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HomeMy WebLinkAbout1975-03-10 MinutesRai A • • • gAy2, 4o uc c6 per iaaifl$ MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Board of Adjustment was held at 3:45 P.M. Monday, March 10, 1975, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Suzanne Lighton, Connie Clack, Chairman Carl Yates, James White, David Newbern. MEMBERS ABSENT: None. OTHERS PRESENT: Max Greenwood, Mr. Marino, William Triola, Bobbie Jones, Janet Bowen. Chairman Yates called the meeting to order. The public hearing was opened on Appeal No. 19 East Nineteenth Street on an application APPEAL NO. 75-5 Max Greenwood 19 East 19th Street 75-5, Mr. Max Greenwood, to vary setbacks. Mr. Greenwood was present to represent. Mr. Greenwood said he wanted to build a temporary building to be used for partially commercial and partially for a hobby on his property. He said he wanted a home industry where he could make craft items, with concentration mostly on doll houses. He told the Board of Adjustment that he would not employ anyone other than maybe his family. He said later if the business became big enough and he had to hire help, he would relocate his business. Since two major streets are planned to go through this property in the future, Mr. Greenwood plans to make the building easy to move whenever it becomes necessary. Also, he is willing to enter into an agreement stating that he would move the building at his own expense. In answer to Mr. Greenwood's question, Chairman Yates stated that,in his opinion, the only way the Board of Adjustment could grant a variance would be if this agreement actually became a requirement. Miss Lighton added that this needed to be a requirement so that if the property is ever sold the future property owner would be aware of the situation. In answer to Mr. White's question, Mr. Greenwood said he owned all of the property indicated on the drawing. He also stated that he talked with the neighbors and there were no objections to his putting the building there. No one was present in objection to the appeal. The public hearing was concluded Chairman Yates opened the public hearing on Appeal No. 75-6, Kerr-McGee Corporation, at the Northeast corner of Highway 62 West and Razorback Road on an application to vary setbacks. There is a required 20 foot zoning setback on service station canopies plus 5 feet for the Major Street Plan making a total of 25 feet of required setback. The applicant is requesting a setback 9 feet from Highway 62 West. Mr. Marino and Mr. Triola were present to represent. Mr. Marino stated that they would like to put a canopy over the pump islands at the service station located at Razorback Road and Highway 62 West in order to upgrade their property. He said it would also be convenient for the customers as it would keep them out of the weather while filling their gas tanks. He told the Board of Adjustment that they were not a corporation that was trying to come in and "push"something in on them. He told them they could call the City of Rogers and talk to them about it since they just APPEAL NO. 75-6 Kerr-McGee Corp. Highway 62 W. G Razorback Road Board of Adjustment -2- March 10 , 1975 recently up -graded their property there. Mr. Marino explained that the property line (street right-of-way) lay at an angle and that they had approximately 10 feet from the property line to the edge of the canopy at the closest point (East side of canopy while it would be about 11 or 12 feet from the other edge (West side of canopy) to the property line; also they would have 13 feet between the existing service station and the canopy instead of the 23 feet shown. He said the canopy is 46 feet long. He apologized for starting the construction of the canopy without a permit. He explained that the contractor failed to understand that they were supposed to obtain the permit and be reimbursed for it. In answer to Mr. White's question, Mr. Marino said there was approximately 35 feet from the centerline of Highway 62 West to their pavement. Mr. Marino said Mr. Triola had talked to the surrounding property owners and the only one that refused to sign was the Citco station across the street. Miss Lighton asked why he could not move it 13 feet North and attach it to the building. Mr. Marino said that cars coming out the service bays would hit the gas pumps if it were located there. Chairman Yates told Mr. Marino that if the 9 foot setback was granted it would be his responsibility that the canopy could not be any closer than that. There was no one present in opposition to the request. The public hearing was concluded. APPEAL NO. 75-5 Mrs. Clack felt that if the variance were granted that it should Max Greenwood be a requirement that Mr. Greenwood sign an agreement stating he would remove the building at his own expense when the future street came through the property. David Newbern was of the opinion that it would be a problem getting this in the abstract. He said that rather than it being an agreement between buyer and seller that it would be a contract between the owner and the City of Fayetteville and he said he was not familiar with any method for getting this as a matter of record in the abstract. He felt that the City Attorney should be advised of the situation and be asked to figure out a way to do this. Mr. Newbern moved that the variance be granted contingent upon (1) the City Attorney finding a way to incorporate the agreement as a convenant in the title to the property in question and -1:(2) contingent on Mr. Greenwood executing the agreement with the City. Planning Administrator Bobbie Jones told the Board of Adjustment members that the City Attorney had already been notified and it had been approved by the Board of Directors. James White seconded the motion. It was voted upon and unanimously approved by a vote of 5-0. APPEAL NO. 75-6 Miss Lighton said she was concerned (not as much so as she had Kerr-McGee been at first) about granting a variance so close to a busy highway such as this. Mrs. Clack was in favor of having the canopy there from the customers point of view but did not know if the Board of Adjustment would be setting a precedent that would cause a problem later. Mr. White said if the road is widened, one of the pump islands would have to be removed anyway, and it would be easier to remove the canopy than it would an underground gasoline pump. Chairman Yates said even if they widened the street to where the outside lane of the island could not be used it would still be just a matter of moving the canopy and he felt thay would not be setting a precedent..- He said they hadcon-' sidered individual places in the past, but he felt this was one instance where the ordinance could probably stand some improvement. He said it did not make sense to him to be able to set a pump up and not be able to put a cover over it. till A • • • Board of Adjustment -3- March 10, 1975 Mr. White moved to grant the 9 foot variance as requested but to limit it so that it could not be built any closer to the Northright-of-way line than it is at present. Suzanne Lighton seconded the motion. It was voted upon and approved by a vote of 4-0-1 with. David Newbern abstaining. MINUTES It was requested that the minutes of the February 19, 1975 meeting be amended on Page 3 (Appeal No. 75-3) to read "the motion to deny the appeal was approved by a vote of 4-1" rather than 4-0. There was no other business. The meeting was adjourned at 4:25 P.M. Igo • • •