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HomeMy WebLinkAbout1975-09-22 Minutesn MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held -at 3:55 P. M. Monday, September 22, 1975, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Suzanne Lighton, James White, David Newbern. MEMBERS ABSENT: Chairman Carl Yates, Connie Clack. OTHERS PRESENT: Ray McElhaney, Anthony Latrechia, Attorney Marshall Carlisle, T. Ewing Shelton, Don Fitzgerald, Conlee Bodishbaugh, George Shelton, Bobbie Jones, Janet Bowen. In the absence of Chairman Carl Yates, Vice -Chairman James White called the meeting to order. Mr. White stated that it had been requested by the applicant to withdraw on Appeal No. 75-27, Jim Powell, 636 West Maple. APPEAL NO. 75-28 Ozark Bowling Lanes 2300 N. College Ave. The first item for consideration was Appeal No. 75-28, Ozark Bowling Lanes, 2300 North College Avenue, on an application to vary parking requirements. Within this property is the bowling alley, a proposed private club, offices, retail sales, and a restaurant all requiring by ordinance a total of 293 parking spaces plus. Ozark Bowling Lanes is requesting to have a total of only 152 parking spaces. Anthony Latrechia (owner), building contractor Ray McElhaney, and Attorney Marshall Carlisle were present to represent. Mr. Carlisle said 6 parking spaces per bowling lane were required by ordinance. He said both the retail establishment and the office on this property closed prior to 6:00 P. M. while the bowling alley 's busiest hours were in the evening. He said all the property shown on the plat is owned by all or part of the same people and that Ozark Bowling Lanes has 9 stockholders. Therefore, there was no problem about devoting the parking spaces of the other properties for the bowling alley. He said Ozark Bowling Lanes was trying to add some additional lanes but got into a parking problem because it gt involved with the other adjoining buildings on the "community" aspect of it. He said there was not an overlap in the usage of the parking spaces of these other three businesses since they did close at an earlier hour. Building contractor Ray McElhaney said it was proposed to add an additional 8 lanes to the bowling alley to begin with (making a total of 32 lanes) and later add another 8 lanes which would total 40 lanes; however, the "future parking" shown on the plat would be completed by -the time these last 8 lanes were completed. He said part of the hillside would have to be removed to allow for this parking. Mr. Carlisle pointed out that the 240 required for the bowling included the addition of these last 8 lanes that were proposed. Mr. Anthony Latrechia (owner) said they planned to build 8 lanes at present and if this worked out they would add the other 8 lanes later. Mr. Carlisle said the parking lot of Ozark Bowling Lanes had never been full and that was why he questioned the requirement of 6 spaces per bowling lane. He said most of the bowling was in teams and apparently they did not come in separate cars. He said they were actually requesting 3 spaces per lane as opposed to the required 6 per lane. Mr. McElhaney added there were 5 people per.lane bowling in league bowling. Mr. Latrechia said the bowling lanes were the busiest from approximately 6:30 to 11:00 P. M. Miss Lighton asked if the Planning Commission had approved the off-site parking and 115 Board of Adjustment -2- September 22, 1975 David Newbern commented that he did not consider this offsite parking.. In answer to David Newbern's question, Mr. Latrechia said the parking lot for the bowling alley had been full at times but cams did not have to drive around to look for parking spaces because of the parking at the other businesses.- He said people coming to the bowling alley could parkon that side of the highway. He also told the Board of Adjustment that the manager of Bonanza had told him they could use their parking spaces after about'7:30 in the.. evenings. and that they had a written 10 year agreement to use each others parking. Bonanza uses bowling parking during the day time. He also said they rented the parking spaces behind Gallery of Homes and they had a legal right to use the Gailay of Homes parking as long as the bowling alley was there. Mr. McElhaney and Mr. Latrechia said there were parking spaces around BSC Audio and Gallery of Homes that were not shown. In answer to Mr. White's question, Mr. McElhaney said the seating capacity for the restaurant was less than 1,000 square feet. This would require 5 parking spaces. Planning Administrator Bobbie Jones asked what the rest of the building would be used for if the last 8 additional lanes were not constructed. Mr Latrechia said probably storage or they might put some more vending machines in there. Mr. McElhaney said Mr. Latrechia might want to put in a nurserylater on or have room for more lockers. Vice -Chairman White said the parking requirements would figure out as follows: 192 - Bowling Alley (6 per lane for 32 lanes) 17 - Gallery of Homes (offices) 6 - Private Club 30.- BSC Audio 5 - Restaurant 250 - Required Mr. Carlisle said this would be 256 with the 42 new spaces. Mr. McElhaney said they felt that by making some changes on the South end of the parking lot they would have room for 42 more parking spaces. Mr. White said there were 224 parking spaces shown altogether stretching from Bill $ Tony's Liquor Store to the North to BSC Audio to the South, and with the additional 42 parking spaces they say ' they can get, it would be 266. Mr. White said if the 72 parking spaces shown for Bonanza, Taco Grande, and Bill and Tony's Liquor Store were subtracted they would end up with a possible parking space count of 194 and this would be 56 spaces short of the requirement. Therefore, the Board of Adjustment was being asked to vary the parking requirements by 56 spaces. Mrs. Jones said she would need to know where these parking spaces which were not shown would be located. In answer to David'Newbern's question, Planning Administrator Bobbie Jones said they would have to have a building permit before they could build the other 8 bowling lanes(to make a total of 40 lanes) and The Board agreed they would have to come back before this Board on the parking at that time. There was no further discussion. No one was present to oppose the request and the public hearing was concluded. APPEAL NO. 75-28 The next item for consideration was Appeal No. 75-28, First FirsfNational Bank National Bank, 703 West Dickson Street (University and Dickson), 703"W. Dickson Street on an application to vary setbacks. They are requesting a 201 foot setback from the street right-of-way of University. A zoning setback from University Street right-of-way without parking between a building and right-of-way is 5 feet plus a Major Street Plan setback. of 221 feet making a total required setback of 2711 feet. The Board of Adjustment may vary no more than the 5 foot zoning setback. Planning Administrator Bobbie Jones said only the Board of Directors had the authority to waive the Major Street Plan setback. Board of Adjustment -3- September 22, 1975 David Newbern, stated he could not vote because of conflicting interests since his wife is a stockholder in this bank. .He said he had not been aware that only three Board members- would be present at this meeting. Mr. Shelton and Mr. Fitzgerald said they would like to explain what the problem was even though consideration on the matter could not be taken up at this meeting. They said the building itself was alright, but the canopy they proposed to put up would extend 2 feet into the Major Street Plan setback. After some discussion, Mr. White and Miss Lighton suggested that they go before the Board of Directors to get .711 foot variance of the Major Street Plan requirements. They explained that the only thing this Board could waive would be the 5 foot zoning setback requirement and they would have to go before the Board of Directors for the rest of it anyway. Mr. Shelton and Mr. Fitzgerald agreed it should just be taken before the Board of Directors. Mr. Shelton said this would not hold up construction any since it would be some time before they get to this part. Planning Administraror Bobbie Jones explained that they had a building permit for the construction they were presently doing on the bank. She then asked the Board of Adjustment about the possibility of the Board of Directors not waiving the full setback. Miss Lighton said if the Board of Directors did not waive the full 71 feet they could again come before the Board of Adjustment on the 5 foot zoning setback when the Board meets October 13. There was no further discussion. Vice -Chairman White then opened the public hearing on Appeal No. 75-30, APPEAL NO. 75-30 AMC, Inc., 2210 South School Avenue, on an application to vary AMC, Inc. setbacks. They are requesting a 36 ft. setback from the right-of-way 2210 S. School Avenue of 22nd Street. The required zoning setback is 50 feet and with the Major Street Plan setback 20 feet, the total required setback is 70 feet. Mr. Conlee Bodishbaugh was present to represent. He said they were basically mechanical contractors that,went into business in Fayetteville in 1968. He said they had tried to improve and modernize their facilities there. Two years ago they built the existing storage building and the next phase that was essential to their company was to expand their office facility in order to increase the estimating, clerical and drafting capabilities. He said this would replace the existing office which is 72 feet off the right-of-way of Highway 71. He said an old building now being used fpr storage would also come downand be replaced by the new structure. He said they were showing a.30 foot setback on the South side of the office and stated that this should be on the East end of the proposed office. There is only 25 feet at the West end which is the minimum setback allowable. He said they had endeavored to lay this out in several ways in order to get the necessary square footage and to get the necessary traffic flow. He said this one was a compromise which was not to their best liking but was the minimum they could go with and continue to operate with. He said he also wanted to point out that the old storage building on the North side of the property near the center was 8 feet closer to the street now thanthe proposed office would be; also the building now being used for an office was in violation of the setback on the South side. Mr. Bodishbaugh said this would be a vast improvement appearance wise. He said they have to operate somewhat with a material yard in that type of business. He said they were trying to locate the buildings and leave some existing trees in that would screen the raw storage from the highway. The lay of the land is such that they would basically have the buildings at the top of the hill and most of the storage would be down behind the hill. He said there were some concrete pads and some gravel pads that were there just to keep their materials off the ground. mit A Board of Adjustment -4- September 22, 1975 Mr. Bodishbaugh_said.22nd Street ended at the City's pump station and.he could not understand,why:it would.be widened, Miss Lighton'agreed with -this. Planning Administrator Bobbie Jones said it was proposed to bear Northward and extend to Pump Station Road. Mrs. Jones then commented that she could not find anything in the ordinance that called for -screening of the materials that were stored from the residential district to the East. She told Mr, Bodishbaugh if she did find such are- quirement they would have to provide the screening. Mr. Bodishbaugh said that they would, that they wanted to comply with the requirements of the ordinance. In conclusion, Mr. Bodishbaugh said he would appreciate their consideration and that AMC was aware that the variance seemed.to be a large one in numbers of feet but they felt it was essential to do this in order tomaintain their location. He said they believed it would be an improvement to the neighborhood as well as enhance their own operation. There was no one present to oppose the request and the public hearing was closed. APPEAL NO. 75-28 AMC, Inc. David Newbern moved to grant the request on Appeal No. 75-30, AMC, Inc. as submitted. Suzanne Lighton seconded the motion which was approved unanimously. APPEAL NO. 75-28 Vice -Chairman White said they were being asked to waive a total Ozark Bowling Lanes of 56 parking spaces if they looked at it in toto, but if they looked at it after 6:00 P. M. they were being asked to waive 9 parking spaces. •, David Newbern said he guessed he should be impressedly their right to be able to use other people's parking, but stated that all of these uses could change over night.and the office space could change to another use that would require more parking spaces. He also said Township Road was a bad intersection. However, he stated he was sympathetic to the argument that these other spaces were available after 6:00 P. M. Miss Lighton commented on the written contractual agreement on the parking that both parties could agree to cancel the lease. Mr. Newbern commented that if in the future they do add 8 more lanes for a total of 40 lanes-, they will either have to provide the parking or come back to the Board of Adjustment for another variance. Mr. Newbern felt that in making a decision on this they should take into consideration the possible different uses for the other buildings in the future. He said he felt he could not consider approving this without conditioning it on them going ahead and putting these additional parking spaces in.(33 proposed shown on the drawing plus 42 they said they could provide.). Mr. Newbern felt that their presentation should have been more complete and the parking spaces around the other buildings that they mentioned were not shown and should have been shown on the drawing. After further discussion, David Newbern moved to grant the request on the condition that the additional 42 parking spaces are constructed in conjunction with the proposed immediate addition of the 8 bowling lanes. The motion, seconded by Miss Lighton, was approved unanimously. Mr. McElhaney .t"hen commented . that they did not show these other parking spaces because they were not marked off withlines for parking. David Newbern moved to accept Mr. Powell's request to withdraw - APPEAL NO. 75-27 • on Appeal No. 75-25. Jim Powell Miss Lighton seconded the motion which was approved unanimously. Board of Adjustment -5- September 22, 1975 MINUTES David Newbern moved to approve the minutes of the August 29 and September 8 Board of Adjustment meetings. Suzanne Lighton seconded the motion; the motion was approved unanimously. There was no further discussion. The meeting was adjourned at 5:07 P. M. 199 1 • •