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HomeMy WebLinkAbout1978-03-20 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING •A meeting of the Fayetteville Board of Adjustment was held on Monday, March 20, 1978, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas, at 3:45 P. M. • • MEMBERS PRESENT: Chester House, Mrs. Don Mills, Dr. James White, Larry Smith, Richard Osborne. MEMBERS ABSENT: Chairman Carl Yates, David Newbern. OTHERS PRESENT: Bobbie Jones, Angie Medlock, Bryce Davis, Al Hughes, John W. Purtle, Arthur C. Cearley, Lawrence Dodgen. In the absence of Chairman Carl Yates, Vice -Chairman White called the meeting to order. First was the public hearing on Appeal No. 78-3, John Purtle and Arthur C. Cearley, 241 North College, on an application to vary setbacks, or more specifically, they are asking for a setback from the street right of way on Dickson Street of 51 feet, and the required is 622 feet; also, a street setback of 39 feet on College Avenue and the required is 60 feet. Arthur Cearley and John Purtle were present to represent the appeal. Mr. Cearley said they plan to change the existing Lion Oil Station to a restaurant -type operation to be known as the Dixie Pig Barbeque. He said they plan to completely rennovate the interior and would like to have an outstanding exterior of rough cedar. Mr. Cearley explained -that -where -each service station bay is, they plan to jet out and put in a three foot all structure with bay windows, and then come down the front of the building with a six foot slanting roof. Mr.Cearly said there is presently a pump island on Dickson Street and a pump island with a canopy on College. He said these would be removed. Mr. Cearley said they would be closing the existing entrances on College and Dickson and would be adding new exits and entrances on the west end of the property on Dickson and at the north end of the property on College. Mr. Cearley said the rennovated building will be very attractive both on the interior and exterior. He said they plan a six foot slanting roof all the way around the existing building on the east side and the north side, which will be three feet out from the proposed bay windows. Dr. White questioned if the porch would be 39 feet from the highway right-of-way on College and Mr. Cearley said it would. This would mean a 21 foot variance on College Avenue and a 112 foot variance on Dickson Street. Chester House questioned how many parking spaces they would need and Bobbie Jones said the requirement is one for each 200 square feet of floor space which would be 10-11 parking spaces. Mr. House questioned if there will be a seating area in the building and a drive-in window and Mr. Cearley said "yes". Mr. House questioned what type of beverages would be served and Mr. Cearley said it would be only soft drinks. Mr.jio.use asked what would be the hours of operation and Mr. Cearley said it would be approximately 10:30 to 11:00 Monday through Saturday, and 12:00-9:00 on Sunday. Bryce Davis was present representing the First' Baptist Church. He said the Church was concerned that there might be alcoholic beverages served and Mr. Cearley and Mr. Purtle had assured him that there would not be any alcoholic beverages served. Mr. Davis said the Church has no objections at all to the variances requested. Richard Osborne questioned how far this is from Herbert Hatfield's gas station and Bobbie Jones said it is one block north. Dr. White questioned if this is in the area where the Board of Directors reduced the right-of-way requirement on College Avenue. Bobbie Jones said it is not. Richard Osborne stated that if this area is in the area where the Master Street Plan has been reduced by ..r.. APPEAL NO. 78-3 John Purtle 4 Arthur Cearley 241 North College 6 • • • Board of Adjustment Meeting March 20, 1978 the Board of Directors the variance would be reduced to 11 feet. Mrs. Mills questioned if the applicants have already purchased the property and Mr. Cearley said "yes". She questioned what they would do if they did not get the variance and Mr. Cearley said they would still put in the Dixie Pig, but it would not be done as nicely as if they were granted the variance. Dr. White asked if the building is non -conforming and Bobbie Jones explained that the building is non -conforming, but it does not contain a non -conforming use. Dr. White asked when the applicant would begin construction and Mr. Cearley said they are ready to begin construction now. The public hearing was concluded. Next was the public hearing on Appeal No. 78-4, APPEAL NO. 78-4 Trinity United Methodist Church, 1002 Hall Avenue, Trinity Methodist Church on an application to vary setbacks, or more 1002 Hall Avenue specifically, they are asking for a street setback from Wedington Drive of 22 feet and the required is 25 feet. Rev. Larry Dodgen, pastor of the Church, was present to represent the appeal. He explained that they are planning to build a parsonage but they will have to build the house under certain Church rules, such as without any steps because some of the pastors may have a handicapped person in their family. He stated that the variance requested is three feet from Wedington Drive. He stated that they feel this is the only way they can meet most of their requirements within the Church. Rev. .Dodgen.statedthat is going to be moved 14-20 feet further north than was originally planned. Al Hughes stated that the highway department will take 30 feet more to the north for right-of-way. _. No one was present in opposition.. The public hearing was concluded. Mrs..Mills stated that she is opposed to APPEAL. NO. 78-3 the variance because she feels it is a John Purtle 8 Arthur Cearley bad location because of the intersection DIXIE PIG BARBEQUE and the traffic hazard; and she always 241 North College continues to hope that College Avenue may Someday be widened as planned. She stated that anytime they continue to grant a variance it makes it that much more difficult to try to ever widen College. Richard Osborne noted that the building is there and the applicant will probably use it as the Dixie Pig Barbeque anyway. Chester House made a motion to deny the variance. Mrs. Don Mills seconded the motion, which failed to pass 2-3, with Mills and House voting "Aye" and Osborne, White, and Smith voting "Nay". Mrs. Mills asked Mr. Cearley and Mr Purtle if they would object to tableing action on the variance for two weeks so they can have a hearing before the full Board. Mr. Cearley stated that all they are trying to do is to make the existing building more attractive. He said all they are really asking for is to build a "shed" over the existing building. He said if College Avenue is ever widened, the City would not have to pay much more for that building, than the one existing now. He said they would not have to pay for anything except damages to the "shed" which will cover the building. Mr. Purtle stated that the intersection is extremely more dangerous now than it will be after they change the entrances. He said they hope to improve the dangerous intersection considerably. Mr. Cearley asked Mrs. Mills why she objected and Mrs. Mills stated that she really feels College Avenue may be widened at some time in the future. Larry Smith asked if they plan to curb along College Avenue and Mr. Cearley said they plan to use concrete curbs which you can bolt down. Larry Smith made a motion to table this appeal until the next meeting. Mrs. Mills seconded the motion, which passed unanimously. 7 Board of Adjustment Meeting March 20, 1978 -3- Richard Osborne noted that this is not a very large variance. Mr. Osborne made a motion to grant the variance as requested. Chester House seconded the motion, which passed 5-0. APPEAL NO. 78-4 Trinity Methodist Church 1002 Hall Avenue The minutes of the March 6, 1978 Board of Adjustment MINUTES meeting were approved as mailed. S