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HomeMy WebLinkAbout1972-06-05 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING 476-2 The Board of Adjustment of the City of Fayetteville, Arkansas, met at 3:30 P.M., Monday, June 5, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Suzanne Lighton, James H. White, Carl Yates, Connie Clack. Members Absent: Roy Clinton. Others Present: Russell Purdy, Clyde Sang, Lanny Winberry, A. D. McAllister, Pete Young, Joe Segers, Don Phillips, C. M. Smart, Jr., David Faught, Chairman Carl Yates called the meeting to order. The first matter considered was the public hearing on Appeal No. 72-16, Clyde Sang, for property West of the end of Stone Street, on an appeal to waive the requirement for street frontage. Mr. Sang was present. He stated he had been denied a building permit because his property does not have 70 ft, of street frontage. He has owned the property for quite a while and wishes to build himself a home there. He said there used to be a mail route through there at one time. He would have to grade it up and improve it for a driveway. The present Stone Street stops where the school has a bus barn, approximately 200 ft. from Mr. Sang's property. Mr. Yates noted that if Root Avenue is a legally platted street and Mr. Sang would dedicate a street across the South part of his property, there might be no problem. He asked Mr. Sang whether he had contacted Mr. Terry to the East and Mr. Vandergriff with the School system to see if they would be willing to also dedicate right of way. Mr. Sang said Mr. Terry would give him.: ' -4a private easement to cross his property, but that under the circumstances he did not think there was any way he could get Mr. Terry to dedicate a 200 ft. long strip. Mr. Sang said he himself didn't mind dedicating right of way, but he did not want to pay half for improving the street when they get ready to put it in. The public hearing was closed. The next matter considered was the public hearing on Appeal No. 72-17, Doctors Building Corporation, 241 West Spring Street, on an application for a variance on setbacks of building; and also for a variance on location of and screening of parking areas. Architect C. M. Smart, Jr., Attorney Joe Segers, and Don Phillips were present to represent the application. Both the building arid. parking are presently non -conforming with parking clear to the street level. They proposed an addition that would extend the present line of the building to the North and requested a variance in building setback to Locust Avenue for a setback of 28.78 feet. All other building setbacks would conform. They plan to remove the present parking on Locust Avenue and Spring Street and sod the area and relocate the parking to the West and rear of the building with controlled access points. They requested a variance to permit them to park to the property line on Spring Street and along the South property line, 16 ft, from Church Street and 8 ft. from Locust Street, and requested that the requirement for screening of the parking area be waived. APPEAL 72-16 CLYDE SANG - APPEAL N0, 727171 DOCTORS BUILDING 6-5-72 -2- 477-2 David Faught with the Housing Authority was present. The proposed project is within the Urban Renewal area. Carl Yates advised the applicant's that the Board of Directors has ruled that whenever there is not agreement with the City's zoning regulations and the Urban Renewal Project regulations, the most stringent regulations shall be observed. Mr. Faught stated his regulations require a 4 ft. planting area between the parking and the sidewalk. They also require that non- residential uses contiguous to residential uses shall be separated by a 12 ft. wide landscaped area or by a decorative architectural screen at least 6 ft. in height. Mr. Faught requested that the developer work out something on the internal drainage, so it will not come out into the street. Urban Renewal will do the construction work on the side- walk and curb. The public hearing was closed. The next matter considered was Appeal No. 72-14, Southland Corporation, Appeal 72-14 3010 North College Avenue on an application to vary setbacks tabled SOUTHLAND CORP. from May 15, 1972. Present to represent the application were A. D. 3010 N. College McAllister, Jr., Attorney for the Fidelity`,UAion Life Insurance Company which owns the property now, and Lanny Winberry representing the 7-11 Grocery Stores. Mr. Winberry said the 7-11 part of the building would have a canopy over the front of it; the lease area would not. Mr. Yates remarked that obviously they could meet the setbacks for the 7-11 Store if they left off the lease space. He asked why they did not go by the ordinance and why they requested a variance. Dir. McAllister said that the building cost for the 7-11 Store would be $30,000 plus $45,000 for the cost of the land. To get the invest- ment return on a $75,000 total cost, the rent would run $750 a month. This calculates out to $4.50 per square foot per year. With the additional least space, the rent would return $9255.a month and the cost per square foot per year would be $3.10. James White outlined a revision that would meet the full setback require- ments, but would have an odd shaped section of building on the North. Mr. Winberry said Southland Corporation would rather not break up the front of the building. Their lessees have indicated they would rather have a building with more depth. Mr. Winberry said that as long as they could keep this building pattern, Southland would accept whatever the Board of Adjustment requires. Mr. Yates noted that by starting the extreme southwest corner of the canopy at 46 ft. from Rolling Hills Drive, they would require a 44 ft. setback variance from College. Mr. Winberry thought this would be acceptable with Southland. The public hearing was closed. The Board returned to its discussion on Appeal 72-16, Clyde Sang. Miss Lighton felt he did not have a sufficient kind of street on Appeal 72-16 Stone Street. If he did dedicate this little piece of Stone Street CLYDE SANG that applies to his property, you still haven't got a street from the end of Stone Street on to him. James White said that if Mr. Sang will dedicate 30 ft. across the South side of his property and the school will dedicate 30 ft. across the North side of their property, he would have a street and would not need a street then; however the street would still not be improved, as ® required. Mrs. Clack felt there should be some provision for a street I for the protection of Mr. Sang. The possibility of requiring the dedication as mentioned by Mr. White was discussed and then waive the requirement for 6-5-72 -3- 478-2 an improved street. Chairman Yates asked Russell Purdy, a member of the Board of Directors, who was in the audience for his opinion. He felt Mr. Sang should be willing to give something for something, but questioned the definition of the word "improved." Miss Lighton said in her legal experience she had found it to mean thoroughly passible. James White moved to approve the request subject to Mr. Sang dedicating 30 ft. acrosstth_e South edgeeof 11 property and getting the school to dedicate 30 ft. off the North part of the school property for a future street. Connie Clack seconded. It was approved unanimously. Miss Lighton explained that it would be Mr. Sang's job to see the school and get them to give their share. Connie Clack requested that the Board act on each portion of the request Appeal 72-17 for the Doctors Building separately. DOCTORS BUILDING Connie Clack moved that the Board grant the variance request for a building setback of 27.7 ft. from Locust Avenue. James White seconded. It was approved unanimously. Mrs. Clack said she could not see why they did not use the other property they have purchased for the parking. James White moved to deny the request for a variance in parking setback from Spring Street and Locust Avenue. Miss Lighton seconded.Thewmotioriowasrpassed:_unanimously. James White moved to grant the request for a variance for a 16 ft. setback in parking from Church Avenue. Suzanne Lighton seconded. It was approved unanimously. Suzanne Lighton moved to grant the variance to permit the parking lot to be located 2 ft. from the South property line. James White seconded. It was approved unanimously. Connie Clack moved to require screening of parking commencing at Church Avenue on the South side of the property, then extended West to the first jog in the property line, then South to the extreme South property line; but to grant a variance for screening the parking along the extreme South property line and along Locust Avenue. James White seconded. The motion was approved unanimously. After some discussion on the appeal of Southland Corporation., Connie Appeal 72-14 Clack moved to emphatically deny the variance as requested with the SOUTHLAND CORP. understanding that the Board will hear them if they come in within 60 days with a new proposal without the necessity for readvertising. Suzanne Lighton seconded. The motion passed unanimously. The minutes of the May 22, 1972, Board of Adjustment meeting were approved as mailed. The meeting was adjourned at 5:30 P.M. 0