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HomeMy WebLinkAbout1978-09-05 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held on Tuesday, September 5, 1978, at 3:45 P. M., in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Larry Smith, Dr. James White, Chairman Carl Yates, Mrs. Don Mills, Chester House. MEMBERS ABSENT: OTHERS PRESENT: Richard Osborne, David Newbern. City Manager Don Grimes, Allen Sumner, Terry Sullivan, Esther White, Bobbie Jones, Angie Medlock, Mrs. Ray Lofton, and other unidentified persons. Chairman Carl Yates called the meeting to order. The first item was the public hearing on Appeal No. 78-17, APPEAL NO. 78-17 submitted by Metrocenter, for a building to be located METROCENTER on the southeast corner of Meadow Street and East Avenue, Meadow St: & East Ave. on an interpretation on parking requirements, or a variance in the number of spaces required, and also to vary setbacks. More specifically, applicant is asking for an interpretation on the number of parking spaces required for the proposed hotel, since people using the Continuing Education Center may also be using the hotel, as well as the parking garage. The proposed parking garage will contain 215 spaces for this building and the parking needed, as determined by the Planning Administrator, is 225 spaces. Applicant is also asking for a variance from the required 8 ft setback from the centerline of a public alley in order to build an elevated, covered pedestrian walkway from the parking garage into the hotel. Mrs. Don Mills said she would not be voting on this appeal. Mr. Allen Sumner and Mr. Terry Sullivan were present to represent the appeal. Mr. Sumner explained that they are asking for a variance to allow them to construct an overhead walkway to connect the parking structure to the hotel. He said at this time they do not plan to enclose the walkway because 1) there is the distant possibility the City may add additional floors to the parking facility in the future, and 2) at the present time, plans indicate the level of the parking garage from which they would be crossing to the hotel will be open. He said they would like to leave it open as to whether it will be covered or uncovered at this time. Mr. Sumner noted that the 16 foot height is more than adequate for both sanitation pickup and fire trucks. Dr. James White questioned who would have ownership of the walkway and Allen Sumner said the hotel would be willing to build the connection as part of the hotel con- struction and would be willing to own it or, would be willing to deed it to the City as part of the parking structure. City Manager Don Grimes clarified that the parking facility as proposed at this time, will be owned by the City Mr. Sumner explained that there should not be a construction problem with the walkway, since plans now are that the Continuing Education Center, the parking garage, and the hotel will be finished within a month or so of each other. Allen Sumner explained that the Planning Administrator has determined that the hotel will require 225 parking spaces and the firm hired by the City to do the economic feasibility study, Young, Dehawai, and DeShazo, have submitted preliminary numbers which are less than the City's requirement for the hotel. Mr. Sumner said they are asking for a variance to go with the ultimate recomendations of the parking study. Sumner noted that this may be 220, 200, or could be more than the City's requirement. He said the engineering firm sees a unique Overlap in use of the Continuing Education Center and the hotel, and that is why they are seeking the variance. 35 • • • Board of Adjustment Meeting September 5, 1978 -2- City Manager Don Grimes stated that using the requirements of the Zoning Ordinance as interpreted by Bobbie Jones, the hotel would require 225 spaces and the Continuing Education Center would require 84, which would total 309 spaces. He noted that preliminary indications are that the proposed parking structure will be 302 spaces. He said the two facilities do not need the individual number of spaces required because of the overlap. Mr. Grimes said they are asking that the Board approve the variance at this time, and when they get the final figures from the parking study, they would like to come back before the Board. City Manager Grimes explained that both the Continuing Education Center and the hotel will have to be under contract with the City for their parking spaces before the structure can be built. Dr. White questioned if the City has other metered parking and Mr. Grimes said "yes". Chairman Yates questioned the possibility of adding future floors onto the parking garage and Mr. Grimes said they may add another floor later and may possibly have a total of four floors. Mr. Grimes explained that the parking garage would be owned by the City, but may be operated by the parking authority. Chester House said he felt the City may be the only ones who have the authority to build the walkway because of the air rights. Chester House questioned how many rooms would be in the hotel and Mr. Sumner said there would be 180. Mr. House asked if the hotel would have banquet facilities and Mr. Sumner said "yes". Chairman Yates said he felt the parking needed for the banquet facilities would have been taken into consideration when the parking ordinance was passed. Chairman Yates asked Mr. Sumner if the parking study came back with a recommendation for more than the 225 spaces, would the hotel still be willing to go with that recommendation and Mr. Sumner said they would. There was no public opposition. The public hearing was concluded. Next was the public hearing on Appeal No. 78-13, APPEAL NO. 78-13 Ray Lofton, 5270 Huntsville Road, on an application RAY LOFTON to vary distance from dwelling on same premises for 5270 Huntsville Rd. animal related usage. This was tabled at the August 21 meeting until more members of the Board could be present. More specifically, applicant is asking to be allowed to have an animal related usage 176 feet from a dwelling on the same premises and the Ordinance requires 200 feet. Chairman Yates explained that this appeal has been before the Board twice, the first time the applicant was not present, and the second meeting, only four members of the Board were present, and there was a split vote. Attorney Esther White was present to represent the Loftons.White pointed out that the issue is not whether or not this use is allowed in this zone. The Ordinance required an animal related usage to be 200 feet from another dwelling or an R District and the pig pens are less than 200 feet from the Loftons home. Ms. White explained that Building Inspector Freeman Wood had been out to the Loftons to measure to see if the building itself was outside the City and determined that it was. Ms. White said Mrs.Lofton at that time asked Mr. Wood if a building permit would be required for the holding pens which were proposed and Mr. Wood said no. She said Town and Country plumbing had done the plumbing and they said they had called City Plumbing Inspector Tom Tucker, who told them no permit would be necessary for the plumbing. Esther White explained that the hardship is that the Loftons have already spent $20,000 and if they had known there was a problem, they could have constructed the pens the required 200 feet from the dwelling. 36 • • Board of Adjustment Meeting September 5, 1978 -3- Board Member James White asked when the City became involved in knowing about the structure and Esther White said Mr. Wood had been out to the Lofton's around Christmas. She said Mr. Wood inquired what else would be involved in the structure and Mrs. Lofton told him there would be a concrete slab and fencing for the holding pens, and Mr. Wood told her no permit would be necessary. Dr. White asked if Mr. Wood mentioned the 200 foot setbackrequirement and Mrs. Lofton said "no". Mrs. Lofton said Freeman Wood said he thought everything was fine and if it was not, he would contact her immediately and she didn't hear from anyone until the pens were finished and in use. Gladys Couch, Mr. Neal, and Mr. Garrett were present in favor of the variance and said the pens do not bother them. Mr. Garrett also presented a letter in favor from Mr. Wayne Dunaway. Sid Davis, adjoining property owner, said they had no to be built there or they would have objected sooner. copy of an advertisement placed by the Loftons in the on record in the Planning Office. Sid Davis questioned if the runoff from the pens goes Lofton said it does not. Mrs. Mills questioned if Mr. Wood should have been aware of the 200 foot setback requirement and Bobbie Jones said Mr. Wood is not fully familiar with the zoning requirements. Jim White questioned who sent Mr. Wood to check the building and Bobbie Jones said the first she was aware of this was when the Inspection office received a complaint. Mr. Joe Cowan, Paradise Lane, said he had called the Inspection Office to complain. He noted that there is a problem with pollution and flies. Larry Smith questioned if it was determined at the last meeting that a building permit was not needed for the concrete slab and fencing and Bobbie Jones said one was not needed. The public hearing was concluded. Larry Smith said he feels Bobbie Jones'interpretation APPEAL NO. 78-17 of spaces needed is correct but he feels this is a METROCENTER small variance and there is a dual use of the parking Meadow St. & East Ave. spaces by both facilities, and the variance would not Parking bother him, looking at the overall project. -- Chairman Yates pointed out that 309 spaces are needed and they are proposing 302 for the entire project. Dr. White said he would like to tie the two projects to the 302 spaces. Mr. Grimes questioned if they could come back to the Board after the parking study has been completed and the Board indicated he could. Mr. Yates said if the parking study does determine that they need more than the 302 spaces, the developer will not be required to furnish more than the 302. Dr. White, seconded by Chester House, made a motion to grant the variance from 309 to 302 spaces, which passed 4-0-1 , with House, Smith, White, and Yates voting "Aye" and Mills abstaining. Dr. White said he felt the City should be the one Overhead Walkway asking for this variance. Chester House pointed out that he would rather see the hotel build the walkway. Larry Smith agreed that the City should not extend the walkway over to a private building. After some discussion, Chester House made a motion that the variance be granted for the construction of the overhead walkway from the parking structure to the hote Larry Smith seconded the motion, which passed 4-0-1, with House, Smith, White and Yates voting "Aye" and Mills abstaining. advance notice of what was He gave the Chairman a Elkins newspaper, which is across his land and Mrs. 3? • • • Board of Adjustment Meeting September 5, 1978 -4- Chariman Yates questioned if the variance would g 'APPEAL NO. 78-13 have been needed if Mr. Lofton had built the RAY LOFTON structure 200 feet from the dwelling and Bobbie 5270 Huntsville Rd. Jones said the only thing he would need would be a plumbing permit. Mrs. Mills and Larry Smith agreed that this has been a misunderstanding. Larry Smith said this shouldn't have gotten this far before someone discovered the problem. Mrs. Mills said what bothers her is that when someone asks someone if they need a permit and they say "no", they feel safe to go ahead with the construction. Dr. White pointed out that what people are objecting to is the operation itself, and not the setback. Chairman Yates questioned how long this property has been in the City limits and Bobbie Jones said it was annexed in about 1965-1966. Bobbie Jones noted that they should have obtained a Certificate of Occupancy clearing the use as required in Article 9 Section 3 of the Zoning Ordinance. She said if they grant the variance, she will be able to clear the Certificate of Occupancy. Mrs. Mills, seconded by Dr. White, made amotion to grant the variance as requested. The motion passed 4-1, with Mills. White. Yates, and Smith voting "Ave". and House voting "Nav". MINUTES