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HomeMy WebLinkAbout1973-07-23 Minutes• • • MINUTES OF A BOARD OF ADJUSTMENT MEETING The Fayetteville Board of Adjustment met at 3:30 P.M., Monday, July 23, 1973 in the Director's Room, City Administration Building, Fayetteville, Arkansas. Members Present* Carl Yates Connie Clack James White Al Witte Members Absent: Susanne Lighton Others Present: Bobbie Jones Loris Stanton Richard Hipp Mrs. Wyatt Ervin Wimberly Tom Lamb James A. Pennington Thomas Rodgers Esther Keller Chairman Carl Yates called the meeting to order. Chairman Yates opened the public hearing on Appeal No. 73-19, J. W. Eoff, JM ARK. BANK on the southeast corner of College Avenue and Millsap Road on an application temporary to vary setbacks. Loris Stanton was present to represent the application. structure Mr. Stanton stated the variance requested is for the purpose of locating a temporary structure to be placed on this property for a period of 18 Millsap-& College months or so. The structure would be a temporary location for the North- west Arkansas Bank whose property is directly across the street.from this property on Millsap Road. Mr. Stanton said it was not feasible to place the temporary structure on the bank's property on the north side of Millsap during construction. This would also require a variance. Their reason for requesting to place the temporary building on the south corner is that it would put the building in a close proximity to the permanent location of the bank. Millsap Road actually goes about 2 blocks and dead ends at a cemetery. Mr. Stanton said that the street does not carry much traffic. The street will be widened and re -done up about 600 ft. and the new width of the street will be 31 ft. There are about 4 residences on Millsap Rd. now. In the future it is hoped that there will be some development in that area and that Millsap can be tied back to Stubblefield Road to the east, so that this street could be used by other businesses in that area. Mr. Stanton said that the temporary structure would probably be a double - wide trailer or something similar to that. It would be moved as soon as the bank building is finished. There are no available buildingsfor rent in that area, and no temporary locations they have been able to find thus far to be north of Township Road and which could be utilized for that purpose. The bank's charter specified that the location has to be north of Township Road. Another reason why the building could not be located on the bank's property is that there is an immense excavation to be done in addition to the lack of room. Chairman Yates asked if it would possible to locate the temporary structure south of the existing building. Mr. Stanton agreed that it might be possible but he had thought it best to locate it north of the existing building because of the traffic and the hill. The exit or entrance into the property would be off Millsap Road. He said because of the traffic coming over the hill from the south it would be hard to get out onto Highway 71 or College Avenue south of Millsap Road. Al Witteasked why they could not use the existing building. Mr. Stanton said that Mr. Bob Eoff is operating his business there and does not want to lease one of his buildings. All existing buildings are being used. Mr. Stanton said that he would much prefer to use an existing building. 429 Minutes of a Board of Adjustment Meeting Page 2 James White asked how much traffic is on the access road to the gas company. Mr. Stanton said that there is very little traffic there now. He thinks there will be more later when the road is finished and the other gas company property is developed. Mr. White asked if the bank proposes to have any drive-in facilities. Mr. Stanton said that there would be one drive-in window on the south side of the temporary building between the existing building and the temporary building. Chairman Yates asked if they anticipate any variance requirements on the new permanent structure for the bank. Mr. Stanton said that they do not. Mr. Stanton said that there were other considerations in wishing to locate the temporary structure on the north side of the existing building. The water and sewer lines go up Millsap Road and there would be addtional cost to extending these to the south side of the existing buildings. Chairman Yates invited comments from the audience. Attorney Richard Hipp was present to represent Millie Millsap and Mr. and Mrs. Wyatt. He passed out copies of their complaint regarding this proposed variance request. Mr. Hipp read the items listed in their complaint. He said if you locate a trailer of that length there it would come close to the right of way of Millsap Road. Chairman Yates told him and other members of the audience that the variance, if granted, would be to build within 15 ft. of the right of way. If the structure were to be located closer than 15 ft, to the right of way after the variance was granted, then it would be in violation. It is the property owners responsibility to locate the right of way. Mr. Stanton said that the proposed structure would be 15 ft. from the right of way if approved, and would be 19 ft. from the curb line after the new street is built and widened. Mrs. Wyatt, an adjoining property owner, stated that the people going to the gas company do not stop for the stop signs on the service road. People trading at the businesses there back out into the street, and there are mail trucks and delivery trucks delivering there all the time. She said that she had almost been hit trying to get off Highway 71 a number of times. Mr. Hipp said that he believed the best interest would be served in locating the building on the south side of the existing buildings rather in squeezing it between Millsap Road and the existing buildings. Mr. White asked if all the people who signed the petition are residences of the area. Mrs. Wyatt said that they are. Mr. Stanton said that he realized the traffic situation is terrible, but that it is the fault of the Arkansas Highway Commission. Mr. Flowers anticipates this construction will be finished before the anticipated opening date of'the bank. There will be 5 lanes there with a left -turn lane. Also the widening and redoing of Millsap Road will make ingress and egress easier. This widening will be finished by the time the temporary facility goes into operation. Chairman Yates asked if the frontage road the gas company is building has been opened so that people can go north on it. Mr. Stanton says that this frontage road has been opened all the way to Stearns Road. Chairman Yates asked Mr. Wyatt if the fact that Millsap Road will be widened and improved before the temporary building goes in place would change her thinking. She said it would not. Kids go up there and park and race on the street. Chairman Yates read a letter from City Engineer, Mr. Paul Mattke. Mr. Stanton said he believed that this temporary building would be about 75 ft. from the rightof way of Highway 71, which is considerably back from the corner. Mr. Eoff will not let the building stay there permanently. Chairman Yates asked how the temporary building will be located in relation to the frontage road the gas company has built, Mr. Stanton said that he thought that it would be about 25 ft. east of the frontage road. Ervin Wimberly said that the improvement of Millsap with a curb and gutter would help some on regulating the flow of traffic, at the present time, they can cut across anywhere. 30 Minutes of a Board of Adjustment Meeting Page 3 7-23-73 There were no further questions. The public hearing was concluded. Chairman Yates opened the public hearing on Appeal No. 73-20, E. R. E. and Ruby Jean Keown, Eagle Street, on an application to vary setbacks, lot width, lot area requirements, and off-street parking requirements. James A. Pennington was present to represent the application. Tom Lamb, whose wife ownes the property adjoining this was present on his wife's behalf. He asked if the Keown's are permitted to build that close to their property, will it cause a reduction and what could be built on the Lamb property. Chairman Yates told Mr. Iamb that it would not reduce what could be built on the Lamb property but that he could not assure Mr. Lamb that Mrs. Lamb could get a similar variance. Mr. Pennington said that the Keown's want to build one duplex now and in the future put another one on. They plan to tear the old house out. Chairman Yates asked why they could not tear the old house out first and then build the buildings. There was no one else present to either represent or oppose the application. By common agreement, the Board tabled the application, with a request that the Keown's work with their plot plan to see if they could not come closer to meeting the regulations and to consider tearing down the existing house before starting construction. R. AND RUBY JEAN KEOWN Eagle Street Chairman Yates opened the public hearing on Appeal No. 73-21, Thomas H. Rodgers for the Scottish Inn, 3000 North College, on an application to vary setbacks. The application was represented by Mr. Thomas H. Rodgers and Ervin Wimb of McClelland Engineers. Mr. Rodgers requested a 44 ft. setback on a canopy from the right of way of Highway 71 North rather than a 50 ft. setback. He said that the pad the canopy is to go on has already been constructed and the building which it will be attached to has already been constructed. Mr. Wimberly said that McClelland Engineers had made a mistake in laying out the location of the building for them. Chairman Yates said that he noticed the canopy was 29 ft. long and asked how much was needed and whether it could be shortened. Mr. Rodgers said that there is flower box in the middle leaving only 132 ft. for driving lanes and a post between the driving lanes. Mr. Wimberly said that this is a prefabricated unit and the sections for the canopy have already been made up and are on the site. Allowance for the variance would not change the driving pattern, the parking pattern, or anything else. Chairman Yates asked if there would be any parking between there and the highway, and he was told that this would all be driveway. James White asked if they could not get by with only one lane covered by a canopy, and also the width of the sections of the canopy. The individual sections are in 12 ft. widths, and Mr. Wimberly said that the widthis needed and desired for the drive through area. There would be a problem in cutting it back because it is prefabricated and would have to be shipped back. Chairman Yates asked what their next step would be if the variance were to be denied. Mr. Rodgers said that they would call Chattanooga, Tennessee to tell them that they had been turned down on the variance and ask them for further instructions. Mr. Yates said that he felt the need for more information. He suggested that they go back and do more homework even though this is set up for a prefabricated canopy, it is not out of the question that they build one for this size. Mr. Yates said that he was not convinced that they could not get by with one car lane covered. He also suggested that they consider a cantilever type canopy to eliminate the posts. He said also that he not convinced that they have to use what they have on the ground out there and asked what their alternatives were. He said if the Board delays THOMAS H. RODGERS FOR THE SCOTTISH INN erly 3000 North College 3\ i • • Minutes of a Board of Adjustment Meeting • Page 4 7-23-73 taking action they could come back with alternatives with what they would do if the Board had said no. It is necessary for them to convince the Board that they have a hardship. Mr. Yates said he did not know about the rest of the board but that he had not been convinced. He would delay action to give the applicant a chance to go back and work out some alternatives. Al Witte said that it seemed to him someone made a mistake and they want the Board to' let them off the hook as if the mistake didn't happen. He would not think that is what the Board of Adjustment is supposed to do. Chairman Yates read a letter from Mr. Paul Mattke, then commented that the applicant has to show reasons for granting the variance more than they have seen today. He would rather that they could work it out so that they would not have to come back to the Board of Adjustment. The Board agreed to indefinitely postpone taking any action on Appeal No. 73-21, the Scottish Inn. They explained that this action meant that the board would not bring the matter back up but that if the applicant wishes to do so he may. Chairman Yates opened the public hearing on Appeal No. 73-22, Esther Keller, 16 North Duncan Street on an application to vary lot width and setbacks. Mrs. Keller was present to represent the application. Mrs. Keller said that the repair of the building would not make a building to rent, and would not increase the number of persons living oh the property, She presently lives downstairs in the main house, and she wanted to remodel this existing building for a hobby shop and if she wants to, to live in it herself. She said the building at present is an eye sore, and she cannot get insurance on it unless it is inhabited. It adjoins Evergreen Cemetery. Chairman Yates re- viewed the notes Harold Lieberenz had made in talking to Mrs. Keller on the property. He said that it seemed based on the ordinance. Mrs. Keller needs 270 ft. of frontage and has 170 ft. Apparently she has sufficient area. Mrs. Clack said that she has seen the area and it was nice what Mrs. Keller had done to it. She wondered how it could be protected from fire with the ravine there. Chairman Yates asked Mrs. Keller if the Board is inclined to give the variance would it present any problem to her if they included the stipulation that the building could never be rented. She said it would not, that she would never rent the building and would be willing to sign an affidavit to that effect. There was no opposition present. The public hearing was concluded. ESTHER KET.TFR 16 N. Duncan James White moved to grant the variance requested in Appeal No. 73-22, Esther Keller, with the stipulation that the building not be rented. Al Witte seconded the motion. Connie Clack asked what happened when Mrs. Keller dies, does the property carry that restriction. Mr. Witte said that he was not sure, he did not believe it would. He was not sure how zoning ordinances can apply to older built-up areas of town. He said that he thought it should be in the records that this is an odd -shaped lot with almost 3 times as much area as she needs in it. The motion to approve Appeal No. 73-22, Esther Keller was approved unanimously. The Board discussed again Appeal No. 73-19, Mr. J. W. Eoff. James White NW ARKANSAS BANK said that the drawing presented is not very specific. Connie Clack said discussed again that she would be very bitterly opposed to granting the variance if it were to be a permanent building and would want to include in any action taken the requirement that it be removed. Mr. White said that he was concerned by the lack of specificness. He requested definite measurements as to where the building would be located, and stated that because the board has some sympathy to the request and because of the strong public interest on anything going in on Highway 71, they were concerned about the lack of • • • Minutes of a Board of Adjustment Meeting Page,5 7-23-73 • specificness. Since it is indicated that time is not of the essence, they feel that it would be better for all concerned to have a resubmission of more specific drawings on this variance request. Also to show the exact location of the access road to the north and the position of the buildings on the property. Chairman Yates said that they are also if they are going to improve the streets, they could make that part of the variance. He would like for the driveway to be shown, the parking, and the distance of the building from the post curb from Millsap Road.in the drawing. Al Witte suggested that the Planning Office draft a letter to be sent out and to send a copy of it to each member present for their approval or comments. Bobbie Jones, Planning Administrator, was instructed to draft the letter and send a copy of it to each Board of Adjustment member for their approval before mailing it to the applicant. The minutes of the June 25, 1973 Board of Adjustment meeting were approved as mailed. The Board decided that someone should draft a letter from the Board of Adjustment to Mr. Roy Clinton, Chairman of the Planning Commission, requesting that they look again at the required setback of parking in the zoning ordinance and also at the requirement to screen parking across the street. The meeting was adjourned at 5:20 P.M. 33