HomeMy WebLinkAbout1977-10-03 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held on Monday,
October 3, 1977, in the Chamber of Commerce Board Room, 123 W. Mountain
Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Chester House, Mrs. Don Mills, Dr. James White,
David Newbern.
MEMBERS ABSENT:
OTHERS PRESENT:
Larry Smith, Carl Yates.
Richard Osborne,
Bobbie Jones, Angie Medlock, David McWethy, Scott Van Laningham,
Dr. Hassel, Attorney Tom Burke, Chad Kumpe, James January.
In the absence of Chairman Carl Yates, Dr. James White called the meeting to order.
The first item for consideration was the public hearing
on the Appeal No. 77-25, Dr. Sabra Stair Hassel, 829
Pollard Avenue, on an application to vary setbacks, or
more specifically, she is asking for a setback from the
street right-of-way of 21.65 feet with parking between building
required is 50 feet.
Dr. Sabra Hassel and Attorney Tom Burke were present to represent.
Mr. Burke said Dr. Hassel has contracted to buy this structure and do some improve-
ments on it, which includes the extension across the entire west side•of the house.
There will be no further encroachment to the west or east. The distance from the
structure to the street will remain the same. The addition will be on the west side
of the house.
Bobbie Jones explained that this is a non -conforming building. The parking area is
also non -conforming. She said they are planning to resurface the parking area which
is presently there. Dr. Hassel said this will give them a total of 4 or 5 parking spaces.
Dr. White questioned if the 21.65 feet is the distance the roof overhang now is from
the street. Dr. Hassel said she didn't know if the measurement was to the stoop
or to the eave of the house. Mr. Burke felt it is to the house.
Dr. White said this will leave 16.6 feet from the street right-of-way to the structure,
since the roof extension is shown to be 5 feet on the elevation drawing.
Dr. Hassel said the addition will have corner posts and be partially shielded with a
trellis in front of one window. She said there will be about 16 feet of parking space
Mr. Burke explained that there will never be very many people at the office at one
time. Dr. Hassel said there are seldom more than two cars there at one time.
Bobbie Jones said there will be approximately 30 feet from the building itself to
the pavement. She said the lot is 50 feet north and south.
David Newbern noted that this lot would be practically useless (to rebuild on) since
it is non -conforming.
No one was present in opposition.
Bobbie Jones noted that she had one person come by the Planning Office and he
was concerned that Pollard --:not be blocked at any time with cars.
The public hearing was concluded.
APPEAL NO. 77-25
Dr. Sabra Stair Hassel
829 Pollard Ave.
and street and the
The second item for consideration was the public
hearing on the Appeal No. 77-26, James January,
Ozark Floor Company, 924 North College Avenue, on
an application to vary setbacks and parking require-
ments; or more specifically, he is asking that the zoning
54 feet instead of the required 60 feet; and the required
of 43 required.
James January was present to represent.
APPEAL NO. 77-26
James January
Ozark Floor Company
setback from the street be
parking be 40 spaces instead
132
Board of Adjustment Meeting
October 3, 1977 -2-
Mr. January said he could not widen the building to the south and he wants to keep
the driveway open on the north side of the proposed building, so he can't widen the
building to the north. He needs to keep the intended size of the building. He said
he is asking that he be allowed to construct the building 70 feet in length westward
from the existing building. He said he is already 50 feet back from the existing
Ozark Floor Company Building which hides him from the traffic going south on College.
He said he would hate to be back any further than that. The building will be a new
showroom for Ozark Floor and the need was to build a slightly larger building for
additional space and to be attached to the warehouse so that in showing customers
what is in his stock, he won't have to take them outside through inclemate weather
50-75 feet to show them the stock.
This will put him 57 feet from the highway right-of-way with the building wall. This
exceeds the setback of approximately 95% of the buildings in the area. He said his
biggest concern is people seeing the building since they are so much further
back from the existing structures. The present showroom would be rented for some other
low-volume business.
Dr. White asked Bobbie Jones what the parking requirement is and Bobbie Jones said she
had felt 32 parking spaces would be needed for Ozark Floor Company, two for the MoPed
Shop, and 9 for the three residential buildings there.
James January said one of the areas that ran the parking requirements up is the building
on the south which is a motor bike shop and according to the Planning Office, it calls
for one parking space for each 600 feet. They would need only two spaces.
Mr. January said the parking requirements for the Ozark Floor Company Building were
figured on a 1 space for each 300 square feet basis. He said there was a classification
for tile setters, which only calls for one space for each 1,000 feet of floor area.
This classification was not used and at least i of his employees and operation is
ceramic tile. He said he has four people who work with this tile and they come in in
the mornings and load their trucks and work out of their trucks all day so he does
not need parking spaces for them.
Mr. January said if the ceramic tile useage were applied to his operation, that would
greatly reduce the parking requirement. He said he had taken a survey at various
times of the day and the vehicles actually parked on his lot ranged from 13 to 19. He
said he has no need for 43 parking spaces.
Bobbie Jones explained that it is practically impossible to split up the parking by
each building with this layout. She said when someone has more than one development
on a piece of property, she will figure parking requirements for the total development
on the property.
Richard Osborne questioned how many employees Mr. January has and he said he has 12
and four of those come in and load out and work out of company trucks which they take
home with them at night.
Mr. January said if he is turned down at the Board of Adjustment, he will go to the
Board of Directors for a change in the Master Street Plan. If he does not get either,
he will have to reduce the size of his building. He said he needs the additional
square footage.
Bobbie Jones said she had received a phone call from a Mr. Bromley who was concerned
about the screening from the parking on the east side of Baxter. Bobbie Jones said
she had talked to Mr. January and he said he would do this with this building. Also,
he had told her he would pave that parking area in connection with this building project.
Bobbie Jones explained that all parking areas within any front -yard setback and any
parking area, regardless of location, containing more than 6 spaces must be dustless
and durable. Bobbie Jones said unless he puts in other parking areas which have not
been pre-existing, the other existing parking will not have to be paved.
133
APPEAL NO. 77-26
James January
Ozark Floor Company.
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Board of Adjustment Meeting
October 3, 1977 -3-
Alex Lehman was present representing his mother who owns property to the east. She
was concerned about the drainage. Mr. January assured him that the new building will
not have any affect on the drainage. He said the water will go to the street as it
has always gone. Mr. Lehman said if they will control drainage, he is satisfied.
No one was present in opposition.
The public hearing was concluded.
The last item for consideration was the public hearing APPEAL NO. 77-28
on Appeal No. 77-28, Bobby Odom, Northeast corner of Bobby Qdom
Leverett and Douglas, on an application to vary setbacks Levertt F, Douglas
and parking requirements; or more specifically, he is
asking for a setback from roof overhang to Leverett Avenue of 25 feet and the required
is 30 feet, and 10 parking spaces and the required is 12 spaces; also, a variance of
6 inches on the north from the existing house which encroaches on Mr. Odom's land
from 111 to 2i feet.
Chad Kumpe was present to represent.
Richard Osborne disqualified himself from voting on this item.
Chad Kumpe said this was a 6 dwelling unit structure about 2 blocks from the University,
and the upper two floors were destroyed by fire. He said they would like to replace the
dwelling unit with something which will be as valuable as the land on which it is located.
He said they have a plan for 6 apartments which will face interior to a court yard.
The exterior will be brick. He said the construction costs on these will be about
$30 per square foot and the rent will be approximately $320 a month. He explained
that there are three problems with the land 1) in order to adequately handle the
trash, they will have to sacrifice two of the parking spaces; 2) there is 6 inches of
a house encroaching on the 8 foot side yard setback on the north; and 3) Leverett Avenue
is required on the Master Street Plan to be 50 feet. It is presently 40 feet in
right-of-way and they are asking for a variance for this.
The encroaching house is an old house. Mr. Kumpe guessed that it has been there since
about 1930.
Bobbie Jones said she had received a phone call from Mrs. Emmett Pollard in Little
Rock who was concerned about the fence shown on the Northeast corner of the property.
She said she had been.told by Mrs. Pollard_that_this was herrproperty line
and it looks like this will be an encroachment.
Chad Kumpe said they do not have a common boundary line with Mrs. Pollard.
No one was present in opposition.
The public hearing was concluded.
David Newbern made a motion to grant the variance as APPEAL NO. 77-25
requested by Dr. Sabra Stair Hassel, Appeal No. Dr. Sabra Stair Hassel
77-25, for 829 Pollard Avenue. 829 Pollard Ave.
Richard Osborne seconded the motion.
David Newbern said this is a classic case of where a variance should be granted since
this is a non -conforming structure which, if it were required to conform, could not
exist. He said this property has no legitimate use except that to which it is
being put and the addition of that canopy is not going to do anything which would conflict
with the spirit of the Ordinance.
The motion to grant the variance passed 5-0.
The Board decided to separate the request of James
January, Ozark Floor Company, Appeal No. 77-26. The
first item to be considered was the zoning setback
from the street right of way.
Board of Adjustment
October 3, 1977
Mrs. Mills said unless they adhere to the plan the City has set up, we will continue
to have bottlenecks. She said this area of College will have to be widened at some
point. She felt any new buildings should conform to the existing Master Street Plan
to make the flow of traffic easier at a later date.
David Newbern said the thing which bothers him is the fact that Mr. January can use
his property precisely the way he proposed to use it without the variance on the
building. He can still construct the showroom and get along without the additional
6 feet. He said it may cause him some economic difficulty but Mr. Newbern said he
has trouble finding the hardship.
David Newbern made a motion to deny the variance.
Mrs. Mills seconded the motion.
The vote was 4-0-1, with Mills, White, Newbern, and Osborne voting "Aye" and House
abstaining.
Next the Board considered the request for avariance on parking requirements.
Mrs. Mills made a motion to grant the variance for parking. Richard Osborne seconded
the motion, which passed unanimously.
In discussing Appeal No. 77-28, Bobby Odom,
Northeast corner of Leverett and Douglas, Mrs.
Mills stated that she felt this area of Leverett
APPEAL NO. 77-28
Bobby Odom
Leverett F, Douglas
would have to be widened in order to carry the
traffic and if they put this building any closer, you will eventually have a problem.
She felt he could put up apartments on the land without the variance. She said you
will have people with two cars if they can afford to live in these apartments and they
will need the parking.
Chester House asked what would be the expenditure per square foot. Chad Kumpe said
it will be about $30 per square foot.
David Newbern said he doesn't see anything in the Ordinance which would allow them
to grant the variance. He said he is in favor of the 6 inch variance on the north
side because there is some sort of a problem there with the encroachment of the other
house. He said he can't see anything about this lot which would qualify it as a hard-
ship lot.
Mrs..Mills made a motion to deny the variance with the exception of granting the
6 inch variance on the north side because of the encroaching house.
David Newbern seconded the motion, which passed 4-0-1, with Mills, House, White, and
Newbern voting "Aye" and Osborne disqualifying himself from voting.
David Newbern made a motion to approve the minutes of the MINUTES
September 19 Board of Adjustment Meeting as mailed.
Dr. White seconded the motion, which passed unanimously.
The meeting was adjourned at 5:05 P. M.
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