HomeMy WebLinkAbout1979-01-02 MinutesMINUTES OF A BOARD.OF ADJUSTMENT MEETING
A meeting of the Board of Adjustment was held on Tuesday, January 2, 1979,
at 3:45 o'clock P.M. in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT: Chairman Carl Yates, Mrs. Don Mills, Chester House, Larry Smith,
and Steve Nickles.
MEMBERS ABSENT: David Newbern and James White.
OTHERS PRESENT: Bobbie Jones, Gail Biswell, Dr. John Andre, Glen Wing, and
Tom Burke.
Chairman Carl Yates called the meeting to order.
PUBLIC HEARING:
The only appeal for public hearing was
Appeal No. 79-1, Dr. John Andre, location
828 Pollard; Application to vary building
setbacks and parking requirements. Dr. John
Andre was present to represent.
Chairman Yates explained that the appli-
cant was actually requesting five different variances:
1. Requesting to be allowed a 10 ft. setback from College Avenue right-of-
way when a total of 35 feet would be required (25 feet normal setback and an addi-
tional 10 feet for the Major Street Plan) with no parking between the building
and the street and with 10% landscaping.
2. Requesting to be allowed to build with no setback from the right-of-way
of Pollard Avenue when a 25 feet setback would normally be required.
3. Requesting to be allowed a 2 feet setback from the north property line
when 10 feet would normally be required.
4. Requesting parking setbacks from the street right-of-way of 0 to 5 feet
when 15 feet with 20% landscaping would normally be required.
5. Requesting to be allowed to provide only 12 parking spaces instead of
the required 15 spaces.
Dr. Andre presented his request, stating that this lot has been considered
unbuildable for many years because the required setbacks practically overlap each
other, leaving little room for any construction. He stated that the lot is pres-
ently an eye -sore and has remained that way and will remain that way until adequate
variances are allowed which will allow room for construction. He stated he would
like to build a dome type office building surrounded by pleasing landscaping for
use as his chiropractic office. He also stated that the plans presented were the
sixth redraw and he has tried to adjust the plans in order to use the space effi-
ciently.
Chairman Yates questioned Dr. Andre whether he had considered putting a more
conventionally shaped building on the lot, which might reduce setback variances
needed. Dr. Andre responded that he had not because after studying the situation
fully and completely for a considerable length of time, he felt the round floor
plan would be the "only one" he could "live with" after taking into consideration
the amount of steps each doctor and employee would be required to take each day,
PUBLIC HEARING
APPEAL NO. 79-1
Dr. John Andre
828 Pollard
"67
Board of Adjustment Meeting
January 2, 1979
traffic flow; and other considerations. He stated he definitely intended to
build the dome -type building, and if necessary, he would build it somewhere else.
Mrs. Mills questioned how many doctors would use his clinic and he responded
that there would be four, including himself, possible five. He stated, however,
that there would never be more than two doctors present at one time since two
doctors would work Tuesdays, Thursdays and Saturdays and the other two would only
work Mondays, Wednesdays and Fridays. He stated that chiropractors keep different
hours than most doctors in that they usually put in 40 hours per week in three days
by working very long hours on those three days.
Mr. Yates questioned Dr. Andre as to whether the amount of parking spaces
they had allowed for would be sufficient, and Dr. Andre responded that he felt
they would be sufficient as the doctors normally see no more than one patient at
a time.
Chairman Yates noted that Dr. Andre was requesting to be allowed a 10 feet
setback from College Avenue and that this would be the minimum that Dr. Andre
could build from that right-of-way as this Board could not waive the 10' required
by the Major Street Plan. Bobbie Jones noted that she had spoken to representatives
of the State Highway Department in Springdale, Harrison and Little Rock and that
each of these men had stated that they were not certain as to the exact location
of the highway right-of-way along this property in that the retaining wall could
either be within the right-of-way or on private property. Dr. Andre had platted
his drawings using the retaining wall as the right-of-way and Mrs. Jones and Mr.
Yates commented that, depending upon the exact location of the right-of-way,
the amount of area platted could be either more or less.
Dr. Andre stated he would be able to get the billboards which are presently
located on the lot down within 30 days, should he be granted the variances which
would enable him to feel free to take the option upon the lot. He stated that
he would not buy the property unless he could obtain the variances needed in order
to obtain a building permit for the clinic.
Glen Wing, present in opposition, stated that he agreed that the lot needed
to be cleaned up and the billboards needed to come down, but he was concerned that
Pollard St. would become more or less an "alley -way" with tractor -trailer rigs,
sanitation department vehicles, etc. blocking it in order to service the clinic.
Mr. Wing stated he would not be opposed to any improvements on the lot which would
not be detrimental to the area and that if Dr. Andre could replat his proposal in
order to avoid using the Pollard Street right-of-way for parking, or if he could
excavate the lot in order to use College Avenue as entrance, he would not be op-
osed to the proposal.
Tom Burke, attorney for Dr. Sabra Hassel, an adjoining property owner op-
osed to the granting of the variances, stated that the clinic as proposed would
be built only 2 feet from Dr. Hassel's office building. He stated that Dr. Hassel
was concerned about this and also that she was concerned that the parking for
Dr. Andre's clinic would be inadequate. Mr. Burke stated that he felt "there are
all kinds of ways to improve property, but this just seems to be an attempt to
cram a building onto land where it just won't fit." He stated that he felt the
Board of Adjustment could only waive parking requirements and setbacks to the ex-
tent that good planning would result. He stated that this did not appear to be
good planning and that he did not see any real hardships which Dr. Andre would
incur if the variances were not granted.
Chairman Yates then asked if there were any further comments or questions
68
•
•
Board of Adjustment Meeting
January 2, 1979
- 3
by anyone present, and there being none, the public
on this appeal
CONSIDERATION:
Mrs. Mills stated that she was concerned
about the setbacks requested in that they were
so great and the intersections in the area were
so dangerous. She felt that to allow the vari-
ances (thereby allowing construction upon the lot)
would increase traffic in an already hazardous
highway intersection area.
Dr. Andre commented that he felt this Board
should consider the economic factors of this lot
in that, although the lot was probably too small to allow any construction of
any size with the required setbacks, he questioned whether the City or anyone
else would pay to improve the lot as a city park or for excavation of the lot
in order to use College Avenue as an access.
Chairman Yates noted that this Board could only grant the minimum variances
which would allow property to be utilized. He stated that he felt the proposal
for this lot was "too ambitious" a use considering the size of the lot and the
size of the problems. He also stated that the Board could not grant Dr. Andre
use of the Pollard Street right-of-way for parking and that would leave him only
nine spaces.
Mr. Nickles proposed to table the requests until rights of property owners
for use of rights-of-way for parking, buildings, etc. could be ascertained. He
stated that he did not feel that tabling would be out of line since the area is
presently an eyesore, since an interested person had made a proposal to develop
the lot aesthetically, and since the opposition was not that vigorous. Chairman
Yates questioned Dr. Andre whether tabling for Mr. Nickles' reason, or for the
reason to allow time for location of the right-of-way of College Avenue, would
benefit Dr. Andre. Dr. Andre responded that tabling would be no benefit to him
as he had to decide this week whether or not to purchase the property.
Mr. House stated he felt there were too many conditions to be met to allow
these variances and that he felt a conventionally shaped building might be better
suited to the lot. He stated that a conventionally shaped building might be
situated on the lot in such a manner which would leave more room for parking
without using the Pollard St. right-of-way for parking.
Larry Smith stated that he felt the shape of the lot was a hardship factor,
however, the large amount of variances requested bothered him. He said that he
felt Dr. Andre might be able to negotiate with a higher board, possibly the City
Board of Directors, and perhaps obtain a waiver of the Major Street Plan provisions
for the College Avenue right-of-way.
Chester House moved to deny the variances. Don Mills seconded the motion,
which passed 4-1 with Steve Nickles casting the nay vote.
hearing was declared closed
CONSIDERATION OF
APPEAL NO. 79-1
Dr. John Andre
828 Pollard
The minutes of the previous meeting of December. 18, 1978, were approved
as mailed.
The meeting adjourned at 5:15 o'clock P.M.
41
PAGE SUBJECT
1,2 Paradise Valley Development, Inc. (Appeal 78-1 - N. of Sweetbriar Dr.)
•3 Robert M. Reagan (Appeal 78-2 - 2687 Azalea Terrace)
6,7,9,11 John Purtle $ Arthur Cearley (Appeal 78-3 - 241 North College,Dixie Pig)
7 Trinity Methodist Church (Appeal 78-4 - 1002 Hall Ave.)
10.12 Oscar D. Titus (Appeal 78-4 - 2910 S. School)
10,12,14 James S. Jackson (Appeal 78-5 - 1770 N. College)
11,13 Norman Gabbard (Appeal 78-7 - 714 W. 6th St.)
.16 Philip J. Colwell (Appeal 78-8 - 3 East Maple St.)
18 David White Electronics (Appeal 78-9 - 101 W. Rock St.)
20 Don Johnston (Appeal 78-10 - 200 E. Rock)
22 Don Moore (Appeal 78-11 - 1793 Applebury Place)
25,28 Mrs. Exie Hardy (Appeal 78-12 - 573 N. Walnut)
25,31,33,36,38Ray Lofton (Appeal 78-13 - 5270 E. Huntsville Rd.)
26,28 Jerry D. Sweetser (Appeal 78-14 - Lawson a Gregg)
27,28 Shilo Properties (Appeal 78-15 - Poplar 8 Green Acres Rd.)
32 Little Chief Broadcasting Co. (Appeal 78-16 - Dinsmore Trail)
35,37 Metrocenter (Appeal 78-17 - Meadow St. (4 East Ave.)
39 James R. Sledge (Appeal 78-19 - 1203 Carter Street)
39. Bruce Neal (Appeal 78-20 - 2510 Wyman Road)
41,42 Heckathorn Construction Co. (Appeal 78-21 - 1880 Birch Ave.)
42 Joseph Pendleton (Appeal 78-22 - 535 N. Highland)
44 Richard Rogers (Appeal 78-23 - N. of Township Rd. $ S of Rosewood Estates)
48,51 Frank Scott (Public Hearing - Appeal 78-27 - 380 W. 27th Court)
49,52 W.C. Morton (Public Hearing - Appeal 78-24 - 705 Sunset Ave.)
50,52 Richard Atkinson (Public Hearing - Appeal 78-28 - 695 Gray Ave.)
50,52 David M. Colclasure (Public Hearing - Appeal 78-26 - 3240 Old Farmington Rd)
51,53,59 Howard Prichard (Public Hearing - Appeal 78-25 - 1194 S. Washington Ave.)
60,62,65,77Shirley Sweetser (Public Hearing - Appeal 78-30 - 101 E. 13th St.)Pg.81,83
yy//54,59 Modern Fence Co., Inc. (Public Hearing - Appeal 78-29 - 3010 W Sixth St.)
56,60 Johnie Bassett (Public Hearing - Appeal 78-31 - 4075 N. College)
58,61 Maxine Vaught (Public Hearing - Appeal 78-32 - 716 N. Walnut)
62,65 Uark Federal Credit Union (Public Hearing - Appeal 78-33 - 940 W. Douglas)
64,65 The Parnell Group, Inc. (Public Hearing - Appeal 78-34 -'2131 W. 6th St.)
67,69 Dr. John Andre (Public Hearing - Appeal 79-1 -.828 Pollard)
70 Elwayne $ Pauline Calloway (Appeal 79-2 - 3061-3063 Itson Road)
72,75 Fayetteville Glass Co. (Appeal 79-3 - 1725 N. College)
73,76 Gitelman and McIvor (Appeal 79-4 - 1129 W. Lakeridge Drive)
73,76 Robert E. Cole (Appeal 79-5 - 49 N Razorback = Kindercare Nursery School)
77,79 Mr. $ Mrs. George E. Flowers (Appeal 79-6 - 311 E, Rock St.)
78.79 Mrs. Exie Hardy (Appeal 79-7 - 573 N. Walnut)
82,83 Wade Bishop (Appeal 79-8 - 2932, 2934 $ 2936 Sunny Lane)
84 Frank L. Doughty (Appeal 79-10 - 884 E. Skyline Dr.)
86,89 John Honeycutt (Appeal 79-11 - 528 Lytton)
87,89 Kim.$ Cecily Brawner (Appeal 79-12 - 91 S. Duncan)
87,90 The New School (Appeal 79-13 - N. of Township Rd.)
89,91.• James P:.Treffinger (Appeal 79-14 - 318 E. Lafayette)
93,95,98,102- Mathias 'Morningside Apts. (Appeal 79-15 - 741 S. Morningside Dr.)
94,96 Alaric..& Judith Haney (Appeal 79-16 - 2706 Denver Ave.)
99,103 First National Bank (Appeal 79-17 - East Side Square)
101,103 Ray's Flowers f Gifts (Appeal 79-18 - 800 S. School)
102,104 City of Fayetteville (Appeal 79-19 - 217 E. Dickson)
106,109 Pettus $ Johnson (Appeal 79-21 - 18 E. Dickson)
•
106,109 Bessie Martin (Appeal 79-22 - 1224 Hillcrest Ave.)
107,109 Phi Kappa Psi (Appeal 79-23 - 360 Arkansas Ave.)
108,110 Off -Street Parking - Development District #1 (Appeal 79-24)
112,113 Windell Cullers (Appeal 79-25 - 2322 Lawson St.)
•
DATE
02-06-7E
03-06-7E
03-20-7E
03-20-7E
04-03-7E
04-03-7E
04-03-7E
05-01-7E
05-22-7E
06-05-7E
06-19-78
08-07-78
08-07-7E
08-07-78
08-07-78
08-21-75
09-05-78
09-18-78
09-18-78
10-02-78
10-02-78
11-06-78
11-20-78
11-20-75
11-20-78
11-20-78
11-20-78
12-04-78
12-04-78
12-04-78
12-04-78
12-18-78
12-18-7S
01-02-79
01-15-79
02-05-79
02-05-79
02-05-79
03-05-79
03-05-79
03-19-79
04-16-79
O5-07-79
05-07-79
05-07-79
05-07-79
05-21-79
05-21-79
06-04-79
06-04-79
06-04-79
07-16-79
07-16-79
07-16-79
07-16-79
08-06-79
•
BOARD OF ADJUSTMENT ATTENDANCE RECORD FOR 1979
DATE
n
t
''
Carl
Yates
Steve
Nickles
Larry
Smith
David
Newbern
Don
Mills
Chester
House
James
White
January 2, 1979
X
X
X
Absent
X
X
Absent
January 15, 1979
Absent
X
X
X
X
X
Absent
February 5, 1979
X
X
X
X
X
X
X
March 5, 1979
X
Absent
Absent
X
X
X
X
March 12, 1979
Absent
X
X
Absent
Absent
X
X
April 16, 1979
X
X
X
X
X
X
Absent
May 7, 1979
Absent
X
Absent
Absent
X
X
X
May 21, 1979
Absent
X
X
X
Absent
X
Absent
June 4, 1979
X
X
X
X
X
X
X
IIB.
July 2, 1979
X
X
Absent
X
Absent
X
waidre
Absent
July 16, 1979
Absent
X
X
Resigned
Vacant
X
X
X
August 6
X
X
X
#
X
X
Abseil
August 20, 1979
X
X
X
#
Abs.
X
X
—___Sept_ember 4,
1979
X
X
X
#
X
X
X
Ad,
/*99
X
L).
/
----
x
x
, i7_,
Oct. 1, 1979
Abs.
X
X
#
X
X
X
November 5. 1979
X
X
Abs.
1.' TOMpki+is
X
X
X
X
yc40,6,19,14gy
m.
etic,J2
/
/
X
)(
December 3, 1979
X
X
X
Abs.
X
X
X
n
t
''
PAGE
112,114
•115,116
118
119
120
123
126,131
126
134,135
134
138,140
139,140
142,146
142
148,150
149,150
152,155
153,155
154,156,157,
158,161
162,165
164,167
168
172,174
173,175,177,
174,175
178,180
. 182,185
183,186
184,187
SUBJECT
Kincaid, Horne, and Trumbo (Appeal 79-26 - 207 West Center St.)
David Griffee (Appeal 79-27 - 3220 Navajo Court)
Herbert Hatfield (Appeal 79-29 - 123 N. College)
Everett Lee Evans (Appeal 79-28 - 1308 N. Gregg)
V.F.W. (Appeal 79-30 - 520 South Locust)
V.F.W. (Appeal 79-31 - 520 South Locust)
John I. Mehrholz (Appeal 79-32 - 1723 North College Ave.)
Robert J. Werner (Appeal 79-33 - 410 East Huntsville Rd.)
Fayetteville Skating Center (Appeal 80-2 - 661 W. Ash)
Dr. Richard Ezell $ Dr. Bill Dill (Appeal 80-3 - 2017 Green Acres Rd.)
George Henry Presley (Appeal 80-4 - 415 W. Prairie St.)
Calvary Baptist Church (Appeal 80-5 - 1410 Porter Rd.)
James E. Lindsey (Appeal 80-6 - 1929-2025 East Oaks Dr.)
Sumner $ Greener (Appeal 80-7 - Meadow & East - Hilton Hotel)
Ralph H. Nesson (Appeal 80-8 - 1007 Morningside Drive)
Dr. J. B. Hays (Appeal 80-9 - 2781 N. College Ave.)
Sumner 8 Greener (Appeal 80-10 - University Hilton)
John King (Appeal 80-11 - 204 Miller St.)
160 Elnora Bennett (Appeal 80-12:- 718 S. Locust Ave.)
Lindsey & Associates (Appeal 80-13 - 1929-2031 East Oaks Dr.)
Jeremy Hess (Appeal 80-14 - 137 Graham Ave.)
First Pentecostal Church of God (Appeal 80-15 - 1351 Morningside Dr.)
Brophy Addition (Appeal 80-16 - Variance Setbacks, Height, Fourplexes)
Fowler Fast Foods, Inc. (Appeal 80-17 - 2117 West 6th St.)
179 Mrs. Roy Brumfield (Appeal 80-18 - 1224 North Hillcrest Ave.)
Arthur L. Evans, Sr. (Appeal 80-19 - 327 S. Combs Ave.)
Ozark Food Cooperative (Appeal 80-21 - 401 Watson St.)
James D. Wilson (Appeal 80-20 - 906 West Douglas St.)
Mildred L. Graue (Appeal 80-22 - 314 West Rock St.)
Herbert Hatfield (Appeal 80-23 - 22 East Meadow St.)
DATE
08-06-79
08-20-79
09-17-79
09-17-79
10-01-79
11-05-79
11-19-79
11-19-79
02-04-80
02-04-80
02-18-80
02-18-80
03-03-80
03-03-80
05-05-80
05-05-80
05-19-80
05-19-80
05-19-80
06-02-80
07-07-80
07-07-80
08-04-80
09-02-80
09-02-80
09-02-80
10-06-80
10-20-80
10-20-80
10-20-80