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HomeMy WebLinkAbout1974-02-25 Minutes� „( 3-.25- 2f MINUTES OF THE BOARD OF ADJUSTMENT • A meeting of the Fayetteville Board of Adjustment was held February 25, 1974 at 3:45 P.M. in the Directors Room, City Administration Building, Fayetteville, Arkansas. • • MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Carl Yates, Connie Clack, James White, Suzanne Lighton, David Newbern. None. Bobbie Jones, George Dockery, Dr. Spencer D. Albright, III, Richard Hipp, David McWethy, Pat Tobin, Iris Dees, Harold Lieberenz. Chairman Yates called the meeting to order. Chairman Yates opened the public hearing on Appeal No. 74-4, Albright Trust of the First National Bank of Fayetteville, Arkansas, 1925 Green Acres Road, on an application to vary setbacks. ALBRIGHT TRUST 1925 Green Acres Vary setbacks Dr. Albright; Attorney Richard Hipp; and George Dockery, Trust Officer, were present to represent the appeal. Mr. Hipp said basically they wanted to create one complex that will be harmonious and continuous with the existing structure. He said if they have to go with the 10 ft. setback that is now required, it would be a hardship on all the trustees and the employees and especially Dr. Albright. Chairman Yates said as he understood it the original building was built in accordance with the ordinance and the zoning classification at that time. Since that time the zoning classification has changed and it now requires a 10 ft. side setback whereas:it did.not require any setback when the building was constructed. The applicants pointed out that, at that time, Dr. Albright had a plan of building a complex onto the north of this building and that is why he got so close to the property line. Connie Clack asked if the Trust owned the property to the north at this time. Dr. Albright said the Trust does not own that property, but that he has an option to purchase it from Ray Adams. Dr. Albright said when he and Ray Adams met with the Planning Commission in 1970 they were aware of the proposed zoning change and thought it was fine. He said they are still hoping that they can build medical offices tied together. Connie Clack asked him if he was aware at the time he was discussing a change in the area to R-0 that there would be a setback requirement in the R-0. Dr. Albright said he was not. He said the building permit had been obtained and the building almost completed before the zone was changed to R-0. There was no one present to oppose- the appeal. The public hearing was concluded. Miss Lighton moved that the request for a variance be granted for all the reasons set out including the general appearance of the structure itself. David Newbern asked how many feet the building would be away from the school property to the west. Dr. Albright said they would be about 414 feet from the overhang to their west property line. David Newbern suggested they build on from the hallway now; they might not need a variance. Dr. Albright said from an architectural and utilization standpoint it is totally impractical, almost to the point it couldn't be used. It would create a bottleneck, and would really cut down on the parking spaces which we need for our employees and patients. David Newbern seconded the motion. James White, Carl Yates, David Newbern and Suzanne Lighton voted "aye", Connie Clack voted "nay". The motion to approve the variance was approved. �8 Board of Adjustment February 25, 1974 Page Two 40 Chairman Yates opened the public hearing on the Appeal No. 74-5, PAT TOBIN Mr. P.J. Tobin, 46 East Township Road, on an application to 'vary 46 Township Road setbacks. Vary setbacks Mr. Tobin was present to represent the appeal. He said that to make good use of the land and also the existing buildings that are out there he wanted to request a 10 ft. adjustment in the front setback. He said he would like to stay as far away from the creek as possible and still put in a building of sufficient size. He said they have a lot of erosion out there.and the proposed building will be 601 X 601. Chairman Yates asked what the proposed building is to be used for. Mr. Tobin said it will be used for storage and the black and white TV people would like to expand their business and move to part of this building. Miss Lighton asked if the creek had ever overflown and whether it could be rip rapped. He said it has overflown before and they are. going to try to rip rapp to keep down erosion. Chairman Yates asked if the fact that there are buildings on both the east and the west sides that are 10 ft. closer.presents any difficulty to him. Pat Tobin said it really wouldn't make that much difference. A variance will give a little more parking. Connie Clack asked why he couldn't move it to the west a little bit where the creek is farther back. Pat Tobin said he would have some big trucks coming in on that side and would need the 30 feet there to maneuver. Chairman Yates said there is a 25 ft. setback required from the west property line. Chairman Yates asked if the Board let him have the. 10 -foot variance if he could dedicate a public drainage easement across his property if the Board put that condition on him. Pat Tobin said if the.City would maintain it, I think I would be for it. There was no one present to oppose the appeal. The public hearing was concluded. •Chairman Yates asked why Mr. Tobin is not being required to provide 25 ft. side yard setback for each building since they are on two lots. Mr. Harold Lieberenz was called in for a discussion. Mr. Lieberenz said if he met the Building Code and keeps the ownership of the buildings and he is the sole owner of the property, he felt that does away then with the requirement that they have to be 50 feet apart or observe two side yard setbacks. Mr. Lieberenz said he was aware that the Planning Commission had approved Mr. Tobin's large scale development plan and they did that seeing that these two buildings were just 10 feet apart. James White moved they grant the variance in the front setbacks as requested` Suzanne Lighton seconded the motion. David Newbern said he did not want to be influenced by variances given in the past. He felt that the implications are that, "you get one variance and you give me another one so it will look right". He felt since Mr. Tobin had known how the property was zoned before he purchased it, he should have known what the setbacks were. Bobbie Jones explained that he had not had a ruling on how they would figure the right-ofway on Township Road for the Major Street Plan. She said when he first went through the Planning Commission they said it should be figured from the centerline of the existing road. The Major Street Plan shows 80 feet on this section of Township. This increases his setback 20 feet. A vote was taken and Chairman Yates, Suzanne Lighton, and James White voted "aye"; Connie Clack and.David Newbern voted "nay". The variance was approved. The meeting was adjourned at 5:40 P.M. • n9