HomeMy WebLinkAbout1979-07-16 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
• A meeting of the Board of Adjustment was held on Monday, July 16, 1979, at
3:45 P.M. in the Directors Room, City Administration Building, Fayetteville,
Arkansas.
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PRESENT: Acting Chairman Chester House, Larry Smith, Mrs. Don Mills,
Steve Nickles, and Bob Waldren.
ABSENT: Chairman Carl Yates. (One position vacant.)
OTHERS PRESENT: Bobbie Jones, Angie Medlock, Phyllis Johnson, Bessie
Martin, James A. Hathaway, Jr., A. D. McAllister, Jr.
Charles Okerbloon, Chad Kumpe, Mel Milholland, Garland
Melton, and other unidentified persons.
CALL TO ORDER
In the absence of Chairman Carl Yates, Acting Chairman Chester House
called the meeting to order.
Acting Chairman House opened the public hearing APPEAL NO. 79-21
on Appeal No. 79-21, Pettus & Johnson, 18 East PETTUS & JOHNSON
Dickson Street, on an application to vary setbacks 18 E. DICKSON
to allow construction of a porch 13 feet from the
street right-of-way. The zoning ordinance requires a 25 foot setback from
the roof overhang to the street right-of-way on. Highland Street.
Attorney Phyllis Johnson explained that her firm has purchased the
house located at the corner of Highland and Dickson Streets and are rennovating
the house to continue its use as an office. She said it had been used as an
office for many years.
Johnson explained that they are proposing to add a porch on the Highland
Street side as this is the door which is used by clients. She said the porch
will be complimentary to the large porch on the Dickson Street side of the
house, and will enhance the appearance of the house. She commented that the
porch will also provide protection from the weather.
Phyllis Johnson stated that there are two adjoining properties in
the area which have porches which also do not meet setback requirements and
what they (Pettus & Johnson) are proposing will not be any closer than those
other porches.
There being no public opposition expressed, Acting Chairman House closed
the public hearing on Appeal No. 79-21.
The Acting Chairman then opened the public APPEAL NO. 79-22
hearing on Appeal No. 79-22, Bessie Martin, BESSIE MARTIN
on an application to vary setback requirements 1224 HILLCREST AVE.
to permit a carport which would be 14 feet from
the roof overhang to the street right-of-way. The ordinance requires 25 feet.
Bessie Martin explained the proposed carport would be added to the north
side of the house which is mostly glass and would serve as making the house
more energy conserving as well as ar.carport.
In response to Mrs. Mills, Ms. Martin said she has lived in the house
approximately two months. She explained the requested carport is 17 feet
by 18 feet but they could get by with a smaller carport.
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Board of Adjustment Meeting
July 16, 1979
Page 2
Ms. Marti
carport is so
visibility.
There bei
hearing.
n's daughter, Kathryn McLaughlin, stated that the proposed
far back from the street that it would not interfere with
ng no public opposition, the Acting Chairman closed the public
Acting Chairman House opened
hearing on Appeal No. 79-23,
Fraternity, on an application
minimum lot width and minimum
lot area of 9,000 square feet
the public
Phi Kappa Psi
to vary the
lot area to permit 60 foot
. The ordinance requires a
of 90 feet and a minimum lot area of one acre.
Mr. James A. Hathaway, Jr. agent for the Phi Kappa Psi Fraternity,
explained that the fraternity was colonized at the Fayetteville campus last
fall and at that time the University promised to assist the colony in
locating housing for the colony. Hathaway said he had, however, spent a
great deal of time trying to locate a dwelling for the colony but had found
no facilities available. He said they have conditionally purchased the
property at 360 Arkansas Avenue contingent on getting clearance from the City.
Mr. Hathaway stated that they anticipate 12 members of the colony will
live in this house, which will not be any greater density than what was there
when it was used as an apartment house. He said no group meals will be served
and the square footage of the building is insufficient to have functions for
the 40 members of the colony. He said it would merely be used as a place of
residence for 12 of the 40 members..
Hathaway requested the variance be granted as they have 1) searched
diligently for another facility and have found nothing; and 2) a number of
students have already made plans to live in the facility. Hathaway stated
that this house is merely an interim solution for the fraternity and there
are no long-range plans to have this house serve as the permanent residence
for the fraternity.
Bob Waldren asked what kind of meetings would be held at the residence
and Mr. Hathaway said he had not discussed this with the group leadership,
but they have been meeting at the University and contended that the proposed
facility would not house 40 persons.
Mrs. Don Mills quest'oned the access to the property and Mr. Hathaway
said he did not know if they could use the gravel drive out to Reagan as
an access.
Mr. A. D. McAllister Jr. was present representing adjoining property
owner Mary Wood Block. He noted that the property at 619 Reagan uses the
west side of the house as their yard since the front yard -is so small, and
with a fraternity there and the traffic which would be generated, it would
be dangerous for small children. He submitted also that the basement of the
house in question could entertain 40 people very easily for meetings and
functions. He suggested that perhaps the reduced membership (12) was made
to comply with the provisions of the ordinance and questioned how many guest
visitors the residents would have and how many guest cars would often be
there.
Mr. McAllister noted problems with the traffic in the area. He contended
that the one acre requirement for a fraternity is in the ordinance for a very
good reason and noted that the requested variance is for 1/5 of the require-
ment. Mr. McAllister said his clients are making considerable improvements
to their existing structures and they feel their position will be diminished
by the presence of the contemplated proposal.
APPEAL NO. 79-23
PHI KAPPA PSI
360 ARKANSAS AVE.
minimum lot size and
minimum lot width
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Board of Adjustment Meeting
July 16, 1979
Page 3
Mr. Waldren asked Mr. McAllister if he knew how many people had been
living in the residence and Mr. Charles Okerbloon said he lived adjacent and
estimated 12 persons had been living in the facility. Mr. Okerbloon stated
that he had lived at 360 Arkansas Avenue since 1955. Okerbloon said it would
be very difficult for him to sleep with the increase in traffic, beer parties,
and noise generated by the fraternity house. He stated that he would like to
vigorously protest allowing a fraternity house in the proposed location.
Mr. Hathaway contended that the building would still house 12 people,
even though it would have Greek letters on the door and would house 12 members
of a fraternity. He assured the Board that if permission were granted to use
the facility as contemplated, improvements would be made inside and out to the
structure which would enhance the area.
Mr. Hathaway said they would be willing to make assurance that no more
than 12 people would live in the facility. He stated that they do not intend
to pack in more people as suggested by Mr. McAllister.
Mr.McAllister pointed out the significance that the land area will
not meet requirements and stated that"when you call the house afraternity
you have to stick with requirements of the law for a fraternity:
There being no further opposition, the Acting Chairman closed the public
hearing.
The Acting Chairman opened the public APPEAL NO. 79-24
hearing on a request by the City of OFF-STREET PARKING
Fayetteville Off -Street Parking Develop- DEVELOPMENT DISTRICT #1
ment District #1 to be allowed to develop
parking which would back into a public alley for lots #6 located at the NE
corner of Church Avenue & Center Street; lot # 1 located on the East side of
Church Avenue, between Center Street and Mountain Street; Lot #2 and #10
located on the north side of Rock Street, between Block and East Avenues.
Chad Kumpe. and Mel Milholland were present representing the Off -Street
Parking Development District #1. Mr. Milholland presented a map showing
the parking lots which have been purchased for the parking district. He
explained that they are requesting a variance for Lots 1, 2, nand the south
half of Lot 6 to allow cars to back into a public alley. Milholland
stated that at the present time the north half of Lot 6" is already laid
out withangleparking and the cars are presently backing out into the public
alley.
Mr. Milholland explained that if the parking is situated with 90°
parking as they have proposed,it will provide approximately twice as much
space to maneuver. He said the alley could be either a one-way or two-way
alley. In response to the Board's concern that the alley would be blocked
when delivery trucks were unloading at Lewis Bros. Mr. Milhclland pointed
out that at the present time when delivery trucks are unloading, the alley
is completely blocked. Milholland asked that the Board consider granting
the variance to obtain optimum parking spaces and the most efficient maneuver-
ing of the traffic flow.
In response to Steve Nickles, Mr. Milholland said this arrangement
would allow 90 degree parking off the alley and approximately 23 feet between
the back stall of the cars and the other side of the alley right-of-way.
Milholland explained that with the new proposal, persons could drive through
the alley and cross a public street to get to another parking lot rather
than having to circle the Square seeking parking spaces. Milholland said
they plan to use concrete tire stops rather than a concrete aisle because
the concrete tire stops would allow better drainage and could be moved if
necessary.
Board of Adjustment
July 16, 1979
Page 4
Mr. Waldren asked if the power facility would remain in the parking lot
behind Lewis Bros. and Mr. Milholland explained that the large facility would
remain but the poles would be removed.
There being no opposition, the acting chairman closed the public hearing
on this appeal.
The Acting Chairman opened discussion on APPEAL NO. 79-21
Appeal No. 79-21 submitted by Pettus and PETTUS & JOHNSON
Johnson. Mr. House said he feels the
appearance of the building would be much better with the addition of a small
porch ,and it would serve for protection of the building as well as blending
in with the rest of the building.
Steve Nickles said he had examined the ordinance and doesn't feel the
request meets the requirements for granting a variance. He recognized however
the exception that 1) the various isdininuous in that the porch will only
cover the concrete stoop which is already there; and 2) putting a cover on
the existing stoop would not be any more offensive than what is already
there.
Mr. Nickles then moved the variance be granted due to the fact that it
is a diminuous request and there is already a structure there. Mrs. Don
Mills seconded the motion which passed 5-0.
Mr. House asked for the Board's feelings on APPEAL NO. 79-22
Appeal No. 79-22 submitted by Mrs. Bessie MRS. BESSIE MARTIN
Martin and requesting a variance in setback
requirements to allow construction of a carport.
Mrs. Don Mills stated that she is very sympathetic with the petitioner
but the situation was evident when Mrs. Martin purchased the house, and she
doesn't see any reason for granting the variance. Mrs. Mills then moved the
request be denied. Bob Waldren seconded the motion which passed 5-0.
Mr. House opened consideration of Appeal No. APPEAL NO. 79-23
79-23, Phi Kappa Psi, on a request to vary lot PHI KAPPA PSI
frontage requirements and minimum lot size to
permit a "colony" to occupy a residence located at 360 Arkansas Avenue.
Mr. Waldren stated that he feels the fraternity has diligently searched
for a facility for their members. He said, however, that even in their good
faith, a situation may arise in which their good intentions are not met, and
he feels the space requirement in the ordinance for a fraternity is there
for a good reason.
Mr. Nickles stated that if they assume the ordinance applies to "colonies"
as well as "fraternities" they would need to show special circumstances of
hardships relative to the land, of which there are none. He stated that he
has been associated with fraternities and colonies and they do tend to
congregate at a central location.
Larry Smith stated that he was concerned about the size of the variance.
He commented that anyone living in that area, however, shouldn't be surprised
if a fraternity moves next door to their residence. He noted also that the
parking would be tight to get 12 cars in there.
Mr. Waldren moved to deny the variance. Mrs. Mills seconded the
motion which passed 5-0.
i paw
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Board of Adjustment
July 16, 1979
Page 5
The Acting Chairman asked for the Board's APPEAL NO. 79-24
feelings on Appeal No. 79-24, submitted by OFF-STREET PARKING
the City of Fayetteville Off -Street Parking DEVELOPMENT DISTRICT
Development District #1. #1
Mr. Nickles questioned the uniqueness of
the land which would allow granting of a variance and Chad Kumpe contended
that the uniqueness is the fact that the property is located in the Downtown
C-4 District.
Larry Smith said he feels this is a good example of the practicality of
the request rather than hardship. Mr. Milholland stated that he had talked
with Lewis Bros. who have no objections to the backing out onto the alley.
Garland Melton stated that time is a critical problem in that First
National Bank is almost ready to proceed with construction of their new
building and this will delete 80-90 currently being used parking spaces,
in addition to construction worker's vehicles for the bank, the Continuing
Education Center, and the hotel.
Mr. Nickles'was concerned that hardship%relating to the land is not
shown. He said he was not sure the Board has the authority to grant a
variance even though they agree with the need for it. Mr. Nickles said the
consistency aspect of granting variances bothers him more than anything
else unles they want to create special exceptions for parking districts.
He suggested that perhaps this should be a policy decision of the Board.
In response to the Board, Mrs. Bobbie Jones said she felt Mr.
Milholland had broughtthis variance request to the Board at her insistence.
She commented hbwever, that at one point the City Attorney had expressed
the opinion that he felt city ordinances may not apply to city projects.
Mrs. Mills said she feels the request is a much better, more practible
use of the land for parking spaces.
Larry Smith pointed out that the ordinance which the City is working
under was set up before the C-4 district was established. He said no one
could have foreseen the problems associated with the C-4 district, thus
they were not provided for. Smith said he feels someone needs to consider
the variance if the Board of Adjustment does not have the authority to
make an adjustment. Garland Melton emphasized that they do not have the
time to go to several different boards and asked that the Board of Adjust-
ment grant the variance as requested.
Mr. Nickles stated that there needs to be something unique about the
land in order for the Board to grant a variance, or some reasonable require-
ment relating to public health, safety, and welfare. Mrs. Mills commented
that she feels this request is unique.
In response to the Board, Bobbie Jones stated that she feels the intent
of the ordinance not allowing someone to back out onto the street is so the
flow of traffic will not be impeded. Bobbie Jones said the Planning Commission
is aware of what the parking district is wanting to do and expressed the
same concerns of the Board about blocking the alley, especially for
emergency vehicles. She said the petitioners had asked the Planning Commission
if they would consider amending the ordinance but they had suggested the
representatives of the district go to the Board of Adjustment for a variance
because they had not had time to study changing the ordinance and because
the district was faced with a time problem.
Garland Melton stated that the parking district will take it upon
themselves to get the best possible utilization of the parking space
available including shrinking the parking spaces as the size of automobiles
increases.
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Board of Adjustment
July 16, 1979
Page '6
Mr. Nickle stated that what sways him is the uniqueness based upon the
location of the land, and said he feels the Board should consider this
situation unique since they had considered First National Bank's request
unique.
Larry Smith then moved that the variance be approved as requested.
Steve Nickle seconded the motion, which passed 5-0.
Steve Nickles moved, in light of the VICE-CHAIRMAN APPOINTED
resignation of Vice -Chairman Newbern, that Chester
House be appointed vice-chairman of the Board of Adjustment. Mr. Waldren
seconded the motion, which passed 5-0.
There being no corrections or additions MINUTES
necessary to the minutes of the previous
meeting, the minutes were approved as submitted.
There being no further business, the Board adjourned at 5:30 P.M.
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