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HomeMy WebLinkAbout1974-03-25 Minutes0)04z -we— • C(u-.-/ b /925' MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Board of Adjustment was held Monday, March 25, 197 at 3:45 P.M. in the Directors Room, City Administration Building, Fayetteville, Arkansas. • MEMBERS PRESENT: Chairman Carl Yates, Connie Clack, David Newbern, Suzanne Lighton. MEMBERS ABSENT: James White. OTHERS PRESENT: City Manager, Donald Grimes, Mr. Arthur Skelton, David McWethy, Jerry Sweetser, City Property Inspector, Charles Hoffman, Bobbie Jones, Iris Dees. Chairman Yates called the meeting to order. Chairman Yates opened the public hearing on Appeal No. 74-6, Mr. Jerry D. Sweetser, 126 South University Avenue. The applicant is requesting administrative review of the • Planning Administrator's decision that a single-family dwelling is a non -conforming use in the I-1, Heavy Commercial and Light Industrial District. The applicant also requests appeal for a variance from Article 4, Section 4 and 5, Appendix A, Zoning Ordinance, Fayetteville Code of Ordinances. The applicant further requests a variance of numbered paragraph 12 of Article 7 of the City Zoning Ordinance in order to locate a mobile home structure on this property. Jerry Sweetser was present to represent the application. Planning Administrator, Bobbie Jones said he is asking to replace a nonconforming building to be used as a nonconforming use. The proposed building would not meet the required setbakcs for the I-1 zone (50 ft. from the right-of-way plus Major Street Plan). The Major Street Plan calls for an 80 ft. minor arterial street in this area. City Manager, Donald Grimes has advised that this would follow the route of the present University Avenue, which has an existing right-of-way of 42 ft. This would require additional right-of-way of 19 ft. on each side of the existing right-of-way. The existing structure is only 15 ft. from the existing right-of-way. Bobbie Jones said she did not feel the Board of Adjustment could grant a waiver in this case because: 1. The ordinance does not grant the Board the power to waive the use provision of the ordinance and approve a nonconforming use. 2. The Board may waive any part of a required ^zoning° setback., but the City Attorney has previously advised that only the Board of Directors can waive the Major Street Plan requirements. Jerry Sweetser said he had a mobile home there with someone living in it and it caught fire. He said what he wanted to do was move the old mobile home out, clean up the area, and put a new mobile home there. He said he would put a permanent foundation under it and everything. He said if the Major Street Plan does come up through there it will be better to move a mobile home than a permanent building. Bobbie Jones said a mobile home is not permitted in that area. Jerry Sweetser said he is just replacing the old one with a new nice looking one; otherwise, the only choice he would have would be to repair the one that is there. Mr. Sweetser said it was not more than 50% burned out. He said the neighbors told him they would like to have the lot cleaned up and a new trailer put there. Suzanne Lighton asked Mr. Sweetser if the Board denied this request would he have to clean the lot up anyway. Suzanne Lighton asked if he would repair the mobile home where it would be respectable again. Jerry Sweetser said he did not think she would approve of it and asked what she compared respectable to. Jerry Sweetser said he owns the property to the north with a house on it and the house is also his. Jerry Sweetser said he dumps all of the bad scrap material left over from a job on this property. He said he has buried some of it. Jerry Sweetser said he didn't have any objections to cleaning the lot up. He said he did not think it would be considered a junk yard. Bobbie Jones said if it were a work yard that he was working in and out of it would go under contract construction service which is allowable in I-1. Sal • JERRY D. SWEETSER 126 S. University Appeal No. 74-6 :f go Board of Adjustment March 25, 1974 Page Two She said if it was just disposal she didn't think it would come into that definition. • Chairman Yates noted that R-3 is adjacent on the west and in his opinion the Board's hands were tied in that the Board can't give any relief. He suggested Mr. Sweetser might have it rezoned. Chairman Yates said the Board can act on setbacks. Chairman Yates read the powers and duties of Board of Adjustment from the Code of Ordinances, "under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissable under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said districts". He said he thought this would not give them the power to do what Mr. Sweetser wanted. Jerry Sweetser said he wants the Board to tell him to take one route or another. He said he was convinced he won't be able to place anything back on the property when he takes this off because it won't meet the Major Street Plan. Suzanne Lighton said she did not think it was within the Board's powers. Jerry Sweetser said this type of request was permited' at one time on Leverett and Cleveland when a man moved old trailers and replaced them with new ones. He did not know which Board allowed this. Bobbie Jones said prior to 1970 the Board of Adjustment could approve mobile homes in certain zoning districts and it was done on College Avenue. Chairman Yates said the east -west measurement at the north end of the lot is 79.2 feet; if the City needs another 19 ft. for Major Street Plan it would leave 60 ft. to get setbacks and building which would be impossible to do anything with under the regulations. Property Inspector, Charles Hoffman, offered to answer any questions the Board had regarding the inspection of the property. Connie Clack asked what would happen if the Board took no action and none was taken by Mr. Sweetser. Mr. Hoffman said then under the Housing Code he would have to move the occupant out if the place was not cleaned up. Jerry Sweetser said the action taken by the City was at his own written request so that • something could be worked out. Chairman Yates stated again that he did not think the Board had the authority to act on this. Suzanne Lighton moved to deny the request because it is beyond the scope of authority of the Board of Adjustment. David Newbern seconded the motion which carried unanimously. Chairman Yates opened the public hearing on the Appeal No. 74-7, OZARK WINDOWS Ozark Windows, Inc. 4032 North College Avenue, on an application 4032 N. College to vary setbacks. Appeal No. 74-7 Mr. Arthur Skelton was present to represent the application. Mr. Skelton said he wanted to go ahead and utilize the space he had now to operatehis business and this would add about 4,500 sq. ft. of space to the building. He asked if this would give him sufficient warehousing space. He said the slab was poured in 1967 and he didn't build immediately because of financial problems. Mr. Skelton said he bought the property from Johnnie Bassett who owns property all around him. Chairman Yates asked what the setbacks would have been in 1967. Bobbie Jones said the previous ordinance would have required a 40 £t. setback in that zone on the front with parking in front; it would have required no setback on the side; and would have required a 10 ft. rear yard setback in 1967. Chairman Yates asked if the proposed building area would exceed 60% of the lot area. Bobbie Jones said he is under the 60% limitation. David Newbern said the lack of the requirement for a side yard setback was hard for him to understand. He said he was not terribly worried about the 35 ft. off the front which was bought by the Highway Department for right-of-way, but he was worried about him backing right up to Mr. Bassett's property. Bobbie Jones said side yard setbacks are not required in any of the commercial zones except along streets. Suzanne Lighton asked what the measurement from the east line of the present building to the east property line is. Mr. Skelton said about 24 feet. He said he stacks material out there • on that slab now and said it would be much better if it were closed up. Connie Clack asked if Mr. Bassett was interested in selling the property east of that. Arthur 8► Board of Adjustment March 25, 1974 Page Three Skelton said he was not interested. Chairman Yates commented that he couldn't go anywhere except north and the 35 ft. right-of-way bought by the Highway Department didn't help any. Chairman Yates said it seemed to him that Mr. Skelton does have somewhat of a hardship and he thought the Board was looking at an improvement if he covers the slab. Connie Clack asked what the possiblity was of putting the addition to the north and using the concrete slab for parking. Mr. Skelton said it is rather marshy in there and water seeps out of the ground on the upper side. He thought the warehouse would be too heavy in the marshy area. Chairman Yates asked how important the part on the south side is to his operation. Mr. Skelton said he needed as much of the area as he could use in order to justify the money he is going to have to spend there. Connie Clack said she thought it would greatly improve the looks of things if the storage could be enclosed rather than outside, but she would hate to see the extension to the back. Mr. Skelton said it would almost have to set on the original foundation or he would have to cut the slab and put in a new foundation. David Newbern moved that the variances requested by Ozark Windows be allowed. Suzanne Lighton seconded the motion which carried unanimously. The minutes of the February 25, 1974 Board of Adjustment meeting MINUTES were approved as mailed. The meeting was adjourned at 5:05 P.M.