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HomeMy WebLinkAbout1978-08-21 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held on Monday, August 21, 1978, at 4:15 P. M., in the Board of Directors Room, City Administration Building, Fayette- ville, Arkansas. MEMBERS PRESENT: David Newbern, Richard Osborne, Chester House, Larry Smith. MEMBERS ABSENT: Chairman Carl Yates, Dr. James White, Mrs. Don Mills. OTHERS PRESENT: Bobbie Jones, Angie Medlock, Esther White, Mrs. Ray Lofton, Elvie Heiney, J. E. McClelland, Tom Mathias, Nolen Neal, Kenly Johnson, Warren Langham, Pat Demaree, Dewayne McChristian, and other unidentified persons. In the absence of Chairman Carl Yates and Vice -Chairman Dr. James White, David Newbern called the meeting to order. The first item was the public hearing on the APPEAL NO. 78-13 Appeal No. 78-13, Ray Lofton, 5270 East Ray Lofton Huntsville Road (Highway 16 East), on an application 5270 East Huntsville Rd. to vary distance from a dwelling on the same premises for animal related usage. This item was tabled at the August 7, 1978 meeting since there was no one present to represent the request. The applicant is asking to be allowed to have the animal related usage 176 feet from a dwelling on the same premises, and Article 7, Section 3 of the Zoning Ordinaance requires a separation of 200 feet from any dwelling. Mrs. Ray Lofton and Attorney Esther White were present to represent. Ms. White explained that the applicant's business is a buying station for feeder pigs. She said they have received approval by the federal government to handle interstate shipments of feeder pigs. Ms. White noted that there are standards set up by the federal government for this type of operation, one of which is that they will remain no more than 48 hours at a time. Ms. White said the Lofton's receive the pigs either Thursday night or Friday and leave for Iowa either Friday night or Saturday morning. Ms. White explained that Mr. Lofton has a shed and four pens. She said he does not keep slaughter pigs at all. Ms. White explained that as soon as the pigs are shipped out, everything is disinfected and cleaned out. The pens are cleaned out by Saturday afternoon. Ms. White saidit is their contention that the Lofton's operation should fit under one of the other uses requiring either a 50 foot separation or a 100 foot separation from a dwelling unit. Ms. White said she felt the 200 foot separation would apply for raising or animal slaughter. Ms. White noted that the Lofton's pig pen is not within 200 feet of any dwelling except their own home. She said the Loftons would be willing to place a privacy fence if the Board felt this would be advisable between the dwelling and the pens. Ms. White noted that Freeman Wood, Building Inspector, had told Mrs. Lofton that there would not.,be a permit necessary since this is outside the City limits. She said the plumber had called in and talked to Tom Tucker, Plumbing Inspector, who had told them this was not inside the City limits and no plumbing permit would be necessary. Ms. White said she feels the variance should be in favor of the land owner, especially in this case since the offense, if any, would only be to the Loftons. Ms. White noted that there were several people in the audience living across the street and behind the Loftons who do not have any objections to the granting of the variance. 3r • • • Board of Adjustment Meeting August 21; 19.78. -2- Ms. White stated that Freeman Wood did ask Mrs. Lofton what else would be built and she told him it would be a concrete slab and fencing. Bobbie Jones explained that inside the City a building permit would not be required for a concrete slab or a fence. She explained that they would need to get a Certificate of Occupancy to clear the use, however. Elvie Heiney was present in opposition. He noted that back in the early spring on two or three occasions, he very definitely could smell the hogs. He questioned whether they were there longer than two days. He said the operation does not help the property values in the area. J. E. McClelland said he owns part of 30 acres immediately east of this property, with 5 other property owners. Mr. McClelland said their property is C-1 for a strip on the highway and the.remainder of the property is A-1. He said this would decrease the property value for the surrounding property. Tom and Bessie Mathias were also present in opposition. He asked that all those present in opposition stand up and 19 people stood up. Nolen Neal, who lives across the street from the Loftons, said he feels their operation is a credit in comparison to some of the other businesses up and down the highway. He said they have a very clean operation and it doesn't bother him. Kenly Johnson, 1264 Paradise Lane, said the odor at his home is very offensive. He also said he has had the worst fly infestation he has ever had since the pig pens have been in operation. Mr. Johnson noted that all of the wash from this operation goes down into the open branch and the odor from that, even when it is dry, is very noticable at his home. He noted that when it rains, the wash from that branch goes down into the river. Dr. White questioned if this use is permitted in the A-1 District. Bobbie Jones said it is permitted as long as it is 200 feet from a dwelling unit. Ms. White noted that this operation did not go into effect until February. She said the building was begun around Christmans and the plumbing was not finished until the end of March. She said Freeman Wood had came out and checked the shed either a few days before or after Christmas. Larry Smith questioned if this could have been built according to the Ordinance and Esther White explained that Freeman Wood had checked the shed and told the owner it would not require a building permit. Esther White said the concrete slabs were poured in front of the shed. She said they could have been poured back further if they would have known that the requirement of the Ordinance applied. Esther White noted that the property is 1700 feet deep. Tom Mathias said he felt the neighbors would not object as much to a holding pen as they would to a feeding pen. Esther White explained that the pigs are there no longer than 48 hours. Warren Langham said he feels they have made a serious mistake in placing the pens in a residential area. He said he would estimate as many as 100-150 pigs there on Saturday morning. He said the fly situation is also defintely a factor, and the use decreases the value of property in the area. The public hearing was concluded. Next was the public hearing on Appeal No. 78-16, Little Chief Broadcasting Company (KKEG), property located off the end of Dinsmore Trail, on an application to vary the minimum lot area and street frontage requirement, is requesting permission to have a tower on one acre, acres minimum, and no lot frontage, and the ordinance street frontage. Pat Demaree and Dewayne McChristian LITTLE CHIEF BROADCASTING CO. APPEAL NO. 78-16 Dinsmore Trail or more specifically, the applicant and the Ordinance requires two requires 160 feet of actual were present to represent the request. 3a • Board of Adjustment Meeting August 21i 1978 -3- Mr. Demaree explained that they are trying to find some higher ground for their antenna. He said this point gives them the best location, and it is located right next to the tower which belongs to Ozarks Electric which also sits on one acre He explained that they do not need a street into the property. He said they need as much privacy as possible. David Newbern questioned why they want to change the present location and Mr. Demaree explained that the new location would get them 260-265 feet higher. Dewayne McChristian explained that the tower has to be located so you can send a direct signal from the radio station to the tower. Richard Osborne questioned how many vehicles would be parked at the tower and Mr. Demaree said it would only be visited once a week. David Newbern questioned if the tower presents any type of safety hazard and Mr. Demaree said he does not feel it does. He noted that the tower has to be checked by the FAA and the FCC. David Newbern questioned if they could obtain another acre and Mr. McChristian said "no". No one was present in opposition. Richard Osborne said he is having trouble finding the APPEAL NO. 78-13 hardship factor. David Newbern agreed that the real Ray Lofton question if whether or not there is a hardship. 5270 E. Huntsville He said it seems there may be some hardship in that they were told they would not need a building permit. David Newbern said he feels Article 7, Section 3, livestock assembly, is what would apply to Mr. Lofton's operation. This would require 200 feet from the usage to a residential dwelling on the same premises. • David Newbern said he has some question of whether something partially inside and partially outside the City should be considered to be outside or inside the City. He noted that they should not consider whether or not the use is offensive, because this use is permitted in the Agricultural zone. He said he does see some hardhsip in the misunderstanding which has occured. Bobbie Jones explained that no building permits are required outside the City and the City cannot regulate the use,.:jexcept that plumbing permits are required to connect to City water or extend an existing line. She said a use permit should have been obtained. Richard Osborne questioned if there was a plumbing permit issued and Bobbie Jones said the Inspection Department does not have record of one. She explained that if the plumber took out a permit, he should have a copy of it. Richard Osborne said he feels bad that they relied upon the information given them by the City, but still has trouble finding the hardship. He noted that the people think they have the necessary permission to do something, or permission is not required, and then be told otherwise after they have invested a considerable amount of money. Larry Smith said he felt it would be difficult not to grant the variance. There was some confusion about whether Freeman Wood knew there would be an extension to the front of the shed and the tape from the previous meeting was played back. David Newbern said it seems apparent that Freeman Wood did not know about the pens at the time he checked to see if the building was inside the City. Esther White said Freeman Wood did ask Mrs. Lofton what else would be built and Mrs. Lofton said they would build the pens to the front of the building. David Newbern questioned if they moved the pens so they would be outside the City limits if this would eliminate the problem. Esther White said it would, but it would cause considerable expense to the Loftons. She said they have already spent approximately 820,000. Richard Osborne explained that the Board of Adjustment is the wrong Board to consider the smell problem. He noted that there is an action in Chancery Court for a nuisance problem. He explained that the Board of Adjustment deals with land mass and not use 33 J Board of Adjustment Meeting August 21, 1978_ of the property. He noted that use of the property is dealt with by the City Planning Commission. Richard Osborne made a motion to deny the variance. He said he feels bad about the misunderstanding but doesn't feel the Board has the authority to grant the variance requested. The motion died for lack of a second. Larry Smith made a motion to approve the variance. He noted that there is a lot of confusion and misunderstanding on this problem. Richard Osborne made a motion to table the request until the next meeting. David Newbern seconded Larry Smith's motion to approve the variance. The motion failed to pass 2-1-1, with Smith and Newbern voting "Aye", Osborne voting "Nay", and House abstaining. Chester House said he does not feel this should be before the Board of Adjustment. _.-David Newbern said if the applicant wishes to go back before the Board when all members are present, they would be allowed to request a rehearing, and would not be required to readvertise or pay an additional fee. Esther White said they would like to be given an opportunity to present their argument again at the next meeting. She requested that they grant a rehearing at the next meeting. Richard Osborne made a motion to grant a rehearing at the next scheduled meeting of the Board. Chester House seconded the motion, which passed unanimously. Richard Osborne requested that Building Inspector Freeman Wood be present at that meeting. David Newbern questioned the intent of the Ordinance in requiring a two -acre minimum lot size and Bobbie Jones said she feels the A-1 District is a holding zone and the land is kept large so that it will not be intensely developed and to allow for extension of utilities and roads. David Newbern noted that use would be permitted even in a residential zone with Planning Commission approval. He said he feels the hardship is that the purpose of the Ordinance if to say that this couldn't be built without having another acre would just be useless. Richard Osborne made a motion to approve the variance as requested. Chester House seconded the motion, which passed 4-0. APPEAL 78-16 Little Chief Broadcasting The minutes were approved as mailed. MINUTES The meeting adjourned at 5:35 P.M. 34 J