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Home My WebLink About2002-11-01 y • • • BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS ORDINANCE N4 2002- AN ORDINANCE REZONING PART OF LOT 4, BLOCK 45, SCHOOL ADDITION TO THE CITY OF BATESVILLE, ARKANSAS WHEREAS, Geneva H. Talburt, owner of Lot 4, Block 45, School Addition to the City of Batesville, Arkansas, by and through her duly appointed attorneys-in-fact, Gene ' I Talburt and John Talburt, petitioned the Batesville Planning Commission to rezones Lot 4, Block 45, School Addition from HR-1 zoning to R-2 zoning classification; and, WHEREAS, the Batesville Planning Commission, by vote on September 9, 2002, voted not to recommend the rezoning; and, WHEREAS, the Batesville Planning Commission submitted a written statement dated October 8, 2002, as required by Section XIII, Subsection II(A)(7) of the City of Batesville Zoning Code, stating reasons for the denial of the rezoning request; and, WHEREAS, Geneva H. Talburt and the Ernest Talburt Estate has appealed the disapproval of the rezoning request to the City Council as provided in Section XIII, Subsection II(A)(7) by stating in writing to the City Clerk why she considered the Planning Commission's findings and decisions to be in error; and, WHEREAS, the City Council has considered the rezoning request and has determined that the rezoning request should be granted in part and denied in part. • BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: 1. Lot 5, Block 45, School Addition to the City of Batesville, Arkansas, is and for many years has been zoned R-2 residential; 2. The 2-story dwelling located primarily upon Lot 5, Block 45, School Addition, is also partially located on Lot 4, Block 45, School Addition, which was zoned HR-1 in 1991; 3. As a result of the zoning of Lot 4, Block 45, School Addition, as HR-1, the principal structure on the lots is now situated in two separate zoning classifications; 4. The nominal East 38 feet of Lot 4, Block 45, School Addition, a rectangle 38 feet by 150 feet, should be and is hereby rezoned to R-2 residential in order that the principal structure located thereon, be in one zoning classification. The balance of Lot 4, • Block 45 remains in HR-1. THIS ORDINANCE ADOPTED this 12`h day of November, 2002. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 0 ONORA E JOE BIARD, MAYOR ATTEST: 1 DENISE JOHNSTOfi, CITY CLERK • BLAIR & STROUD • ATTORNEYS AT LAW 500 EAST MAIN• SUITE 201 P. O. BOX 2135 • BATESVILLE, ARKANSAS 72503 TELEPHONE (870)793-8350 H.DAVID BLAIR TELECOPI R ROBERT D.STROUD October 14, 2002 (870)793-39 9 MICHELLE C. HUFF WRITER'S E-MAIL rds@blastlaw.com Batesville City Council 500 East Main Street Batesville, Arkansas 72501 ATTENTION: DENISE JOHNSTON Re: Appeal of Denial of Rezoning Classification— Lot 4, Block 45, School Addition Dear Council: • Please consider this letter as an appeal on behalf of the Ernest Talburt Estate and Geneva H. Talburt of the decision by the Planning Commission to disapprove the rezoning of Lot 4, Block 45, School Addition to the City of Batesville, Arkansas. That decision was made on September 9, 2002, and a letter from the Planning Commission, dated October 8, 2002, which purports to state the reasons for the denial of the request is attached to this letter. Section XIII, Subsection II(A)(7) of the City of Batesville Zoning Code provides that an appeal from the Planning Commission's decision may be filed with the City Clerk within 15 days, setting out specifically in writing why the appellant considers the Planning Commission's findings and decisions to be in error. The appellants believe that the Planning Commission's decision is in error and should be reversed, for the following reasons: 1. The Historic District, referred to as HR-1, erroneously included Lot 4, Block 45. This is obvious from the survey of Lots 4 and 5, a copy of • which is attached, which shows that part of the Talburt house is actually situated on Lot 4. BLAIR & STROUD ATTORNEYS AT LAW P. O. BOX 2135 •BATESVILLE,ARKANSAS 72503 Batesville City Council October 14, 2002 Page 2 2. The Talburt house was for decades up until the death of Ernest Talburt, used for purposes consistent with R-2 zoning. Lot 5 is zoned R-2. Mr. Talburt ran a real estate business out of his house, including a real estate brokerage and, in later years, continuing his business of personally financing real estate and collecting installment payments on those transactions. The buildings and additions to the house which are actually located on Lot 4 have no historical value or significance. 3. The property located directly southeast of Lots 4 and 5 is zoned commercial. The property diagonally across 12' Street is zoned commercial. The request to rezone is not to rezone Lot 4 from HR-1 to commercial, but to R-2, which will make the house fully situated in the one district most significantly related to its traditional use. It should be noted • that the R-2 classification was not a conditional use, and the fact that no business is being currently carried on in it, due to the death of Mr. Talburt, does not change its R-2 designation or the right to use it for such purposes, unless, the HR designation which covers approximately 3 feet of the original house is taken into account. 4. The Planning Commission's refusal to set a precedent in this situation is misguided; this situation is unique, in that an existing house is divided into 2 zoning classifications. Making this change, which is eminently reasonable, would only set a precedent, if at all, for other houses which are divided into 2 zoning districts. The appellants know of no other lot in the district which has those characteristics. 5. The appellants have offered to remove from Lot 5, permanently, the house trailer, which is, and has long been on that lot. The removal of the house trailer, if would seem, would be of more benefit to the adjoining neighborhood than allowing the zoning to be adjusted to comply with the traditional use of the property in its entirety. I am sure there will be other reasons presented to the City Council • for it to consider in reversing the decision of the Planning Commission, and I will appreciate it if you will notify me when this matter can be placed on the City Council's agenda. . � V BLAIR & STROUD ATTORNEYS AT LAW A O. BOX 2135 • BATESVILLE, ARKANSAS 72503 Batesville City Council October 14, 2002 Page 3 Yours very truly, BLAIR & STROUD \ `-1-9. Robert D. Stroud RDS/jh cc: Mr. Eugene Talburt Mr. John R. Talburt CITY OF BATESVILLE A 500 East Main COUNCIL HISTORIC TREASURE BATESVILLE,ARKANSAS 72501 pANABONE Phone 870-698-2400 JIM CARGILL R.L.CARPENTER FAX 870-698-2406 ROBERT FORD AR S ts,SECON � T C GERALD GAITHER JIM MITCHUM JOE BIARD,MAYOR JERRY PECTOL DENISE JOHNSTON,CLERK JIM WATKINS SCOTT STALKER,ATTORNEY October 8, 2002 Blair& Stroud Attorneys g Law Attn: Mr. Robert Stroud 500 East-Main Street, Suitg 201 Batesville, Arkansas 72501 Re: Talburt Rezoning RNuest Dear Bob, Cr On behalf of the Batesville Planning Commission; I apologize for the tardiness of this written communication. Chair Fran Flener contacted the Commission from Kentucky advising us of your communication. In order to specifically reply with your request, as secretary, I have been charged to respond in Fran's absence. On September 09, 2002 the Batesville Planning Commission conducted a public hearing to consider the rezoning request for the Talburt property located at 1188 East Boswell Street. The rezoning request for lot O5, block 45 in the School Addition from Hr-1 t4 R-2 was considered before the commission and was denied by a vote of 4-1. The commission denied the request based in part on the following: 1. Neighboring property owners voiced concerns that a rezoning would have a negative impact on the largely single family neighborhood and the intent of the Hr-l district, the preservation of the single-family residences located in the District as it pertains to Boswell Street frontage. 2. The actual current use of the property is not commercial or multi-family asp was maintained but rather a single-family.residence. 3. The recommendation to rezone any lot presently designated as Hr-1 would set a precedent that would have the potential to erode the Hr-1 districts. Regardless of location or circumstance once a lot is removed from the Hr-1 District other lots from other HR-1 Districts certainly could be removed as well for any number of arguable "CITY OF HOSPITALITY" reasons, thus having the latent ability of causing irreparable damage to the protection the HR-1 Districts provide to the citizens who live there. It is also the opinion of the commission is that property adjacent to a different zoning classifications is not automatically entitled to be rezoned to a"higher use' because of it's location to those adjoining properties. If you are in need of any further information, please feel€recto contact me. Sincerely, Paul Fiance D.D.S. Secretary Batesville Planning Commission PWH/cmc Cc. Ms. Fran F"r Mayor Joe Biard ® Mr: Chard McChire Q Sot Iron Pin " pO H nPP 1p � . coeere Exiet inp carport, d So Iron Pin rye 0 Lot 5 .o set Iron Pin T SO Lot 4 i o ` . O Oi Eeietinp Iron Pin LEGAL DESCRIPTION • A tract of land being all of Lot 4 and all of Lot 5, in Block 45, School Addition to the City of Batesville, Independence County, Arkansas, subject to any and all easements. NOTE Measurments taken while performing this survey show that the nominal northwest corner of the original house extends approximaltely 2,8 feet onto Lot 4. LAND SURVEYING SERVICES, INC. T A L B E R T ESTATE Scale 165 EAST CHARLES STREET PROPERTY SURVEY 5o BATESVILLE, ARKANSAS 72501 O 5o Telephone (670) 793-2310 Fax 793-9558 Job No. 30-4207 Date 7-02-2002