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HomeMy WebLinkAbout1971-07-19 Minutes�\Qn Q'<>Veci 8-ck -,1l 42842 v \ MINUTES OF A BOARD OF ADJUSTMENT MEETING �� J The Fayetteville Board of Adjustment met at 3:30 P.M., Monday, July 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: L. C. Snow, Jim Tidwell, Harold Lieberenz, Don Offenbacker, Peg Anderson, Russell Purdy, Marion Orton, Heartsill Peeples. Chairman J. F. Robinson called the meeting to order. The first two items discussed were the variance requests filed by Donrey Outdoor Advertising and originally scheduled to be heard July 12, 1971. The hearing was postponed until an Injunction filed by Donrey against the City of Fayetteville was lifted. Jim Tidwell and L. C. Snow were present on behalf of Donrey Outdoor Advertising. On Tract 1, 2075 North College Avenue, they had reeuested a 25 ft. setback rather than a 50 ft. setback, they withdrew this portion of the request. They still requested a variance to permit a sign 12 ft. by 48 ft. in size with an area of 576 so. ft. They said buildings on the property would be farther out than the sign. D06REY OUTDOOR ADV-ERTISING CO. • Peg Anderson said she had a petition signed by all members of the Community Appearance Committee to present to the Board of Directors expressing deep concern for the sign ordinance and for control of billboards. Her theory was that this is a problem for the entire City, not just the immediately adjoining property owners. Mrs. Anderson asked how long Donrey has had a lease on this property. They stated they did not know. Miss Lighton asked when the lease became effective; they did not remember. Mrs. Anderson asked why a smaller, conforming sign could not be put up. Mr. Tidwell said the advertiser warts the larger painted bulletin. Mr. Clinton told Mrs. Anderson the current size for billboards is 12 ft. by 25 ft.; for painted bulletins it is 12 ft. by 48 ft. Mr. Purdy asked if the reason for requesting the variance was so Donrey could make more money. Mr. Tidwell said it was. Mr. Purdy s id that as a member of the Board of Directors he has received marry phone calls and that 75% are in favor of restricting signs. However, he told Mr. Palmer most of these people are not in business. Roy Clinton said he has had similar experiences. On Tract 2, in the 3800 block of North College Avenue on Duane Nelson's DONREY OUTDOOR property, Mr. Tidwell said the requested location is 60 ft. from the ADVERTISING CO. ROW of Highway 71, about 10 ft, from the access road which dead ends there. 3800 block They requested a variance for a horizontal dimension of 40 ft. rather than N. College 25 ft.; 420 sq. ft. in area rather than 300 sq. ft. Mr. Snow said the poster would be set back in the woods, visible only from the North, would not block Nelson's Funeral Home from the South, and would advertise for Joe DiMaggio Restaurant. Mrs. Orton asked Mr. Clinton whether he felt the size limitation • on off premise signs was one of the unreasonable aspects of the sign ordinance. He did not. The public hearing on Donrey's two applications was closed. 7-19-71 -2- (429-2 i The next item of business was the application for Heartsill Peeples, 518 North Olive Avenue. Mr. Peeples was present and stated he wanted to extend an existing garage which is 4 £t. from, roof overhang to property line on the South side rather than the 8 ft. required.. Ile needs to extend the garage in order to get a present day car inside the garage and close the door. There were no questions from the audience. The public hearing was closed. The next item of business was the application of d -sign, Inc. on behalf of Purvis Horton Sporting Goods. Don Offenbacker was present and stated they requested variances to erect a sign 30 ft. high rather than the height of the building, or 15 ft., and with an area of 96 sq. ft. rather than 75 sq. ft. The sign would be lined up with the existing Sight and Sound sign. Mrs. Anderson had a comment about granting a variance on a canopy structure to the North, then having a request for a higher and larger sign to be seen above the canopy, etc. Roy Clinton questioned whether they needed the extra area. The public hearing was closed. The Board of Adjustment returned to the items previously discussed. HEARTSILL PEEPLES 518 N. Olive Ave. d -sign, Inc. 2335 Id. College Suzanne Lighton moved to defer action on Tracts 1 and 2 filed by Donrey Outdoor Advertising until the Planning Commission and the Board of Directors reach some conclusion on the ordinance. She stated this may DONKEY OUTDOOR or may not affect these requests. The motion died for lack of a second. ADVERTISING CO. J. F. Palmer moved that the variance request for Tract 1 be approved. 2075 N. College This motion also died for lack of a second. Roy Clinton stated that he 3800 block of would either vote to defer action or vote to deny both requests because N. College in its study the Planning Commission had tried to keep the size of billboards (300 square feet) somewhat conforming. He did not agree these were unusual or extenuating circumstances. Miss Lighton again moved to defer action on Tracts 1 and 2 filed by Donrey Outdoor Advertising until the Planning Commission and the Board of Directors reach some conclusion on the ordinance. The motion to defer was made to avoid the expense of republishing in case a change in the ordinance to enable the Board to take action is made. Mr. Palmer seconded. The motion was approved unanimously and action was deferred. Suzanne Lighton moved to grant the variance request of Heartsill Peeples. HEARTSILL PEEP LE Roy Clinton seconded. It was approved unanimously. Roy Clinton moved to allow the request for variance in height filed by d -sign, Inc. on behalf of Purvis -Horton, but to require them to stay within the 75 square foot area restriction. Suzanne Lighton seconded, Roy Clinton, Suzanne Lighton and J. F. Robinson voted to approve the motion; J. F. Palmer opposed the motion; the motion carried, The meeting was adjourned at 4:50 P.M. 0 d -sign, Inc.