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HomeMy WebLinkAbout1974-06-10 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING The Fayetteville Board of Adjustment met at 3:30 P.M., Monday, June 10, 1974, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Members Absent: Others Present: Chairman Carl Yates, Suzanne Lighton, Connie Clack, James White, David Newbern None. Loris Stanton, Charles Hight, Ruby Fern Stone, Bill Loftin, Mrs. Bassett, John Carpenter, Haydn Mcllroy, David Lierly, David McWethy, Bobbie Jones, Linda Jackson Chairman Carl Yates called the meeting to order. Chairman Yates opened the public hearing on Appeal 74-14, N.W. National Bank, 3500 North College Avenue on an applicae. tion to vary setbacks. Lois Stanton and Charles Hight, Archi- tect, were present to represent the application. The applicant requested a 30 foot setback from Millsap Road; required Zoning Setback of 50 feet, with an additional 5 feet for Major Street Plan, totaling 55 feet. Mr. Hight explained they wanted to set a temporary structure 30' back of Millsap Road, while. they - were building a bank on the North side of the property. Miss Lighton asked about litigation on the bank charter; Mr. Stanton said this is in the appeals court. Mr. Hight indicated the per- manent driveway would be put in for use by temporary facility, but the bank parking would not be completed until the temporary building is removed. There was no one present to oppose the. variance. The public hearing was concluded. Chairman Yates opened the public hearing on Appeal No. 74-15, Ruby Fern Stone, 347 Rollston Avenue on an application to vary setbacks. Mrs. Stone was present and requested a setback from Campbell Avenue curb of 30 feet and 6 inches. The required zoning setback is 30 feet plus a Major Street Plan requirement of 13i feet for Total Setback of 43i from the street right-of-way. Chairman Yates asked if the covering would be attached to the house and it was decided that it would be a part of the house. Bobbie Jones mentioned that this was anR=0 Zoning area which required a larger setback than the other "R" districts and that Campbell Avenue only has 23 feet of right-of-way. Mrs. Stone said that since she has a street in front and another be- hind her house there were two front yards. Miss Lighton re- quested Chairman Yates contact the Planning Commission Chairman about having Campbell Avenue changed into an alley so there would not be so great a setback. Newbern to Stone: "Is there any other place on the property where you could place the cover?" She said there was not. It was asked how long she lived there and the answer was about 24 years. The reason for the covering was to keep ice off her car in the winter, etc. There were no further questions or comments, and no one present to oppose the application. The public hearing was concluded. APPEAL NO. 74-14 N.W. National Bank, 3500 N. College Ave. APPEAL NO. 74-15 Ruby Fern Stone 347 Rollston Avenue Board of Adjustment June 10, 1974 -2- Chairman Yates opened the public hearing.on Appeal No. 74-16, Pennington Construction Company, representing Mr. Earl Hall, 440 North College Avenue, on an application to vary setbacks. The request was for a setback from North College Avenue of 33 feet; there is a required Zoning Setback of 50 feet, plus a 10 foot MajoriStreet Plan requirement for a total of 60 feet. Representing Mr. Hall were Mrs. Marynm Bassett and Bill Loftin. She explained they wished to remove all parking (completely) from the front of the building, because Bill Morton, the leasee, did not want cars backing onto a four -lane highway. There would be parking along the side of the building. She said they would also like a covering over the doorway, to improve the looks and to keep rain from blowing in at the front door. Mrs. Bassett: "We would like to have it come out 5 feet all across the building and another 5 feet for a small gable effect." She asked if it was permissible for Mr. Morton to fly the American Flag from the existing sign standard. She said he did not want a sign in front of the building. Chairman Yates explained the Board had no authority on that point. She said they plan on putting Astro -turf in front of the building where parking is now. Bobbie Jones could find no reference to the American Flag in the Sign Regulations. Chairman Yates: "Will people be driving in front of the build- ing?" Mrs. Bassett said they would not be. Lighton: "There is some question as to whether the driveway behind the building is an actual alley or not." Chairman Yates asked how the pro- perty owner would react to a condition that if the request was granted, he dedicate 10 feet of right-of-way on College Avenue for Major Street Plan. David McWethy explained the State has plans to put in turn lanes at Maple, Dickson, and Lafayette along College Avenue and will need additional right-of-way. Mrs. Bassett felt that Mr. Hall should be contacted on this. Mr. Newbern asked if this problem was not more cosmetic rather than a hardship. Mrs. Bassett said that they were trying to come out far enough to get covering over the entrance. Miss. Lighton: "Is the building itself not being changed?" It was answered that it was not. There were no further questions or comments. There was no one present to oppose the application. The public hearing was then concluded. Chairman Yates.opened the public hearing on Appeal R74-17, Industrial Finance Company, property located on the North side of Center.Street_and on the West Side of East Avenue, on an application to vary setbacks and parking requirements. John Carpenter with Greener and Summer Architects, Inc., and Haydn Mcllroy were present to represent the application. A APPEAL NO. 74-16 Pennington Construc- tion Company 440 N. College Ave. APPEAL NO. R74-17 Industrial Finance Company NW corner Center & Eas q8� • • • Board of Adjustment June 10, 1974 -3- zero foot setback from Center Street right-of-way was requested; a setback of 5 feet is required. They also requested 39 parking spaces instead of 152 spaces as required. (Applicant also has requested Planning Commission's approval • to use off-site park- ing in municipal and private parking lots to helpneet parking re- quirements.) Chairman Yates assumed that the front of the present building is on the property line. Mr. Carpenter told Mr. White that there might be an entrance from Center Street into the build- ing as well as from the Plaza area. Mr. Carpenter: "The lower level has parking garage containing 39 spaces; with this request we wish to have additional parking somewhere around 140 additional spaces in the Green Lot, Brian's lot and City parking lots." Bobbie Jones: "Would be using the fact that there was a municipal parking lot to round out what is needed." "Parts of these have been used for this purpose before." She expressed concern that the City might use them 10 times over eventually. Mr. White questioned whether the use off-site parking municipal lots can be regarded as meeting the required parking spaces. Bobbie Jones mentioned that only the Planning Commis3ion can approve off-site parking. Chairman Yates said that before the Board acts on this part of the request, he would prefer to wait for Planning Commission's action on off-site parking. Newbern asked Mr. Carpenter if they were assuming that these requests would be granted by the Board, and Mcllroy confirmed the answer to be "yes". No further questions or comments were made. There was no opposition present. The public hearing concluded. The Board discussed Appeal 74-14, N.W. National Bank's request for a 30 foot setback from Millsap Road, to put up a temporary facility. Miss Lighton moved that the Board of Adjustment grant the request as presented with the condition that the temporary facility be removed by July 1, 1976. Mrs. Clack second it was approved by the Board unanimously. Suzanne Lighton commented that Mrs. Stone has plenty, of room and all conditions are favorable, on Appeal 74-15, Ruby Fern Stone, and :moved 2 the motion be granted as requested. The motion seconded by Mrs. Clack and was approved unanimously. The Board discussed Appeal 74-16, Pennington Construction Company for Earl Hall. David Newbern stated he was, troubled because he felt it is for cosmetic reasons rather than for a hardship. Mr. Loftin said it is a hardship in that rain blows in the front door. The question arose as to whether the Board would be exceeding its authority if it approved the request on condition the, property owner dedicate 10 feet of additional right-of-way for College Avenue. Bobbie Jones said the additional right-of-way APPEAL NO. 74-14 N.W. National Bank 3500 N. College Ave. the motion; APPEAL NO. 74-15 Ruby Fern Stone 347 Rollston Avenue APPEAL NO. 74-16 Pennington Construc- tion Company 440 N. College Ave. • • Board of Adjustment June 10, 1974 -4- is needed 150 feet each side of the intersections to install left turn lanes. David Newbern moved that the Board delay action on this request until the Board has an opportunity to contact the City Attorney about traffic control on College Avenue and the Board's authority in the matter. James White seconded the motion which was approved unanimously. The Board discussed Appeal 74-17, Industrial Finance Company and APPEAL 74-17 decided to divide the Appeal into two requests. David Newbern Industrial Finance asked what the hardship was. James White asked what would be Company gained by moving the building back 5 (five) feet. Newbern was in favor of the five-foot setback. Bobbie Jones said, "This is a City zoning regulation not Urban Renewal. She said if this is approved, Urban Renewal must still approve the plan before a building permit can be issued. After the situation was discussed, James White moved that the Board grant the request for a zero "0" foot setback from the right-of-way of Center -Street by ..Miss Lighton and unanimously approved. At the suggestion of Chairman Yates, Suzanne Lighton moved to table consideration of a variance on parking until after Planning Commission Meeting. James White seconded the motion which was approved unanimously. The Board discussed the request of David Lierly, 1363 Hendrix, RECONSIDERATION: Appeal 74-10 to have the Board reconsider its action of May 6, Mr. Lierly 1974, in which the Board denied Mr. Lierly's request to construct 1363 Hendrik • an addition onto his house with the addition to be 5 feet from his side property line. Mr. Lierly admitted that he had already begun construction with the idea that the Board of Adjustment would give favorable consideration to his request considering the fact that it only concerned a 3 foot variance. Mr. Lierly appologized for starting construction as he realized that it was a wrong decision to make. He said the concrete floor is poured; the framing is up and plywood roof decking is on. Yates asked Mr. Lierly his course of action if the Board were to turn down the request. Mr. Lierly said, nI would have to tear down the construction but it would be difficult to remove the concrete foundation. This would cause my house to look bad." "I had to cut into the roof of the existing house." It was decided that it was a self-made hardship. Mr. Lierly had a petition signed by several neighbors stating they had no objection to the variance.* After discussion, Miss Lighton moved that the Board grant the variance as requested even though Mr. Lierly had already started construction. Mr. Newbern seconded the motion which was approved, unanimously. • The minutes of the May 6, 1974, and May 20, 1974, Board of Adjustment meeting were approved as mailed. The meeting was adjourned at 5:45 p.m. '(Several Board members commented that even though they had no real objection to the variance they felt,.inclined to deny it because of the fact that Mr. Lierly had begun construction before applying for the variance.) 99