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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. 0 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. • LJ CI 12-13-71 -2- t 451=2 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