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HomeMy WebLinkAbout1970-11-09 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING "TPRoJ `�%.' �0-J.30 1970 395-2 The Fayetteville Board of Adjustment met at 10:00 A.M., Monday, November 9, 1970, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Carl Yates, Roy Clinton, Suzanne Lighton, J. F. Palmer. Members Absent: J. F. Robinson. Others Present: Jack Burns, G. V. Slack, Benny Winborn, Hugh Kincaid, Gene Garrett, Tom Pearson, Jr. In the absence of the Chairman, Carl Yates presided. The first item on the agenda was a public hearing on the application of Monsanto Company for a variance on the property on the West side of North College Avenue immediately North of the intersection of Green Acres Road and North College Avenue, G. V. Slack and Jack Burns represented the request. Mr. Slack MONSANTO COMPANY explained there is a "Red Bird" sign existing at the service station. North College Ave. They desire to change it to a "Lion" sign. The building is only 15 ft. high and they want to erect a 22 ft, high sign. The ordinance limits the height of a sign to the height of the building or 30 ft* whichever is lower. This is a standard 5' X 91sign. He also told them he has a rezoning application being processed for the station at College Avenue and Dickson Street and then will need a variance to change a sign there. Miss Lighton moved that the Board approve the request of Monsanto Company for a variance as requested. Mr. Palmer seconded. It was approved unanimously. No one was present to represent the second item on the agenda at this time, so the next item on the agenda was a public hearing on the application of Winwood Development Company for variances on property in Winwood Estates: Lot 1, Block 2; Lot 1, Block 6; WINWOOD DEVELOPMENT CO. Lots 1 and 11, Block 1. Benny Winborn represented the Winwood Estates application. He explained that the subdivision was platted and approved in May, 1969, and the Major Street Plan was adopted in July, 1970. Allowing for the street shown on the Major Street Plan and the required zoning setback would ruin the 4 North lots. Mr. Winborn asked for a variance to permit a setback of 25 ft. Roy Clinton explained the Major Street Plan and stated the Board did not have the authority to vary the 40 ft. Major Street Plan requirement, They could vary all the zoning requirement so he would be left with a 40 ft, setback. Gene Garrett and Hugh Kincaid, Attorney, were present. Mr. Garrett has bought a strip of land to the North. Mr. Winborn said that through adverse possession he could get title to 12 £t. between himself and Mr. Garrett due to a fence off the property line. Mr. Kincaid suggested the surveys be straightened out to ascertain how much land each had before any decision was made on this case. Both properties are affected by the Major Street Plan. It was asked that the matter be put on the next Planning Commission agenda 11-9-70 .2. 396-2 to request a determination of how relief from the Major Street Plan may be obtained. Mr. Kincaid and Mr. Garrett are to receive copies of any agendas related to this. The application of Winwood Development Company was tabled. The next item on the agenda was a public hearing on the application of C. T. Pearson, Jr. for a variance for property on the Southeast C. T. PEARSON, JR. corner of South School Avenue and Sixth Street, Mr. Pearson was S. School & Sixth St. present to represent the application. Mr. Pearson explained he is asking for a variance to build within 10 ft. of the East property line along Locust Avenue rather than 50 ft. required. Also, he is asking for a variance to build within 60 ft. of the North property line rather than the 70 ft. required by Major Street Plan and zoning. He felt this is the only way he could get adequate use of the property. A box drain has been constructed to go through the middle of the property North to South. He hoped to keep the building off this drain as he desired to drain the parking area through it. Openings have been left for this purpose. The City Engineer was consulted on the size of this drain. He did not wish to move the building to the West partly because it would place the parking on the East against residential property. He is preparing a petition to request the closing of a portion of Seventh Street and a alleyway. However, he has found that there is a sewer line in Seventh Street and will probably have to change the design of the building as he can't build over the sewer line. Mr. Lieberenz noted that he could separate the building and build all the way to the South property line. Mr. Pearson felt he would lose needed parking this way. He is also asking for a variance on parking spaces. He has 153 and needs 175. Carl Yates suggested the matter be delayed until the problems of street closings and sewer lines were solved. Mr. Lieberenz noted that the letter might be misleading on the case. It leaves the impression a 30 ft. variance is requested on the North side; only a 10 ft. variance is requested. Also, the plans allow for a 20 ft. deacceleration lane off the private property as an aid to the traffic problems on School Avenue, Mr. Pearson had requested a variance on the screening required along Locust Avenue. Mr. Yates suggested a 30 ft. setback off Locust Avenue with screening along the entire length and use this area for employee parking. Mr. Lieberenz said a larger area for unloading trucks should be provided on the East side. Also, the Planning Commission must approve a large-scale development plan. The request was tabled until Mr. Pearson can resolve some of the other problems. The minutes of October 19 and October 26, 1970 were approved as mailed. The meeting was adjourned at 11:20 A.M.