Loading...
HomeMy WebLinkAbout1977-12-05 Minutesi MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 3:55 P. M., Monday, December 5, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT:: MEMBERS ABSENT: OTHERS PRESENT: Dr. James White, Chester House, Larry Smith, Mrs. Don Mills. Chairman Carl Yates, Richard Osborne, David Newbern. Bobbie Jones, Angie Medlock, James 0. Witt, George Combs, Steve Culpepper, Donald Roller Wilson, and other unidentified persons. In the absence of Chairman Carl Yates, Dr. James White called the meeting to order. The first item was the public hearing on the Appeal No. 77-35, City Lumber Company, c/o James 0. Witt, Jr., 1100-1204 South School Street, on an application to vary setback requirements, or more specifically, he is asking for a setback from the street right-of-way on Tenth Street (unopened) of 48.5 feet, and the required is 601 feet. James 0. Witt was present to represent. Mr. Witt said he would like to build additional display area. He showed the members of the Board a drawing showing the existing building and the proposed addition. He said the variance would be 47 feet instead of the 481 feet asked for. He explained that there is a creek which has been there for a long time. Mr. Witt said he didn't feel the unopened portion of Tenth Street would be opened for a long time because that area is in the flood plain and also, it would take more to build the bridge than it would to build the road He said the cost of building in the flood plain area would make building impractible. Bobbie Jones noted that there is 29 feet platted right-of-way on Tenth Street east of the corner of Tenth and School and 50 feet right-of-way west of the corner. Chester House said it would take more to build a bridge and fill in where the street should be than it would take to build the street. Dr. White asked Bobbie Jones if there are any plans to develop that unopened portion of the street and Bobbie Jones said she didn't know. She said the references to the creek are accurate but noted that there is a rather large piece of undeveloped land there. She explained that any buildings built in the flood plain will have to have the floor level 2 feet above the 100 -year flood plain. She said if Mr. Witt were to have no parking between the building and the street right-of-way and landscaped with vegetation 1'6" high at the time of planting and occupying 10% of the total land area, the setback could be reduced to 25 feet. Larry Smith said if Mr. Witt did that, no variance would be required. No one was present in opposition. The public hearing was concluded. CITY LUMBER COMPANY Appeal No. 77-35 1100-1204 S. School The second item was the public hearing on the Appeal No. 77-36, First National Bank, Greenview Drive and Highway 45 East, on an application to vary setbacks, or more specifically, he is asking for a setback from the street right-of-way on Greenview Drive of 14.4 feet and the required is 60 feet, and a setback from Highway 45 East of 23.1 feet and the required is 60 feet. Steve Culpepper and George Shelton were present to represent. FIRST NATIONAL BANK Appeal No. 77-36 Highway 45 East • • Board of Adjustment Meeting December 5, 1977 -2- Mr. Culpepper explained that the Bank feels they need a location in that area to serve their customers and they are proposing to build a 24-hour teller building on Dillons' parking lot. He said they chose this area mainly because it is very well lighted and visible from the street and they feel this will insure the safety of both their customers and their employees who will enter the building at odd hours of the night. He said many customers and 1)411k employees will be there late at night and this is the best location since it is well -lighted. He said traffic visibility will not be hampered in any way. He pointed out that any other location on the Dillon's parking lot would hamper the traffic flow. He also noted that they would not be adding any additional accesses. Mrs. Mills asked if this is the only location in the area which they have given any thought to. Mr. Culpepper said they have looked at several other locations but feel since this is very well lighted and has a lot of traffic, it would be the best location. Mr. George Combs, Greenview Drive, was present in opposition. He felt Dillon's is an exception being a C-1 area in a primarily residential part of town. He did not feel they should add any more commercial to that corner. He noted that they were there .when that property was annexed into the City and a few years ago were rezoned to C-1 in order to add on to their store. He felt it would be much better for the Bank to go further out to the corner of Highway 265 and Crossover Road where there is already a large tract of land zoned commercial. Mr. Shelton said he would agree with Mr. Combs if this were a full-service bank but said this will just be a 24-hour teller. Mrs. Mills asked if they would be moving to Highway 265 and Crossover Road when that is developed and Mr. Shelton did not feel they would. The public hearing was concluded. The last item for consideration was the public APPEAL NO. 77-37 hearing on the Appeal No. 77-37, Donald Roller Donald Roller Wilson Wilson, 651 Wilson Avenue, on an application to 651 Wilson Ave. vary setbacks, or more specifically, he is asking for a setback from the street right-of-way on Wilson Avenue of 0 feet to 7 feet, 6 inches, and the required is 25 feet for anything which is over 30 inches high and materially impedes vision. Mr. Wilson is proposing to build a fence and a covered entry gate. Donald Roller Wilson was present to represent. He said the gate would be a decorative gate. He stated that he could build the fence so there would be a means of seeing if traffic is approaching. He said the " fence would be to conceal his non-commercial studio from the adjacent property owners. Mr. Wilson said it would be a very attractive fence and covered gate. He stated that he had talked to the property owner to the south and he has no objections. He said the neighbor to the north has a double lot so his house is not very close to Mr. Wilson. Mr. Wilson said it will be a very attractive fence, approximately 7 feet high. Bobbie Jones said a portion of the fence will be parallel to the south property line all the way out to the .front property line. No one was present in opposition. Bobbie Jones explained that there was a variance granted on this lot about three years ago to enable someone to build on a 60 foot lot in the R-1 zone. No one was present in opposition. The public hearing was concluded. Chester House asked what they plan on using the CITY LUMBER CO. • land at the north end of the proposed building Appeal No. 77-35 for and Mr. Witt said it would be a driveway and South School at times there would be lumber stacked there for short periods of time. Mr. House asked Mr. Witt if he would consider vegetation IHd • • • Board of Adjustment Meeting December 5, 1977 -3- on the property line and Mr. Witt said he would prefer not to put vegetation there. He said the other side of the road is nothing but a junk pile. Chester House made a motion to grant the variance as requested. Larry Smith seconded the motion, which passed 4-0. Mrs. Mills asked Bobbie Jones if there are any plans for widening Greenview Drive near the First National Bank's'proposed location. Bobbie Jones said it is FIRST NATIONAL BANK Appeal No. 77-36 Highway 45 East shown on the Master Street Plan as a collector street. After further discussion, Mrs. Mills made a motion to deny the variance. Chester House seconded the motion, which failed to pass 2-2, with House and Mills voting "Aye" and Smith and White voting "Nay". The variance was denied. Bobbie Jones explained that the Bank may ask for a rehearing before the full Board. Donald Roller Wilson said he would be DONALD ROLLER WILSON willing to have the variance granted so Appeal No. 77-37 that the part of the fence which may impede 651 Wilson Ave. vision would meet specifications of the city and so that traffic pulling out could see oncoming traffic. Chester House questioned if the 20 foot turn -around for the car would be adequate. There was some discussion about if the fence would impede vision and Bobbie Jones said she would have to go out and check it to see if it would impede vision for .him coming out of the'driveway; for pedestrians to see him coming out of the driveway or for cars coming down the street to see him coming out of the driveway. Dr. White asked if they took out the gate near the parking area would there be any vision obstruction and Bobbie Jones felt there might be some vision obstruction to the south. Dr. White asked Mr. Wilson what he would do if the variance were denied and Mr. Wilson said he would have to adjust the design. He said an alternate approach would probably be satisfactory, but would not be as satisfactory to him. Larry Smith noted that the driveway is very short and he could not build up very much speed before pulling out onto the road. Larry Smith made a motion to approve the variance with the omission of the gate and that the section of the fence between the parking and the street right-of-way be designed so as to not obstruct vision. Mrs. Mills seconded the motion, which failed to pass 3-1, with Smith, Mills, and White voting "Aye" and House voting "Nay". Bobbie Jones explained that Mr. Wilson may ask for a rehearing before the full Board. Mrs. Mills made a motion to approve the minutes as MINUTES mailed. Larry Smith seconded the motion, which passed unanimously The meeting was adjourned at 5:10 P. M.