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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. q_A 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. /3 A