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HomeMy WebLinkAbout08-61 RESOLUTION• RESOLUTION‘y • • WHEREAS, on the 23rd day of June, 1961, J. A. Roberts and Dan Roberts did file before the City Clerk of Fayetteville, Arkansas, a petition to rezone certain territory located within the city limits of Fayetteville, Arkansas, and that a date was set for a public hearing on this petition, and that notice of said hearing was provided in the Northwest Arkansas Times, as required by law, and that this property is described as follows: "'Lot 1, 2, and the north one-half .(Z) of Lot 3 in Block 16, Rose Hill Addition, to the City of Fayetteville, Arkansas. and, WHEREAS, at said public hearing the petitioners offered proof by means of oral testimony and signed affidavits, that the above described property has been used for commercial purposes prior to the year 1929, and has been used continuously since that time up until 1960, at which time the property became a part of a decedent's estate, and that on the day of , 1961, the petitioners purchased the property from an heir of the estate. WHEREAS, Act 115 of the Acts of Arkansas for 1961 provides that any property used for commercial purposes prior to the year 1929, and which has been used continuously since that time for commercial purposes shall, upon application to the governing body of the city, accompanied by affidavit in support thereof, be zoned for commercial use, and, WHEREAS, the Planning Commission of the City of Fayetteville,, after approving the affidavits submitted by the petitioners, has recommended that the petitioners be given permission to operate a plumbing'shoi) and to make the necessary repairs to the present building as are neces- sary for the operation of the plumbing shop, with all of the loading to be at the west of the building, and the property thereafter to be con- sidered non -conforming commercial in a R-3 zone. NOW THEREFORE, BE IT RESOLVED by the City Council of Fayetteville, Arkansas • • • 4 SECTION 1. The City Building Inspector is hereby authorized to issue a building permit to J. A. Roberts and Dan Roberts, for the pur- pose of locating and operating a plumbing shop( in the building located 14444--o{of LOASIN6 �o R.ppovc in the above described area, ai- -Fue. Gds f of t a Bu,i-dire. - SECTION 2. That the petitioners are given permission to make the necessary repairs to the present building as are necessary for the oper- • ation of a plumbing shop, and thatithe above described area is to be • considered as a non -conforming commercial area in an R-3 Zone. PASSED AND APPROVED this ;4436(day of ATTEST: 0 431 GEORGEAVIS, CITY CLERK • • APPROVED: 1961. GUY E. BROWN, MAYOR • • • PETITION TO FAYETTEVILLE CITY PLANNING COMMISSION, THE MAYOR, AND THE MEMBERS OF THE CITY COUNCIL OF FAYETTEVILLE, ARK= ANSAS PETITION Comes now the undersigned parties, and for their petition 4 for rezoning, state: That the undersigned are the owners and in possession of the following described real estate situated in,the City of Fayetteville, Washington County, Arkansas,�and more particular- ly described as follows: Lot 1, 2, and the north one-half (2) of Lot 3, in Block 16, Rose Hill Addition, to the City of Fay- etteville, Arkansas. That a plat of said above described real estate is attach- ed hereto and marked Exhibit "A" and made a part of this peti- tion. That the above described real estate is presently zoned as R-3 Multi -Family Residential, and that it is the desire of the petitioners herein that said real estate be rezoned to Commer- cial with uses analogous to C-2 Thanughfare Commercial District, for the following reasons: (1) That under Act 115 of the Acts of Arkansas for 1961, property"which has been used continuously since 1929 for com- mercial purposes, shall upon application to the planning com- mission, accompanied by affidavits in support thereof, be zoned for commercial use. (2) That the above described real estate would come under the provisions of the above mentioned Act of Arkansas, in that it has been used continuously as commercial property for the required period of time. Attached to this petition are the necessary affidavits in proof of this fact. (3) That the rezoning of said property as petitioned for herein would enable the owners thereof to make a more extensive i and profitable use of their property without detrimental ef- fect to the rights of adjacent property owners or to the gen- eral public. WHEREFORE, petitioners pray that the Fayetteville City Planning Commission fix a time and place for a public hearing for the petition and cause a notice of said public hearing setting forth the time and place and purposes thereof to be published in the Northwest Arkansas Times more than fifteen (15) days prior to said public hearing and that the Fayette- ville City Planning Commission recommend to the Fayetteville City Council that the herein described area be rezoned to Com- mercial with uses analogous to C-2 Thoroughfare Commercial District. Tied in my office _ eay . _--;month/ Year .......City Clerk Respectfully submitted, • i • • i • • Rk-f- or (tic ''// FA it? lue tY0 ex 3 -rw a- // /0 9 4, 1 7 , 4440' za • GREER ABSTRACT COMPANY RELIABLE ABSTRACTS FAYETTEVILLE - SPRINGDALE. ARKANSAS SG eaV % 5 1. P¢ Q -/G • 3 0 SHEET No.