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HomeMy WebLinkAbout1976-08-16 Minutes• • • MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M., Monday, August 16, 1976, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Carl Yates, Connie Clack, David Newbern, James White, Chester House, Larry Smith (New Board Member), Mrs. Don Mills (New Board Member). MEMBERS ABSENT: OTHERS PRESENT: None. Attorney Erwin Davis, Mr. Herbert Hatfield. Chairman Carl Yates called the meeting to order. The public hearing was opened on Appeal No. 76-20, Herbert Hatfield, for property located at 117 and 123 North College Avenue, on an application to vary setbacks. APPEAL NO. 76-20 Herbert Hatfield 117 ? 123 No. College Ave. Mr. Herbert Hatfield was present to represent this appeal Mr. Hatfield said that he now owns the property of the Old Nelson Funeral Home and Bob Stout's Phillips 66 gas station. These lots are the same size. He said that he wants to make another set of gasoline pumps and a canopy on the Nelson property to align with the ones already at the Phillips 66 station to the North. He will put these at the North side of the Nelson property; that will leave greater distance between pumps and the old bus station, to the South. Mrs. Clack asked if the parking was to be in the back. Mr. Hatfield said that he would lower the grade of the lot to match the grade of his property to the West and would put in parking South and West of the present building. He said that there will be no new building. All he is doing is putting in the pumps and canopy there. Chairman Yates asked if the bus station sets clear on the right-of-way. Mr. Hatfield said that it sets about 5 or 6 ft. off tli'e.right-of-way; they would be considerably behind it. Mr. White asked Mr. Hatfield what width of curb cut (driveway) he planned. Mr. Hatfield said he proposed no changes, but would just put in new paving. Mr. Hatfield said it is all open across the front of the Nelson lot, but there would be a safety zone where the sign is. Mr. Newbern asked Mr. Hatfield what he plans to do if he is denied this variance. How would he use this property? Mr. Hatfield said that it would be used for parking only. This would be turned into parking area for his other business in this block. Chairman Yates wanted to know if the total width of the two lots was 150 ft. Mr. Hatfield concurred with this. Mr. Newbern wanted to know if this would be his customer's parking on this property. Mr. Hatfield agreed. Mr. Hatfield said that it would not be for public parking; there will be enough room for about 75 cars. Mr. Newbern said that the Ordinance that the Board of Adjustment deals with sets a standard that requires them to ascertain if there is any particular hardship involved in the property and whether the variance, if granted, would 41 A • • • Board of Adjustment -2- August 16, 1976 be consistent with the overall intent of the Ordinance that requires these setbacks. Mr. Hatfield said that he would not be able to continue to operate the station as a "station" without the variance. He said that he is currently operating at about a $5.00 loss per day, just to keep it and maintain it. He said that if he could not put in self-service pumps, the whole thing would have to come down, there would be no way they could handle it; it would not be profitable -- there would be a constant loss. Chairman Yates wanted to know how long Mr. Hatfield has owned the Bob Stout property. Mr. Hatfield said that he bought it about a month ago. This ground has to be excavated down and paved to make a parking area. He said that he planned to use the existing parkway along Spring to make Spring Street about 5 ft. wider. He will make provisions for. the City to blacktop this. It will be widened to the telephone company alley. Chairman Yates said that it seems that if he could have an access to Spring Street, on the back of the property, it would take some traffic off College. Mr. Hatfield said that he would not consider this. Mr. Erwin Davis was present. He said that he has recently purchased the old bus station to the South. There is a common boundary approximately 149 or 151 ft. between his property and the property subject to this hearing. He said that he can appreciate Mr. Hatfield's desire to improve this land. He added that he had stepped off the distance and the actual distance seems greater than the distance indicated in the request. It is known that there is a curb between the properties that stops about 10 or 15 ft. from the roadway. He said that, he could see people cutting across the corner of his property; he wants to make sure that the public traffic is not anticip- ated in crossing his parking lot. He said he thought there was a curb across the front of the Nelson property. He also said that he would fully support a move for the variance. He agrees with Mr. Hatfield's opinion that other gas stations, along College, have pump stations and canopies about the same distance. He said that the old bus station parking lot is 65 ft. wide by 140 or 150 ft. deep, and he intends to leave it as a parking area. He does not think the placement of a canopy and pump island would inhibit his parking lot. Mr. White said that he wanted to know where Mr. Hatfield will put this proposed pump island and canopy. Mr. Hatfield said that it would be at the North edge of the Nelson property, and the South edge of his canopy will be about 35 ft. North of his South property line (the bus station property line). Chairman Yates wanted to know if the maximum width of a driveway for a service station was 40 ft. Mr. Hatfield said that he could live with a 40 ft. driveway on the South end Bobbie Jones said that any changes in curb cuts would have to have a permit issued by the Arkansas Highway Department and applied for through the City Engineer's Department. The City Engineer will usually start the driveway 122 feet from the South property line. Mr. Hatfield said there had been a curb across the front of the lot at one time, but that it was old and had deteriorated and crumbled out. Mr. House said that on'the-75 ft: lot, if you start a 40 ft. driveway 122 ft. from the South property line, the traffic would have to come out in front of the Phillips 66 station. Mr. White wanted to know why he could not extend the pump island and 49 Board of Adjustment -3- August 16, 1976 canopy, that is already on the Phillips 66 service station. Mr. Hatfield said that it would block access to his service bays. Chairman Yates agreed with this statement. Mr. Davis wanted to know, architecturally, what the canopy would resemble. Mr. Hatfield said that it would completely match the existing canopy on the Phillips 66 station. Mr. Davis said that he would favor a vote allowing Mr. Hatfield a variance. Mr. Hatfield said that if he is not granted a variance, there will be a lot of space to be wasted, because he will just leave the property as it is for the time being. The public hearing was concluded. Mr. Newbern said that, previously, Mr. Hatfield APPEAL NO. 76-20 had said earlier in the meeting that he would Herbert Hatfield convert this into parking space, if the variance 117 $ 123 No. College Ave. was denied. Now, he has just said that there would be a lot of space to be wasted. Mr. Newbern said that he doesn't see anything about this property that is any different from other pieces of property along College Avenue. There is nothing about it that is unique. Mr. Newbern said he is feeling stronger and stronger about the statement in the Ordinance that the Board's action should be consistent with the purpose of the Ordinance. The Ordinance does say that the Board should not do anything that will prejudice owners. Mr. Newbern said the only thing he could see that Mr. Hatfield has "going for him" is that the other filling stations along College are all out to that point. Mr. Smith said that he feels that what Mr. Newbern said is correct, except for one minor point ---the existing project might be grounds to grant this variation. Chairman Yates said that the Board has some leeway. The present situation does not meet the 25 ft. setback from the M.S.P. on the pump island. He said that he would be inclined to grant a variance. Mrs. Mills said that if they continue to let people move closer to the Highway, then they would have a vested interest. If the City ever decides to widen the street to meet the M.S.P., the fewer people affected the better off we will be. She cannot see why he cannot move the pump island back. Mr. House said that he would like to see that island running East and West, instead of North and South, and have "in and out" off Highway 71, and "in and out" off Spring. Mr. White said that he is going to be in trouble turning traffic off Hwy. 71. Mrs. Mills said that he is going to have trouble on Spring, too. Mrs. Clack said that she is in general agreement with David Newbern's views about usurping legislative duties. However, she doesn't see any harm, except for traffic. Mr. Newbern said that he is troubled about this. He feels that the only reason to grant the variance would be to keep the appearance the same as it is now or the same as it is up and down the street. He cannot reconcile this with the M.S.P. Why have the M.S.P. if the Board of Adjustment is going to grant a variance to anyone who wants to keep the property "the same as it was before." Mr. White said that he does not know where Mr. Hatfield proposes to put this; he probably has not planned for curb cuts. Several members commented about the lack of a detailed plot plan, including driveways, etc. Chairman Yates said that he has been thinking that the Board of Adjustment should have a document printed up from this Board, which would tell how the Board of Adjustment -4- August 16, 1976 Board feels about these things. There should be requirements, for information to be submitted. Chairman Yates requested that Mr. Newbern and Mr. White draft a document that would tell what the standards would be. Mrs. Clack said that she would nominate that a drawing, drawn to scale, be one of the requirements. Mr. White said that there is just not too much room with 75 ft. Mr. Newbern said that he is still confused about the first remark Mr. Hatfield made that if the variance was not granted, it would be "parking", and the second time he remarked that he would "leave it the same as it is now." Mr. House said that he had been informed that Mr. Hatfield had buried the gasoline tanks before an inspection was made and they then had to be uncovered and tested. He also said that the curb in front of the old Nelson Funeral Home has been torn down, and it was not "deteriorated" in any way. He said he was not in favor of a variance. Mr. Newbern then moved that they deny the variance. Mr. House seconded the motion, which was approved unanimously by a vote of 7-0. Chairman Yates asked if Mr. Newbern and Mr. White would like to suggest that -Mr. Hatfield ask the Planning Commission if they would consider an amendment to the Ordinance. Mr. Newbern concurred. Mrs. Clack asked that a statement that she had made at MINUTES the July 9, 1976 meeting, which was not included in the minutes, be added. The statement was in the effect of : "I cannot see any essential difference in permitted use as motel between renting to students for an extended period, and members of Life Styles, Inc." Mr. White mentioned that the dates on the various pages do not agree, and that on Page 5, third line from the botton--"no only" should be "not only." With these corrections, the minutes of the Board of Adjustment meeting of July 9, 1976, were approved as mailed. David Newbern said that he will wait until the August 30, 1976 meeting to discuss the "Rules and Procedures" of the Board of Adjustment. The meeting was adjourned at 4:58 P. M. OTHER BUSINESS yy J