HomeMy WebLinkAbout1971-08-23 MinutesMINUTES OF A. BOARD OF ADJUSe=NT 1=11G
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The
Fayetteville
Board
of Adjustment met at
3:30 P.M.,
Monday, August 23, 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: Harold Lieberenz, Lynn Wade, Jim Tidwell, L. C. Snow,
Lucienne Simon, Marion Orton, Alice Bailey, Peg Anderson,
Mary Lillian Wilkes, Janet Richardson, rrs. Laird Archer,
Jean Kirchen, Helen Sohl, Lorainne Trager, C. B. 'Wiggin,
Chairman J. F. Robinson called the meeting to order.
'a. Robinson stated that the last item on the agenda, a request by d -sign, Inc. d-si n INC
for reconsideration on an application for variances, would not be taken up
at this meeting, as the applicant had requested a delay.
For consideration at this meeting was a letter from Dorney Outdoor Advertising
requesting a re -hearing of two variance requests deferred July 19, 1971,
Lynn Wade, Attorney, and Jim Tidwell with Donrey represented the applications.
The first application considered was for property located at 2075 Porth College
Avenue and was an application to vary setback,size, and area of sign. In
addition to the infcrmation previously submitted, Mr. Wade said this "paint DONKEY OUTDOOR.
bulletin" was for Channel 5 Television Station out of Fort Smith. He further ADIVERTISING
• stated his client could meet the setback requirement. The property is owned 2075 1:. Colle.0
by Harold Duggar and leased by Donrey. This was the size sign the client
specified.
Mrs. Peg Anderson pointed out that Channel 5 is a member of the Donrey media
group; therefore the request was from Donrey and for Donrey.
Mary Lillian Wilkes, 319 Holly, expressed resentment at people who want to
put up bigger signs than allowed.
Janet Richardson, Sycamore Street, saw no hardship to have to put up a
smaller sign, and felt the sign should conform to the ordinance.
Mrs. Marion Orton stated the purpose of the ordinance is to gradually have
all signs conform. As long as variances are given, then the intent of the
ordinance is defeated.
Roy Clinton expressed his personal opinions on the sign regulations. In
most cases the L-itent is good and makes sense. He pointed out some
discrepancies in the ordinance.
Mrs. Anderson said that on recent trips elsewhere she had been very aware
of the signs. She acknowledged a definite reed for identification and
directional signs; but said it has reached the point where they are getting
bigger and bigger and bigger and they have become so cluttered.
Lucienre Simon and Alice Bailey also had comments and questions.
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:r. Wade felt the 50 ft. setback was some justification for a larger sign.
•The next application considered xas for property located in the 3800 block DOr.'.REY OUTDOOR
of North College Avenue on the South portion of Duane Nelson's property and ADVERTISING
to vary setback, size, and area of sign. 3800 block of
Mr. Wade said this is also a paint bulletin and agreed to comply with the North College
50 ft, setback requirement. Joe DLMaggio Restaurant has agreed to lease
the sign for two years at $90.CO a month. The sign will be located
approximately 120 feet from the pavement of the highway.
Again, there were many questions and comments from the audience. Mrs. Laird
Archer said when signs get ccrcpetitive in size, she did not see any end to
it. Jean Yirchen said she appreciated the value of directional signs on
roadways, but had also had the experience where she was looking for something
and because of the number of signs just could not see it. Helen Sohl thought
a uniformity in size and heights of signs made them easier to read. She also
suggested one sign at each end of the By -Pass stating "for restaurants, etc.
follow the City route.' Hrs. Orton, Lorairuie Trager, Janet Richardson, and
C. B. Wiggins as well as Alice Bailey and Peg Anderson had questions and
comments.
J. F. Palmer suggested the Board of Directors consider including; in an
amendment to the ordinance a requirement of a bond to guarantee maintenance
and to guarantee removal of a sign when that person or ccmpany quits business.
He also suggested that some form of reasonable assessment or ta;c be paid
annually on signs.
• In answer to a question from Jiro Tidwell, ;r. Lieberenz said prior to
adoption of ordinance number 1747, paint bulletins had been accepted by
the City for at least 8 years. lie could remember two existing ones.
Br. Tidwell said this particular type of advertising is regulated by the cost.
Chairman J. F. Robinson closed the public hearing and stated that ever*one
could remain and listen, but that no more evidence would be heard,
Mr. Robinson remarked he had been or, the Board of Adjustiment 12 years and
during that time there had been only 5 law suits contesting the Board's action.
Suzanne Lighton said that while she could sympathize with Donrey, she must
move to deny the request for 2075 North College Avenue for i :creased area
and size because she did not see a hardship in limiting then to the permitted
size. Roy Clinton seconded.
J, F. Palmer said the motion was fine, but the Board needed to think seriously
about whether they were putting a business out of business. 'They could use
this property if they could sell the paint bulletin, Fie stated he is for
progress and this would add to the tax base without an increase in a tax rate,
The location is back in the trees out of the way. He questioned whether the
Board had the authority to grant a variance, but stated the State law requires
the Board to hear the appeal because it is in the zoning ordinance. He had
more sympathy with the applicant because they are paying taxer:,,
•Roy Clinton
stated he
was a business man receptive to the
plight of the
businessman,
riorking
within the £ra_::ework of the present
ordinance; however,
he could not
find the
hardship so much or the circumstances
so extenuating '
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• as to grant the variances. He could only vote to deny the requests.
After further discussion the vote was taken. Lighton, Clinton, and DONREY OUTDOOR ADV.
Robinson voted "Aye" to deny the variance requests, calmer voted "Nay". 2075 N. College
The application for 2075 North College was denied.
Suzanne Lighton moved to deny the request for the 3800 block of Horth DONREY OUTDOOR ADV.
College (Duane Nelson's property) because she did not see a hardship in 3800 block N of
limiting them to the permitted size. Roy Clinton seconded. The vote was College Ave.
taken. Lighten, Clinton, and Robinson voted "Aye" to deny the request;
Palmer voted "Nay." The variance request was denied.
The minutes of the August 9, 1971, Board of Adjustment meeting were approved
as mailed.
The meeting was adjourned at 4:45 P.Pi.
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