HomeMy WebLinkAbout1971-12-13 Minutes�PP�°vab
MINUTES OF A BOARD OF ADJUSTMENT MEETING
450-2.
• The Fayetteville Board of Adjustment met at 3:30 P.M., Monday,
December 13, 1971, in the Directors Room, City Administration Building,
Fayetteville, Arkansas.
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Members Present: Carl Yates, Roy Clinton, J. F. Robinson, Suzanne
Lighton.
11
Members Absent: J. F. Palmer.
Others Present: Harold Lieberenz, Pete Young, Russell Purdy, F. H.
Martin, Virginia Morris, Don Offenbacker, Rev. Allan
Hilliard, Wade Fincher, Lynn Wade, Jim Tidwell, and
others.
Chairman J. F. Robinson called the meeting to order.
The first matter on the agenda was further consideration on Appeal
No. 71-11, D -Sign, Inc. for a variance to erect a sign for Houston- APPEAL NO. 71-11
Taylor Motors which exceeds both the height limitation and the maximum D -SIGN, INC.
area permitted. 3372 N. College
Virginia Morris, owner, and Don Offenbacker, with D -Sign, were present.
F. H. Martin, attorney, represented the application and gave as reasons
he felt the variance should be granted the fact that other businesses
in the same district and immediate vicinity had signs of comparative
size and the fact that the sign was ordered before passage of the ordinance.
Mrs. Morris stated the present "Datsun Service" sign would be removed.
Mr. Yates questioned the applicant about the Board granting the variance
for height, but maintaining the 75 sq. ft. area limitation.
Russell Purdy said he felt the only valid point the applicant had was
the fact that the sign was ordered prior to the adoption of the ordinance.
The public hearing was closed.
The next matter on the agenda was further consideration on Appeal No. 71-12,
Wiggins Memorial United Methodist Church, 205 West Sixth Street, continued
from December 6, 1971. Rev. Allan Hilliard and glade Fincher were present.
Carl Yates asked the two of them if there was any way to put the sign APPEAL NO. 71-12
in front of the Church and stay within the setbacks. A variance was WIGGINS MEMORIAL
requested in setback for bulletin boards and in area of sign permitted. UNITED METHODIST
Rev. Hilliard said they could set the sign 21 or 22 ft. from the ROW CHURCH
of Sixth Street. 205 W. Sixth St.
There were no further questions; the public hearing was closed.
There was no one present at this meeting to represent Appeal No. 71-13, APPEAL NO. 71-13
Knapp Neon & Plastic Sign Company, requesting a variance to erect KNAPP NEON &
a sign for Continental Oil Company on Highway 62 West which exceeds PLASTIC SIGN CO.
both the height and area limitations. 1500 block of
Highway 62 West
The next matter on the agenda was further consideration on Appeal No. 71-15,
Donrey Outdoor Advertising Company, for a variance in setbacks for two APPEAL NO. 71-15
outdoor advertising signs. Lynn Wade, attorney, and Jim Tidwell were DONKEY OUTDOOR
present to represent the application. They presented the same informationADV. CO.
given at the December 6 meeting regarding the date and duration of the Higt-y2:y 71 South
lease, the condemnation suit of the Arkansas Highway Department, and
the court ruling entitling them to just compensation.
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Mr. Wade stated the ruling on the compensation did not have a bearing
on the variance request. He felt any compensation given would only
cover the cost of the lease and not any profits from renting of
advertising space. He and Mr. Tidwell said the signs would not be
visible from 50 ft. back and gave as hardship factors the foliage of
trees, power service lines, etc.
The public hearing was closed.
The Board took the variance request for D -Sign, Appeal No. '71-11, APPEAL N0. 71-11
in two parts.
Roy Clinton moved to approve the 23 ft* height request by the applicant.
Carl Yates seconded. It was approved unanimously.
Suzanne Lighton moved that the Board grant the variance for height
on Appeal No. 71-11 because the motivating part was the fact that the
sign was ordered before the ordinance was passed.and delivery was
delayed through no fault of the people involved. The motion was
amended to include the condition that the existing Datsun Service
sign be removed. Carl Yates seconded. It was approved unanimously.
Suzanne Lighton moved to grant the request for variances in size and APPEAL N0. 71-12
setback of a bulletin board for Wiggins Memorial United Methodist
Church, Appeal No. 71-12, with the understanding that the setback will
be 21 or 22 ft. from the ROW. Roy Clinton seconded. It was approved
unanimously.
Roy Clinton moved that the application of Knapp Neon & Plastic Sign APPEAL N0, 71-13
Company, Appeal No. 71-13, be denied with the stipulation that if the
applicant wishes to come back to the Board with a request for a
variance in height only he may do so. Carl Yates seconded. The
motion was approved unanimously to deny the application.
Regarding Appeal No. 71-15, Donrey Outdoor Advertising Company,
J. F. Robinson said he felt this was a hardship case. Roy Clinton
agreed with him because in this particular case this was a hardship
not brought about by the applicant himself.
Carl Yates said he believed the whole situation was brought about
because of the highway widening. He felt that if the Board of
Adjustment denied the variance request, the applicant would use this
in their suit for compensation. He said he could not see the hardship
while the condemnation and compensation suit is still pending.
Roy Clinton moved that the Board approve a variance to permit a
setback of 25 ft. from RCW. Suzanne Lighton seconded. Clinton,
Robinson, and Lighton voted "Aye"; Yates voted "Nay" to approve
the variance request,
The minutes of December 6, 1971, Board of'Adjustment meeting were
approved as mailed.
The meeting was adjourned at 5:10 P.M.
APPEAL N0. 71-12