HomeMy WebLinkAbout1978-02-06 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M., Monday,
February 6, 1978, in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT: Chairman Carl Yates, David Newbern, Mrs. Don Mills, Chester
House, Dr. James White.
MEMBERS ABSENT:
OTHERS PRESENT:
Richard Osborne, Larry Smith.
Neal Albright, Ellis Bogan, Mike Corso, Bobbie Jones, Angie Medlock.
Chairman Carl Yates called the meeting to order.
The first item for discussion was the public PARADISE VALLEY DEVELOPMENT, INC.
hearing on Appeal No. 78-1, Paradise Valley North of Sweetbriar Drive
Development, Inc., for property on the north APPEAL 78-1
side of Sweetbriar Drive, on an application to
vary minimum land area for a Planned Unit Development (PUD); or more specifically,
he is asking for a minimum land area of 3.01 acres and the required is 5 acres for
a Planned Unit Development.
Neal Albright and Ellis Bogan were present to represent Paradise Valley Development,
Inc.
Neal Albright explained that he felt the variance should be granted for the following
reasons: 1) 'this development abuts a similar development to the west and is there-
fore compatible with developments on the north side of Sweetbriar; 2) the develop-
ment has been held to 21 units maximum, which should not disrupt R-1 residential
to the south of Sweetbriar Drive; 3) 0.55 acre was dedicated for Sweetbriar Drive,
when added to this development it would make the total acreage 3:62; and 4) to
increase the acreage to 5 acre minimum they would have to extend the development
to the east which would require a street extension and bridge, which would be
cost prohibitive for the additional 1.38 acres required to total 5 acres minimum.
Chairman Yates questioned if they could use the property to the east as part of
the green area or common space. Mr. Bogan explained that there would not be any
access to the property. He also said he would like to be able to develop the
property at a later date if it became economically feasible to do so.
Chairman Yates asked if he could put this additional property to the east on the
plat and designate it as being for future development. Bobbie Jones felt he could?
but he would need to go back before the Planning Commission..
Chairman Yates questioned why the Board of Adjustment has to'be the one to vary
the minimum lot size for a Planned Unit Development.
David Newbern questioned the rationale for having 5 acre tracts in a PUD. Bobbie
Jones explained that it had originally been set up for 20 acres, but changed..tb
5 acres so that the smaller parcels of land in the city could be developed as
Planned Unit Developments. David Newbern said the basic reason for the Planned
Unit Development concept is to permit construction that would otherwise be in
violation of bulk and area requirements, as long as the Spirit of the ordinance
is otherwise accommodated by having enough land for recreational facilities
for the neighborhood.
David Newbern asked Neal Albright if they could obtain the land to the north.
Neal Albright explained that this is the golf course and there would not be any
way to extend the development into the golf course property. He further explained
that each owner of a condominium would own 4 feet outside of their building and
all the other area would be designated as open space to be owned by all property
owners and maintained by a property owner's association.
a4
Board of Adjustment Meeting
February 6, 1978 -2-
Chairman Yates questioned why the developer decided to build condominiums instead
of apartments. Neal Albright explained that the owner could sell the condominiums,
but would be obligated to rent and maintain the apartments.
Dr. White asked how many units could be put on the land with it zoned R-2. Bobbie
Jones said he could get approximately 20 two-bedroom units per acre if he could
meet parking and setback requirements. Dr. White noted that the developer is
proposing to build only a third that many units.
Mrs. Mills asked if each driveway will abut the street and Neal Albright said they
will, but each will be wide enough so the property owner can turn around before
going out on to the street.
Mike Corso, 2437 Sharon, said he would like to see the least number of units
possible on the land. Mr. Yates explained that the developer is proposing 21
units, and could get approximately 60-70 units in the R-2.
Mr. Corso said he is generally opposed to the increased density in the area and
the increased traffic on to Old Missouri Road.
Mrs. Corso said she was concerned about having moved into an area that they felt
was R-1 and then having apartments built into the area.
Mike Corso asked if there could be a condition imposed on the condominiums that
they could not be rented. Neal Albright said someone could buy them and rent
them, but Mr. Bogan would not rent them.
The public hearing was concluded.
Chairman Yates noted that it seems that the PARADISE VALLEY DEV. INC.
Planning Commission has approved everything North of Sweetbriar Drive
if the Board of Adjustment is willing to waive APPEAL 78-1
the size requirement. He said it seems unfair
for the Planning Commission to approve this contingent upon the Board of Adjustment
approval of the variance in acreage.
David Newbern agreed with Mr. Yates. He said it seems the reason for the 5
acre requirement`is that the Planning Commission does not want to have to deal
with everyone who may not want to meet setback requirements. He felt that is
why they have limited it to larger areas. He also felt the Planning Commission
did not do its job in trying to find alternative ways of coming closer to meeting
the requirements, either by developing the property to the east as a common area,
or extending this development to the north into the golf course.
Mr. Yates agreed with David Newbern that the Planning Commission probably did not
explore the possibilities of coming closer to meeting the requirements of the
Ordinance.
Mrs. Mills agreed with David Newbern and Chairman Yates. She also felt this
townhouse type of development is deeply needed in Fayetteville, instead of
having apartment after apartment. She said it seems there is plenty of land for
the development Mr. Bogan is proposing.
Chairman Yates questioned if a 30 -day delay would cause any problems for Mr.
Bogan and Mr. Bogan said it would.
David Newbern made a motion to grant the variance as requested. He said he
understands that the Planning Commission does not feel they have the authority
to waive a bulk requirement. He also said he can see why the Planning Commission
would not want to lower the requirement because it would allow people with
possibly one acre or less to come in with a Planned Unit Development.
Dr. White seconded David Newbern's motion to grant the variance. He also stated
that the developer could put in three times as many living units as he has requested.
The motion passed 5-0.
The minutes were approved as mailed. MINUTES
The meeting adjourned at 4:45 P. M.
PAGE SUBJECT
1,2 Paradise Valley Development, Inc. (Appeal 78-1 - N. of Sweetbriar Dr.)
III3 Robert M. Reagan (Appeal 78-2 - 2687 Azalea Terrace)
6,7,9,11 John Purtle $ Arthur Cearley (Appeal 78-3 - 241 North College,Dixie Pig)
7 Trinity Methodist Church (Appeal 78-4 - 1002 Hall Ave.)
10.12 Oscar D. Titus (Appeal 78-4 - 2910 S. School)
10,12,14 James S. Jackson (Appeal 78-5 - 1770 N. College)
11,13 Norman Gabbard (Appeal 78-7 - 714 W. 6th St.)
,16 Philip J. Colwell (Appeal 78-8 - 3 East Maple St.)
18 David White Electronics (Appeal 78-9 - 101 W. Rock St.)
20 Don Johnston (Appeal 78-10 - 200 E. Rock)
22 Don Moore (Appeal 78-11 - 1793 Applebury Place)
25,28 Mrs. Exie Hardy (Appeal 78-12 - 573 N. Walnut)
25,31,33,36,38Ray Lofton (Appeal 78-13 - 5270 E. Huntsville Rd.)
26,28 Jerry D. Sweetser (Appeal 78-14 - Lawson $ Gregg)
27,28 Shilo Properties (Appeal 78-15 - Poplar f1 Green Acres Rd.)
32 Little Chief Broadcasting Co. (Appeal 78-16 - Dinsmore Trail)
35,37 Metrocenter (Appeal 78-17 - Meadow St. g East Ave.)
39 James R. Sledge (Appeal 78-19 - 1203 Carter Street)
39' Bruce Neal (Appeal 78-20 - 2510 Wyman Road)
41,42 Heckathorn Construction Co. (Appeal 78-21 - 1880 Birch Ave.)
42 Joseph Pendleton (Appeal 78-22 - 535 N. Highland)
44 Richard Rogers (Appeal 78-23 - N. of Township Rd. & S of Rosewood Estates)
48,51 Frank Scott (Public Hearing - Appeal 78-27 - 380 W. 27th Court)
49,52 W.C. Morton (Public Hearing - Appeal 78-24 - 705 Sunset Ave.)
50,52 Richard Atkinson (Public Hearing - Appeal 78-28 - 695 Gray Ave.)
50,52 David M. Colclasure (Public Hearing - Appeal 78-26 - 3240 Old Farmington Rd)
51,53,59 Howard Prichard (Public Hearing - Appeal 78-25 - 1194 S. Washington Ave.)
.4;454,59 Modern Fence Co., Inc. (Public Hearing - Appeal 78-29 - 3010 W Sixth St,)
60,62,65,77Shirley Sweetser (Public Hearing - Appeal 78-30 - 101 E. 13th St.)Pg.81,83
56,60 Johnie Bassett (Public Hearing - Appeal 78-31 - 4075 N. College)
58,61 Maxine Vaught (Public Hearing - Appeal 78-32 - 716 N. Walnut)
62,65 Uark Federal Credit Union (Public Hearing - Appeal 78-33 - 940 W. Douglas)
64,65 The Parnell Group, Inc. (Public Hearing - Appeal 78-34 -'2131 W. 6th St.)
67,69 Dr. John Andre (Public Hearing - Appeal 79-1 - 828 Pollard)
70 Elwayne & Pauline Calloway (Appeal 79-2 - 3061-3063 Itson Road)
72;.75 Fayetteville Glass Co. (Appeal 79-3 - 1725 N. College)
73,76 Gitelman and Mclvor (Appeal 79-4 - 1129 W. Lakeridge Drive)
73,76 Robert E. Cole (Appeal 79-5 49 N Razorback = Kindercare Nursery School)
77,79 Mr. $ Mrs. George E. Flowers (Appeal 79-6 - 311 E, Rock St.)
78.79 Mrs. Exie Hardy (Appeal 79-7 - 573 N. Walnut)
82,83 Wade Bishop (Appeal 79-8 - 2932, 2934 $ 2936 Sunny Lane)
84 Frank L. Doughty (Appeal 79-10 - 884 E. Skyline Dr.)
86,89 John Honeycutt (Appeal 79-11 - 528 Lytton)
87,89 Kim .$ Cecily Brawner (Appeal 79-12 - 91 S. Duncan)
87,90 The New School (Appeal 79-13.- N. of Township Rd.)
89,91.. James P. Treffinger (Appeal 79-14 - 318 E. Lafayette)
93,95,98,102- Mathias Morningside Apts. (Appeal 79-15 - 741 S. Morningside
94,96 Alaric..& Judith Haney (Appeal 79-16 - 2706 Denver Ave.)
99,103 First National Bank (Appeal 79-17 - East Side Square)
101,103 Ray's Flowers $ Gifts (Appeal 79-18 - 800 S. School)
102,104 City of Fayetteville (Appeal 79-19 - 217 E. Dickson)
106,109 Pettus $ Johnson (Appeal 79-21 - 18 E. Dickson)
106,109 Bessie Martin (Appeal 79-22 - 1224 Hillcrest Ave.)
107,109 Phi Kappa Psi (Appeal 79-23 - 360•Arkansas Ave.)
108,110 Off -Street Parking - Development District k1 (Appeal 79-24)
112,113 Windell Cullers (Appeal 79-25 - 2322 Lawson St.)
DATE
02-06-7
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DATE
BOARD OF ADJUSTMENT ATTENDANCE RECORD FOR 1978
41
o
ao
as
d d
in 3
February 6
X
Abs.
Abs.
x
x
X
X
March 6
Abs.
X
X
X
X
X
Abs.
March 20
Abs.
x
x
Abs.
X
X
X
April 3, 1978
X
X
X
X
X
X
X
April 19, 1978
X
X
X
X
Abs.
X
X
May 1, 1978
X
X
X
X
Abs.
X
X
May 22, 1978
X
X
X
Abs.
X
X
Abs.
June S, 1978
X
X
Abs.
Abs.
X
X
Abs.
June 19, 1978
Abs.
X
X
X
X
X
X
August 7, 1978
X
Abs.
Abs.
X
X
X
X
August 21, 1978
Abs.
X
X
X
Abs.
X
Abs.
September S, 1978
X
Abs.
X
Abs.
X
X
X
September 18, 1978
Abs.
X
Abs.
Abs.
X
X
X
October 2, 1978
X
X
X
X
X
X
X
November 6, 1978
X
X
Abs.
X
X
X
X
November 20, 1978
X
X
X
X
X
X
X
December 4, 1978
Abs.
X
X
X
X
X
Abs.
December 18, 1978
Abs.
Nickles
X
X
X
Abs.
X
X
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