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HomeMy WebLinkAbout1979-03-05 Minutes• • • A meeting of March 5, 1979, at stration Building, MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: MINUTES OF A BOARD OF ADJUSTMENT MEETING the Fayetteville Board of Adjustment was held on Monday, 3:45 o'clock P.M. in the Board of Directors Room, City Admini- Fayetteville, Arkansas. Chairman Carl Yates, Mrs. Don Mills, Chester House, David Newbern and James White. Larry Smith and Steve Nickles. Bobbie Jones, Gail Biswell, Bob Sweetser, Mrs. George Flowers, Mrs. Exie Hardy, Mrs. Mellie J. Henderson, and other unidenti- fied members of the audience. Chairman Carl Yates called the meeting to order. PUBLIC HEARINGS: The first item of business was the request for a rehearing of Appeal No. 78-30, Shirley Sweetser, for property located on the southeast corner of 13th Street and College Avenue. Mr. Bob Sweetser, husband of the petitioner, was present to represent. Chairman Yates explained that this hearing was first had in 1978 and that since that time the City Attorney had reviewed the situation. Mr. McCord, the City Attorney, submitted a letter to the Planning Office stating that he felt there was a possibility that undercertain circumstances this appeal might be granted in view of recent amendments to the governing section of the ordinance (Article 4, Section 2 of Appendix A - Zoning to the City Code of Ordinances). David Newbern moved to allow the petitioner a rehearing. Dr. White seconded the motion, which passed unanimously. REQUEST FOR REHEARING OF APPEAL NO. 78-30 Shirley Sweetser 13th St. $ College Ave. The next item for consideration was the public hearing on Appeal No. 79-6, Mr. and Mrs. George Flowers, petitioners, for property located at 311 East Rock Street, application to vary minimum lot width. Mrs. Flowers was present to represent. Mrs. Flowers explained that she and her husband wished to build a seven unit apartment building on the property and that, although it lacked sufficient lot width fronting on Rock Street, it did have sufficient width in other places as well as enough total land area to contain the apartments. Mrs. Jones stated that Mrs. Flowers had worked closely with the City Inspec tion Superintendent, Harold Lieberenz, and that Mr. Lieberenz had felt that the applicants had met all City requirements except sufficient lot width along Rock Street. She stated that they needed 90 feet frontage and only had 75 feet. PUBLIC HEARING APPEAL NO. 79-6 Mr. $ Mrs. George E. Flowers 311 East Rock Street 77 • • • Board of Adjustment Meeting March 5, 1979 Page 2 Dr. White questioned Mrs. Flowers whether the tenants of the apartments would have access through any of the alleys noted on the drawing. She replied that the north -south alley on the East side of the property is open, and that the other alley was platted but not open. Mrs. Mills noted that the alley that would have access to the property was a very nice gravel alley and that she felt most of the tenants would use this alley (which connects to Huntsville Road) more than they would the Rock Street access. David Newbern stated that he was impressed by the configuration of the lot and impressed that the owners were trying to utilize it to its best possible advantage, however, he stated that he was concerned about the area in that it is a high -traffic area. Mrs. Flowers stated that she did not feel the area was too busy for the few apartments they would have. She also stated that many of the tenants would be using the alley, thereby alleviating additional traffic on Rock Street. Mr. Newbern questioned Mrs. Flowers as to the size of the apartment units and she replied that each would have three rooms and a bath and that the build- ings would be one-story. Chairman Yates commented that the Building Inspection Department would need to make a determination as to requirements connected with the 100 -Year Flood Plain, although this determination was not pertinent to the Board of Adjustment's considerations. After further discussion, Chairman Yates asked if there were any further comments or questions by anyone present, and there being none, the public hear- ing was declared closed on this appeal. Mrs. Flowers left the meeting at this time. The next item for consideration was the public hearing on Appeal No. 79-7, Mrs. Exie Hardy, petitioner, property located at 573 N. Walnut Ave., application to vary setbacks. Mrs. Hardy explained that she was request- ing two setback variances, one being a request for a 17 ft. setback from the front property line when 25 ft. is required, and the other being a request for a 5 ft. setback from the side property line when 8 ft. is required. She explained that she needed the front setback in order to remodel her front bedroom into a garage (she would also need to extend that part of the house out another 8 ft. toward the street in order to have enough room to park her car) and the side setback was needed to construct a bedroom onto the back portion of the house to compensate for the lost front bedroom. Mrs. Hardy further explained that she needed the garage very badly since she is afflicted with arthritis and has had a hard time getting to her car through the icy winter weather. She stated that her only income is from several rent houses and that she was called out of her house almost daily during the bad weather to see about one or the other of the houses. Mrs. Hardy went on to explain that she cannot park her car on her property because of a neighbor's tree which overhangs her property and damages her car with broken limbs in the winter and with dead leaves, etc. in the summer. PUBLIC HEARING APPEAL NO. 79-7 Mrs. Exie Hardy 573 N. Walnut 78 • • • Board of Adjustment Meeting March 5, 1979 Page 3 Mrs. Hardy explained that she has come to the Board several times in the past with practically the same request, however this time she was only asking to put the garage 8 ft. closer to the street instead of 20 ft. as she had asked to do earlier. A lengthy discussion ensued concerning various other possible locations for the garage. Mrs. Mellie Henderson, Mrs. Hardy's neighbor to the south, was present in opposition. She stated that she felt Mrs. Hardy could put her garage in some other location other than out close to the street which would block the view from her own home. Mrs. Henderson asked that her letter of objection which she had submitted earlier to the Planning Office be made a part of the records of the meeting. A copy thereof is attached hereto and made a part of the minutes of the meeting. After further discussion, Chairman Yates questioned if there were any additional comments or questions by anyone present, and there being none, the public hearing was declared closed on this appeal. CONSIDERATIONS: Chairman Yates stated that consideration would first be had on Appeal No. 79-7, Mrs. Exie Hardy, since Mrs. Flowers (Ap. No. 79-6) had left the meeting earlier. Chester House stated that, although he would like to see Mrs. Hardy have a garage, he believed she could build one else- where on her lot that would be just as serviceable and probably less expensive. Chairman Yates stated that he felt the Board could approve the sideyard setback since it was in line with the original house's sideyard which had been in conformance with City codes at the time it was built thirty years ago. He questioned whether one of the variances would be any good without the other. Mrs. Hardy responded that she needed the garage more than she needed the bedroom. Mrs. Mills stated that she felt Mrs. Hardy had plenty of room to build a garage in back of her house, even it if meant removing a valuable magnolia tree (as Mrs. Hardy had pointed out several times). Mrs. Mills stated that "first things come first." Mrs. Mills moved to deny the variance requests in their entirety. Dr. White seconded the motion, which passed unanimously. CONSIDERATION OF APPEAL NO. 79-7 Mrs. Exie Hardy 573 N Walnut David Newbern stated thathe was impressed by the proposed utilization of the oddly configu- rated lot, however, the lot's lack of sufficient Mr. width along Rock Street was a drawback. He also stated, however, that he was inclined to believe that the frontage and access along the alley side of the lot, as well as its more than adequate total land area, compensated for the lack of width along Rock Street. He stated that he felt the flood plain was irrelevant to this Board since Mr. Lieberenz would take care of the problem. Mr. Newbern then moved to grant the appeal. Dr. White seconded the motion, which passed unanimously. The minutes of the previous meeting of February 5, 1979, were approved as mailed. There being no further business to be conducted, said meeting adjourned at 5:00 o'clock P.M. CONSIDERATION OF APPEAL NO. 79-6 & Mrs. George E. 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