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.
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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
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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.
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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.
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