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HomeMy WebLinkAbout1971-04-19 Minutes• • G��,rorr 4� MINUTES OF A BOARD OF ADJUSTl✓iENT MEETING 414- •z The Fayetteville Board of Adjustment met at 3:30 P.M., Monday, April 19, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas Members Present: J. F. Robinson, J. F. Palmer, Suzanne Lighton, Roy Clinton. Members Absent: Carl Yates. Others Present: Tommy Henderson, Paul Vaughn, Howell Trimabo, Jack Burge, Mr. Crittenden, Harold Lieberenz, The Board of Adjustment heard Tommy Henderson on his request for action on the variance request filed by D -Sign, Inc. for a variance to permit installation of a ground sign higher than the building on the property (Taco Hut). Mr. Lieberenz reviewed the last meeting at which the applicant had been before the Board. He also showed a photograph he had taken of the building with only small lettering on the fascia board. It was explained that there had been a sign on the roof of the building, but it had to be removed due to roof problems. The sign is tall and would prove a traffic hazard if it was erected within the terms of the ordinance. Roy Clinton asked if this was a franchise type operation, which had a sign of this design. Mr. Henderson said it was. The Board thanked Mr. Henderson for coming. The next matter before the Board was the application for a variance filed by Paul Vaughn for the property on the Northeast cornea of Sycamore & College Avenue, Mr. Vaughn and Jack Burge were present to represent the application. Mr. Vaughn proposes to remove the existing car wash except for the North wall and the existing Taco Hut and build a 2 unit commercial building 60 ft. by 80 ft, on the property. Mr. Vaughn said one half of the building would be occupied by an electronic franchise store and the other half by a fabric shop. Sycamore & College) D -SIGN, INC. Mr. Burge explained how the property drains through a ditch and culvert then to the South and East. Mr. Crittenden, who has the property to the North leased, explained that there is a spring under the pavement in front of the Taco Hut which used to break through until it was concreted and now breaks through to the North on his property. Mr. Vaughn said he wishes to purchase the property, but if Ike must abide by the zoning setbacks, he could only build a 38 ft. building which would not be economically feasible. His family would operate both businesses with a total employee count of 4 or 5 people, including he and his wife. His total investment in the building cost would be $30,000 to $38,000. Roy Clinton stated he wished to study the 50 ft. requirement; for side street setback on commercial properties. PAUL VAUGHN 0 0 4-19-71 -2- 415 22 1 Harold Lieberenz brought up the subject of curb cuts. This was discussed at length. The on'dinance requires the cut to be 50 ft. from the inter- section line. Mr. Burge said since the Arkansas Highway Department would restrict him to a 40 ft. drive entrance anyway, this would not impose any hardship. They do not plan to alter the drives on Sycamore Street, Mr. Vaughn said that if the variance is denied he would pursue the possibility of remodeling the existing car wash building into an "L• shaped building, keeping 50 ft. off College. The existing building is only 11.05 ft, from the property line on Sycamore. Mr. Vaughn proposes to erect the new building 25.05 ft. from the property line on Sycamore Street with all other setbacks being as required. The public hearing was closed. The Board returned to the request by Tommy Henderson to act on the variance appeal filed by D -Sign, Inc. The Board discussed its reason for deferral previously which was so that it might have some knowledge of what the Planning Commission intends to recommend on amending the sign regulations. The members did feel that Mr. Henderson was under a hardship by not having a sign.. --Mr. Palmer moved to deny the request for action prior to the original 45 -day deferral time. Roy Clinton seconded the motion. It was approved unanimously. Roy Clinton moved to approve the request for a variance filed by Paul Vaughn. As a basis for his motion, he stated that he felt this variance was justified by the removal of the Taco Hut (a non -conforming building) and the reduction of the non -conformity of the other structure. He felt this was much better than leaving the Taco Hut and remodeling the car wash into an "L" shapld building. Forrest Palmer seconded the motion. Miss Lighton commented that she thought one factor entering into the granting of a variance has to be the overall good of the community. Mr. Clinton's motion was approved unanimously. The minutes of the March 29, 1971 Board of Adjustment meeting were approved as mailed. The meeting was adjourned at 4:25 P.M. D -SIGN, INC.I PAUL VAUGHN