HomeMy WebLinkAbout1973-07-23 Minutes•
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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.
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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.
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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
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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
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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.
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