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HomeMy WebLinkAbout1971-12-06 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING i 447-2 - The Fayetteville Board of Adjustment met at 3:30 P.M., Monday, • December 6, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: J. F. Robinson, Suzanne Lighton, Roy Clinton. Members Absent: Carl Yates, J. F. Palmer. Others Present: Pete Young, Harold Lieberenz, Tom Holt, John Lineberger, Don Offenbacker, Wade Fincher, Rev. Allan E. Hilliard, Peg Anderson, Marion Orton, Russell Purdy, Lawrence Caves, Jr., Lynn Wade, Jim Tidwell, Joe & Virginia Morris, Chairman J. F. Robinson called the meeting to order and opened the meeting with Appeal No. 71-14, Tom Holt, 1622 North Garland Avenue, as this was the only matter before the Board which did not apply to signs and therefore might be less lengthy than the other applications. Present on behalf of the application were Tom Holt and John Lineberger, his attorney. They requested a variance in side setback of 3 ft. to permit Mr. Holt to enlarge his kitchen. There were no questions or objections from the audience. The public hearing was closed. Roy Clinton moved to grant the petitioner's request for a variance. Suzanne Lighton seconded. It was approved unanimously. The next matter considered by the Board was Appeal No. 71-11., D -Sign, • Inc. for Houston -Taylor Motors, Inc., 3372 North College Avenue. Don Offenbacker was present to represent the application. The request was for a variance in sign height and sign area. Mr. Offenbacker said the sign had been purchased some time ago without knowledge of the regulations and had taken some time to get here. Mr. Clinton and Miss Lighton both said they were willing to grant a variance on sign height, but questioned what the lower panel of the sign would contain and indicated they were hesitant to permit more than 75 square feet in area. Mr. Offenbacker left the meeting to contact the property owner on the lower panel of the sign. APPEAL NO. 71-14 TOM HOLT 1622 N. Garland APPEAL N0, 71-11 I D -SIGN, INC. 3372 N. College The Board proceeded to the next item, Appeal No. 71-12, Wiggins Memorial United Methodist Church, 205 West Sixth Street. Present on behalf of APPEAL NO. 71-12 the application were Wade Fincher and Rev. Allan E. Hilliard. They ;WIGGINS MEMORIAL requested a variance in area and setback location for a bulletin board. (UNITED METHODIST Marion Orton suggested the request be deferred until the sign regulations "CHURCH have been amended. Russell Purdy did not oppose the variance in size 205 W. Sixth of the bulletin board, but was concerned about the variance in setback. Peg,Anderson questioned whether the bulletin board might be :Located some- where else and comply with the setback. The public hearing was closed. Don Offenbacker had returned to the room with further information on Appeal No. 71-11. The lower panel copy reads "Houston Taylor Motors". APPEAL NO. 71-11 He admitted they already have a "Dodge" sign, but the only "Houston • Taylor Motors" sign is small plastic letters on the building which sits back about 100 ft. from the roadway. 12-6-71 -2- - 448-2 , Marion Orton suggested the proposed sign be exchanged for a smaller ones _�_ - J which would conform in size. Russell Purdy questioned what constituted the hardship and said he found it hard to believe people don't know about the sign regulations. The public hearing was closed. The next matter considered was Appeal No. 71-13, Knapp Neon & Plastic APPEAL NO. 71-13 Sign Company to request a variance for a sign to be erected for KNAPP NEON & Continental Oil Company in the 1500 block of Highway 62 West; and on PLASTIC SIGN CO. the south side of the street. A variance is requested in area and height 1500 block of of sign. Lawrence Caves, Jr. represented the application. He said he Hwy. 62 West felt the property owner would consider lowering the sign to at least 30 ft. They now have a smaller conforming sign, but feel they need a larger one. If the variance request were approved, they would remove the existing sign. Peg Anderson stated she did not approve of the increased size and she felt the companies must adjust. Marion Orton and Russell Purdy said they could not see the hardship. The public hearing was closed. The next matter considered was Appeal No. 71-15, Donrey Outdoor Advertising Company, for Highway 71 South between Skelton Street and Whillock Street and on the East side of the Highway. Lynn Wade and Jim Tidwell were APPEAL NO. 71-15 present to represent the application. They were requesting a variance DONKEY OUTDOOR in setback from ROW for two outdoor advertising signs. They said they ADVERTISING CO. could put the signs back 25 ft. from the ROW and not have visibility Highway 71 South problems. Their advertisers have told them they will not rent the signs if they are set back 50 ft. The signs must be moved now because • the State took additional ROW to widen Highway 71 and the signs are now on highway ROW. They stated their lease was dated July 25, 1966 for five years with an additional five year renewal option and the renewal was on a year-to-year basis thereafter. Marion Orton and Peg Anderson asked whether the lease has been filed with the City as required by ordinance. Mr. Robinson did not feel the Board was concerned with this question. A lengthy discussion followed with audience, applicants, and Board members participating. Lynn Wade said Donrey has been all the way to the Supreme Court on the condemnation suit to determine whether they are entitled to compensation as a lease holder. The court ruled in Donrey's favor, but the amount of the compensation has not been decided. This must be settled in Circuit Court. It was noted that if the Board of Adjustment grants the variance request, this would have an effect on the compensation due. Mr. Wade said their hardship would be if they are::nbt able to relocate the signs and continue to lease space out. Marion Orton requested this be considered from the viewpoint of the people'> of Fayetteville who have an ordinance to regulate off site signs. When one comes down for whatever reason, she felt it should be conforming when it goes back up. Russell Purdy said if they get compensation for what the courts think they have been damaged, then they have no hardship. The public hearing was closed. The Board again discussed Appeal No. 71-11, D -Sign, Inc.., Mr. Clinton APPEAL N0. 71-11 said he was willing to go with the height, but felt the Board ought to stick with the 75 square feet maximum size. Joe & Virginia Morris were 12-b-71 -3- 442-- - 3 were present and requested to be permitted to speak as owners of Houston Taylor Motors. Mr. Robinson consented to reopening the public hearing. They said they bought the sign 2 years ago, but it was missent. The sign is a condition of their franchise with Datsun. This is the middle sized sign accepted. They stated if the variance request is refused, they will appeal it. Roy Clinton stated he felt the Board should not vote on the variance request for a sign with only 3 people present as it requires the concurring vote of at least 3 members to effect any variance. He felt it would be a disadvantage to the applicant to vote at this meeting. Suzanne Lighton moved to defer Appeal No. 71-11, to set a new date when it could again be considered when 4 Board of Adjustment members could be present, and to reopen the public hearing at that time. Roy Clinton seconded. It was approved unanimously to defer action. Roy Clinton moved to defer action on Appeal No. 71-12 until 4 Board of APPEAL N0. 71-12 Adjustment members could be present and reopen the public hearing at that time. Suzanne Lighton seconded the motion which passed unanimously. Roy Clinton moved to defer action on Appeal No. 71-13 until 4 Board of APPEAL N0. 71-13 Adjustment members could be present and reopen the public hearing at that time. Suzanne Lighton seconded the motion which passed unanimously. Roy Clinton moved to defer action on Appeal No. 71-15 until 4 Board of _APPEAL N0. 71-15 Adjustment members could be present and reopen the public hearing at • that time. Suzanne Lighton seconded the motion which passed unanimously. The minutes of November 15, 1971, were approved as mailed. The meeting was adjourned at 5:10 P.M. 0