HomeMy WebLinkAbout1979-03-05 Minutes•
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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
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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
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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. Flowers
311 East Rock Street
74
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