HomeMy WebLinkAbout1977-06-06 Minutes•
MINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held on Monday,
June 6, 1977, in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Dr. James White, David Newbern, Larry Smith, Mrs. Don Mills, Chester
House, Richard Osborne.
Chairman Carl Yates.
Bobbie Jones, Angie Medlock, David McWethy, Scott Van Laningham,
T. L. Nelms, William Weston Rogers, Ronald Woodruff, Wells Bone,
Bill Imler, Herbert Hatfield, Maurice Jennings.
In the absence of Chairman Carl Yates and Vice -Chairman James White, David Newbern called the
meeting to order.
The first item was the public hearing on Appeal No. 77-8,
William Weston Rogers, 990 Company Street, on an application
to vary lot frontage requirements, or more specifically, he
is asking for 50 feet of lot frontage at the street line and
APPEAL NO. 77-8
William Weston Rogers
990 Company Street
the required is 56 feet.
William Weston Rogers and Ronald Woodruff were present to represent.
Ronald Woodruff said the distances shown on the application show the call which the surveyor
uses but the field measurements are much greater than what is called. He said the call is
70 feet and it actually measures 93 feet from the other property owners stakes. Mr. Woodruff
said Mr. Rogers did cause Company Street to be closed and they closed it at the corner of the
•original lot line (West line of the right-of-way of Read Avenue) which allows the street
frontage to come down to the lot. Read Street had already been closed by a City ordinance
and had not ever been really opened. Ronald Woodruff said the variance won't do anyone any
harm. The street is open that far. He stated that the only way this property could be
developed is as a single-family residence. He said they plan to build a small one -bedroom
rental home there, using modern features. He said he had talked to Mr. Stewart at the
University and he was glad to know they were not putting in a large scale development.
David Newbern asked Bobbie Jones to explain the requirements of the Ordinance and Bobbie Jones
said the street line is defined as the right-of-way of the street. She explained how a lot is
defined in the Ordinance. The front of the lot is the portion of the property nearest the
street. She said the width between the side lot lines at their foremost point shall not be
less than 80% of the full lot width requirement of 70 feet.
Ronald Woodruff said the intersection of Read is still open. Company Street was closed
where it originally met Read Street and is closed to the West. The original intersection
is completely open and has never been closed. He said they have 30 feet which faces Read
Street and 20 feet in the Company Street area. Bobbie Jones said they only have 25 feet on
Read Street. Therefore, they actually only have 45 feet of frontage at the street right-of-
way line.
David Newbern asked where the small frame house (to the West) would be in relation to the
property and Woodruff said the house is not drawn correctly on the map. He said the back
property line on the West side is about 15 feet. He said the house is actually down on
Vinson Street.
Mrs. Don Mills asked where the property would be in relation to the house to the East which
fronts on Company Street. Mrs. Mills mentioned that the pavement stopped about even with
that house. Mr. Woodruff said they expect to be required to improve the rest of the street.
Board of Adjustment Meeting
June 6, 1977 -2-
Bobbie Jones said if there is no street there now, and unless the Board of Adjustment
waived the requirement of the zoning ordinance that the lot have frontage on an
improved public street, unless the requirement is waived by the Board of Directors
it would have to have 30 feet of pavement, also curb, gutter, sidewalks, etc.
Bobbie Jones said a cul-de-sac would require a turn -around radius which would be
much more expensive to construct.
Bobbie Jones mentioned a map she had prepared which showed the streets which are
closed by City Ordinance. Bobbie Jones said when Read was closed, they retained
all of the street as an easement so the proposed dwelling would have to be off the 25
foot easement. Mr. Rogers said this wouldn't be a problem.
Bobbie Jones asked why they included the 13 feet on the West side of the platted alley.
Mr. Rogers said that is where the lot line lays. They have no intention of closing
the alley.
Rick Bye was present representing Earl Garrison, who was there in opposition, owning
property abutting on the north side. Rick Bye reminded the Board of the purpose
of R-1 zoning. He mentioned that this proposed home may not be compatible with the
surrounding area. He stated that the other homes in the area are substantial homes.
He stated that a cul-de-sac would not be suitable there. He stated that they are
requesting to put a home on an unsuitable piece of property. The street frontage is
only 20 feet by 25 feet so it is more than a 6 foot variance. He said this piece of
property is not large enough for a single-family home. He said it was only made
large enough by the closing of a street. He said Mr. Rogers purchased this knowing
it would not be big enough to meet Fayetteville's building requirements. He stated
that they are requesting frontage on a street that isn't even there yet.
Board member Richard Osborne said he would have to be disqualified from voting on
this issue as Rick Bye is a member of the law firm which he is with.
Mr. Garrison mentioned the size of the surrounding houses. He said on Trust Street
to the north of this proposed building Mr. Eason owns a home of 3,100 square feet;
on Sequoyah Drive there is one (Bill Dalton's) 2800 square feet; Mrs. Clive Lane's
3500 square feet plus; Mrs. Marshall has a home 1600 square feet plus a detached
garage. He said Charles Bishop's home covers approximately 5100 square feet Plus
a deck for an overview. Mr. Garrison said his house has 1500 square feet both upstairs
and downstairs plus a basement of 1000 square feet. He said the proposed building
will detract from the value of the property.
Attorney Woodruff stated that there is also a home of 750 square feet to the West.
He stated that the whole development there on Mt. Sequoyah is made up of both small
homes and larger ones.
Rick Bye said their emphasis is not on the structure of the home, but on their having
to obtain a variance to construct it.
The public hearing was concluded.
APPEAL NO. 77=9
Next was the public hearing on Appeal No. 77-9, Kelley Bros. Lumber Co.
Kelley Brothers Lumber and Supply, 2194 Lisa Lane, 2194 Lisa Lane
on an application to vary setbacks, or more specifically,
they are asking for a front yard setback of 15 feet and the required is 25 feet.
Mr. Bone was present to represent.
Mr. Bone said they have to have a variance in order to build on the lot. They are
asking for 15 feet instead of 25 feet. The request is caused by a 12 inch sewer
line running through the property covered by a 25 foot sewer easement. They cannot
build on the easement.
David Newbern questioned if the sewer easement occurred after Kelley Brothers
developed the land and Mr. Bone said Kelley Brothers didn't develop the land. He
said they bought it about 5 years ago after it had been subdivided by someone else
and the sewer easement was in at that time.
No one was present in opposition.
The public hearing was concluded.
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Board of Adjustment Meeting
June 6, 1977 -3-
Next was the public hearing on Appeal No. 77-10,
Bill Imler, 217 East Baxter Lane to vary setbacks,
or more specifically he is asking for a side yard
setback (east) of 5 feet 9 inches and the required
is 8 feet.
Bill Imler was present to represent.
Bill Imler said he wants to erect a carport. He said he has
park it under an oak tree. He said this would be a heavy duty carport.
David Newbern asked if he could park the car in any other place and Mr. Imler said
"no". Mr. Imler said this will be in line with the building and the driveway.
Bobbie Jones stated that Baxter Lane is only 40 feet wide and there would need to
be a one foot variance on the front yard setback. She said he is showing 29 feet
and they need 30 feet.
David Newbern questioned if this request was advertised without asking for the
additional 1 foot variance and Bobbie Jones said it was advertised just as an
application to vary setbacks, and didn't specify how much of a variance or which
setbacks.
No one was present in opposition.
After some discussion, the public hearing was concluded.
APPEAL NO. 77-10
Bill Imler
217 East Baxter Lane
a new car and he has to
Next was Appeal No. 77-7, T. L. Nelms,
Restaurant on the Corner, 248 West Dickson
on an application to vary setbacks, or more
specifically, he is asking for a front yard
setback (Rollston Street) of 1 foot and the
required is 5 feet.
T. L. Nelms was present to represent.
T. L. Nelms said that a portion of the property now
they widen the whole street they would have to buy off a lot of property to get
the 40 feet and they would take the whole restaurant. David Newbern questioned if
Mr. Nelms is renting the property and Mr. Nelms said "yes". Mr. Nelms stated that
this wouldn't affect any of the parking area.
David Newbern asked Bobbie Jones if there is any need for increased parking if the
addition is built and Bobbie Jones said they had checked that and they are showing
another large parking lot.
No one was present in opposition.
The public hearing was concluded.
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APPEAL NO. 77-7
T. L. Nelms
Restaurant On the Corner
248 West Dickson
is useless as it is. He said if
The next item was the public hearing on Appeal APPEAL NO. 77-11
No. 77-11 Herbert Hatfield, 117 and 123 North Herbert Hatfield
College Avenue, on an application to vary 117 $123 North College
setbacks, or more specifically he is asking
for a front yard setback (College Avenue) of 4111 feet and the required is 50 feet.
Herbert Hatfield was present to represent.
Mr. Hatfield showed the Board members pictures of what the canopy he wants to erect
will look like. He said it is a portable canopy, which may be easily removed.
Mr. Hatfield said he thought that since that wasn't a permanent canopy, he wouldn't
need a building permit and found out that he would have to have a building permit. He
said when he came in for the building permit the Planning Office found out that he
is 8 feet closer to College Avenue than he should be. He said they would need the
canopy for shade and also to protect the cars while they are working on them.
David Newbern questioned if the Board of Adjustment had recently given Mr. Hatfield
a variance to build canopies and Mr. Hatfield said he had gone to the Board of
Directors. Bobbie Jones clarified that he did go to the Board of Directors to get
an amendment to the Master Steet Plan and then received a variance from the Board
of Adjustment.
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Board of Adjustment Meeting
June 6, 1977 -4-
The last item for consideration was the public hearing APPEAL NO. 77-12
on Appeal no. 77-12, Maurice Jennings, 112 West Lafayette, Maurice Jennings
on an application to vary setbacks, or more specifically 112 West Lafayette
he is asking for a front. yard setback for a fence of 0 feet
and the required setback is 30 feet.
Maurice Jennings was present to represent.
He said his property is 6 feet above the road and about 5 feet above the sidewalk. He
said he wants to build a fence on the 2 sides. He said there are no driveways on the
block so it will not impede motorists' vision. He stated that this will be a nice,
landscaping element which will enhance the neighborhood. Mr. Jennings stated that because
of the expense to put a driveway in on such a steep hill, he doesn't think a driveway
will ever be built there.
No one was present in opposition.
The public hearing was concluded.
Richard Osborne asked who
is and David Newbern said
said Mr. Thomas has owned
Richard Osborne said they
the owner of the property
it is Grover Thomas. He
the property for some time.
should have something on
APPEAL NO. 77-7
T. L. Nelms
248 West Dickson
Restaurant on the Corner
record stating that he is aware of the request for a variance.
Bobbie Jones said she sent him an agenda and a carbon copy of a letter so he has been
notified.
David Newbern asked if the owner has to sign the building permit and Bobbie Jones said the
Board of Adjustment could make that a stipulation.
Bobbie Jones said they are going to the Board of Directors for a waiver of the Master
Street Plan on June 7.
The City Attorney said they would need to go to the Board of Adjustment first.
Richard Osborne stated that they will not be losing any parking
David Newbern stated that the street there is extremely narrow.
Mrs. Mills asked if they grant a variance and he builds and they widen the street then
wouldn't the City have that much more to buy. She said the reason they want to add on
is for their business. She stated that there is not a hardship factor and noted that you
can hardly get two cars on the street as it is.
Richard Osborne questioned how wide the street is and Bobbie Jones said it is 18 feet
between curbs and 77 inches from the curb to where the building is proposed.
David Newbern questioned if there isn't some other.way_to add on.
Mrs. Don Mills said he could take the needed room from the parking area. She said there
is ample parking available.
David Newbern asked if this wouldn't be more expensive to build on to the back and
Larry Smith said it wouldn't necessarily be more expensive.
Bobbie Jones said he wants to replace the restrooms and storage space he is losing.
Larry Smith said that to add on to the building would increase the problems if they
want to widen the street.
James White asked what kind of structure he is planning to build and Bobbie Jones said
it will probably be masonry because it is in the fire zone.
Mrs. Mills made a motion to deny the request for a variance. Larry Smith seconded the
motion, which passed 4-1-1, with Smith, Newbern, White, and Mills voting "Aye", Osborne
voting "Nay", and House abstaining.
Richard Osborne said he would have to disqualify himself from voting APPEAL NO. 77-8
on this issue because Mr. Bye works for the same law firm William Weston Rogers
as Mr. Osborne does. 990 Company Street
Bobbie Jones said their legal description gives them 25 feet
on Read and 20 feet on Company. Mrs. Don Mills asked if they take in the alley and Bobbie
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Board of Adjustment Meeting
JuNC 6, 1977 -5-
Jones said their legal description gives them the property on both sides of the
alley. The alley has not been officially vacated.
David Newbern mentioned that there is a question about the lot lines Larry Smith
said he feels that they should have it surveyed and establish the lot corners.
Chester House made a motion to deny the request for a variance under the present
conditions.
Larry Smith said he has heard statements on appearance of the property and said he
feels this is a matter of opinion.
David Newbern pointed out that if the property were unusable for any other use
they should take that into consideration. He also questioned if the property is
really suitable for what the owner is planning to do with it.
Mrs. Don Mills stated that if they could establish what the boundaries are, then they
could go from there. She said there are too many questions about where the lines
really are.
David Newbern said the street doesn't yet exist to the property and he would not be
in favor of waiving any requirements on that. Mr. Newbern questioned if the
Board of Directors has the authority to waive this and Bobbie Jones said they can
waive "bulk and area requirements" and have waived this in the past.
Bobbie Jones pointed out that if they got a 25 foot strip of property to the south,
they could request a tandem lot from the Planning Commission and bring the driveway
in from Vinson. y`
The motion to deny the variance passed 5-0-1, with Smith, House, White, Newbern and
Mills voting "Aye" and Osborne not voting.
Dr. James White made a motion to grant the variance
on Kelley Brothers Lumber and Supply. Mrs. Don Mills
seconded the motion, which passed 6-0.
Richard Osborne pointed out that the notice does
just say to "vary setbacks" on Bill Imler so he
felt they should go ahead and make a motion on the
request.
David Newbern said he doesn't find the kind of hardship in this request that they
usually require. He said the problem does exist but it is a convenience variance.
Dr. White said that before 1970 the setbacks in that area were 5 feet. He said it is
downhill from the street so there wouldn't be any view obstruction.
Dr. White made a motion to grant the variance requested and also a 1 foot variance
in the setback from the front of the property. Richard Osborne seconded the motion,
which passed 4-1-1, with White, Newbern, Smith and Osborne voting "Aye", Mills voting
"Nay", and House abstaining.
APPEAL NO. 77-9
Kelley Brothers Lumber
2194 Lisa Lane
APPEAL NO. 77-10
Bill Imler
217 East Baxter Lane
David Newbern said it would seem unjustified to
deny the request of Herbert Hatfield because
of what has happened on College and the fact
that the Board of Adjustment has previously let
Mr. Hatfield build much closer to College than what he is requesting now.
Dr. White said the portability of the structure should also be considered.
Bobbie Jones mentioned that the Ordinance sets up minimum setbacks for canopies
over gasoline pumps of 20 feet from the street. In the C-3 zone the normal building
setback is 5 feet but wherever there is parking between the building and the street
it is 50 feet. She said this is a little confusing. Mr. Hatfield has a driveway
between the building and the street and she considered this the same as parking.
Mrs. Don Mills questioned if there is anything in the Ordinance about temporary
carports and Bobbie Jones said "no".
APPEAL NO. 77-11
Herbert Hatfield
117 $ 123 North College
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Board of Adjustment Meeting
June 6, 1977 -6-
Chester House made a motion to grant the variance for Herbert Hatfield as requested.
Dr. White seconded the motion, which passed unanimously.
David Newbern said the purpose of the Ordinance is the APPEAL NO. 77-12
safety factor in not permitting fences within 25 feet Maurice Jennings
of the street right-of-way. He stated that there is no 112 West Lafayette
safety factor in the case of Maurice Jennings.
Richard Osborne said this variance wouldn't affect anyone but Mr. Jennings.
He said the immediate back door neighbor is so high it won't affect them. Bobbie
Jones said she has asked the Planning Commission to amend the Ordinances so that
her office may consider fences individually.to interpret if it will or will not
obstruct pedestrian or vehicular traffic
Dr. James White questioned if the retaining wall is on his property. Mr. Jennings
said it is half and half.
Chester House made a motion to grant the variance. Larry Smith seconded the motion,
which passed unanimously.
Dr. James White made a motion to approve the minutes of the MINUTES
May 2, 1977 meeting as mailed. Mrs. Mills seconded the
motion, which passed unanimously.
The meeting was adjourned at 5:30 P. M.
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