HomeMy WebLinkAbout1974-01-18 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
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A recessed meeting of the Board of Adjustment was held Friday, January 18, 1974, at
3:45 P.M. in the Director's Room, City Administration Building, Fayetteville, Arkansas.
• MEMBERS PRESENT: Chairman Carl Yates, James White, Connie Clack, Al Witte,
Suzanne Lighton.
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MEMBERS ABSENT: None.
OTHERS PRESENT: Mr. Clay Yoe, Bobbie Jones, Iris Dees, Representative of Dandy Oil,
David Newbern.
Chairman Yates called the meeting back to order.
Chairman Yates resumed the public hearing on Appeal No. 74-1, DANDY OIL COMPANY
Dandy Oil Company, Inc., 1421 S. School Ave., on an application 1421 S. School
to vary setbacks which was recessed from January 14, 1974 due Appeal No. 74-1
to a question of where the building is in relation to the ROW.
Clay Yoe was present and he:said the problem was apparently in the original survey and
a new survey has been made. Mr. Yoe noted the following changes in the plot plan:
the setback from School Avenue should be 40 feet instead of 39 feet; the setback from
15th Street should be 50 ft. instead of 42 ft.; for the addition of the mansard roof,
where it reads 33 ft. it should be 37 feet, and where it reads 39 ft. it should be 47 ft.
He submitted a copy of the survey with the proposed building sketched on it. Mr. Yoe
said they were in compliance when the present structure was built and now it is
nonconforming because of the changes of the ROW. Mr. Yoe said that they were still in
hopes for a variance of the landscaping.
Bobbie Jones said Mr. Lieberenz did not feel that screening would be required. Mr. Yoe
said they didn't have any screening at present.
Mr. Yoe said when the survey was done the surveyor found a legal dedication of the
alley to the west although it is included in Mr. Dandy's legal description.
Miss Lighton said she didn't want to see any more odd shaped lots.
Chairman Yates said he did not think they could build anything unless the Board gave
them some kind of variance because the existing building is nonconforming. Bobbie Jones
said if the additions would meet the setbacks the Planning Office has permitted additions
to nonconforming buildings. The Board studied the wording of the zoning ordinance
governing non -conforming structures. After discussion, they concluded that the wording
did not prohibit additions to a nonconforming structure so long as the nonconformity
was not increased. Bobbie Jones said the Planning Office does not consider the non-
conformity to be increased as long as the addition meets all the requirements.
Connie Clack asked if they couldn't alter their plans. James White asked what would
happen if off street parking were moved and the building was redesigned smaller. He
suggested some changes to make the variances smaller. He said he might consider a 10 -ft.
variance on School Street. Al Witte said the Board could not be commited to any unknown
revised plan but he felt the Board should at least give some encouragement even if they
denied the appeal.
Miss Lighton moved the application be denied and Al Witte seconded the motion. James
White requested they take each variance one at a time. The motion and second were
withdrawn.
Miss Lighton moved to deny the request for the variance in setback from School Avenue
for the proposed structure. Connie Clack seconded the motion. James White suggested
he might give some relief on one or the other side with preference to the.School Avenue
side. Miss Lighton said she didntt want to grant a variance on that very busy inter-
section..,. based on traffic increase and hazard, Connie Clack said she couldn't see
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Board of Adjustment
January 18, 1974
Page Two
it if it were granted on the basis of hardship. She said if it is redesigned it might
as well be right. Chairman Yates said he could go either way. The motion to deny
variance in setback from School Avenue was approved unanimously.
Miss Lighton moved to deny request for a variance in setbacks from 15th Street.
Al Witte seconded the motion which passed unanimously.
James White moved to grant a variance to allow the addition of a Mansard type roof on
the existing building. Connie Clack seconded the motion which was unanimously approved.
James White moved to grant the variance on the landscape requirement. Al Witte seconded
the motion. Miss Lighton expressed strong feelings about landscaping and thought we
ought to have it everywhere in town. Mr. Yoe said they werentt disturbing the site, the
whole site is paved presently. James White thought 20% of area for landscape was too
much. Miss Lighton said she would stop at something that would make the place more
attractive. The members of the Board agreed with her philosophy but didn't feel the
landscaping was necessary in this instance. The motion was unanimously approved.
Chairman Yates expressed publicly his appreciation for Al Witte serving on the
Board of Adjustment.
The meeting was adjourned at 4:45 P.M.
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