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HomeMy WebLinkAbout1977-06-20 Minutes• • • MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M., Monday, June 20, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Carl Yates, Vice -Chairman James White, David Newbern, Mrs. Don Mills, Chester House, Richard Osborne. Larry Smith. Bobbie Jones, Angie Medlock, C. Mr. Wright, Steve Cummings, Mrs. Chairman Carl Yates called the meeting to order. E. Stamps, Curtis Shipley, Mr. Hunt, Backstrom, Mike Davis, Steve Davis. First was the public hearing on Appeal No. 77-13, C. E. Stamps, 730 Mission Boulevard on an appeal to vary setbacks, or more specifically he is asking for a front yard setback from Rockwood Trail of 30 feet and the required C. E. Stamps was present to represent. Mr. Stamps said he would like to extend eastward from the south side of the building for about 16 feet. It would take in part of one room already there. He said it would make about a 12 by 20 foot room which they need badly for a dining room and a den. He said he would also enclose the south half of the patio which is presently there. Richard Osborne asked if his existing house would not still be closer to Rockwood Trail than the proposed addition and Mr. Stamps said that it would be. Mr. Stamps said the patio has a retaining wall around the east and south end which he can use. Chairman Yates asked if he had considered using the land to the south and Mr. Stamps said he has a garage and workshop built to the southeast and he also has several big trees directly behind the house and couldn't build it without taking the trees out. He said he wouldn't have room enough for a driveway. Mr. Stamps stated that he has a garden there and he would have to build the driveway where the garden presently is. He also said it would be difficult to add on to the house from the south because of the roof. Mrs. Don Mills asked if he is planning to enclose the entire patio and he said he would be enclosing only the south end. He said the north end is already enclosed with a brick wall. David Newbern asked how long Mr. Stamps has owned the property and Mr. Stamps said he has owned it and lived there for about 30 years. Mr. Stamps said this is about the only feasible way he can build on and he would like very much to have the right to build what he is planning. There was no one present to oppose the request. The public hearing was concluded APPEAL_No.77-13 C. E. Stamps 730 Mission Blvd. is 35 feet. Next was the public hearing on Appeal No. 77-14, SHIPLEY BAKING COMPANY Shipley Baking Company, 313 West Dickson Street, Appeal No. 77-14 on an application to vary the number of parking 313 West Dickson spaces required, the use of public street and alley for truck maneuvering, and building setbacks; or more specifically he is asking for 16 off-street parking spaces and the required is 150 spaces, or 1 space for each 200 feet of floor area; truck maneuvering to allow maneuvering on Locust Street and the alley on the west side when under the ordinance truck maneuvering incidental to parking is allowed on private property only; also the front yard setback on Locust Street should be 55 feet with parking between the street and building and he is asking for 10 feet. The Planning Administrator said the Board may feel that this last point is not applicable, but it was included in the notice and letter because she felt there was some similarity between backing into a building from the street and parking between a building and the street. 110 Board of Adjustment Meeting June 20, 1977 -2- Curtis Shipley, Mr. Wade, comptroller, and Mr. Wright, plant superintendent were present to represent. Mr. Shipley explained the history of the general location of most of the bakeries in the United States. He said most of them are family-owned and located in a down- town area. He said his family has had a bakery in Fayetteville since 1926. He said their business is both a retailer and a manufacturer. He stated that they have been unable to obtain any adjoining property. He explained that their business is a 7 -day, 24 hours a day operation. Mr. Shipley explained that they could not just shut down to move the bakery. He said the economical hardship in shutting down would be almost beyond reason. Mr. Shipley said they have had their present oven since 1940 and they need to increase their productivity. Curtis Shipley said what they have existing and what they propose to build would be about 29,000 square feet and they would need 150 parking spaces according to the ordinance, but that would be impossible for them to do in the area they are located in. He also stated that there is no need for that many parking spaces. He said they have 8,000 square feet of building which houses their trucks and part of their cars. He said he doesn't know how much parking he needs but 150 would be a hardship and would be unreasonable in his opinion. He said they have considered going to the industrial park but it would cost a million or a million and a half dollars to move. He said the route trucks leave out at 5:30 or 6:00 in the morning and return in the afternoon and the transport trucks leave late at night and return in the morning. Mr. Shipley showed the members of the Board of Adjustment how he is planning to add on. He stated that now they are maneuvering in the alley but they plan to have a loading dock for the trailers and have them out of the way; also they will be able to pull out onto Dickson Street instead of backing out onto Dickson as they do now. He said the route trucks would only be backing up into the building once each day. Mr. Shipley said they have leased a lot from the filling station next door for parking and have parking across the street at the thrift store; also they hope to acquire additional property in the area when it becomes available. Mr. Shipley had prepared a flow chart of employees at various hours each day. David Newbern asked if there is a maximum of 32 employees working at one time and Mr. Shipley said "yes". He said that number would be reduced in the future. Chairman Yates asked how many parking spaces they have and Mr. Shipley said they presently have 28 on their own property (16 at the thrift store across the street and 12 on this property) and will still have 28 after the addition is built. He said they also lease 8 additional parking spaces from the service station which gives them a total of 36. Bobbie Jones said it would require 55 feet for a building setback with parking between the building and the street. She said without the parking it would require 10 feet in that zoning district. Mrs. Backstrom asked if Mr. Shipley would be building right against her driveway. Mr. Shipley said it would be pretty close to her driveway. Mike Davis questioned how close it would be to his property and Mr. Shipley said he isn't sure but he could build on the property line on both sides in this zone, if he meets the building fire code. Mike Davis questioned if the trucks would still be coming in the alley and Mr. Shipley said they would be coming in but not backing out. Dr. White asked if the loading would be completely enclosed and Mr. Shipley said the service truck area will be. Mr. Shipley said they would have a stall for each truck. Mike Davis said he is in the restoration business and doesn't oppose the bakery but they are concerned about the old house on the corner. He said they want to try to put together a Victorian atmosphere for the products they have now. He said Locust Street is zoned commercial but is primarily a residential street. 111 Board of Adjustment Meeting June 20, 1977 -3- Mr. Shipley said they are aware of the Dickson Street area and don't want to do anything to hurt the area He said whatever they do will be asthetically acceptable. The public hearing was concluded. The last item for discussion was the public SHENANDOAH MOBILE HOME PARK hearing on Appeal No. 77-15, Shenandoah Appeal No. 77-15 Mobile Home Park by Steve Cummings, Highway 16 Bypass, on an application to vary lot width requirements or more specifically, he is asking for 70 feet of frontage and the required is 60 feet for each duplex. Steve Cummings was present to represent. He said he is asking for authority to build a second duplex north of the existing pool. He brought a copy of the plat of the mobile home park and showed the members of the Board of Adjustment. There was a question about the access and Steve Cummings said by using the existing private street within the Mobile Home Park you move closer to the duplex than by meeting the Ordinance requirement and having the parking on the south part of the property. He said there is an average of 26 feet between each mobile home. He said in case of fire the trucks could utilize the park road and pull onto the parking area. He said there is ample room to drive a fire truck on past the end of the existing parking area right to the side of the duplex. Bobbie Jones said he couldn't extend a public street off the one in the mobile home park. She said it is not a dedicated street but a private drive. She said the only way he could get a public street up there would be if it came up along his property on the property to the west and he would then have 50 feet of total setbacks out of the 70 foot lot. Steve Cummings asked if he could have built the duplexes by turning them sideways and put as many as 20 apartments there and Bobbie Jones said there is a lot of room there which is not being used. She said she didn't know the best way to utilize the property. There was no one present to oppose the request. The public hearing was concluded. Richard Osborne stated that the rest of Mr. Stamps' C. E. Stamps house is closer to Rockwood Trail than the addition APPEAL NO. 77-13 and also said it is insignificant in size. 730 Mission Dr. White made a motion to allow the variance as requested. Mrs. Don Mills seconded the motion. David Newbern said it seems there is quite a bit of land there which might be used. He said he sympathizes with the need and also in not wanting to cut down the trees but he doesn't find any kind of physical hardship which the Board has used before as a standard. He said he isn't worried about widening of the street and yet finds it difficult to vote for any kind of variance when the property can accommodate the building in another way. Chairman Yates said he didn't think Mr. Stamps had checked into building this another way. He said if this is the only way he could build without taking the trees out he would go along with it. He stated that he would be willing to table this. David Newbern made a motion to table the motion to approve the variance until Mr. Stamps has a chance to check other alternatives. Dr. White seconded the motion, which passed 5-0-1, with Yates, Newbern, Mills, Osborne and White voting "Aye" and House abstaining. Dr. White said if Shipley Baking Company's loading area is enclosed it can't be interpreted as parking. He said the 10 feet which Mr. Shipley proposed to meet is in accordance with the Ordinance unless they interpret the indoor loading area as parking. SHIPLEY BAKING COMPANY Appeal No. 77-14 313 West Dickson 112 • • • S}4 Board of Adjustment Meeting June 20, 1977 -4- Dr. White stated that anything they do there will be an improvement from what it is now. David Newbern said they are involved in an interpretation of the Ordinance on the part which deals with whether or not this would be considered parking. He said the ambiguity of the Ordinance should be in favor of the property owner. He said he would be inclined to be in favor of the property owner. He said if they interpret this as not being parking then the only variance needed would be on the number of parking spaces Richard Osborne agreed that this wasn't really parking. Dr. White made a motion to allow the truck maneuvering on the alley and on Locust Street on the west side as requested. David Newbern seconded the motion, which passed unanimously. Bobbie Jones explained the parking requirements. OFF-STREET PARKING She said he would need one parking space for each 1000 square feet in a manufacturing operation and in a retail type operation it requires one parking space for each 200 square feet. Mr. House said he feels they need to use a reasonable amount of knowledge knowing the employees are not of that great of a number. Mr. Yates said he feels 36 parking spaces would be adequate for the bakery. Richard Osborne made a motion to grant the variance contingent upon his retaining 36 parking spaces. Keith Newhouse seconded the motion, which passed 6-0. Chairman Yates said the Board of STEVE CUMMINGS Adjustment had had a request from SHENANDOAH MOBILE HOME PARK Mr Cummings in 1972 to build 8 units on this Appeal No. 77-15 same property and it was denied. David Newbern asked if there is any reason this property could not be used for mobile homes. Bobbie Jones said it is not in the mobile home park so it would require three acres zoned A-1. Chairman Yates asked if this property could be added to the mobile home park and Bobbie Jones said this might could be done but it might be more expensive than would be feasible. She said the present mobile home park regulations require 8% of the total area as recreation which he doesn't have and this would probably take this land. David Newbern questioned what other feasible uses could be made of the property. He said he would consider it a hardship if there couldn't be any other use for the property. Chairman Yates said the duplex would be 85 feet from a private drive and that troubles him even though if Mr. Cummings had 120 feet rather than 80 feet he could build the duplex without coming before the Board of Adjustment. Chairman Yates asked Steve Cummings if he would be willing to construct a private drive from the Mobile Home Park drive over to the duplex for fire protection. Steve Cummings said he would be willing to extend the surface parking area to the west to the lot where the duplex is so the fire trucks can have access. Bobbie Jones said if he would bring a driveway between Lots 1 and 2 he could get parking behind the north duplex. She said all he would need would be a private drive with the understanding that there would never be anything there to obstruct it. Richard Osborne made a motion to require a 20 foot wide private drive which is not to be obstructed by parking, from the existing trailer park to the property to the west and provide whatever parking is required. Mrs. Mills seconded the motion, which passed unanimously. The meeting was adjourned at 5:30 P. M. 113