HomeMy WebLinkAbout1977-03-21 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M., Monday,
March 21, 1977, in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Chester House, Mrs. Don Mills, Larry Smith, Dr. James White, David
Newbern, Richard Osborne.
Chairman Carl Yates.
Bobbie Jones, Angie Medlock, Scott Van Laningham, John M. Hopkins,
Clarence Young, Richard Milas.
In the absence of Chairman Carl Yates, Dr. James White served as temporary chairman
and called the meeting to order. Richard Osborne was not present at the call to
order.
The public hearing was opened on Appeal No. 77-1,
John M. Hopkins, 762 West North Street, on an
application to vary setbacks; or more specifically
he is requesting 121/2-15 feet front yard setback for
a canopy over gasoline pumps and the required setback is 20 feet.
John M. Hopkins was present to represent. The owner, Denny Tune, was out of town
but had sent a letter to the Board stating that Mr. Hopkins has his permission to
ask for the variance and that Mr. Tune had to be out of town on business.
Mr. Hopkins stated that he is asking for a canopy -type construction, primarily
for a safety factor, and to cover the gas island. He doesn't have any lighting
over the pump island now and he wanted to put florescent lighting inside the canopy.
He stated that the other types of lighting available wouldn't help the appearance
of the property at all. The canopy will be in the same type of roof as the
building is. It will hang over 6 inches on each side of the pump island and
will be 11 feet high. This will also help protect people from the weather.
He said he has bumper guards on each end and would put the canopy between the
bumper guards and the pump island. Mr. Hopkins said that there is 35 feet between
the pump island and the building.
Dr. White asked if the pump island was there from a previous owner and Mr. Hopkins
said "yes". Mr. Hopkins said the previous owner did not keep the station open at
night but he is open 24 hours a day. John Hopkins said there would be 51 feet from
the center of the right-of-way to the canopy. Bobbie Jones said the Arkansas
Highway Department plans for the intersection of North and Garland indicate that
at the west side of this property they will take 14.2 feet additional right-of-way.
At a point 293.3 feet east of that they will take 15 feet and then the line will
vary from 14 to 15 feet. Negotiations on the additional right-of-way have not been
settled yet.
Dr. White questioned where the pump islands are relative to the south part of the
church. John Hopkins said the building is approximately even with the church, but
it may be about 10 feet to the south. There is a driveway in between the church
and his building.
Dr. White asked Bobbie Jones if they are going to four -lane that part of North Street.
Bobbie Jones said the Master Street Plan calls for 80 feet total right-of-way but
the Highway Department will probably want more than that. Bobbie Jones said if
the Major Street Plan is wider, she has to figure setbacks by the Major Street Plan.
She said he is asking for 121/2-15 feet from the proposed right-of-way and it looks
like a variance of from 5-9 feet.
Dr. White questioned what the variance is from. Bobbie Jones said the most they
can require the setback from is the Master Street Plan unless the Arkansas Highway Depart
ment right-of-way has already been required: However, ifthe Arkansas Highway Department
APPEAL NO. 77-1
John M. Hopkins
762 West North Street
Rom
•
•
•
Board of Adjustment Meeting
March 21, 1977 -2-
has already acquired right-of-way wider than the Major Street Plan requirement,
the setback is figured from that right-of-way. Dr. White stated that he would
be at least 9 feet from the Master Street Plan.
David Newbern asked if there is anything unique about Mr. Hopkin's situation that
the Board of Adjustment should consider and commented that the enabling act provides
that the Board of Adjustment can provide a variance when there is anything unique
about the property, either physical characteristic of the land or the land adjacent
to it. Mr. Hopkins said "no". He said all he is asking for is something to go over
his pump island.
Dr. White asked when the station was built. Mr..Hopkins said all they did was build
a new building and a convenience food store and laundromat. Dr. White asked when
the pumps were put there originally and Mr. Hopkins said he didn't know when they
were built --he bought it last year.
Bobbie Jones said that the plat book indicates a 50 foot right-of-way for North
Street which was not centered on the quarter section line; 20 feet is on the north
and 30 feet is on the south. Running from the existing right-of-way, an additional
15 feet of right-of-way would be required.to comply with the Major Street Plan.
No one was present in opposition. The public hearing was concluded.
The public hearing was opened on Appeal No. 77-2,
St. John's Lutheran Church, 648 West Dickson Street,
on an application to vary setbacks, more specifically
they are requesting 22 feet 9 inches from the north
property line and the setback from an R district for an indoor facility, fully air-
conditioned is 50 feet, not fully air-conditioned is 100 feet. Bobbie Jones pointed
out that this had also been advertised to request a variance in parking; however, the
City Planning Commission approved off-site parking on March 14, 1977.
Richard Milas, President of the Administrative Board of the Church and Clarence Young
were present to represent.
Mr. Young said that in addition to the church sanctuary on this property, they have
a youth building, a record store, an ice cream parlor, three one -bedroom apartments
and in back of it is an old frame house which the church uses as an educational
building. They would like to be able to tear down the frame house and leave the
fire wall between what they would build and the commercial shops. They would like
to build a one-story masonry and steel building to replace it. Using the slope of
the land, they would be able to get a partial basement under it. He said the only
place it connects to another R-3 zoning district is a driveway section between the
two areas on the north edge. He mentioned that the Church has verbal permission
from the owner to use the area to the north as a parking lot. He stated that if
the Board did not grant the variance, they would leave the old house which is closer
to the line on one side than what they are proposing.to build. He also stated that
the present building is not as safe as the one which they are proposing. The Church
has felt that it is somewhat of a fire hazard. The City is penalized (in its fire
rating) to some degree because of the two-story frame building being in the fire
zone. Mr. Young stated that he feels it would be an improvement, even though they
cannot meet the 50 foot setback. They are clear everywhere except on the east side.
This has been used as an educational building for 20-25 years.
Bobbie Jones brought to the attention of the Board the following from the zoning book:
Article 7, Section 14: The following requirements apply to charitable,
cultural, educational, recreational, health, institutional, religious, social,
and similar non-residential facilities where permitted in or abutting an R
district. The Planning Commission may reduce these requirements after receiving
and reviewing a development plan under the provisions of Article 8-11 or
Article 8-12. Separation of structures or areas for uses listed above from
the nearest property in an R District shall be as follows:
APPEAL NO. 77-2
St. John's Lutheran Church
648 West Dickson Street
AI.
•
Board of Adjustment Meeting
March 21, 1977 -3-
All other indoor facilities: if fully air-conditioned, 50 feet; if not
fully air-conditioned, 100 feet.
Mr. Newbern said he would interpret it to say that you have to have a separation of
structures from the nearest property in an R district of 50 feet if the building is
air-conditioned. Mr. Young said that when the zoning law was passed it was a conglomorate
in that area because of the different uses, so he felt they probably just zoned it
R-3. Richard Milas said the white building had been divided into cubicles and housed
16 university students when the Church purchased it, so he felt that was why they zoned
it R-3. Mr. Young said that anything they do will definitely improve the property.
Mr. Young said he didn't know how you could ever build anything on the property
without a variance. If they tore the white house down, all they could do would be
to use it as a parking lot unless they had a variance.
Bobbie Jones said they would be meeting the R-3 setbacks if it were not for the
additional setbacks listed in Article 7, Section 14. She pointed out that the only
adjoining property to which this section pertained is to the north of the proposed
structure --the area to the east being zoned C-3 and the area to the west being zoned
P-1.
Dr. White asked Bobbie Jones if what( they are asking for is the difference between
22.9 feet and 50 feet and Bobbie Jones said "yes" and she added that if that portion
of the property tothe north were zoned either P-1 or C-3 then that section of the
zoning ordinance would not apply because it would not be abutting to property in
an R -district.
There was no one present to oppose the request.
The public hearing was concluded.
Mrs. Mills said she felt Mr. Hopkins has taken what has been APPEAL NO. 77-1
an eyesore on North Street and made an attractive little John M. Hopkins
•
shopping center but with the proposed widening and traffic, it 762 West North Street
will be a very dubious thing. They have had many accidents
there and the widening of the street won't help any.
David Newbern said they have a non -conforming situation with the pumps being where
they are and they have every right to continue to use it, but he questioned whether
the Board of Adjustment should do anything to enhance or increase the non -conformity
of the pump island. Mr. Newbern admitted it would improve the appearance. He
questioned how much of an improvement this would be. He said he was having trouble
seeing any justification under the Ordinance.
Dr. White asked if a permit would be required to put up any type of lighting and
Bobbie Jones said "no".
Bobbie Jones mentioned that the intersection of North and Leverett is going to be
fully signalized. Larry Smith said if the intersection is widened and the street
is widened and the canopy is built; if there is a problem he doesn't see that the
canopy is going to be adding anything to the already existing problem. He said if
it were a canopy with a 10 feet wide overhand on both sides it might add to the
problem but if they do widen the street and the canopy is to present a problem, the
whole pump island will need to come down.
Bobbie Jones said that under the existing plans to widen the street she doesn't think
they would require the pump island to come down because they are still leaving at
least 122 feet between the pump island and proposed right-of-way. She commented that
it would take another change in the plans for the intersection to take enough right-
of-way to take it down.
David Newbern made a motion to deny the variance because he doesn't find any real
basis under the law the Board has to work with to grant a variance even though he
does tend to agree that it would look better. He added that he agreed with all the
•
ci 2
•
•
•
Board of Adjustment Meeting
March 21, 1977 -4-
reasons Mr. Hopkins had stated but he did not think that they are the ones
the Ordinance and statute require.
Mrs. Don Mills seconded the motion.
The vote was 3-2-1, with Newbern, Mills, and White voting for the motion to
the request, Smith and House voting against, and Osborne abstaining.
Chester House made a motion to approve the variance for
St. John's Lutheran Church as it was presented to the
Board and stated he thought it had been explained quite
thoroughly to the Board.
David Newbern seconded the motion. He said it seems the Ordinance in this
so ambiguous that the Board doesn't really have any choice but to let the
do what they want to do and added that anytime an ordinance is as confusing
one is he would be in favor of granting a variance. He further stated that
would have preferred for this to be a question of interpretation because he
it is so ambiguous that they should rule in favor of the property owner.
The motion to grant the variance was passed 6-0.
deny
APPEAL NO. 77-2
St. John's Lutheran Church
648 West Dickson Street
case is
Church
as this
he
thinks
Dr. White asked Bobbie Jones to put on the agenda for the next meeting a•discussion
of the Rules of Procedure -- having to do with forms submitted by the applicant
that would comply with Rules of Procedure.
Bobbie Jones mentioned that the Rules of Procedure do allow for someone to request a
rehearing.. With one member absent and one member abstaining because he had not
been present during the public hearing, she thought this might be a good basis
for requesting a rehearing. Dr. White suggested she might inform Mr. Hopkins
of this.
The meeting was adjourn at 5:02 P. M.
q3
PAGE
1,3
•
1,4
5,6
5,6
7
9,13
11,14
12,14
12,14
12,14
13
16,23
19,23
20,23,24
29
31,38,39
32,33,35,38 Ridgeview Baptist Church (Appeal 76-16 - 1852 Huntsville Road)
33,34 Conlee Bodishbaugh (Appeal 76-17 - 2611 Elizabeth)
34,35,38
41,43,62
45
47
49,53
50,54
51,54
51,54
4,6 58,61
73%9,62
63,69
65,69
66,67
71,74
72,74
77,80
78,81
79,81,85
79,82
83,88
85,87
88
•
SUBJECT
A.P. Eason, Jr. (Appeal 76-1 - 1101 Trust St.)
Church of Christ (Appeal 76-2 - 310 W. Center St.)
Hugh Smith (Appeal 76-3 - 1165 Overcrest)
Carl Clark (Appeal 76-4 - 406 Mission Blvd.)
Peter G. Estes (Appeal 76-5 - 3118 South School)
Bogddy Arias (Appeal 76-6 - 113 Skyline Dr.)
Bill Hawkins (Appeal 76-7 - 3500 W. Sixth)
Town $ Country Properties (Appeal 76-8 - 2014 West Sixth)
C.D. & T S Const. for Jack Couch (Appeal 76-9 - 2808 Wyman Rd.)
Harold R. Fetter (Appeal 76-10 - 627 N. Leverett)
Donald W. Johnston (Appeal 76-11 - 1224 Lindell Ave.)
Bogddy Arias (Appeal 76-12 - 113 W. Skyline)
Housing Authority, City of Fay. (Appeal 76-13 - 10 South Willow)
Dr. J. B. Hays (Appeal 76-14 - 1140 North College)
Kenneth $ Evalena Boothe (Appeal 76-15 - 2820 Old Farmington Rd.)
First Federal Building (Appeal 76-19 - P.O. Box 4217)
90,92,97,98
91,93
94,96
95,96
97
98,100
Dr. Hays (Lifestyles, Inc. - 1140 North College - Appeal 76-18)
Herbert Hatfield (Appeal 76-20 - 117 $ 123 No. College Ave.)
Rules of Procedure Board of Adjustment
David Swenson (Appeal 76-22 - 810 S. Washington)
George E. a Bobbie N. Templeton (Appeal 76-23 - 2310 Winwood)
Fayetteville Waste Paper Company (Appeal 76-24 - 13th St. and Warford Dr.)
Lonzo Ritchey (Appeal 76-25 - 1414 So. Washington)
Dr. John Andre (Appeal 76-26 - 1333 Mission Boulevard)
Robert L. Younkin (Appeal 76-27 - 10 West Bishop Dr.)
Ronnie G. Sherwood (Appeal 76-28 - 130 North College)
Kyle Shackelford (Appeal 76-29 - 227 West Dickson St.)
Robert D. Schmickle (Appeal 76-30 - 740 Broadview Dr.)
John R. Locke (Appeal 76-31 - 823 W. Center St.)
Hanna Marine, Inc. (Appeal 76-32 - 600 West Sixth St.)
University Baptist Church (Appeal 76-33 - 315 West Maple St.)
Jess Hawkins (Appeal 76-34 - 2700 Block of Wyman Rd.)
W.A. Emerson (Appeal 76-35 - 617 North Walnut St.)
J.B. Hays (Appeal 76-36 - 1915 Green Acres Rd.)
Exie Hardy (Appeal 76-37 - 573 N. Walnut St.)
Ken Lazenby (Appeal 76-38 - E. Farmers Dr.)
Herbert Hatfield (Appeal 76-39 - 117 $ 123 N. College)
Rules and Procedures
,99 John M. Hopkins (Appeal 77-1 - 762 West North St.)
St. John's Lutheran Church (Appeal 77-2 - 648 West Dickson St.)
Dave Tackett (Appeal 77-3 - 400 N. College Ave.)
Mrs. Velma Best (Appeal 77-4 - 679 Assembly Dr.)
Rules of Procedure
Doris McClelland - The Farmer's Daughter (Appeal 77-5 - 2583 Johnson Rd.)
100 Letter from Velma Best
100 Letter from Board of Directors
100 Rules of Procedure
102 Bryce J. Davis (Appeal 77-6 - 2365 Hatfield Dr.)
104,107 William Weston Rogers (Appeal 77-8 - 990 Company St.)
105,108 Kelley Bros. Lumber Co. (Appeal 77-9 - 2194 Lisa Lane)
.106,108 Bill Imler (Appeal 77-10 - 217 East Baxter Lane)
106,108 Herbert Hatfield (Appeal 77-11 - 117 F, 123 North College)
107,109 Maurice Jennings (Appeal 77-12 - 112 West Lafayette)
110,112,114 C.E. Stamps (Appeal 77-13 - 730 Mission Blvd.)
DATE
03-08-76
03-08-76
03-22-76
03-22-76
03-22-76
04-19-76
04-19-76
04-19-76
04-19-76
04-19-76
04-19-76
05-17-76
05-17-76
05-17-76
06-07-76
06-07-76
06-21-76
06-21-76
06-21-76
08-16-76
08-30-76
08-30-76
09-20-76
09-20-76
09-20-76
09-20-76
10-04-76
10-04-76
11-01-76
11-01-76
11-01-76
11-15-76
11-15-76
12-06-76
12-06-76
12-06-76
12-06-76
12-20-76
12-20-76
12-20-76
03-21-77
03-21-77
04-04-77
04-04-77
04-04-77
04-18-77
04-18-77
04-18-77
04-18-77
05-02-77
06-06-77
06-06-77
06-06-77
06-06-77
06-06-77
06-20-77
PAGE
110,112
12,113
115
117,118
117,119
119
SUBJECT
Shipley Baking Company (Appeal 77-14 - 313 West Dickson)
Shenandoah Mobile Home Park (Appeal 77-15 - Hwy 16 Bypass)
Essie I. Padgett (Appeal 77-16 - Hwy 16 East)
Ernest R. Coleman (Appeal 77-17 - Rolling Meadows Ph. II)
Lorraine Schmitz Myers (Appeal 77-18 - 3455 City Lake Road)
Wells Bone (Kelley Bros. Lumber Co.)
120 Election of Officers
121,122 Gerald Salsbury (Appeal 77-19 - 3125 Pawnee Court)
121,122,124,126 Thomas W. Jones (Appeal 77-20 - 2557 Stanton Ave.)
124,126,130 Leo Peel (Appeal 77-21 - N. College Ave.)
128,129 H.H. Hudgens (Appeal 77-22 - 833 Hall Ave.)
128,130 R.H. Mayes (Appeal 77-23 - 415 South Church)
131 Letters from Vol Lester
132,134 Dr. Sabra Stair Hassel (Appeal 77-25 - 829 Pollard Ave.)
132,134 James January (Appeal 77-26 - Ozark Floor Company)
134,135 Bobby Odom (Appeal 77-28 - Leverett 4 Douglas)
136,138 L.B. Granata - Ozark Bowling Lanes (Appeal 77-29 - 2300 North College)
138 Timothy Wilson (Appeal 77-30 - Brophy's Addition)
140,143 Sylvia Brooks (Appeal 77-31 - 2650 Huntsville Rd.)
140,142 Fulbright Investment Co. (Appeal 77-27 - Hwy 62 West)
141,143,144,146 Vernon Wilson (Appeal 77-32 - 1120 Lindell)
144,146 Thomas M. Glenn (Appeal 77-33 - 20 North School)
145,146 Wo Chuck Development (Appeal 77-34 - 339 Combs Ave.)
147,148 City Lumber Company (Appeal 77-35 - 1100-1204 S. School)
147,149,150 First National Bank (Appeal 77-36 - Hwy 45 East) & Page 151
148,149,150 Donald Roller Wilson (Appeal 77-37 - 651 Wilson Ave.)
•
•
DATE
06-20-77
06-20-77
07-18-77
08-01-77
08-01-77
08-01-77
08-01-77
08-15-77
08-15-77
08-29-77
09-19-77
09-19-77
09-19-77
10-03-77
10-03-77
10-03-77
10-17-77
10-17-77
11-07-77
11-07-77
11-07-77
11-21-77
11-21-77
12-05-77
12-05-77
12-05-77
D
1977 BOARD OF ADJUSTMENT ATTENDANCE RECORD
0
0) O
N C) N y O 0
N
rti 0
al td
U Yr
N 4+
N .4
FOi - $ C)
_4 0
cd N -.t N
,t -
♦l
1
March 21, 1977
-
X
X
X
X
X
X
April 4, 1977
X
X
X
X
X
X
April 18, 1977
X
X
X
X
X
X
X
May 2, 1977
X
X
X
X
X
June 6, 1977
L
X
X .
•.X
X
.X
X'
June 20, 1977
- X
X
X
X
X
X
June 27, 1977
X
X
X
t X
X
X
X
July 18, 1977
-
X
X
."..X .
. X .
X
X
August 1, 1977
X
X
X
X
X"
X'
August 15
X
X
X
X
X
X
August 29
X
X
X
X
X
X
X
September 19, _1977 .. -
-
X
X
X
X
•X
X
X
October 3, 1977
X
X
. X.
X
X
October 17, 1977
-
X
X.
X
X
X
X
X
November 7, ]977
X
X
X
X
X
X
X
November 21. 1977
X
X
X.
X .
_ X
X.;
_
-
'
-.
- -,..,-,.:_:
.. -
_
p-
,
1f •r
-.
,7
!
-
r
- - -
_. .. ,.
,�
•
.. _�
_
t
-
a
..
.-
, ..
_G. [..• - ... _
,
-
...
-
.
,t -
♦l
1