HomeMy WebLinkAbout1977-05-02 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M., Monday, May 2, 1977,
in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas.
• MEMBERS PRESENT: Chester House, Larry Smith, Mrs. Don Mills, Richard Osborne, David Newbern.
MEMBERS ABSENT: Chairman Carl Yates, Dr. James White.
OTHERS PRESENT: Bobbie Jones, Angie Medlock, Bryce Davis, James C. Williams.
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In the absence of Chairman Carl Yates and Vice -Chairman Dr. White, David Newbern, as the
member present having the longest tenure, called the meeting to order.
The public hearing was opened on Appeal No. 77-6, Bryce J. Davis, APPEAL NO. 77-6
on an application to vary lot area minimum for a duplex, or more Bryce J. Davis
specifically, he is asking for 8,000 square feet and the required 2365 Hatfield Drive
is 12,000 square feet in R-1, Low Density Residential. The Planning
Commission approved a duplex conditional use request for this property at their April 25,
1977 meeting. This was approved on condition that they obtain a variance from the Board
of Adjustment.
Lryce J. Davis was present to represent.
Bryce Davis said this property was put on the market about 6 months ago and they expected
someone to purchase it and put a house on it. He said it had stayed on the market until
about 45 days ago; and the only opportunity they have had to sell it was to someone who
wanted to put a duplex on the lot. He mentioned that there are not very many lots in
the price range of this lot. He said all of the houses immediately around (except one)
are r'ented out at the present time. He said there is a sewer lift station across the
street and the house to the east is a duplex. He said they felt that putting another duplex
in would keep within what the neighborhood had and wouldn't hurt the neighborhood in any
way. He showed the Board of Adjustment pictures of the immediate neighborhood. He said
he feels a duplex is a perfect use for the lot. He stated that if this had been rezoned
R-2, 8,000 square feet would be permissible. He said he agreed with the Planning Commission
that it is better to go in with a variance rather than change the character of the neighbor-
l.00d by changing to R-2. He said he had not had any objection to this duplex at any of
the prior meetings. David Newbern asked Bobbie Jones if they would have any problem in
Luilding a single-family house on this property. Bobbie Jones said a single-family house
requires 8,000 square feet in R-1 so they wouldn't have any problems putting in a single-
family house. She said in the R-2 zoning district a single-family house requires 6,000
square feet and 7,000 square feet for a duplex.
Bobbie Jones said duplexes are permitted in R-1 only as a conditional use approved by
the Planning Commission. Bobbie Jones stated that when the new zoning came into effect
in 1970, duplexes were permitted in R-1 as long as they met the lot size requirement.
This was changed two years later to only permit them as a conditional use.
David Newbern asked if there is anything that would keep Mr. Davis from using this for a
single-family house and Bobbie Jones said "no". Bobbie Jones said the Planning Commission
did approve the conditional use for a duplex on this lot but they didn't have the authority
to waive the lot size. David Newbern stated that there isn't anything unique about the land
that would require a smaller lot size.
James C. Williams said he owns the third house down on the same street. He said the area
which Bryce Davis is talking about is rental, but most of it was there before 1970. He
said the street is blacktopped, but it is very narrow and has no curb or gutter. He
said they have a tremendous traffic problem with the residents of Scholars Inn. He said
there are many pre-school age children on the street. He stated that they finally got a
25 m.p.h. speed zone posted. He stated that if you go up the street a small distance,
most of the people own the house they live in. Mr. Williams stated that with the traffic
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Board of Adjustment Meeting
May 2, 1977 -2-
situation, this area is not suitable for duplexes. He questioned if this would
strictly stay.as a duplex or would they then want to build apartments there. He
said the apartments on Holly were built before 1970, before the City had a zoning
ordinance to_stop them. He stated that he is speaking for himself and Jim Rand, who
was working and couldn't be at the meeting. He mentioned that a lot of people who
object can't be at the meeting because of the time.
Richard Osborne asked if Porter Road is a dirt road. Mr. Williams said it is supposed
to be blacktopped but it is torn up.
Bryce Davis said he had sent out notices to all of the surrounding property owners and
four return receipts and one letter had been returned. He also mentioned that the
Planning Commission meeting was at 5:00 so they could have come to that meeting if they
wanted to be heard. He also said it was posted for two weeks with a sign on the
property.
The public hearing was concluded.
Richard Osborne said he is disturbed about the size of the variance. He said he
isn't sure the Board of Adjustment was created to grant variances of 1/3 of what is
required. He said they had turned down one recently because the variance asked for
was quite large. He questioned if they have the authority to grant variances of this
size.
Mrs. Don Mills stated that there is not anything unique about the land. David Newbern
stated that this property could be put to the use which is intended for this particular
zone.
Chester House said he is concerned about the fact that a higher "Board" has approved
this contingent upon their granting the variance.
Mrs. Don Mills made a motion to deny the request for the variance. Richard Osborne
seconded the motion. The motion passed 3-1-1 with Mills, Newbern, and Osborne voting
"Aye", House voting "Nay", and Smith abstaining.
Richard Osborne pointed out that Mr. Davis could request a rehearing since two of
the members of the Board were absent.
The minutes of the April 18, 1977 meeting were approved as mailed. MINUTES
The meeting was adjourned at 4:05 P. M.
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