HomeMy WebLinkAbout1978-04-19 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held on Wednesday,
April 19, 1978, at 4:00 P. M., in the Board of Directors Room, City Administration
Building, Fayetteville, Arkansas.
MEMBERS PRESENT: Chairman Carl Yates, Dr. James White, David Newbern,
Chester House, Richard Osborne, Larry Smith.
MEMBERS ABSENT:
Mrs. Don Mills.
OTHERS PRESENT: Bobbie Jones, Angie Medlock, James S. Jackson.
The only item for discussion was the appeal APPEAL NO. 78-5
of James S. Jackson, 1770 N. College on an 1770 N. College
application to waive the requirement that JAMES S. JACKSON
a "lot" have frontage on, and access to an improved
public street. The public hearing was held on
April 3, 1978.
James S. Jackson was present to represent.
Bobbie Jones noted that the Planning Commission did approve the conditional
use request for a sheet metal shop but they did not address the issue of the
variance, which is up to the Board of Adjustment.
Carl Yates stated that he had requested an opinion from Jim .McCord on whether
the Board of Adjustment actually has the authority to completely waive the
frontage requirement, and Mr. McCord said that in his opinion, they did have
the jurisdiction to grant a variance from the frontage requitement.
Mr. Jackson said he does have a written 22 foot easement for access through_
the Harding Glass property.
Carl Yates said he has a hard time finding the hardship factor in this case.
David Newbern agreed with Carl Yates. He said if they allow this to be
done, he doesn't see anything that would prevent someone else from coming in
to ask to have the frontage requirement waived for them, if they have an ease-
ment. He further stated that he doesn't see anything peculiar about this
situation.
Richard Osborne said he doesn't see a lot of differnce in owning frontage and
having a perpetual easement. David Newbern said he doesn't see the difference
either and felt the Ordinance may need to be changed.
Chairman Yates questioned what type of frontage this would require and Bobbie
Jones said there is no set amount of frontage for the C-2 district, however, the
Ordinance states that there should be enough for "safe and convenient access".
She noted that in Plat Review meetings, the Fire Department and Sanitation Service
usually require a 20 foot drive with a 30 foot radius. She said she would probably
consider 25-30 feet as meeting the "safe and convenient" access requirement.
Mr. House questioned what Mr. Jackson does with his waste products and Mr. Jackson
said he hauls it off himself.
Bobbie Jones read Article 3, Sec. 3 of the Zoning Ordinance which states that
No part of a yard, or other open space, or off-street
parking or loading space required about or in connection
with any building for the purpose of complying with this
ordinance, shall be included as part of a yard, open
space, or off-street parking or loading space similarly
required for any other building.
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Board of Adjustment Meeting
April 19, 1978 -2-
She also read Article 3, Section 4 which states
No yard or lot existing at the time of passage of this
ordinance shall be reduced in dimension or area below
the minimum requirements set forth herein. Yards or lots
created after the effective date of this Ordinance shall
meet at least the minimum requirements established by this
ordinance.
Chairman Yates asked Bobbie Jones if there would be a problem if Mr. Jackson
either rented the building or had a 99 year lease and Bobbie Jones said there
would not be a problem with this. The problem would be caused by the division
of the property.
David Newbern felt that what Mr. Jackson is doing is in accordance with
the spirit of the Ordinance. He noted that Mr. Jackson would have access
the same as someone who is buying land. Mr. Newbern said he does not find
a hardship or uniqueness in this at all.
Mr. Yates questioned if the Ordinance should be written to allow for either
lot frontage or a sufficient easement. Mr. Newbern felt that the person who
has an easement does have a greater risk than someone who would own frontage.
He said it usually seems that the person with the easement does not have
as much control over the property as someone who owns it.
Dr. White noted that the person who rents or leases this building would not
have any problems in using it as he wishes, but if he buys the property without
frontage, he could not use the property without a variance.
David Newbern noted that if the Board of Adjustment approves this variance,
they would be setting off a piece of property without any street frontage,
and putting it under different control from the property which does have the
frontage.
Chairman Yates said he feels the Planning Commission should make judgement on
whether they want to allow this type of variance. He said he did not feel the
Planning Commission has ever faced up to this problem.
After further discussion, the Board of Adjustment decided to ask. City Attorney
Jim McCord to draft an amendment to the, Zoning Ordinance which would provide
that when no street frontage is available, a suitable perpetual easement would
suffice.
David Newbern made a motion to remove this appeal from the table.
Dr. White seconded the motion, which passed unanimously.
Chester House had made a motion at the previous meeting to approve the variance,
which was seconded by Richard Osborne.
The motion failed.to pass 1-5, with House voting "Aye" and Osborne, Yates,
White, Newbern, and Smith voting "Nay"
Richard Osborne said he would be willing to represent the Board of Adjustment
at the Planning Commission meeting and discuss the problems they are having
with this type of variance. He asked that Bobbie Jones send a memo to Jim
McCord requesting him to draft an amendment to the Zoning Ordinance which would
provide that where street frontage is not available, a suitable perpetual easement will
suffice.
The meeting adjourned at 5:10 P.M.
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