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MINUTES OF A BOARD OF ADJUSTMENT MEETING
The Fayetteville Board of Adjustment met at 3:30 P.M., Monday,
February 28, 1972, in the Directors Room, City Administration
Building, Fayetteville, Arkansas,
Members Present: Connie Clack, Carl Yates, Suzanne Lighton, J. F.
Robinson, Roy Clinton.
Members Absent: None.
Others Present: Jack Emehiser, Pete Young, Russell Pure, Glen Wing,
Cy Carney, Cy Carney, Jr., Benny Winborn, Walter Niblock,
Ty Reed, Lloyd Hobbs, E. J. Ball.
Chairman J. F. Robinson called the meeting to order.
The first item of business was a public hearing on Appeal No. 72-5,
Appeal 72-5
General Growth Properties, 4201 Highway 71 North, on an application
GENERAL GROWTH
for a variance on the size of a sign. The public hearing had been
PROPERTIES
postponed from February 14, 1972.
4201 N. College
Jack Emehiser, Property Manager for General Growth Properties, was
present to represent the application. Mr. Emehiser did not feel the
size of the sign was out of line for the overall development. He
stated this would be the only free-standing sign for the project as
a whole. Changed to: . . only free-standing sign Githin the entire project. It 3-6-72
Mr. Clinton noted that the present regulations do not contain a clause
for a group identification sign; but one is contained in the proposed
sign regulations.
Mr. Yates asked Mr. Emehiser if he would consider locating the sign 50
ft. back of the ROW for the service road instead of 20 ft. Mr'. Emehiser
said it could be done, but there might be some problems involved.
There were no objections from the audience.
The public hearing was closed.
The next item of business was a public hearing on Appeal No. 72-6,
Sunrise Manor, Inc., 1001 Rochier, Fayetteville, on an application for Appeal 72-6
a variance on setbacks. SUNRISE MANOR, INC
Glen Wing represented the application. Cy Carney and Cy Carney, Jr., 1001 Rochier
were also present, but did not speak. Mr. Wing presented a plot plan
and said the entire North wall of the addition was proposed to be 10
ft. from the ROW for Rochier Street. He said the street could not be
extended to the East at this point due to a very large bluff. The
applicant plans to finish a driveway around the East side of the addition.
There were no objections from the audience.
The public hearing was closed.
The next item on the,agenda was a public hearing on Appeal No. 72-7, Appeal 72-7
S & H, Inc., 2402 North College Avenue (Holiday Inn), on an application S & H, INC.
to vary setbacks. Ty Reed, Lloyd Hobbs, and E. J. Ball were present (Holiday Inn)
to represent the application and stated the addition would be to provide 2402 N. College
additional eating space, meeting space, and convention space. The corner
of the addition would be 45 ft. from the present ROW of Township Road.
The Major Street Plan requires Township to be 80 ft. wide, so the total
required setback is 70 ft.
Harold Lieberenz asked if the applicant still desired to build the
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2-28-72
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6 ft. by 18 ft. storage area shown on the earlier plans submitted to
the Building Inspector. This would be closer to the street and is not
shown on the present drawing. The public notice is worded so the Board
can consider this also. The applicants indicated they did still want
this.
There were no objections from the audience.
The public hearing was closed.
The next item on the agenda was a request ofWinwood Development Company
that the Board of Adjustment take action on their appeal for a. variance
for setback for lots in Winwood Estates, tabled from November 9, 1970.
Benny Winborn and Walter Niblock, Attorney, were present. Mr. Winborn
said he was interested in securing a variance to permit only a 15 ft.
setback on the North side of Lots 1 and 11, Block 1, and Lot 1, Block 6.
Since the subdivision was filed the Major Street Plan was adopted and
shows a major street across the North of this property. Mr. Winborn
said he had agreed to deed to the City the 12 feet of land from the
North end of this subdivision to the fence which he claims by adverse
possession. The Winwood Baptist Church gave 50 ft.
Roy Clinton questioned whether the 50 feet the Church dedicated included
the 10 feet Mr. Winborn is talking about and said a survey is all that
can answer that.
Harold Lieberenz gave some explanation of the history of the problem.
WINWOOD
DEVELOPMENT CO.
Roy Clinton moved that the Board of Adjustment grant a variance for a
setback of 15 feet from the North line of the platted Lots 1 and 11, WINWOOD DEVELOPMENT
Block 1 and Lot 1, Block 6, Winwood Estates. Connie Clack seconded.
The variance was approved unanimously.
Suzanne Lighton moved to approve the request for a variance to permit
a setback of 10 ft. from the ROW of Rochier Street as requested by
Sunrise Manor, Inc.. Carl Yates seconded. The variance was approved
unanimously.
Appeal 72-6 I
SUNRISE MANOR, INC.
Suzanne Lighton moved to grant the request for a variance filed by
S & H, Inc. and to include the storage shed as shown on plans originally
submitted. Carl Yates seconded. The variance was approved unanimously.
Appeal 72-7 I
S & H, Inc.
Roy Clinton moved the variance be approved on the sign request as Appeal 72-5
submitted by General Growth Properties in light of the proposed sign GENERAL GROWTH
regulations with the stipulation that the sign be set back a distance PROPERTIES
of 50 ft, from the ROW of the service road. Suzanne Lighton seconded.
The variance was approved unanimously.
Mr. Clinton said he preferred to still delay action on the applications
for signs by B & M Signs (Ramada Inn) and Humble Oil (Esso). .This was
done.
The Board of Adjustment discussed the Mayo'r's letter suggesting meetings TIME OF
be held at night. Clinton, Yates, and Clack indicated this would conflict MEETINGS
with their other activities.
Chairman Robinson requested some corrections in the minutes for Feburary 7.
On Page 1, 5 lines up from the bottom of the page, the wording should DUANE NELSON
16 be, "This would increase the tax base. It On Page 3, paragraph 4,_ _ Appeal 71-17
Chairman Robinson asked that the minutes show `thati he voted with Roy ;
2-28-72 -3- 462=2�s
Clinton on the Duane Nelson application and submitted a written statement
to insert in the minutes stating the reasons he and Mr. Clinton had voted
as they did. He and Mr. Clinton both indicated they were in agreement
on this statement. The minutes will be considered for approval after
the corrections have been made.
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