HomeMy WebLinkAbout1978-10-02 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Board of Adjustment
3:45 P.M., in the Board of Directors
Fayetteville, Arkansas.
MEMBERS PRESENT: Chairman Carl Yates, Dr. James White (left 4:15 P.M.), David
Newbern, Larry Smith, Mrs. Don Mills, Chester House, and
Richard Osborne (arrived 3:55 P.M.).
was held on Monday, October 2, 1978, at
Room, City Administration Building,
MEMBERS ABSENT: None.
OTHERS PRESENT: Bobbie Jones, Angie Medlock, Don Hunnicut, Joseph Pendleton.
Chairman Carl Yates called the meeting to order.
The first item for consideration was the public
hearing on Appedlt No. 78-21, Heckathorn
Construction Company, 1880 Birch , on an
application to vary setbacks, or more
specifically, he is asking for a setback of 16'8" from the North (side) property
line and the Ordinance requires 25 feet.
Don Hunnicutt was present to represent. Mr. Hunnicutt said he is proposing to
build an office building and warehouse next to the storage buildings already
existing on the property. He said the width of the lot for the office building
is 100 feet. Mr. Hunnicutt said they are proposing a 25 foot setback, as
required, on the south side for the driveway into the warehouse. He said they
are asking for approval for a 16'8" setback from the north side, since there
will not be any traffic on the north side. Mr. Hunnicutt explained that this
office building and warehouse will be under separate ownership from the other
warehouses owned by Mr. Heckathorn. He said they need to obtain a lot split
to split off this property. He noted that there has already been a large
scale development plan approved.
David Newbern questioned who owns the lots north of this property and Mr.
Hunnicutt said they are owned by Arkansas Electric and Ozark News Agency. Bobbie
Jones said she had received a call from Mr. Spencer at Arkansas Electrical Contractors
who was concerned about the sewer easement shown onthe plat which goes across his
property, which is not covered with an easement. Mr. Hunnicutt explained that
he was not sure where the sewer easement was when they drew up the plans, but he
has talked to Ozark News about the sewer easement going across his property and
Ozark News indicated they would give him the easement needed. He said the sewer
easement would not go across Arkansas Electrical Contractors property.
Mrs. Mills asked if they would have room to build to the back of the proposed
building and Mr. Hunnicutt said this would cause them to have to buy additional
land for outside storage area
No one was present in opposition.
Larry Smith said it would seem to be beneficial to have an easement on the south
side even if they have the 25 feet setback.
Chairman Yates explained that the Board of Adjustment cannot grant a variance if
no hardship is shown. David Newbern asked how long Mr. Hunnicutt and Mr. Heckathorn
have owned the property and Mr. Hunnicutt said they just decided to build this
office building on the property within the last month or so.
APPEAL NO. 78-21
Heckathorn Construction Co.
1880 Birch Ave.
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October 2, 1978 -2-
Chairman Yates said, other than money involved to buy additional land, there would
not be a hardship in meeting the requirements of the Ordinance.
The public hearing was concluded.
Next was the public hearing on Appeal No. 78-22, APPEAL NO. 78-22
Joseph T. Pendleton, 353 North Highland, on an Joseph Pendleton
application to vary setbacks, or more specifically, 535 N. Highland
he is asking for a side yard setback of 9 feet and
the Ordinance requires 10 feet in the R-0 District.
Joseph Pendleton was present to represent. He explained that there is an offset
in the house and it is 9 feet to the roof overhang. He explained that with the
additional room, he would be able to have a two-bedroom house rather than a one -
bedroom house.
Chairman Yates asked if this is rental property and Mr. Pendleton said "yes".
Davis Newbern asked how long Mr. Pendleton has owned the property and Mr. Pendleton
said he has owned it about two years. Chairman Yates noted that this property is
zoned R-0, and if it was R-1, the side yard setback requirement would be 8 feet.
Mr. Pendleton stated that he would be renting the house, but it would be rented
to his son.
David Newbern explained that the Board of Adjustment is supposed to find that
all requirements for granting a variance are met before they can grant a variance
and Mr. Pendleton had put "does not apply" on the applicant's statement where
reasons the Board could grant the variance should be listed.
Chairman Yates asked how long this property has been zoned R-0 and Bobbie Jones
• said it has been R-0 since 1970.
Dr. White left at 4:15 P.M.
No one was present in opposition.
•
David Newbern moved to deny the request for a variance. APPEAL NO. 78-21
He noted that there are several other ways the property
can be used to accomplish the same purpose and said he
did not feel the hardship had been shown.
David Newbern said he was concerned that the Planning Commission had approved
the large scale development plan and this property had been sold off since that
approval and is not proposed to meet building setbacks.
Mrs. Don Mills seconded the motion.
Richard Osborne asked if the Planning Commission will approve a large scale develop-
ment plan if there is an infringement on the required setbacks in relation to
someone else's property and Bobbie Jones said the Board of Adjustment would have
to grant a variance for the setback.
The motion to deny the request passed 5-0-1, with Mills, House, Osborne, Yates, and
Newbern voting "Aye" and Smith abstaining.
Don Hunnicutt asked the Board if they would be more receptive to a variance of
9' on the south side if he had an easement for access in addition to the 16'8"
setback. The Board indicated they would like him to go back and try to make
the buildings conform to setbacks.
Chester House said he feels the petitioner APPEAL NO. 78-22
is trying to improve his property and moved to grant
the variance as requested. Richard Osborne
seconded the motion.
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Board of Adjustment Meeting
October 2, 1978 -3-
Richard Osborne stated that he has a lot of reservations about granting the
variance. David Newbern said the Board has not been shown that any of the
requirements by which they can grant a variance have been met. He said the
difficulty is there is no hardship with the lay of the land and the petitioner
has not shown he could not utilize the property as it is. He stated that it
is more economically desirable to have a two-bedroom house but said he does not
feel literal interpretation of the ordinance would allow them to grant the
variance.
Chairman Yates said this request is different than Appeal 78-21 in that this house
is an old house which has been there for years and the zoning was changed in 1970.
He said the old requirements in R-1 were for a 5 foot side yard setback. He said
the R-0 zoning increased the setback to 10 feet. Richard Osborne agreed that
he would like to see the appearance of the neighborhood improved.
The motion to approve the variance passed 4-2-1, with Osborne, House, and Yates
voting "Aye", Newbern and Mills voting "Nay", and Smith abstaining.
Chester House, seconded by Mrs. Mills, moved to MINUTES
approve the minutes of the September 18, 1978
Board of Adjustment meeting. The motion passed unanimously.
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