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HomeMy WebLinkAbout1977-04-18 Minutes• • • MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M., Monday, April 18, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Carl Yates, Dr. James White, Chester House, Larry Smith, Mrs. Don Mills, Richard Osborne, David Newbern. MEMBERS ABSENT: OTHERS PRESENT: None. Bobbie Jones, Angie Medlock, Scott Van Laningham, Pete Estes, Jr.,. John Hopkins, Helen Edmiston, Doris McClelland, Lon Ladd, and other unidentified persons. Chairman Carl Yates called the meeting to order. The first item for discussion was the rehearing of Appeal No. 77-1, John Hopkins, 762 West North Street on an application to vary set- backs, or more specifically he is asking for a front yard setback for a canopy over the gasoline pumps of 121-iS feet and the required setback is 20 feet. Attorney Pete Estes, Jr. was present to represent. Mr. Estes said John Hopkins has constructed a neighborhood convenience grocery store and laundromat at 762 West North Street approximately 150-200 feet east of the intersection of Leverett and North. Mr. Estes continued to explain that at the time Mr. Hopkins moved onto the property there was a non -conforming pump island which has been there for many years and which conformed to the Ordinance at the time it was constructed. He explained that the variance is concerning a request to build a structure to cover the lights directly over the pump island and that the structure will not protrude from the existing concrete pump island any closer to North Street or any closer to the grocery store than the pump island itself does. He stated that this is not what you think of as a canopy --it is to be used (1) to focus the lights directly on the pump island and (2) for aesthetic purposes --it will have a mansard type roof to match the one on the store. This store is open 24 hours a day and in order to have it open 24 hours a day Mr. Hopkins will be required to sufficiently light the pump island. The lights are something he will be able to put up without a variance. The Code states that a variance is a relaxation which will be granted if it will not be contrary to the public interest and owing to conditions peculiar to the property itself and not a result of the actions of the applicant. The concrete island there is a non -conforming use. Mr. Hopkins is wanting to build a structure to encase the lighting. Chairman Carl Yates said the new drawing .submitted shows the height of the roof will be one foot high instead of three feet high. He asked if the lights erected would be shaded by this canopy so they wouldn't reflect or glare on to North Street. Pete Estes, Jr., said it will not cause a glare. The lights will be encased in the roof. David Newbern said they have cut off 8 inches from the width of the roof to make it conform to the size of the pump island. There was no one present to oppose the request. The public hearing was concluded. APPEAL NO. 77-1 Rehearing John Hopkins 762 West North St. Next was the public hearing on Appeal No. 77-5, Doris McClelland c/o The Farmer's Daughter, 2583 Johnson Road, on an application to vary the percentage by which an owner -occupied, non -conforming residence may be enlarged, or more specifically she is asking for an expansion of 1,410 square feet. The present house is 496 square feet and expansion up to 25% of the square footage of the structure as became non -conforming. APPEAL NO. 77-5 Doris McClelland The Farmer's Daughter 2583 Johnson Road Article 4, Section 8 allows it existed on the date it it • • • Board of Adjustment Meeting April 18, 1977 Doris McClelland and Helen Edmiston were present to represent. Doris McClelland said she has lived at the Farmer's Daughter since it opened. She lives in a small house in the back. Her husband and her granddaughter have moved here and she has quite an investment in the furnishings of the Farmer's Daughter. She wants to stay on the property but with her husband and granddaughter there, it is very crowded. Helen Edmiston said Mrs. McClelland does own 28 acres so the closest neighbor would be the University of Arkansas farm. It wouldn't affect any of the surrounding neighborhood at all. David Newbern asked why this is a non -conforming structure and Bobbie Jones said it now is non -conforming because it is a residence in a commercial zone. The residence was made non -conforming by rezoning it to put the restaurant there. Mrs. McClelland said her property borders the University of Arkansas farm on the West. Bobbie Jones said Mrs. McClelland can expand only by 25%. That is allowed by a revision of Ordinance 1747 which originally didn't allow any expansion. They revised the Ordinance in December of 1972. Chairman Yates asked what the property was zoned before it was changed to C-2. Bobbie Jones said it was R-2. Mrs. Edmiston said it was residential when Mrs. McClelland bought it. Chairman Yates asked if they are proposing to add 1410 square feet and Mrs. McClelland said "yes". Mrs. Don Mills asked if Doris McClelland was aware of the restrictions of the zoning when she rezoned the property and Mrs. McClelland said "no". Lon Ladd was present in opposition. He said that the Ordinance which limits addition to a non -conforming use is a good one. To increase the non -conforming use by 300% instead of 25% would annihilate the Ordinance. He said he owns the property right across the street from the parking lot (to the north). It is his opinion that if additional living space is made available that will open up more area within the restaurant for business and add to the confusion that is already there. Doris McClelland asked if that is his permanent residence and asked if he now has the property for sale. Mr. Ladd said it is not his permanent residence and he does have the property for sale. Mrs. Edmiston said she didn't know he had bought it when she filled out the variance application papers. Mr. Ladd said he purchased it about 45 days ago. Doris McClelland assured the Board that no one but her, her husband and her grand:- daughter rand-daughter would be living there. Chairman Yates asked if she had thought about rezoning back part of the property to R-1. Mrs. Edmiston said that would probably work but it was a question of time. The variance would be a lot quicker. Bobbie Jones said they may want to consider split zoning. If they rezoned all of the property to R-2 it would make the restaurant non -conforming. She said R-0 would allow residential uses as well as restaurants, on appeal to the Planning Commission. She said they need to consider what they want to do with the balance of the property. Doris McClelland questioned how much time it would take if they tried to split zone the property and Bobbie Jones said it could go to the Planning Commission on May 23 and go to the Board of Directors on June 7. Larry Smith asked Mr. Ladd how long he has owned the property and Mr. Ladd said he has owned it for about 45 days and confirmed that he does have it for sale. The public hearing was concluded. Chester House said he thinks the new drawing and new layout APPEAL NO. 77-1 that have been presented on Appeal No. 77-1 are quite John Hopkins attractive and he thinks it would do something for the 762 West North St. area there and keep the lights out of drivers eyes as they drive by at night. It would be a safety factor. He said he would be in favor of the variance. qq Board of Adjustment Meeting April 18, 1977 -3- David Newbern stated that this is a different request from the one they had heard the first time. .It does conform exactly with the present non -conforming use. It does, however, add something to a present non -conforming use and it doesn't seem there is anything peculiar about the applicant's property which requires expansion. The fact is that it is almost a diminuous situation where it doesn't amount to much. It will look nicer and have a better affect for the lighting. Chairman Yates agreed that it is hard to come up with the "hardship". He said he is con- vinced, though, that Mr. Hopkins is not going to move his pumps. Richard Osborne made a motion to approve the variance as requested. Chester House seconded the motion which passed unanimously. 'Mrs. Don Mills questioned whether the'Board would be granting a use or a variance on Appeal No. 77-5. Bobbie Jones said the City Attorney said since this is a restriction placed on the building area they do have the right to appeal to the Board of Adjustment. Dr. White said it was rezoned for the purpose of having the restaurant. Now they are asking for the variance to use it as a residence. He feels they should rezone it to use it as residential. Chairman Yates said the Ordinance would permit an addition of only 25% (about 125 square feet) and they are asking for about 1100% increase in size of addition permitted (1410 square feet). David Newbern stated that this is the largest variance he has seen since he has been a member of the Board of Adjustment. He asked if there would be some way to have a watchman on the property rather than to use this as a residence. Bobbie Jones said that one of the conditional uses which the Planning Commission can approve in C-2 is housing for a caretaker. If this were approved as a caretaker's house it would not be a nonconforming use, and there would be no limitation on it's expansion. Larry Smith asked how much time this would take and Bobbie Jones said it wouldn't have to go to the Board of Directors. She said she could put it on the agenda under "other business" for the meeting on April 25. It wouldn't require publication but it would require notification of the adjoining property owners. David Newbern said he can't see a 1100% variance. Chairman Yates said the Ordinance was drawn up without permitting any expansion the first time and was amended to allow a 25% increase. The Planning Commission probably had some reason to set the 25% limit. It would be hard to go with this request. David Newbern moved to deny the request for a variance at The Farmer's Daughter. Dr James White seconded the motion which passed 6-0-1 with Yates, White, Smith, Mills, Osborne, and Newbern voting "Aye" and House abstaining. Dr James White made a motion to approve the minutes of the April 4, 1977 MINUTES meeting as mailed. Richard Osborne seconded the motion which passed unanimously. Chairman Carl Yates acknowledged the letter of appreciation LETTER FROM VELMA BEST from Mrs. Velma Best. APPEAL NO. 77-5 Doris McClelland The Farmer's Daughter 2583 Johnson Road Chairman Yates acknowledged the letter from the LETTER FROM BOARD OF DIRECTORS Board of Directors changing the date of expiration of the Board of Adjustment terms from January 1 until April 1. David Newbern said the Board of Adjustment needs to be clearer on RULES OF PROCEDURE what they want from the Planning Office. He mentioned that he has done considerable research with the Arkansas Statute in addition to the municipal ordinances of the cities that attempt to use this statute. The Arkansas statute is more specific on the problem of hardship than the Ordinance is. It provides that the hardship is related to the property. He questioned if the Board wants an application which asks the question "What is it about your land that makes your situation one that the Board could categorize as a hardship situation?" 100 • • • Board of Adjustment Meeting April 14, 1977 -4- David Newbern said he feels they need some agreement from the members of the Board on what they are looking for. Dr. White said that people answering the form don't usually direct themselves to the issue. David Newbern said they need to inform the Planning Office that they are in the business of enforcing the Ordinance unless there is a good reason not to. Mrs. Don Mills said these Ordinances were written several years ago. She asked if there should be a revision to ease off of the people who are trying to remodel homes. She mentioned that building costs are very high and there are economic problems which make it more desirable to remodel or add to an existing building rather than to build a new one. Chairman Yates asked if a committee from the Board of Adjustment should talk with a committee from the Planning Commission to see what the Planning Commission wants them to do. Mrs. Mills said she would like to have a definition of "hardship". The meeting was adjourned at 5:15 P. M. lot