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HomeMy WebLinkAbout1977-12-19 Minutes• • • MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M., Monday, December 19, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Carl Yates, Larry Smith, David Newbern, Richard Osborne, Mrs. Don Mills, Chester House. Dr. James White. George Shelton, Steve Culpepper, Bobbie Jones, Angie Medlock, and other unidentified persons. Chairman Carl Yates called the meeting to order. The first item was the requested rehearing Appeal No. 77-36, First National Bank on an application to vary setbacks, or more specifically, the applicant is asking for a. setback from the street right-of- way on Greenview Drive of 14.4 feet and the required is 60 feet; also a setback from Highway 45 East of 23.1 feet and the required is 60 feet. George Shelton and Steve Culpepper were present to represent. Richard Osborne made a motion• to grant a rehearing. Mrs. Mills seconded the motion, which passed unanimously. Steve Culpepper explained that they want to put in a 24-hour teller at the corner of Greenview Drive and Highway 45 East. He said this is the only C-1 piece of property in the area at this time He said the main reason the bank had chosen this location is because of the safety factor. He explained that the area is very well -lighted and this would make both their customers and employees feel more secure in using the facility. He said there would not be any view obstruction as the place where the building would sit is approximately 7 feet above the street. He said they are asking for a variance because the building is too close to the street. Mr. Culpepper said it is close enough to the street for oncoming traffic to see anyone using the facility. He explained that they could locate the building anywhere else on the parking lot without a variance but it would block the traffic flow on the parking lot. Steve Culpepper explained that this is a portable building and if they ever need to move the building, they could do so without much trouble. At the present time they do plan to have it be a permanent structure. Mrs. Mills asked how long the lease is with Dillons. Mr. Culpepper said the lease is for three years with options. Mrs. Mills asked Mr. Culpepper how it would affect them if the grocery store went out of business and Mr. Culpepper did not feel it would affect them if the parking lot continued to be well -lighted. No one was present in opposition. The public hearing was concluded. on FIRST NATIONAL BANK Appeal No. 77-36 The second item was a requested rehearing DONALD ROLLER WILSON on Appeal No. 77-37, Donald Roller Appeal No. 77-37 Wilson, on an application to vary setbacks; or more specifically he is asking for a setback from the street right-of- way on Wilson Avenue of up to 7 feet, 6 inches for a privacy fence and covered entry gate and the required setback is 25 feet. No one was present to represent the request. ISO • • • Board of Adjustment Meeting December 19, 1977 -2- David Newbern made a motion to grant the rehearing at the next regular meeting of the Board of Adjustment if the petitioner requests it. Richard Osborne seconded the motion, which passed unanimously. Richard Osborne asked if the Bank would have FIRST NATIONAL BANK any objections to moving the portable building Appeal No. 77-36 if needed and George Shelton said they would not. Mrs. Mills felt this is merely a convenience and financial variance. She said she does not feel this is a reasonable request for a variance. She said she sees no hardship. Mr. Yates said he feels the topography of the land does fulfill one of the require- ments for granting the variance. Larry Smith noted that this does not create a traffic.hardship since it is on a 7 foot bank. He also noted that a 24-hour teller would not create that much additional traffic at any one time. David Newbern disqualified himself from voting on this appeal. The Board discussed a Bill of Assurance or the possibility of granting a conditional variance waiving any right to damages if the City forces the Bank to move the teller at a later date to widen the street. Richard Osborne made a motion to approve the variance conditioned on the Bank agreeing in writing that.if.the .street .is widened.and.they have to_relocate.their.building, they will.not cause'any additional expense to the City. Larry Smith seconded the motion, which passed 3-2-1, with Osborne, Smith and Yates voting "Aye", Mills and House voting "Nay" and Newbern disqualifying himself from voting. The minutes of the December 5, 1977 Board of MINUTES Adjustment meeting were approved as mailed. There was some discussion about whether the Board members when contacted by an individual applicant -should be allowed to talk with the applicant about .his appeal. Most of the members were concerned about some applicants talking individually with the members before the public hearing. The Board discussed the possibility of adding something to the Rules of Procedure which would require the members contacted to report the conterr of the conversation to the remainder ofthe Board. The meeting adjourned at 5:00 P. M. /51