HomeMy WebLinkAbout1977-12-19 Minutes•
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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.
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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.
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