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HomeMy WebLinkAbout1972-06-26 MinutesMANTES OF A BOARD OF ADJUSTMENT MEETING 479-2 The Fayetteville Board of Adjustment met at 3:30 P.M., Monday, June 26, 19723 in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Carl Yates, James H. White, Suzanne Lighton. Members Absent: Roy Clinton, Connie Clack. Others Present: Lanny Winberry, Tommy Clowers, Fred Burban, Vernon Rodgers, David McWethy;,'Pete Young, Russell Purdy. Chairman Carl Yates called the meeting to order. The first item on the agenda was Appeal 72-14, Southland Corporation, 3010 North College Avenue, application to vary setbacks. The Board had denied the request on June 5, but included in its motion the right of the applicant to submit revised plans without the necessity for submitting a new application. Lanny Winberry was present to represent the application. Revised drawings had been submitted to request permission to build within 45 ft. of the street right-of- way of both College Avenue and Rolling Hills Drive. Mr. Winberry said that at the present time, they want to build the 7-11 Store, but request the right to build the rental building later on. Mr. Winberry said that since the last time he was before the Board, he has checked with the Arkansas Highway Department, City Street Department, and City Sanitation Department. Southland Corporation will be the owner of the building and the property. Mr. Yates asked whether the compressor slab would be enclosed and was told it would be. There were no questions from the audience. The public hearing was closed. The next item on the agenda was the public hearing on Appeal 72-18, Tommy G. Clowers, 112 East Prospect, application to vary setbacks. Mr. Clowers was present. The request was for a 20 ft. 9 in, setback to the building wall instead of a 55 ft. setback to the roof overhang. Mr. Clowers said he is establishing a photography studio in his home, and the only room he can presently use for a camera room is in the rear of the house which means he must bring people through his house to get to it. Mr. Yates asked Mr. Clowers if he had himself bac:-' measured the distance from the property line to the house; Mr. Clowers said he had. Mr. Yates said he believed it was only 33 ft, to the existing house, not 38 ft. 9 in^. Mr. Yates asked if the addition could be made to the rear of the house -with an improved parking area behind the house, Bobbie Jones, Planning'Administrator, said that the Planning Office had questioned whether the legal description APPEAL 72-14 SOUTHLAND CORP. 3010 N. College APPEAL 72-18 TOMMY G. CLOWERS 112 E. Prospect submitted was the right one for this piece of property. The applicant had checked the Abstract and also with the Court House and is satisfied. The City Attorney had said the Board can take action as presented, but if a problem arises in the future because of the legal description, it will be the applicant's responsibility. There were no questions from the audience. The public hearing was closed. The next item on the agenda was a public hearing on Appeal 72-19, APPEAL 72-19 Fred Be Burban, 324 West Dickson Street, application to vary size �FRED Be BURBAN ' and height of sign. Mr. Burban and Vernon Rodgers were present. The 324 W. Dickson variance is requested for a sign for a new Minute Man Restaurant. Mr. Burban said the building will be set back from the street behind 1• 0 0 6-26-72 -2- 480-2 other buildings. He said the sign would be easier to see if they could have the height and size requested. They have left the marquee off; the arrow would be 15 watt bulbs that would blink on and off. This is the standard sign for Minute Man. Mr. Yates asked if the emblem could be left off; Mr. Burban said he would prefer :not to do so. Mr. White asked if this is the only sign they have; Mr. Burban said he presumed3 they could have another one made if necessary. Mr. Yates said that on Dickson Street they would not be depending on through traffic as they would be on College Avenue. Mr. Rodgers said this is a standard size sign and if they varied from it, it would cost more to make it. He indicated they could stop the animation. He said they need the sign because of football visitors and traveling people such as salesmen. He said he would rather leave the arrow off entirely and retain the emblem which would result in approximately 116 square feet of sign. Mr. Yates asked if he would be willing to leave the arrow off. Mr. Rodgers said that from the company standpoint they could, but he would have to leave it to Mr. Burban to decide. Guy Pinkerton, adjoining property owner on the West, asked where the sign would be located. He thought it might come over.on his property. Mr. Rodgers said it would be located 10 ft. East of the Southwest corner of the property line. Mr. Pinkerton had no objection to the sign. The public hearing was closed. The Board returned to Appeal 72-14, Southland Corporation. Suzanne Lighton moved that the Board deny the petition; James White seconded; the application was unanimously denied. The Board members asked that the reason for denying the petition be stated as follows: "The building proposed for immediate construction can be constructed within the ordinance and without a variance. Although,the plot plan includes an additional proposed building to the North of this one, the construction is not planned immediately and therefore we have no assurance it will also be built." Mr. Yates said they just have not convinced him that a variance was necessary so that the property could be used. APPEAL 72-14 Next the Board discussed the Clowers Appeal 72-18 again. Mr. Yates said it appears to him that there is a difference in what is shown APPEAL 72-18 on the plat and what they actually have there in distance from property line. Any variance granted would have to be the maximum and should be subject to finding that Mr. Clowers does have that amount of footage. James White moved that the Board table this appeal until the amount of footage can be verified. Suzanne Lighton seconded. The motion passed unanimously to table the application. The Board discussed again the Fred Burban Appeal 72-19. Mr. Yates noted that with the arrow off the sign would be 116 sq. ft. as opposed APPEAL 72-19 to 75 sq. ft, permitted and 116 sq. ft. as opposed to 160 sq. ft. requested. Suzanne Lighton moved that the Board deny the area portion of the request and grant the height portion of the request to allow 30 ft, height. James White seconded. Mr. Yates asked if the Board wanted to table this request to give the people a chance to do some more thinking. Miss Lighton amended her motion to allow 60 days for the applicant to come back in with a changed version of the sign without the necessity for any fee or re -advertisement. Mr. White withdrew his second to the original motion and seconded the amended motion. The amended motion was approved unanimously. The minutes of the June 5 meeting were approved as mailed. The meeting was adjourned at 5:00 P.M.