Loading...
HomeMy WebLinkAbout1977-10-17 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 3:50 P. M., Monday, October 17, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Carl Yates, Dr, James White, Richard Osborne, Chester Larry Smith, Mrs. Don Mills, David Newbern. MEMBERS ABSENT: OTHERS PRESENT: None. Bobbie Jones, Angie Medlock, Attorney Marshall Carlisle, Timothy Wilson. House, Attorney Charles Davis, L. B. Granata, Anthony Latrechia, Euel Smothers, Chairman Carl Yates called the meeting to order. The first item for consideration was the public APPEAL NO. 77-29 hearing on Appeal No. 77-29, L. B. Granata, L. B. Granata d/b/a Ozark Bowling Lanes, 2300 North College, Ozark Bowling Lanes on an application to vary parking requirements, 2300 North College and to amend condition attached to a previous variance. More specifically, he is asking for approval of 171 parking spaces and the required is 276. L. B. Granata and Attorney Charles Davis were present to represent. Mr. Davis said Mr. Granata had acquired the bowling lanes on January 28, 1977. At that time there was in use 32 bowling lanes and a 48 ft. x 75 ft. area supposed to have been used as a storage area by the prior owners. The actual use to which that storage was being used was an arcade for vending machines --40 machines with available participants of 2-4 people per machine. Mr. Davis said Mr. Granata was advised by the sellers that that space was annotated for 8 additional lanes which could be put in any time. Mr. Davis said Mr. Granata revoked the lease of the vending machines and put in the.8 additional lanes which he thought he had a right to do. Mr. Davis said Mr. Granata was not aware that he had to obtain a building permit and did not obtain one. Mr. Davis stated that Mr. Granata received a notice from Mrs. Jones. Mr. Davis said at that time, they found out that Tony Latrecia had came in complaining that he had not been getting paid his rent on his parking lot, which the bowling alley used to lease. Mr. Davis explained the actual headcount of vacant space in the bowling alley's lot and privately owned property for 8:30 P. M. to 10:30 P. M., taken from September 22, 1977, to October 2, 1977. Mr. Davis explained that the Ordinance required 6 parking spaces for one lane but the maximum number of people who could bowl in one lane is 5. Richard Osborne disqualified himself from voting on this appeal. Chairman Yates noted that the parking would be a variance from 276 spaces to 171 spaces. He said this would be a sizable variance. Chairman Yates said if 6 parking spaces are too many to require for one lane, it is not the Board of Adjustment's position to say this. Chairman Yates felt they should go back to the Planning Commission and ask to have the parking requirements changed. Mr. Davis said in the variance granted in 1975, it said the owner would have to come back before the Board of Adjustment if they do not have enough parking spaces when they install the 8 additional lanes. Chester House asked how many lanes there are now at the bowling alley and Mr. Davis said there are 40. Mr. House asked what nights they have league bowling and Mr. Granata said it is Sunday through Friday nights. Mr. Davis said 32 of the lanes are used by league bowling. I36 • • • Board of Adjustment Meeting October 17, 1977 -2- Chester House questioned if there are 5 people to each league and Mr. Granata said this is a maximum. Dr. White asked if BSC Audio is involved in this property and Mr. Davis said BSC Audio uses the bowling alley parking lot during the day and the bowling alley uses their parking lot at night. Dr. White asked if the private club is still there and Mr. Davis said "yes". It is located in the Ozark Bowling Lanes building. Dr. White asked if the 42 parking spaces referred to in the 1975 minutes were constructed and Mr. Latrecia said "yes". Chairman Yates said the sketch in the Ozark Bowling Lanes original file indicated 32 parking spaces and it appears they have been constructed. Mr. Carlisle said they have. Bobbie Jones sexplained they were to come back to the Board of Adjustment before constructing the 8 additional lanes if they could not meet parking requirements. David Newbern asked if a building permit would be required and Bobbie Jones said no building permit had been issued but it is required. Marshall Carlisle explained that at the time the original variance was requested and obtained the property immediately north of the bowling alley building (approximately 1 acre) was included in the parking count of the bowling alley for enlargement as proposed at that time. The Ozark Bowling Industry was renting that property for parking. Mr. Carlisle said the variance was based on this property being leased to the bowling alley to help meet the parking requirements. Mr. Carlisle stated that that was when instructions were given that the owner would have to come back in if they build the other 8 lanes and could not meet parking requirements. Mr. Carlisle said a lease agreement was entered into by Mr. Granata with Mr. and Mrs. House, Mr. Latrechia, and.Berniece Harner, who own the parking lot, for the use of the parking area north of the building. This lease agreement required that Mr. Granata pay to the owners a stipulated rent for the months of September through May and a rent of half that amount for June through August Marshall Carlisle said when the original variance was entered into and granted it was required that the operation have these additional parking spaces available. Bobbie Jones explained that at the time they were proposing an addition large enough for 16 lanes but were only proposing 8 additional lanes for immediate construction. Bobbie Jones said that was the basis for granting that variance -- that the owner would come back in for a variance or come up with the additional parking required when the other 8 lanes were installed. Mr. Davis said Mr. Granata would be renting and paying for parking spaces used by Bonanza, but that is a matter between Mr. Latrechia and Mr. Granata. Mr. Davis pointed out in the minutes of 1975, it said the extra space would be used probably for "storage and maybe some vending machines" and the owner had put in 40 vending machines, which could be used by 2-4 people per machine. Bobbie Jones explained that rented parking is allowed by the Zoning Ordinance if it is within 300 feet of the property being built upon. Then, he may ask the Planning Commission to approve the off-site parking spaces. She said they did not ask the Planning Commission for approval of off-site parking but obtained a variance in the - number of parkingsspaces they would provide on their property based on the availability of other parking in the area. Chairman Yates questioned if the Ordinance addresses different parking for different hours and Bobbie Jones said the Ordinance does not address this. The public hearing was concluded. )31 • • • Board of Adjustment Meeting October 17} 1977, The second item for consideration was the public APPEAL NO. 77-30 hearing on Appeal No. 77-30, Timothy Wilson, Timothy Wilson Lot 3, Block 4, Brophy's Subdivision of Part of Brophy's Addition Block 3 and Blocks 4 and 5, on an application to vary height regulations, or more specifically, he is asking to be allowed to build 22 feet high, 11 feet from the property line and the required is a maximum height of 20 feet or less, or a setback of 20 feet with a 22 feet high building. Tim Wilson was present representing himself. Mr. Wilson explained that they want to build a colonial style four-plex and the peak of the roof would be about 22 feet high and the Ordinance requires that if the height exceeds 20 feet, you need to increase the setback one foot for each foor of height over 10 feet. He said if they lower the roof, they would have a hard time building the type of unit they want to build. The maximum height can only be 20 feet high and still meet the Ordinance requirements. Mr. Wilson said the lot slopes away from the street and there is approximately 5 feet fall from the front to the back of the lot. Mr. Brophy still owns all of the adjacent lots. Mr. Wilson explained that he could "hip" the roof and meet the requirements, but he would rather have the gable roof. Dr. White questioned the size of the lot and Mr. Wilson said it is 100 ft. by 110 ft. Dr. White questioned if this would be enough lot area for a four-plex and Bobbie Jones said it requires about 1200 square feet of lot area for each unit and this would be enough. Richard Osborne questioned if it would solve Mr. Wilson's problem if he could "hip" the roof and Bobbie Jones said it would. He could also raise the general ground level around the building, or lower the building an additional two feet into the ground. Bobbie Jones said the actual setback would be two feet less than the height of the building. The Planning Office has interpreted this as applying to the side setback only. Mrs. Mills asked if they are planning to build the same type of units on the other lots and Mr. Wilson said "yes". He hoped they would set a precedent by building a nice structure. No one was present in opposition. The public hearing was concluded. Concerning Appeal No. 77-30, Richard Osborne APPEAL No. 77-30 stated he felt there are several other ways Timothy Wilson Mr. Wilson can do what he is wanting to do Brophy's Addition without a variance. Chester House agreed that Mr. Wilson could build without a variance from the Board of Adjustment. Chester House made a motion to deny the variance. David Newbern seconded the motion, which passed 6-1, with Newbern, Yates, White, Osborne, Mills, and House voting "Aye" and Smith voting "Nay". Chairman Yates felt the applicant should talk to the APPEAL NO. 77-29 Planning Commission if they don't really need the .L. B. Granata number of parking spaces required by the Ordinance Ozark Bowling Lanes for a bowling alley and try to get the Ordinance amended. 2300 North College Chairman Yates questioned what would happen if they don't grant this variance and the Planning Commission doesn't change the Ordinance. Bobbie Jones said she felt they would issue a summons and make them remove the 8 new lanes. )38 • • • Board of Adjustment Meeting October 17, 1977 The members of the Board discussed the availability of the adjoining parking lot. Chairman Yates questioned if the Board could insist that they maintain these rental spaces. Bobbie Jones said she didn't know and suggested they ask the City Attorney. She said he has told her that variances do run with the land. Mr. Newbern said Mr. Carlisle was explaining -that they would need to continue the lease on the parking because that was a part of the Board's consideration when the original variance was granted. Dr. White asked if they should restrict the use of the building after they have allowed the building to be built. Dr. White said this was a bowling alley and was never planned for anything else. Chester House felt the people who installed the lanes knew they would need a building permit. Dr. White asked if the lanes have been installed alley and Bobbie Jones said "yes". David Newbern felt there was not a good reason to he felt you could take into consideration was the owner. Larry Smith felt they could improve the number of parking spaces by replanning the parking layout. David Newbern made a motion to deny the variance. Larry Smith seconded the motion, which passed 6-0-1, with Mills, Smith, Newbern, White, Yates and House voting "Aye" and Osborne disqualifying himself from voting. since. Mr. Granata bought the bowling grant the variance. The only thing fact that Mr. Granata is a new Richard Osborne noted that on Page 4 of the October 3, 1977 MINUTES minutes, it reflected that he had "abstained" from voting on Appeal No. 77-28 and he asked that this be changed to read that he disqualified himself. Following this correction, the minutes were approved as mailed. The meeting was adjourned at 5:15 P. M. i3R