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HomeMy WebLinkAbout1972-07-31 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING The Fayetteville Board of Adjustment met at 3:45 P.M., Monday, July 31, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: Carl Yates, Suzanne Lighton, Connie Clack, Members Absent: Roy Clinton, James White, Others Present: Tommy Clovers, Fred Burban, Vernon Rodgers, Evan Vohs, James A. Pennington, Helmut Wolfe, Eleanor Barnes, Russell Purdy, Pete Young, Don Phillips, Joe Segers, David Faught. Chairman Carl Yates called the meeting to order, The first matter considered was Appeal No. 72o,18, Tomnw Go Clovers, APPEAL 72-18 112 East Pr011pect on an application to varoy setbacks. The public TOMMY Go CLOWERS hearing had been held on June 26, 1972, but the matter wait tabled 112 E. Prospect in order that Mr. Clovers could verify the correct measurement betweew� the existing building and the street right-of-way line. Mr. Clovers was present, He stated he has measured again lind� the existing building is 30191, from the street right-of-way. He requested a variance to permit a setback of only 15'9". Mr. Yates'said he believed it would be best to add on to the back of the building, Mro Clovers this would be more expensive and would be a burden on him financially, Miss Lighton said that as she understood the powers and duties of the Board of Adjustment a financial problem was not grounds on which the Board was allowed to grant a variance. She said he was asking for a 39 ft@ variance on a fairly busy street. Mro Clovers said the building now occupied by Dr. Agee is only 12 ft. from the curb line, The public hearing was closed, as there were no comments from the audience, The next matter considered was Appeal No. 72-19, -Fredia& Burban, 324 West Dickson Street on an application to varey size and 'height of a sign. APPEAL 72-19 On June 26, 1972, the Board had granted the variance request for a FRED Be BURBAN sign 30 ft. high but had denied the variance request 160 sq. ft. in 324 We Dickso size��,'with the provision that the applicant could come in with a revision within 60 days. Mr. Burban and Vernon Rodgers were present on behalf,, of the application. They said they have decided to make the driveway� on Dickson Street entrance only. The only action on the sign would be the arrow which has gold 15 watt bulbs that blink in a tracing pattern. They felt they needed a larger sign because the buildings on either side r are completely out on the property line. The portion of the sign containing the figure of a man had been reduced with only the outline of the man - - remaining, Miss Lighton asked if the arrow could be left off. She also asked which they would rather do without, the outline of the man or the arrow. They did not wish to give up eithers but agreed they could cut the size of the arrow downs Russell Purdy reviewed the alteration discussed and found it agreeable. No public objections were raised. The public hearing was closed, The next matter for consideration was the public hearing on Appeal No. APPEAL 72-19 72-19� H nd Organ Studios, 2423 North College Averrue on an application HAMMOND to very height and location of sign. Evan Vohs, Manager, was present ORGAN STUDIOS on behalf of the applications The existing sign is located at a retaininJ42�Coll�ege 7-31-72 -2. which is 3 ft. North of the South property line and is also higher than the building. Mr. Vohs requested variances to permit him to change the iv sign face and move the sign back off the highway right-ofewway without lowering the sign and retaining the 3 ft. side setback rather than 10 ft. He said to locate the sign as required would put it in the middle of his driveway and he is already short on parking spaced, To lower the sign to the height of the building would hide it behind cars parked at the service station next door. There were no comments from the audience, The public hearing was closed, The next matter for consideration was the public hearing on Appeal No. APPEAL 72�20 72-20, Bogddy Aries, 205-207 West Skyline Drive on an application to BOGDDY ARIES vary setbacks. James Ao Pennington, Contractor, was present on behalf 205 W.Skyline of the application, He stated the property owner feels she needs a larger building in order to get,a retirm on her money, and requested a variance to permit '8id6dset1Abkei of 5 fte He said they could meet the requirement for a 30 ft. front setback. I Mr. Helmut Wolfe, adjoining property owner was present and stated he had no objection to a duplex if the cost ran around $30,000, adequate parking was provided, and the existing building on the property would be removed. Mr. Pennington said the plans include two 2 -car garages and that he thought the existing building would have to be removed. Mrs. Clack asked why the plan could not be altered to shrink the building enough to meet the setbacks. Mr. Yates informed the applicant's representative he had received a letter from G. C. Faucette expressing concern that the build6r, might have difficulty actually locating the side property lines. Mr. Yates said that if the Board grants a variance to permit the building within r, 5 ft. of the property line, then it is the responsibility of the property owner to locate the property line and to see that he is 5 ft. from the property line. Eleanor Barnes and Russell Purdy both said they had no objection to the duplex or the variances provided the existing building is removed and adequate parking is provided. There were no further comments from the audience, The public hearing was closed, Chairman Yates introduced a letter from Roy Clinton, Chairman of the Planning Commission, requesting the Board to re -open and give further APPEAL 72-17 consideration to the appeal of Doctors Building Corporation, Appeal DOCTORS BUILDIM No. 72-17, 241 West Spring Street. The Board had denied requests to 241 West Spring vary the setback of parking from Locust Street and from Spring Street on June 5. 1972. Attorney Joe Segers and Administrator Don Phillips were present on behalf of the applicant. David Faught with the Housing Authority was also present. Mr. Yates said he had understood from the previous meeting that the Doctors Building did own a lot immediately South of this property that could be developed for parking, Mr. Segers said they do have a lot there, but it would cost a great deal of money to level it and,develop it for parking at this time, He offered to close off one proposed driveway onto Spring Street. Mr. Faught said since the Board met on this last, the Urban Renewal program has Ehifted its emphasis to.the North side of Spring Street. He said the TOPICS program proposed to make Church one way South and Locust one way North, Mr. Segers said the variance is needed so they can save some trees, Miss Lighton asked if they could not use the other lot without paving it. Bobbie Jones said the regulations call for it to be 11sealed". Mr. Yates asked if the variance were to be granted and Urban Renewal. was to change its plans and move the street to the South of the right�of-way, would the applicant be willing to change its plans without cost to the City, 7-31-72 �3- They indicated they would be. Mr. Phillips said they were willing to do without the one parking space a variance on,locufftStreet. would grant them, The public hearing was closed, After a short recess the Board took action on the applications in the order in which they had been presented, Mrs. Clack said she had all the sympathy in the world for Tommy G. Clowers, Appeal 72�18, but she felt the lot was inadequate for what he wanted to do. She thought a 39 ft. variance was too much. Miss Lighton expressed similar views. Mr. Yates said personally he felt he could expand to the rear, but he felt that would also require a variance because the building is already non�conforming. Suzanne APPEAL 72-18 Clowers Lig on moved that the Board deny e application. Connie Clack seconded. The motion to deny passed unanimously, After a discussion on the application of Fred B. Burban, Appeal No. 72-19, Miss Lighton moved that the Board grant the request for a variance as shown on the most recent drawing presented with the condition that the arrow as shown on the right hand side of the sign illustration be eliminated and that the width of the arrow on the bottom of the sign be no more than 6 inches. This would provide for a sign of approximately 99 square feet. Connie Clack seconded. The motion passed unanimously, APPEAL 72-19 Burban � I After a discussion, Connie Clack moved that the Board allaw the variances APPEAL 72�19 requested by Hammond Organ Studios, Appeal No. 72�19, Suzanne Lighton Hammond Organ seconded. The motion passed unanimously. The application of Bogddy Aries, Appeal No. 72-20, was discussed. Connie Clack said she could see no reason why they could not cut the size of the building back. Mr. Yates said that if they do they might wind up with something much less desirable. Mrs, Clack said that id view of the question about how to locate property boundaries up there it seems it would be wiser hot to grant the variance. Mr. Yates again said the property owner is responsible for locating the property lines, Suzanne Lighton moved to grant the variance request for side setbacks of 5 ft. provided the old building on the property is completely removed, Mr. Yates seconded the motion. Mr. Yates and Miss Lighton voted to approve the variance,* Mrs. Clack voted against the motion. After further discussion Mrs. Clack requested another vote on the same motion. This time the motion was approved unanimously, Mr. Yates said that with the land the Doctors Building Corporation, Appeal No. 72-17, owns, he could not see granting them all the variance they requested. Miss Lighton said they could develop the other property for parking even though it would cost them more money, The Board discussed whether to allow a lesser variance than requested and gave further study to the plan, Miss Lighton commented that with the previous action taken on the Clowers' application it would seem very unfair to approve this. Miss Lighton made a motion that the two specific variances under consideration at this time be denied, Connie Clack seconded the motion and it was approved unanimously with the Board's apologies to Roy Clinton and the Planning Commission. The minutes of June 26 1972 Meeting were approved as mailed. The meeting was adjourned at 6:10 EMe APPEAL 72-20 Aries I APPEAL 72-17 Doctors-Bldx.