SILOAM SPRINGS — Siloam Springs Board of Adjustment will allow John Brown University students to live in two homes on Holly Place for the remainder of the school year.

Homeowners Arnold and Kathy Mayer and Charles and Carol Hesselink can have the students live in their homes until May 22. The homes are at 1502 and 1504 Holly Place, near the south side of campus.

The Board of Adjustment denied the homeowners’ appeal to allow the students to live at the home, but will not enforce the code until May 22.

The homeowners had asked the Board of Directors to change the code regarding the number of unrelated people who could live together. City directorstook no action on the issue Oct. 6 and sent it on to the Board of Adjustment.

Both the Mayers and the Hesselinks’ daughter, Laura Hesselink, still hope directors evaluate the code again.

Laura Hesselink, who lives at 1502 Holly Place, said she knows several people who attend her church who have adopted children. She questioned how the city could limit the number of adopted children a family could have.

The code in question regarded how family was defined.

Staff have interpreted it to be that only family members related by blood or marriage plus four unrelated people could live in a home legally.

Including the Mayers, 10 people live in the home at 1504 Holly Place. Six are JBU students. Two includethe spouse and child of one of the students. All are unrelatedto the property owners.

Six people live in the Hesselinks’ home at 1502 Holly Place. Five are JBU students and are unrelated to the property owner.

The issue came before thecity board after the homeowners appealed a staff decision denying them from allowing the students to live in the homes.

Neighbors along Holly Place had complained aboutthe number of students living at the homes.

No other resident has appealed to the city board for the same issue, City Administrator David Cameron said.

The Board of Adjustmenthas the power to approve exemptions and variances from city code on a case-by-case basis, he said.

“However, their decisions don’t grant permission to disregard legal requirements, oreffect the city’s enforcement powers, as to any other person or instance than the one considered,” Cameron said.

Appeals from the Board of Adjustment would go to the Circuit Court.

News, Pages 1 on 11/01/2009

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