HomeMy WebLinkAbout1978-11-20 Minutes•
MINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Board of Adjustment was held on Monday, November 20,
1978, at 3:45 P.M., in the Board of Directors Room, City Administration Build-
ing, Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Chairman
Chairman Carl Yates, Dr. James White, David Newbern, Mrs.
Don Mills, Chester House, Larry Smith, and Richard Osborne
(arrived at 4:25 p.m,).
None.
Bobbie Jones, Gail Biswell, Hugh Kincaid, Mr. and Mrs.
W. C. Morton, Paul Sharrah, Richard Atkinson, Mrs. David
Colclasure, and Frank Scott.
Yates called the meeting to order.
PUBLIC HEARINGS:
As no one was present to represent Appeal
No. 78-25, Howard Prichard; Appeal No. 78-26,
• David M. Colclasure; and Appeal No. 78-24, W. C.
Morton, the first item for public hearing was
Appeal No. 78-27, Frank Scott, 380 West 27th
Court; Application to waive requirement that a
lot have frontage on a public street. Hugh
Kincaid was present to represent.
Hugh Kincaid, attorney for Frank Scott, presented Mr. Scott's appeal to
the Board. Mr. Kincaid stated that, basically, Mr. Scott would like to build
a home on his mother's 40 acres. His house would be served by the same private
road that had adequately served his mother's house for many years. He stated
that the road has been well-maintained and that it offered safe and convenient
access for services, police and fire protection. Mr. Kincaid stated that Mr.
Scott and his mother, Mrs. Hodnett, did not ever plan to develop or subdivide
the 40 acres, but that they wanted to keep the property in a natural state and
hold as a family estate for future generations. Mr. Kincaid stated that if
this Board decided to require the Scotts to dedicate and build a public road
to the existing public road (a distance of approximately 810) to serve only
this additional house, that this would be a hardship for them, He also stated
that Mr. Scott's mother was deeding the property to her son only for purposes
of obtaining a mortgage for construction and that the house was to be built
for a private home only and not ever intended for resale.
Carl Yates inquired whether Mr. Kincaid felt there might be a problem in
getting Mr. Scott's mother to grant him an unrestricted easement across her
other property for road purposes should the Board desire such an easement.
Mr. Kincaid replied that he didn't foresee any problem in getting an
easement. He further stated that, if nothing else, an "easement of necessity"
or "actual Use' would be available. A short discussion ensued.
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PUBLIC HEARING
APPEAL NO. 78-27
Frank Scott
380 West 27th Court
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• Board of Adjustment Meeting
November 20, 1978 - 2
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Chairman Yates asked if there were any further comments or questions by
the Board or anyone else present, and there being no more, the public hearing
was declared closed on this appeal.
Mr. and Mrs. W. C. Morton were now pres-
ent and Chairman Yates declared the public hear-
ing to be open on Appeal No. 78-24, W. C. Morton,
705 Sunset Ave.; Application to vary required
setbacks. Mr. and Mrs. Morton were present to
represent.
Mr. Morton stated that he was requesting a variance in order that his
rear yard setback could be shortened from the 20 feet required to 10 feet.
He stated that, although his building permit had been issued for a house with
a 2 -car garage, his mother-in-law would be residing with he and his wife and
since the three of them each had cars, they felt an additional garage necessary
Mr. Morton stated that the slab has already been poured for this additional
space and that, if this variance is granted, the only change in the structure
would be that the roof line of the house would be extended to cover the slab.
Mr. Morton further stated that at this time they were undecided as to whether
or not the west wall would be closed in or left open as a carport. Mrs. Morton
stated that, no matter which way the garage would finally be constructed, she
intended to build a "rose fence" along this end of the garage and that this
would be enjoyable for her family as well as the neighbors. Mr. Morton stated
that the only problem he could foresee with the extension of the roof line
might be one of water drainage, but that with proper guttering and precautions
he did not feel this would be an insurmountable problem for the neighbors to the
west (the Sharrahs), He stated that he had intended to speak to Mr. Sharrah
about the possibility of a water problem, but that he had not as yet done so.
Chairman Yates inquired of Mr. Morton as to the height of the retaining
wall running along the slab for this additional garage. Mr. Morton replied
that it was approximately 3-4 feet.
Mrs. Jones read the definition of a "yard" as defined in Article 17
(Appendix A -Zoning) of the Fayetteville Code of Ordinances, which states: "A
required open space other than a court unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the general ground
level of the graded lot upward, provided, however, that fences, walls, poles,
posts and other customary yard accessories, ornaments and furniture may be
permitted in any yard subject to height limitations and requirements limiting
obstruction of visibility."
Mr. Paul Sharrah, present in opposition, stated that the elevation of
Mr. Morton's land rose slightly toward his own lot and that the additional
rise, as well as the height of the house's foundation, made the house quite
high on the west side. Mr. Sharrah stated that he was embarrassed to have to
come before a public meeting and oppose a neighbor, but that he felt the addi-
tional crowding of the house to the side of the yard was just not "good planning."
After a short discussion, Chairman Yates asked if there were any further
comments or questions by the Board or anyone else present, and there being none,
the public hearing was declared closed on this appeal.
PUBLIC HEARING
APPEAL NO. 78-24
W. C. Morton
705 Sunset Avenue
• Board of Adjustment Meeting
November 20, 1978 - 3
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Chairman Yates then declared the public
hearing to be open on Appeal No. 78-28, Richard
Atkinson, 695 Gray Avenue, property zoned R-1,
Low Density Residential; Application to vary
setbacks. Richard Atkinson was present to
represent.
Committee member David Newbern stated that he would like to disqualify
himself on this item as he is a personal friend and colleague of the applicant.
Chairman Yates accepted Mr. Newbern's abstension.
Mr. Atkinson presented his appeal to the Board, stating that he was re-
questing a variance to allow him to build 211 feet from the street right-of-way
instead of the required 25 feet, He stated that his decision to place the
additional bedroom and bathroom at this location was made for the reason that
this was the only conceivable place to add to the house and preserve the effi-
cient layout of the existing house, as well as to preserve the many large trees
on his lot. He stated that he had contacted nearly every neighbor along Cleve-
land and Gray streets and that not one had any objections to his proposal.
On the contrary, he stated, every neighbor's reaction was one of great enthusiasm
for his project. He stated that several of the neighbors had commented that
they thought his project would be a great improvement to the neighborhood.
He stated that this addition to the house was necessary in order to obtain
necessary storage room and additional needed space, as well as to insulate the
rest of the house from the noisy traffic from Cleveland Street. He stated that
the addition would actually only come within 27 feet of the street, as the street
didn't cover the entire right-of-way. He said that there would still be plenty
of room between the addition to the house and Cleveland Street even if Cleveland
Street was someday improved and widened.
Chairman Yates stated that he was very pleased with Mr. Atkinson's
efforts in talking to his neighbors and getting their approval, if not enthusi-
astic support, for his project.
Drt White inquired of Mr. Atkinson whether he had obtained signatures of
the adjoining property owners and neighbors. Mr. Atkinson replied that he had
and at that point introduced to the Board the signatures of said neighbors and
property owners which were passed around the room.
Chairman Yates then asked if there were any further comments or questions,
and there being none, the public hearing was declared closed on this appeal.
PUBLIC HEARING
APPEAL NO. 78-28
Richard Atkinson
695 Gray Avenue
The next appeal for public hearing
was Appeal No. 78-26, David M. Colclasure,
3240 Old Farmington Road, property zoned R.1,
Low Density Residential District; Application
to waive requirement that a lot have frontage
on a public street. Mrs. David Colclasure was
present to represent.
Mrs. Colclasure presented the appeal to the Board, stating that she and
her husband wanted to a build a home on her parents' property in order to be
nearer to them (they are elderly) since she must care for them. She stated
that, although the lot they wanted to build on was not very large and it did
PUBLIC HEARING
APPEAL NO. 78-26
David M. Colclasure
3240 Old Farmington Road
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• Board of Adjustment Meeting
November 20, 1978 - 4 -
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not have frontage on a public street, she needed the house at this location
in order to conveniently care for her parents. She stated that they didn't
want to build on the other side of the private road since their grazing land
was on that side of the road.
Chairman Yates asked if she would be able to obtain an unrestricted
easement from her parents or perhaps her neighbor (she was not positive which
owned the private road) for roadway purposes, should it become necessary.
She stated that her parents would be very glad to give her an easement, and
that her neigh9or had stated that he would sign anything necessary for her to
obtain permission to build where she wanted to in that she had let him use her
property to put in a water line to his house She stated that her neighbor
would be willing to help her in any way possible.
Chairman Yates asked if there were any further comments or questions,
and after a short discussion, the public hearing was declared closed on this
appeal.
Chairman Yates asked whether anyone was
present to represent Appeal No. 78-25, Howard
Prichard, 1194 South Washington Avenue, applica-
tion to vary setbacks. As no one came forward,
Bobbie Jones suggested that the item be tabled
until she could contact the applicants.
Chairman Yates stated that the item would
be tabled until the next regular meeting. He
asked Mrs. Jones to contact Mr. Prichard and
inform him that it was the Board's policy to
not hear an appeal without the owner or another
representative to present the appeal.
CONSIDERATIONS:
Chester House moved to grant Appeal No.
78-27, Frank Scott, with the condition that a
25 feet unrestricted easement to the property
from the platted public street be obtained by
Mr. Scott. Dr. James White seconded the motion.
Mrs. Mills inquired whether this Board should take any action on this
request since the Planning Commission. was presently looking into the feasibility
of allowing unrestricted easements in lieu of fee simple title to property for
street frontage requirements. Richard Osborne stated that he had taken this
question to the Planning Commission and that a committee thereof had been ap-
pointed to study the question and make a recommendation.
Chairman Yates stated that he felt Mr. Scott's situation to be somewhat
different than normal as this was a family estate and not intended for further
development. Dr. White called for the question, and after a vote having been
taken, the motion to grant the appeal passed unanimously.
PUBLIC HEARING
APPEAL NO. 78-25
Howard Prichard
1194 S. Washington Avenue
CONSIDERATION OF
APPEAL NO. 78-27
Frank Scott
380 West 27th Court
Board of Adjustment Meeting
November 20, 1978
Mrs. Bobbie Jones stated that she had re.T
ceived a telephone call from another neighbor
of the Morton's and after she had explained
the variance request to this neighbor, he had
no objections to the request. She said that
this neighbor stated that he would have objected
if the request had been to build closer to the
public street.
David Newbern moved to deny the variance request.
the motion, which passed unanimously.
Dr. White stated that he was very pleased
that Mr. Atkinson had made such an effort to
talk to his neighbors and get their support.
He moved to approve the request. Chester House
seconded the motion, which passed 6-0-1 (David
Newbern abstained).
David Newbern moved to grant this request
upon the conditions that (1) the petitioners
obtain a 25 feet unrestricted easement suffi-
cient to provide ingress and egress to their
property from the public street, and (2) that
the petitioners meet all setback requirements
from their private road the same as they would
be required to meet if the road were a public
street.
Dr. White seconded the motion, which passed
unanimously.
Dr.
CONSIDERATION OF
APPEAL NO. 78-24
W. C. Morton
705 Sunset Avenue
James White seconded
CONSIDERATION OF
APPEAL NO. 78-28
Richard Atkinson
695 Gray Avenue
CONSIDERATION OF
APPEAL NO. 78-26
David M. Colclasure
3240 Old Farmington Road
The minutes of the previous meeting of November 6, 1978
as mailed.
The meeting adjourned at 5:10 P.M.
were approved
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