HomeMy WebLinkAbout1975-03-10 MinutesRai A
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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.
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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
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