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HomeMy WebLinkAbout1977-06-06 Minutes• MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held on Monday, June 6, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Dr. James White, David Newbern, Larry Smith, Mrs. Don Mills, Chester House, Richard Osborne. Chairman Carl Yates. Bobbie Jones, Angie Medlock, David McWethy, Scott Van Laningham, T. L. Nelms, William Weston Rogers, Ronald Woodruff, Wells Bone, Bill Imler, Herbert Hatfield, Maurice Jennings. In the absence of Chairman Carl Yates and Vice -Chairman James White, David Newbern called the meeting to order. The first item was the public hearing on Appeal No. 77-8, William Weston Rogers, 990 Company Street, on an application to vary lot frontage requirements, or more specifically, he is asking for 50 feet of lot frontage at the street line and APPEAL NO. 77-8 William Weston Rogers 990 Company Street the required is 56 feet. William Weston Rogers and Ronald Woodruff were present to represent. Ronald Woodruff said the distances shown on the application show the call which the surveyor uses but the field measurements are much greater than what is called. He said the call is 70 feet and it actually measures 93 feet from the other property owners stakes. Mr. Woodruff said Mr. Rogers did cause Company Street to be closed and they closed it at the corner of the •original lot line (West line of the right-of-way of Read Avenue) which allows the street frontage to come down to the lot. Read Street had already been closed by a City ordinance and had not ever been really opened. Ronald Woodruff said the variance won't do anyone any harm. The street is open that far. He stated that the only way this property could be developed is as a single-family residence. He said they plan to build a small one -bedroom rental home there, using modern features. He said he had talked to Mr. Stewart at the University and he was glad to know they were not putting in a large scale development. David Newbern asked Bobbie Jones to explain the requirements of the Ordinance and Bobbie Jones said the street line is defined as the right-of-way of the street. She explained how a lot is defined in the Ordinance. The front of the lot is the portion of the property nearest the street. She said the width between the side lot lines at their foremost point shall not be less than 80% of the full lot width requirement of 70 feet. Ronald Woodruff said the intersection of Read is still open. Company Street was closed where it originally met Read Street and is closed to the West. The original intersection is completely open and has never been closed. He said they have 30 feet which faces Read Street and 20 feet in the Company Street area. Bobbie Jones said they only have 25 feet on Read Street. Therefore, they actually only have 45 feet of frontage at the street right-of- way line. David Newbern asked where the small frame house (to the West) would be in relation to the property and Woodruff said the house is not drawn correctly on the map. He said the back property line on the West side is about 15 feet. He said the house is actually down on Vinson Street. Mrs. Don Mills asked where the property would be in relation to the house to the East which fronts on Company Street. Mrs. Mills mentioned that the pavement stopped about even with that house. Mr. Woodruff said they expect to be required to improve the rest of the street. Board of Adjustment Meeting June 6, 1977 -2- Bobbie Jones said if there is no street there now, and unless the Board of Adjustment waived the requirement of the zoning ordinance that the lot have frontage on an improved public street, unless the requirement is waived by the Board of Directors it would have to have 30 feet of pavement, also curb, gutter, sidewalks, etc. Bobbie Jones said a cul-de-sac would require a turn -around radius which would be much more expensive to construct. Bobbie Jones mentioned a map she had prepared which showed the streets which are closed by City Ordinance. Bobbie Jones said when Read was closed, they retained all of the street as an easement so the proposed dwelling would have to be off the 25 foot easement. Mr. Rogers said this wouldn't be a problem. Bobbie Jones asked why they included the 13 feet on the West side of the platted alley. Mr. Rogers said that is where the lot line lays. They have no intention of closing the alley. Rick Bye was present representing Earl Garrison, who was there in opposition, owning property abutting on the north side. Rick Bye reminded the Board of the purpose of R-1 zoning. He mentioned that this proposed home may not be compatible with the surrounding area. He stated that the other homes in the area are substantial homes. He stated that a cul-de-sac would not be suitable there. He stated that they are requesting to put a home on an unsuitable piece of property. The street frontage is only 20 feet by 25 feet so it is more than a 6 foot variance. He said this piece of property is not large enough for a single-family home. He said it was only made large enough by the closing of a street. He said Mr. Rogers purchased this knowing it would not be big enough to meet Fayetteville's building requirements. He stated that they are requesting frontage on a street that isn't even there yet. Board member Richard Osborne said he would have to be disqualified from voting on this issue as Rick Bye is a member of the law firm which he is with. Mr. Garrison mentioned the size of the surrounding houses. He said on Trust Street to the north of this proposed building Mr. Eason owns a home of 3,100 square feet; on Sequoyah Drive there is one (Bill Dalton's) 2800 square feet; Mrs. Clive Lane's 3500 square feet plus; Mrs. Marshall has a home 1600 square feet plus a detached garage. He said Charles Bishop's home covers approximately 5100 square feet Plus a deck for an overview. Mr. Garrison said his house has 1500 square feet both upstairs and downstairs plus a basement of 1000 square feet. He said the proposed building will detract from the value of the property. Attorney Woodruff stated that there is also a home of 750 square feet to the West. He stated that the whole development there on Mt. Sequoyah is made up of both small homes and larger ones. Rick Bye said their emphasis is not on the structure of the home, but on their having to obtain a variance to construct it. The public hearing was concluded. APPEAL NO. 77=9 Next was the public hearing on Appeal No. 77-9, Kelley Bros. Lumber Co. Kelley Brothers Lumber and Supply, 2194 Lisa Lane, 2194 Lisa Lane on an application to vary setbacks, or more specifically, they are asking for a front yard setback of 15 feet and the required is 25 feet. Mr. Bone was present to represent. Mr. Bone said they have to have a variance in order to build on the lot. They are asking for 15 feet instead of 25 feet. The request is caused by a 12 inch sewer line running through the property covered by a 25 foot sewer easement. They cannot build on the easement. David Newbern questioned if the sewer easement occurred after Kelley Brothers developed the land and Mr. Bone said Kelley Brothers didn't develop the land. He said they bought it about 5 years ago after it had been subdivided by someone else and the sewer easement was in at that time. No one was present in opposition. The public hearing was concluded. 105 • • • Board of Adjustment Meeting June 6, 1977 -3- Next was the public hearing on Appeal No. 77-10, Bill Imler, 217 East Baxter Lane to vary setbacks, or more specifically he is asking for a side yard setback (east) of 5 feet 9 inches and the required is 8 feet. Bill Imler was present to represent. Bill Imler said he wants to erect a carport. He said he has park it under an oak tree. He said this would be a heavy duty carport. David Newbern asked if he could park the car in any other place and Mr. Imler said "no". Mr. Imler said this will be in line with the building and the driveway. Bobbie Jones stated that Baxter Lane is only 40 feet wide and there would need to be a one foot variance on the front yard setback. She said he is showing 29 feet and they need 30 feet. David Newbern questioned if this request was advertised without asking for the additional 1 foot variance and Bobbie Jones said it was advertised just as an application to vary setbacks, and didn't specify how much of a variance or which setbacks. No one was present in opposition. After some discussion, the public hearing was concluded. APPEAL NO. 77-10 Bill Imler 217 East Baxter Lane a new car and he has to Next was Appeal No. 77-7, T. L. Nelms, Restaurant on the Corner, 248 West Dickson on an application to vary setbacks, or more specifically, he is asking for a front yard setback (Rollston Street) of 1 foot and the required is 5 feet. T. L. Nelms was present to represent. T. L. Nelms said that a portion of the property now they widen the whole street they would have to buy off a lot of property to get the 40 feet and they would take the whole restaurant. David Newbern questioned if Mr. Nelms is renting the property and Mr. Nelms said "yes". Mr. Nelms stated that this wouldn't affect any of the parking area. David Newbern asked Bobbie Jones if there is any need for increased parking if the addition is built and Bobbie Jones said they had checked that and they are showing another large parking lot. No one was present in opposition. The public hearing was concluded. • APPEAL NO. 77-7 T. L. Nelms Restaurant On the Corner 248 West Dickson is useless as it is. He said if The next item was the public hearing on Appeal APPEAL NO. 77-11 No. 77-11 Herbert Hatfield, 117 and 123 North Herbert Hatfield College Avenue, on an application to vary 117 $123 North College setbacks, or more specifically he is asking for a front yard setback (College Avenue) of 4111 feet and the required is 50 feet. Herbert Hatfield was present to represent. Mr. Hatfield showed the Board members pictures of what the canopy he wants to erect will look like. He said it is a portable canopy, which may be easily removed. Mr. Hatfield said he thought that since that wasn't a permanent canopy, he wouldn't need a building permit and found out that he would have to have a building permit. He said when he came in for the building permit the Planning Office found out that he is 8 feet closer to College Avenue than he should be. He said they would need the canopy for shade and also to protect the cars while they are working on them. David Newbern questioned if the Board of Adjustment had recently given Mr. Hatfield a variance to build canopies and Mr. Hatfield said he had gone to the Board of Directors. Bobbie Jones clarified that he did go to the Board of Directors to get an amendment to the Master Steet Plan and then received a variance from the Board of Adjustment. Io6 Board of Adjustment Meeting June 6, 1977 -4- The last item for consideration was the public hearing APPEAL NO. 77-12 on Appeal no. 77-12, Maurice Jennings, 112 West Lafayette, Maurice Jennings on an application to vary setbacks, or more specifically 112 West Lafayette he is asking for a front. yard setback for a fence of 0 feet and the required setback is 30 feet. Maurice Jennings was present to represent. He said his property is 6 feet above the road and about 5 feet above the sidewalk. He said he wants to build a fence on the 2 sides. He said there are no driveways on the block so it will not impede motorists' vision. He stated that this will be a nice, landscaping element which will enhance the neighborhood. Mr. Jennings stated that because of the expense to put a driveway in on such a steep hill, he doesn't think a driveway will ever be built there. No one was present in opposition. The public hearing was concluded. Richard Osborne asked who is and David Newbern said said Mr. Thomas has owned Richard Osborne said they the owner of the property it is Grover Thomas. He the property for some time. should have something on APPEAL NO. 77-7 T. L. Nelms 248 West Dickson Restaurant on the Corner record stating that he is aware of the request for a variance. Bobbie Jones said she sent him an agenda and a carbon copy of a letter so he has been notified. David Newbern asked if the owner has to sign the building permit and Bobbie Jones said the Board of Adjustment could make that a stipulation. Bobbie Jones said they are going to the Board of Directors for a waiver of the Master Street Plan on June 7. The City Attorney said they would need to go to the Board of Adjustment first. Richard Osborne stated that they will not be losing any parking David Newbern stated that the street there is extremely narrow. Mrs. Mills asked if they grant a variance and he builds and they widen the street then wouldn't the City have that much more to buy. She said the reason they want to add on is for their business. She stated that there is not a hardship factor and noted that you can hardly get two cars on the street as it is. Richard Osborne questioned how wide the street is and Bobbie Jones said it is 18 feet between curbs and 77 inches from the curb to where the building is proposed. David Newbern questioned if there isn't some other.way_to add on. Mrs. Don Mills said he could take the needed room from the parking area. She said there is ample parking available. David Newbern asked if this wouldn't be more expensive to build on to the back and Larry Smith said it wouldn't necessarily be more expensive. Bobbie Jones said he wants to replace the restrooms and storage space he is losing. Larry Smith said that to add on to the building would increase the problems if they want to widen the street. James White asked what kind of structure he is planning to build and Bobbie Jones said it will probably be masonry because it is in the fire zone. Mrs. Mills made a motion to deny the request for a variance. Larry Smith seconded the motion, which passed 4-1-1, with Smith, Newbern, White, and Mills voting "Aye", Osborne voting "Nay", and House abstaining. Richard Osborne said he would have to disqualify himself from voting APPEAL NO. 77-8 on this issue because Mr. Bye works for the same law firm William Weston Rogers as Mr. Osborne does. 990 Company Street Bobbie Jones said their legal description gives them 25 feet on Read and 20 feet on Company. Mrs. Don Mills asked if they take in the alley and Bobbie Io7 Board of Adjustment Meeting JuNC 6, 1977 -5- Jones said their legal description gives them the property on both sides of the alley. The alley has not been officially vacated. David Newbern mentioned that there is a question about the lot lines Larry Smith said he feels that they should have it surveyed and establish the lot corners. Chester House made a motion to deny the request for a variance under the present conditions. Larry Smith said he has heard statements on appearance of the property and said he feels this is a matter of opinion. David Newbern pointed out that if the property were unusable for any other use they should take that into consideration. He also questioned if the property is really suitable for what the owner is planning to do with it. Mrs. Don Mills stated that if they could establish what the boundaries are, then they could go from there. She said there are too many questions about where the lines really are. David Newbern said the street doesn't yet exist to the property and he would not be in favor of waiving any requirements on that. Mr. Newbern questioned if the Board of Directors has the authority to waive this and Bobbie Jones said they can waive "bulk and area requirements" and have waived this in the past. Bobbie Jones pointed out that if they got a 25 foot strip of property to the south, they could request a tandem lot from the Planning Commission and bring the driveway in from Vinson. y` The motion to deny the variance passed 5-0-1, with Smith, House, White, Newbern and Mills voting "Aye" and Osborne not voting. Dr. James White made a motion to grant the variance on Kelley Brothers Lumber and Supply. Mrs. Don Mills seconded the motion, which passed 6-0. Richard Osborne pointed out that the notice does just say to "vary setbacks" on Bill Imler so he felt they should go ahead and make a motion on the request. David Newbern said he doesn't find the kind of hardship in this request that they usually require. He said the problem does exist but it is a convenience variance. Dr. White said that before 1970 the setbacks in that area were 5 feet. He said it is downhill from the street so there wouldn't be any view obstruction. Dr. White made a motion to grant the variance requested and also a 1 foot variance in the setback from the front of the property. Richard Osborne seconded the motion, which passed 4-1-1, with White, Newbern, Smith and Osborne voting "Aye", Mills voting "Nay", and House abstaining. APPEAL NO. 77-9 Kelley Brothers Lumber 2194 Lisa Lane APPEAL NO. 77-10 Bill Imler 217 East Baxter Lane David Newbern said it would seem unjustified to deny the request of Herbert Hatfield because of what has happened on College and the fact that the Board of Adjustment has previously let Mr. Hatfield build much closer to College than what he is requesting now. Dr. White said the portability of the structure should also be considered. Bobbie Jones mentioned that the Ordinance sets up minimum setbacks for canopies over gasoline pumps of 20 feet from the street. In the C-3 zone the normal building setback is 5 feet but wherever there is parking between the building and the street it is 50 feet. She said this is a little confusing. Mr. Hatfield has a driveway between the building and the street and she considered this the same as parking. Mrs. Don Mills questioned if there is anything in the Ordinance about temporary carports and Bobbie Jones said "no". APPEAL NO. 77-11 Herbert Hatfield 117 $ 123 North College :01 Board of Adjustment Meeting June 6, 1977 -6- Chester House made a motion to grant the variance for Herbert Hatfield as requested. Dr. White seconded the motion, which passed unanimously. David Newbern said the purpose of the Ordinance is the APPEAL NO. 77-12 safety factor in not permitting fences within 25 feet Maurice Jennings of the street right-of-way. He stated that there is no 112 West Lafayette safety factor in the case of Maurice Jennings. Richard Osborne said this variance wouldn't affect anyone but Mr. Jennings. He said the immediate back door neighbor is so high it won't affect them. Bobbie Jones said she has asked the Planning Commission to amend the Ordinances so that her office may consider fences individually.to interpret if it will or will not obstruct pedestrian or vehicular traffic Dr. James White questioned if the retaining wall is on his property. Mr. Jennings said it is half and half. Chester House made a motion to grant the variance. Larry Smith seconded the motion, which passed unanimously. Dr. James White made a motion to approve the minutes of the MINUTES May 2, 1977 meeting as mailed. Mrs. Mills seconded the motion, which passed unanimously. The meeting was adjourned at 5:30 P. M. 1oei J