HomeMy WebLinkAbout1977-07-18 Minutes•
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MINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M., Monday,
July 18, 1977, in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT: Chairman Carl Yates, David Newbern, Larry Smith, Mrs. Don Mills,
Chester House, Richard Osborne.
MEMBERS ABSENT:
OTHERS PRESENT:
Dr. James White.
Bobbie Jones, Angie Medlock, Hugh Kincaid, Essie I. Padgett,
W. F. Bell, Luis Toro, and other unidentified persons.
Chairman Carl Yates called the meeting to order.
The only item for discussion was the public hearing
on Appeal No. 77-16, Essie I. Padgett, Highway 16 East,
on an application to vary lot frontage minimum, or more
specifically, she is asking for a 0 foot frontage on a
public street and the zoning ordinance requires 70 feet.
easement across the street.
Attorney Hugh Kincaid and Mrs. Padgett were present to represent.
Hugh Kincaid said when the property was purchased in 1972 neither the buyer nor the
seller realized that a subdivision waiver would have to be obtained. He said it was
ignorance on the part of Mr. Bell, the seller, and Mrs. Padgett, the buyer. He said
Mrs. Padgett would not be able to get a clearance for water and sewer taps without
the waiver on the frontage requirement. He said Bobbie Jones could not approve it,
with just a 16 foot easement to the road.
Chester House asked what the area of the lot is. Hugh Kincaid said it is .45 of an
acre, 130 feet by 150 feet. He said about 70 feet of the 130 feet depth is in the
County and about 60 feet is in the City. He said she would be putting a mobile home
on that part in the County. He said the sewer line is on her property and the water
line is on the road. Hugh Kincaid noted that if they had requested a waiver of these
subdivision requirements when she had purchased the land, this problem might have been
avoided. He said the Circuit Clerk is the only safety factor that there is for
checking for lot splits.
Bobbie Jones said the City's zoning as to the use of the property does not apply
outside the City. She said the part of the property inside the City will have to
meet the zoning requirements and have frontage. Bobbie Jones noted that the most
recent ordinance for the County does require frontage on a public road. She said
if all of the property had been in the County she would have sent this to the County
and if they approved it, she would approve it.
Chairman Yates questioned if Mrs. Padgett could use the property as she wished if it
were all outside the city limits and Bobbie Jones said "yes". He asked if the Board
of Adjustment would be approving the use of a trailer on the lot and Bobbie Jones
said "no"; the Board would be waiving the requirement for street frontage.
David Newbern said he is having difficulty with the fact that there is nothing
particularly unique about this land that causes the hardship involved that was not,
in essence, caused by the situation Mrs. Padgett created when she bought the land.
Hugh Kincaid said he felt it was not her act which caused this. She was unaware of
the problem. He noted that the Planning Commission is concerned that there are other
small acreage splits which have been created in much the same way and people will not
be able to use the land because the safeguards for catching this type of thing are
very poor. He said he feels the Planning Commission can say that these are really
hardship cases because there is no fault of the buyer.
APPEAL NO. 77-16
Essie I. Padgett
Highway 16 East
She does have a 16 -foot
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Board of Adjustment Meeting
July 18, 1977 -2-
Bobbie Jones said the only control the City would have over this property is the
issuance of permits for attaching to water and sewer.
Chairman Yates questioned if this property was all inside the City and they granted
the variance, could she still live in the trailer. Bobbie Jones said "no". She said
the only way she could issue a permit for a trailer is if the property was 3 acres
or more and zoned A-1. The land inside the City is zoned R-1 and of course, it is
less than 3 acres.
Bobbie Jones acknowledged a petition with 19 signatures from surrounding property
owners who are against a mobile home.
Luis Toro expressed concern that the City might be trying to take some of his
property in order to get enough frontage to qualify this as a tandem lot. When
it was explained to him that this was not the case he voiced no objection to the
variance. Mrs. W. F. Bell said they could not give up any more of their property.
The public hearing was concluded.
Chester House made a motion to grant the variance. Richard Osborne seconded the
motion. Mr. Yates said he understands the problem of finding a hardship. He said
it also appears that the Board of Adjustment is deciding if she can tie on to City
water and sewer.
Mrs. Mills said both the buyer and seller acted in good faith. She noted that the
man who drew up the abstract suggested the 16 foot easement to make it legal
Richard Osborne questioned if Mrs. Padgett had the 25 foot strip of property could
Bobbie Jones have granted this. Bobbie Jones said she could have sent it on to the
Planning Commission as a tandem lot and if the 16 foot strip of land had been owned
rather than an easement, she would have sent it on to the Planning Commission for a
tandem lot and to the Board of Adjustment for a waiver from 25 feet to 16 feet.
The motion made by Mt House and seconded by Mr. Osborne passed unanimously.
The meeting was adjourned at 4:30 P. M.
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