HomeMy WebLinkAbout1973-02-26 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
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The Fayetteville Board of Adjustment met at 3:45 P.M., Monday, Feb. 26, 1973,
in the Directors Room, City Administration Building, Fayetteville, Arkansas.
Members Present: Albert Witte, Connie Clack, James White
Members Absent: Suzanne Lighton, Carl Yates
Others Present: ;Ray White, David McWethy, Charles Vanlandingham, Gene Hamm,
Loris Stanton, Guy Berry.
In the absence of Chairman Carl Yates, James White presided over the meeting.
Mr. White opened the public hearing on Appeal 73-9, Charles Vanlandingham, APPEAL 73-9
for property located at 2648 N. College Ave., on an application to vary C.VANLANDINGHAM
setbacks. Charles Vanlandingham was present to represent the application. 2648 N.College
Also present as interested parties were Gene Har and Loris Stanton. Mr.
Vanlandingham stated that he proposed to build a "Sonic" drive-in on the
property if he could get the variance to put a canopy within 20 ft. of
the street R.O.W. He said his business is a fast-food service with a
limited menu with curb service.
James White asked Mr. Vanlandingham what makes the property unique. Mr.
Vanlandingham said the standard size for Sonic driveins is 24 parking stalls.
They have drawn this one with a 20 ft. setback and it is still one stall
short. The canopy is designed so the curb attendant&can stay under the
canopy. He said he proposes to buy the property which is presently owned
by Loris Stanton and Leo Peel. Connie Clack said that actually Mr. Van-
landingham could buildithe structure without a variance '.:and just stop
the canopy short. The Board also asked Mr. Vanlandingham what were tie
possibilities of purchasing more property to the east. He said the cost
would be prohibitive to try to buy any more property or to try to do any
more excavation. Albert Witte said the canopy is just a word. It looks
like part of the building to him, and he thinks the canopy portion setback
question is pertinent.
Gene Ham questioned whether the Board could table this request until the
other members of the Board could be present.
Al Witte said that he did not like using the Board of Adjustment to effect
the market value of land in the City of Fayetteville. He said this was
not the sort of hardship the Board usually considers.
Mr. Ham again requested the matter b2 tabled until the next meeting.
There was no one present to oppose the proposal and no otherzparties to
speak for the proposal. The public hearing portion was concluded.
Connie Clack said that it seemed to her if Mr. Vanlandingham is firm on
the type of building he wants, he needs to look for a lot where it could
be accommodated, rather than just depend on a variance. Mr. White Said
if the building and canopy size is set, then he should try to make arrange-
ments to purchase more property. Mrs. Clack suggested that he also try
rearranging the building. He has enough land, it just does not fit the.
plan. Mr. White had a question concerning the property. Loris Stanton
told/him that all that property in this area is from 140 to 170 ft. in
depth. Guy Berry, who owns the property along the North side and along
the east side of the property, said that he was in no way opposed to
the variance, but the only reservation he had is the matter of a require-
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Board of Adjustment
Feb. 26, 1973
-went when a variance is really defensible.
Mr. Witte said that he thought the comment Mr. Stanton had made about the
shallow lot put the finger on his objection to the variance. All of these
lots, or many of them, are relatively shallow. Nevertheless, the Board of
Directors has adopted this requirement for setbacks. The Board of Adjust-
ment takes one of these typical lots and grants a variance. It is the same
assaying we will grant a variance for all of them. This is the same as
amending the zoning ordinance. This is not a unique hardship. Mr. Witte
said he did not see how we could keep any other similar variance or business
out if we grant this variance.
Mrs. Clack said the area is sufficient for some use to be made of it. She
did not think the Board should pieta% this particular plan. It could be
adjusted some way.
James White said he thought one alternative Mr. Vanlandingham had not
pursued is checking on buying additional property.
Albert Witte moved to deny the appeal. Connie Clack seconded the motion,
which was approved unanimously.
Gene Ham said he had requested that the Board table the matter, and would
still prefer the matter to have been tabled. James White said he thought
to table/the matter or to bring it back before the Board would need some
modification of the plans first.
The minutes of the previous meeting were delayed until the next Board of
Adjustment meeting.
41111 The meeting was adjourned at 4:20 P.M.
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