HomeMy WebLinkAbout1973-08-27 MinutesThe Fayetteville
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MINUTES OF A BOARD OF ADJUSTMENT MEETING
Board of Adjustment met at 3:30 P.M., Monday, August 27, 1973,
Room, City Administration Building, Fayetteville, Arkansas.
Connie Clack, James H. White, Carl Yates, Suzanne Lighton.
Albert Witte.
Brenda Blagg, James A. Pennington, Jim Holder, Byron Boyd,
Howell Trumbo, G. Hugh Smith, Bryce Davis, H. D. McCarty,
Al Green, Richard Hipp, Mr. & Mrs. Duncan.
Chairman Carl Yates called the meeting to order.
Chairman Yates opened the public hearing on Appeal 73-23, James A. APPEAL 73-23
Pennington for Doctors Lushbaugh & Cole, Parkhill Clinic for Women, PARKHILL CLINIC
740 Lollar Lane, on an application to vary setbacks. The public hearing Lushbaugh & Cole
had been deferred from August 13, 1973 because there was no one present 740 Lollar Lane
to represent the appeal on August 13
James A. Pennington was present to represent the appeal today and apologized
to the Board for his failure to appear on August 13. Mr. Pennington said that
Drs. Lushbaugh & Cole have recently taken another doctor in with them and that
they need more examining rooms and to get what they want they have to build too
close to the line. They request to build with the roof overhang 4 ft. from the
side of the alley. The ordinance requires a setback of 25 ft. from the centerline
of the 15 ft. alley. Mr. Pennington said the Doctors own the property on both
sides of the alley. They are putting in additional parking spaces on the East
side of the alley.
Suzanne Lighton asked why they did not close the alley. Mr. Pennington said they
had considered this, but had thought an alley closing would be a long drawn out
affair and that this would be quicker. He said the alley is too steep to ever be
opened.
Chairman Yates asked if the addition could be moved South and West some.
Mr. Pennington said it could not be moved West. It could be moved South but it
would foul up the looks of the front of the building.
Chairman Yates invited comments from the audience. Jim Holder owns property
Northeast across the alley. He said he was highly in favor of having the alley
closed and thought the City could do that. He had talked to all the property
owners on both sides and they were in favor of closing the alley, but they have
just not gone forward with it. Mr. Holder said he was in favor of the variance
being granted.
Mr. Pennington said that he thought that the Doctors might, in the future, want
to have a exit out of their parking lot onto College Avenue and the alley might
make this possible.
There were no further comments or questions. The public hearing was concluded.
Chairman Yates opened the public hearing on Appeal 73-24, G. Hugh
Smith, for property on the East side of College Avenue and North of
Rolling Hills Drive, on an application to vary setbacks. Mr. Smith
was present and asked for a zero setback from the East (rear) property
line rather than the 20 ft. setback required by ordinance. He said at
the least he would like to build in line with the 7-11 Store to the South
which is .9 ft. from the East property line. Mr. Smith said that as the
setback is required, the property is worthless to the City or to an individual.
He could not build more than a 10 ft. by 10 ft. building on it. The property
is an eyesore. There is no dedicated alley behind the property, but Mr Smith
APPEAL 73-24
G. HUGH SMITH
N. College Ave,
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said there is quite a bit of room between this property line and the Malco
building to the East.
• Chairman Yates asked if Mr. Smith owned this piece of property. Mr Smith said
he would buy it if the variance is granted. He wants to build a Mr. Burger
there, a small drive-in for hamburgers. Chairman Yates asked if he would put
an additional driveway there. Mr. Smith said there is not one there now, but
he would like to put one there. He said he could move the building 4 to 5 ft.
to the West if the Board wanted him to do so.
Connie Clack asked if Mr Smith would not have a problem with his setback from
College Avenue if he moved the building 4 or 5 ft. to the West. Mr. Smith said
he would have to alter the shape of the building. She asked him if he had a
parking arrangement figured out. He said he did not have one with him; he
planned to have them park headed into the building and to park some on the North
side of the building. He thought he could park about 20 cars there. Mrs. Clack
asked the Planning Administrator about the parking requirements. Bobbie Jones
said that a drive-in restaurant has no minimum parking requirement. The ordinance
just requires that the land area not devoted to building space be used for parking.
Chairman Yates invited comments from the audience. Byron Boyd, owner of the property
to the East, said there is not an alley between the two properties. The space between
the Malec building and this property belongs to him. He did not oppose the .9 ft.
setback for the 7-11 Store and therefore would not object to this either. His
property slopes there. He said he was just interested that Mr. Smith keep off his
property.
There were no further comments or requirements. The public hearing was concluded.
Chairman Yates opened the public hearing on Appeal 73-25, University Baptist APPEAL 73-25
Church, 315 West Maple Street, on an application to vary parking UNIVERSITY BAPTIST CHURCH
regulations. 315 West Maple
• Bryce Davis, Pastor H. D. McCarty, and Al Green were present to
represent the application.
Bryce Davis said they have 2 stages of building proposed. The first thing they
want to do is add onto their sanctuary They have attendants that direct the
cars to the parking spaces. They use all their space and do not leave any room
in back of the cars to move a car, but the people leave the keys in their cars
so if someone has to get out the car can be moved. Mr. Davis said the problem
is temporary and they will not have this problem in the future when they come to
their next stage of construction about 2 years from now. They will then demolish
all those houses and use that space for parking. He said they have parking on
Campbell Avenue and across Vandeventer which they are using and which the ordinance
does not recognize. Mr. Davis said they are presently parking right against the
curb on Parking Lot No. 5 and request a variance on the 25 ft. setback of parking
there. He said Lot No. 5 is used only on Sunday and traffic is not heavy there
on Sunday morning. They do not think they are obstructing the view of anyone
coming or going. The intersection itself is an obstruction. He said they have
pretty good control of the traffic. Parking Lot No. 4 is not built yet as there
are buildings there.
Chairman Yates asked if there would be any problem in moving back 25 ft. on
Parking Lot No. 4 and No. 5 when Parking Lot No. 4 is put in. Mr. Davis said
he did not think so. About 187 spaces are needed, based on the size of the
sanctuary, and they will eventually have 191. Chairman Yates asked how many
spaces they now have without Parking Lot No. 4. Mr. Davis said they do not have
a parking problem now. Their attendants are out there rain or shine. Chairman
Yates said he understood they are asking for a variance in the number of parking
spaces for an interim time and a variance in the 25 ft. setback from Maple for
Lot No. 5. Mr. Davis said the lay out of Lot 5 will be changed considerably when
it is finished. Regarding the screening for Lot 5, he said there is 12 to 15 ft.
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of their property on the East side of Lot 5 they are not using, then Mrs.
Trumbo has a rock wall, and the yard is terraced on up to her house.
Pastor H. D. McCarty said they are asking for a variance on the screening
requirement on all parking everywhere. Suzanne Lighton said this would have
to be done with the understanding that their plans would have to be met within
the next couple of years. Chairman Yates said that the attendant parking allows
them to park more cars on their property. In effect, the Board would recognize
the attendant parking, but the variance request would be on the parking space
requirement.
Chairman Yates invited comments from the audience. Mr. & Mrs. Duncan, 306 West
Lafayette, were present. Mrs. Duncan said her information was that their overall
planning would have another step 2 years later which would extend the present
building 4 ft. farther toward them. The Duncan's property is on the East and
she said there has already been one variance granted to the Church. She said
she understood the architect had suggested the sanctuary be extended 4 ft. closer
to them. Pastor McCarty said the architect had suggested this but they had
reviewed it and it would not go that way. He said they would never request a
variance to move closer to their property. Mrs. Duncan said they would object to
such a variance and proposed that the Church purchase their property.
The public hearing was concluded.
Chairman Yates opened the public hearing on Appeal 73-26, James E. Holder, APPEAL 73-26
for the Otasco Store, on the East side of College Avenue and North of JAMES E. HOLDER
Harold Street, on an application to vary setbacks. James E. Holder is a OTASCO
resident of Tulsa, Oklahoma and was not present. Attorney Richard Hipp N. College Ave.
represented the application. He said that the architect could not be
present because of a conflict in his schedule. Mr. Hipp requested a 10 ft
rear yard setback from the property on the East rather than the 20 ft. setback
required Mr. Holder also owns the 3 platted lots to the East and from which
the 20 ft. setback is required Those lots fron on Lee Avenue and are zoned
R-1, Low Density Residential. Mr. Holder owns all the lots adjacent to where
the building would be built and the building would not touch anyone else's
property. The reason for requesting the variance is for the future adjacent use
of the rest of Mr. Holder's property. Mr. Hipp did not have the specifics of this
future adjacent use. Chairman Yates said he had understood Mr. Hipp to say this
would enhance the future use of those 3 residentially zoned lots. Mr. Hipp said
it may or may not, but that Mr. Holder had thought there would not be as many
objections to the variance since he owned those three lots. Mr. Hipp said that
the Plat Review Committee had recommended that Lee Avenue be closed off. Bobbie
Jones explained that the Street Superintendent wanted the street to either be
barricaded off North of Bertha Street or improved to minimum street standards.
He did not want Lee used as any access point into this property or as a back
door to get out of the property unless the street is brought up to minimum
standards. Chairman Yates asked if Mr. Holder would not have to screen along the
zoning line. Bobbie Jones said the screening requirement does not pertain to the
building, but only to a parking area against residentially zoned property.
Connie Clack asked Mr. Hipp to repeat the objection to having the building 20 ft.
from the rear property line. Mr. Hipp said it had to do with the number of parking
spaces and the parking lot and the location of a sign that would be out front.
Mrs. Clack asked about all the remaining property to the South. Mr. Hipp said that
is set out for future use. Mrs. Clack asked why they did not just use part of that
for parking and not require a variance. He said the variance request also had
something to do with the access point into the parking lot to the North.
Chairman Yates asked Mr. Hipp if the Board were inclined to deny the variance
would he rather they just delay taking any action to give him client a chance to
come back before the Board. Mr. Hipp said they need an answer today. There was
no one present to oppose the request.
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Connie Clack said that from what Mr. Hipp had said she did not know enough APPEAL 73-26
to see why they should grant the variance. Chairman Yates and Miss Lighton
agreed.
James White moved to deny the application of James E. Holder, Appeal 73-26,
for a variance in rear yard setback. Suzanne Lighton seconded the motion.
Connie Clack said that if they have a problem with the future addition, that
would be the time to ask for a variance. James White said he saw no justification
for the variance with all the open space there is out there. The Board voted
unanimously to deny the request.
The Board next discussed whether to grant the variance requests of APPEAL 73-25
University Baptist Church, Appeal 73-25, and whether any variances granted
should be permanent or temporary.
Suzanne Lighton moved that the variances be granted on Parking Lot No. 5
to (1) waive the 25 ft. setback from Maple for Lot 5; (2) waive the screening
requirement along Maple Street for Lot 5; and (3) waive the screening requirement
along the East line of Lot 5 temporarily until they develop Parking Lot No. 4
or for a maximum of 3 years. At the end of 3 years the parking lot would either
be brought into compliance, or a re-application for a variance submitted.
James White seconded the motion. The motion was approved unanimously.
Chairman Yates said that Parking Lot 4 does not need a variance at this time
because they are not proposing to do anything with it yet. He said the above
variance was granted on the basis that it is temporary and it is in use on
Sunday morning. Connie Clack said there is somebody over there every night
but at least it is not the entire group.
Suzanne Lighton said that if they are planning to develop Lot 3 she moved that
the Board require the 25 ft. setback from street ROW of Vandeventer and to require
the screening on the South side of the parking lot but to waive the screening
• requirement along the West side (along Vandeventer). Al Green and Pastor McCarty
had a discussion on whether Lot 3 would be built Al Green said it will be built
not and there is a house there now. He thought they should plant the screen along
the South side. He said they plan to build Lot 3 and its driveway with the
sanctuary expansion.
Connie Clack seconded the motion to waive screening requirement along Vandeventer
and not waive the setback from Vandeventer nor the screening requirement along the
South side of Lot 3. The motion was approved unanimously.
Chairman Yates asked if they have been or need to park within 25 ft. of Campbell
on Lot 2. Al Green said it is presently graveled right up to the sidewalk. Pastor
McCarty said Campbell carries very little traffic.
Suzanne Lighton moved that because of the narrowness of Campbell, the Board waive
the 25 ft. setback requirement on Lot 2 and waive the screening on Lot 2 for the
period of time until the proposed educational building is constructed or if the
building is not constructed within that length of time for a maximum of 3 years
at the end of which time it will be necessary for them to either bring their parking
into compliance or seek another variance. James White seconded the motion which
was approved unanimously.
Bobbie Jones told the Board that contrary to what Mr. Davis had said earlier, the
Planning Commission had approved the Church's use of the parking areas on Campbell
Avenue and across Vandeventer Avenue as authorized to do in the zoning ordinance.
James White moved to waive the screening requirement and the 25 ft. setback requirement
for Parking Lot 1 for the maximum 3 year period or until the other property is
developed. Suzanne Lighton seconded the motion which was approved unanimously.
Al Green said they do have existing parking not shown on the drawings where future
Parking Lot 4 is and where the future educational building is. They now park 100
• cars there, but it is not recognized. They maintain in and out parking on Lot 5.
Pastor McCarty said they plan to use buses to try to cut down on some of the traffic.
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Suzanne Lighton moved to grant a temporary variance on the number of parking
spaces and to recognize their use of attendant parking until the rest of the
property is developed or for a maximum of 3 years at the end of which time
they must either bring their parking into compliance with the zoning regulations
or seek a new variance. James White seconded the motion which was approved
unanimously.
James White moved to deny the variance of G. Hugh Smith, Appeal 73-24,
as presented, but to allow a variance with the back (East side) part of
the building to line up with the .9 ft. setback of the 7-11 Store to the
South or at least for it to be no closer than the 7-11 Store to its property
line. Suzanne Lighton seconded the motion which was approved unanimously.
Suzanne Lighton moved to grant the variance request of James A. Pennington APPEAL 73-23
for Drs. Lushbaugh & Cole, Parkhill Clinic for Women, Appeal 73-23. James
White seconded the motion which was approved unanimously.
The minutes of the August 13, 1973 Board of Adjustment meeting were approved MINUTES
as mailed.
APPEAL 73-24
The meeting was adjourned at 5:10 P.M.
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