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HomeMy WebLinkAbout1977-04-04 Minutesi • • MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 3:45 April 4, 1977, in the Board of Directors Room, Chamber of Commerce Street, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: P. M., Monday, , 123 West Mountain Chairman Carl Yates, Chester House, Mrs. Don Mills, Dr. James White, Richard Osborne. David Newbern. Larry Smith, Bobbie Jones, Angie Medlock, Attorney Pete Estes, Jr., Scott Van Laningham, Velma Best, Dave Tackett, and other unidentified persons. Chairman Carl Yates called the meeting to order. The public hearing was opened on Appeal No. 77-3, Dave Tackett, APPEAL NO. 77-3 400 North College Avenue, on an application to vary setbacks, Dave Tackett or more specifically, he is asking for a 46 feet front yard set- 400 N. College Ave. back from Lafayette Street and the required setback including allowance for the Major Street Plan, is 58 feet. Dave Tackett was present to represent. Dave Tackett said he had bought the property from Mobile Oil and needs more working space He only has 30 feet by 60 feet of work space now for automobiles and would like to build a four -bay shop behind so he would have more room. He will have the same type construction as he has now (concrete block). He is not planning to build any closer to Lafayette than the present building. The proposed addition would be about 12 feet from the east property line. It will be a nice, concrete block building. He will then have five working bays in back, two in front and a double pump island in the front. Chairman Carl Yates asked Bobbie Jones if there is any trouble with the parking and Bobbie Jones said he has to have one parking space for each 600 square feet of floor space for the automobile repair shop and the service station has to have 80% of the lot not covered by building paved. Mr. Tackett said he has off-site parking for his personal cars and has 100% of what is not occupied by buildings now paved. Dr. White asked if the service bays would open to the south and Dave Tackett said "yes". The door will be facing Lafayette. On the east side they will have a four foot door. Larry Smith asked Dave Tackett if this would be a body shop and Dave Tackett said it would be for overhaul, alignment, etc. Richard Osborne asked about the setback from Highway 71. Dave Tackett said they would be further back with their working area than IGA, Road Runner Gas, or Safeway. He stated that he does have permission from Mr. Al Wilkins (next door) to use his parking area behind his building when necessary. Richard Osborne asked Bobbie Jones if she had heard from Mr. Taylor, the adjoining property owner and Bobbie Jones said "no". Dave Tackett said he is in the process of buying Mr. Taylor's property. Richard Osborne asked how close this will be to Mr. Taylor's property line and Dave Tackett said it would be 11 feet, 8 inches. Chairman Yates said Mr. Taylor's property is zoned C-2, but the property east of his is zoned R-1. Bobbie Jones said the R-1 zone would have a 33 feet setback from Lafayette. Chairman Yates asked how long ago Dave Tackett had purchased this property and Mr. Tackett said he is in the process of purchasing the property now. Chairman Yates asked Mr. Tackett what he would do if the variance were not granted and Mr. Tackett said he would go ahead and purchase the property even if he doesn't get the variance. He would build the building back the additional 12 feet. Richard Osborne asked what he is proposing for Mr. Taylor's property and Mr. Tackett said it would be rental property. • • • Board of Adjustment Meeting April 4, 1977 Larry Smith asked about the side yard setback and Bobbie Jones said there is none in C-2 other than what the building code needs for the fire zone. Dave Tackett mentioned that he had donated to the City 4711 square feet off the corner for the widening of College Avenue. Dave Tackett said if he didn't get the variance he would only have three working spaces rather than five or six. He said the present building doesn't go all the way to the North property line --it lacks four feet. Dave Tackett said you need 15 feet for each car. If he goes all the way to the east, he would only have three working spaces. He can angle park with the variance and get five working spaces. Dave Tackett mentioned that Richard Osborne's firm (Niblock $ Odom) is handling the purchase of the property for him and Richard Osborne stated that he is going to go ahead and vote on the matter because the title opinion is already through. Dave Tackett said he feels his building will be an addition to the City. They are going to build a nice building and they need the space to work in. Many garages in this area have gone out of business and Fayetteville needs the shop to furnish the work which is needed. There was no one present to oppose the request. The public hearing was concluded. The public hearing was opened on Appeal No. 77-4, Mrs. Velma APPEAL NO. 77-4 Best, 679 Assembly Drive, on an application to vary setbacks; Mrs. Velma Best or more specifically she is asking for a front yard setback of 679 Assembly Drive 14 feet and the required setback would be 35 feet, including 10 feet for the Major Street Plan. Mrs. Velma Best was present to represent. Mrs. Best said she does live almost right on the highway. They don't have any real close neighbors and she wants the carport for protection of the house and the car from the weather. She mentioned that this winter she couldn't go out either the front door or the basement door. She apologized to the Board and said she was ignorant .of the fact that she would have to get permission for the carport. She said she doesn't think the carport will interfere with anything. Mrs. Don Mills asked if Mrs. Best still has the apartment in the garage and Mrs. Best said she had bought the home in 1948 and her understanding is that the apartment on the side of the house was built when the house was built. She said she had asked some of the neighbors if this was ever a garage and they didn't know. She said the driveway is to the side but the front porch is nearly on the street. Chairman Yates said it appears that the'corner of the house is not a lot farther from the right-of-way of Assembly than the carport would be. Chairman Yates asked if this is going to be an aluminum carport and Mrs. Best said "yes". She said it will just be a cover, it will not be closed in. Chairman Yates asked Mrs. Best if anyone in the area objects and she said she hadn't heard anything about any of the neighbors objecting. Chairman Yates asked Bobbie Jones what the setback requirements would have been in 1958 and Bobbie Jones said she wasn't sure; she said she thinks this may go back further than the last previous zoning ordinance. The Ordinance prior to this one allowed a lesser setback from a side street than from the main street but the present Ordinance does not. Bobbie Jones said there should be six lots between the unopened portions of Company and Trust Streets and the map the Board has only shows five. Dr. White asked if this is a state highway and Bobbie Jones said "yes". Our map shows it as a collector street and would require a right-of-way of 60 feet. She did not know what the State would require. Chester House said he didn't think there would be any improvements on this street in the future. Bobbie Jones said she didn't know for sure if the property line was the brick wall or the pavement. Mrs. Best said the measurements were taken from the ditch. She said the front porch is only about 12 feet from the street. There was no one present to oppose the request. The public hearing was concluded. 615 Board of Adjustment Meeting April 4, 1977 -3- Mrs. Mills stated that College and Lafayette is another APPEAL NO. 77-3 • intersection where traffic is a big problem. She said Dave Tackett she really can't see a reason for the variance other than 400 N. College Ave. one of convenience for Mr. Tackett. The traffic through there is bad and it is going to get worse. Dr. White said the building could be turned to the east and have three or four doors opening to Lafayette. He could meet the setback requirements this way. Dr. White said he can build something without a variance. Richard Osborne asked if he would be entering the building from the south. Dave Tackett said they would have to go in from the south and angle to the right. This way they would have only one door. Richard Osborne asked if he could build it to the east and Dave Tackett said the difference is that when you have to have a 10 foot door and space in between for the structure to hold the door up. You only end up with 39 feet. Dr. White asked if he could put in one door and Dave Tackett said he doesn't have quite that much space. Mr. Tackett said you need 10 feet by 20 feet for a stall. He will have five spaces if they grant him the variance. There would be one in the corner that would be blocked in. Dr. White said he could have an arrangement with two cars down each side and one at the end. Chairman Yates said that it seems there is not a hardship factor. He said he is influenced by the fact that he is going to build something either way. He asked if it would be better to allow him to match what is already there or go strictly by the Ordinance and not allow him the variance. He said he is also influenced by the fact that Dave Tackett had donated 4711 square feet to the City for the widening of College Avenue. Richard Osborne asked Larry Smith what would be the most pleasant from appearance and Larry Smith said it really doesn't matter. Dr. White mentioned thati:by the building setting back the 12 feet you would have some • of the clutter accumulated in front of the doors away from the view of those on College Avenue. Richard Osborne asked about the fire zone and Bobbie Jones said Mr. Lieberenz or Freeman Wood would have to check on this. Sometimes they do make them set back as much as 15 feet from the property line or adjacent building. Chairman Yates asked if he could utilize a portion of Mr. Taylor's property which he is buying. Mrs. Mills said there is not enough room between what he is proposing and the house because they are very close. Dave Tackett said it is possibly 12-15 feet. Mrs. Mills said there is an alley on the other side (east side) of the house. Chairman Carl Yates said there might be some access from that property. He asked if a delay would be in order to see what Mr. Tackett could work out to meet the Ordinance or come a little closer. Dave Tackett might want to check this before they acted on the variance. Chester House said he feels he can build within a foot or so of the property line if he has 12 -inch blocks or a parapet wall. Mrs. Don Mills made a motion to deny the request for a variance to vary setbacks at 400 N. College. Dr. James White seconded the motion which passed 4-1-1 with Mills, White, Yates, and Smith voting "Aye", Richard Osborne voting "Nay"; and Chester House abstaining. • Chester House said he feels there will be very little highway APPEAL NO. 77-4 improvement on Assembly Drive. Mrs. Velma Best Richard Osborne mentioned that the porch is closer to the road 679 Assembly Drive than the carport would be. Mrs. Mills said this again is a convenience problem rather than a peculiarity of the land. Chester House said that when this house was built there were no rules to pre- vent them from building as close to the road as they wanted. If you went further back you would have to have more fill, etc. That is why some of the houses are so close to the road. Chairman Yates said it seems they do have an older house and although she does have the space to the west side of the house that would be expensive because of the terrain. • Board of Adjustment Meeting April 4, 1977 -4- It wouldn't be nearly as convenient. He said he would be in favor of granting a variance because (1) they are not getting any closer than the present structure is, and (2) they are not much closer than the structure to the east and (3) it is an older existing home. Chester House made a motion to allow the carport to be constructed as requested. Larry Smith seconded the motion. The motion passed 4-2, with House, Smith, Yates, and Osborne voting "Aye" and Mills and White voting "Nay". Next was a request for a rehearing on Appeal No. 77-1, John Hopkins, 762 West North Street. The rehearing, if granted will be held April 18, REHEARING ON APPEAL NO. 77-1 John Hopkins 762 West North Street following renotification of the adjoining property owners. Pete Estes, Jr. was present to represent. He stated that this came before the Board on March 21, 1977, requesting a variance on the setback requirements. At that time there were five members which voted, one member was absent and one member abstained. Mr. Estes said they are asking for a rehearing so all seven members can be present to vote. A clarification of the facts which were presented is also needed and he feels there is additional information to show there is an obvious undue hardship if the variance is denied. They want an opportunity to clarify and present the new facts. He asked the Board to rehear this at their April 18 meeting. Dr. White moved to grant a rehearing. Mrs. Don Mills seconded the motion, which passed unanimously. Richard Osborne made a motion to approve the minutes of the March 21, 1977 meeting as mailed. Mrs. Don Mills seconded the motion which passed unanimously. MINUTES Next was a discussion of the Rules of Procedure and RULES OF PROCEDURE • revision of the forms to be completed by the applicant in conformance with said rules of procedure. Chairman Yates said he had asked that Dr. White and David Newbern review the information that was given to prospective applicants to clarify to them the conditions under which the Board can grant a variance and to give the Board better information as to what they are asking for. Dr. White said he would like to have this carried over to the next meeting so David Newbern could be there. Dr. White stated that the information submitted on the present forms is not very helpful. Bobbie Jones said the way the five points are written into the Ordinance it is difficult for the layman to respond to. She said she has only had one person who understood it. Mr. Yates said that the people don't realize that the Board is going to try to make them follow the Ordinance. It seems that they need to realize that they need to consider all the alternatives before filing an appeal. Mrs. Mills questioned what people's attitudes are when Bobbie Jones tells them they cannot build something. Bobbie Jones said most of the people cannot accept it. She said that in most instances she warns the people that the ratio recently has been as many denials as approvals and also the fact that they appeal is no assurance they will get the variance. The Board looks at (1) can a reasonable use be made of the property without a variance and (2) are there other alternatives so that they can meet the setbacks. Mrs. Mills said she feels their "powers and duties" prevent them from adding something non -conforming to something that is already non -conforming. Larry Smith said existing structures are what bother him. He feels people have a lot of money invested in some of these buildings and it is a pretty good hardship on • them. A service station is not that critical but some things are. Chairman Yates asked Bobbie Jones if they could require pictures in the future of the requested variance --just have whoever sets the sign take at least one picture. Dr. White moved to table the discussion of Rules of Procedure and information to be submitted by the applicant until the next meeting when Mr. Newbern can be present. Richard Osborne seconded the motion which was approved unanimously. The meeting was adjourned at 5:10 P. M. CrQ