HomeMy WebLinkAbout1978-06-05 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held on Monday, June 5, 1978,
in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas.
MEMBERS PRESENT: Chairman Carl Yates, Chester House, Mrs. Don Mills, Richard Osborne.
MEMBERS ABSENT: David Newbern, Dr. James White, Larry Smith.
OTHERS PRESENT: Bobbie Jones, Angie Medlock, Don Johnston.
Chairman Carl Yates called the meeting to order.
The only item was the public hearing on
Appeal No. 78-10, Don Johnston, for property
located at 200 East Rock Street, property zoned
R-0, Residential Office District. The applicant
APPEAL NO. 78-10
Don Johnston
200 E. Rock
is asking for a building setback of 5 feet from the south property line and 5 feet
from the east property line and the required setback is 10 feet from the side
property line. Also, he is asking for a setback for the parking of 10 feet from
the north side (Rock Street) and 10 feet from the west side (South College) and
the requirement is 15 feet from the street right of way. Don Johnston was present
to represent the petition.
Mr. Johnston explained that he had originally owned the property and sold it to
Mr. Barrett. He said he had agreed to take the property back from Mr. Barrett after
Mr. Barrett had some financial problems. He explained that this is a very small
lot and it will be very difficult to do anything with it. The lot is a corner lot
and therefore has two fronts. Mr. Johnston said he has not been able to come up
with a feasible way to develop the property or has not been able to sell the lot.
Mr. Johnston said he would like to build a small office building on the lot since
it is close to the Court House and the Federal Building. He said he feels the
purpose of the side yard setbacks are to protect the adjoining property owners
and said he would withdraw the request for the smaller side yard setback if the
Planning Office has received any objections from the adjoining property owners.
He said he has tried to buy the house to the south but the lady did not want to
sell.
Carl Yates asked Bobbie Jones if she has received any objections to this appeal
and Bobbie Jones said she had not. •
Richard Osborne questioned how much of the building Mr. Johnston would lose if
he made it conform to the setbacks and Mr. Johnston said he would lose about 1/3
of the building. Mr. Johnston said it would be a nice office building with brick
veneer and a lot of glass on the north side.
Chairman Yates asked if Mr.Johnston's property is completely surrounded by R-0
zoning and Bobbie Jones said "yes". She said there is some C-3 property to the
north, but the property which touches his lot is zoned R-0.
Mrs. Milts questioned if the 6 foot fence shown on the drawing would obstruct
vision on the east or south sides. Bobbie Jones said she would have to go out
and look at the lot to determine if the fence would obstruct vision.
No one was present in opposition.
The public hearing was concluded.
Richard Osborne said:thisLis a problem lot because APPEAL NO. 78-10
it is very small and there is a problem with the
• topography. He stated that he does not see a lot of difference in this variance
request and the one the Board approved a few weeks ago for David White Electronics.
A0
Board of Adjustment Meeting
June 5, 1978.
Mrs. Mills said she is concerned about the driveway being located so close to such
a bad intersection.
Richard Osborne made a motion to approve the variance requested with the provision
that the fence not obscure vision in any direction. After a short discussion,
Richard Osborne amended his motion to provide that the fence be eliminated within
25 feet of the street right-of-way (for the west 25 feet of the fence on the south
property line and the north 25 feet of the fence on the east property line).
Mrs. Mills said she still has reservations about the variance because this is a
difficult lot at a difficult intersection. Richard Osborne said he was looking at
this from the standpoint of there being no other way to get in and out of the lot.
She agreed that this is probably the best use of the lot and said she didn't know
any other way to get in and out of the lot.
Mr. Yates said the problem is 1) the size of the property and 2) the property being
a corner lot. He said Mr. Johnston had indicated that he has tried to buy the property
to the south. He felt the topography is a classic case that if there is a need for a
variance, this is a part of it.
Bobbie Jones noted the variance granted in 1974 to Mr. Barrett allowed:
1) a setback for parking from the right-of-way of Rock Street of 22 feet;
2) a setback for parking �f 21 feet from the south property line;
3) a setback for parking of 10 feet from College Avenue on the south part
of the property and 15 feet on the north part of the lot;
4) an area for a turn -around to extend to the property line; and
5) waived the requirement for screening along the west part of the property.
She said the variance was granted with the provision that low plantings be provided
along the north side of Rock Street and along College Avenue.
Chester House said he would like to see the size of the building reduced so that the
owner will not lose more than 1/5 of his building. He said he would be agreeable to
reducing the setback from the side property lines to 71 feet which would give the owner
a 38 x 30 foot building. Mr. Johnston pointed out that the 5 foot setback requested is
to the roof overhang of the building. Mr. House said he felt this would be all right
as long as the closest point of the building would not be any closer than 5 feet to
the property line.
Mrs. Mills seconded Richard Osborne's amended motion to approve the variance, which
passed 4-0.
Mrs. Mills made a motion to rescind the motion approved in 1974. Richard Osborne
seconded the motion, which passed 4-0.
Richard Osborne made a motion to approve the minutes
of the May 22, 1978 Board of Adjustment meeting with
the mistyped word on Line 7, Page 2, being corrected.
The motion passed unanimously.
The meeting adjourned at 4:45 P. M.
MINUTES