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HomeMy WebLinkAbout1979-09-17 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 4:00 P.M., Monday, September 17, 1979, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Carl Yates, Larry Smith, Chester House, Mrs. Don Mills, and Bob Waldren. MEMBERS ABSENT: Steve Nickles (one position on Board is vacant). OTHERS PRESENT: Bobbie Jones, Michelle Hale, and Herbert Hatfield. Chairman Yates called the meeting to order. There was no one present to represent Appeal No. 79-28 so they decided to hear Appeal No. 79-29 first. The first item for discussion was a public 'APPEAL NO. 79-29 hearing on Appeal No. 79-29, Herbert Hatfield, Herbert Hatfield 123 N. College Avenue, on an application to vary 123 N. College setbacks. Mr. Hatfield's appeal requested to build a vehicle inspection bay 45 ft. from the right-of-way of Spring Street; 50 ft. is required for a service station service bay or for a structure having parking between the building and the street. Mr. Herbert Hatfield was present to represent. Mr. Hatfield explained to the Board that there is an existing building the same size as the building he proposes to build to the East of this site that is now being used as an inspection station. He added that since Whitfield Motor Company left and Goodyear quit doing inspections, he gets all of the downtown business. Chairman Yates asked Mrs. Jones why the Telephone Company and the body shop to the West had been allowed to build so close to the street.!. Mrs. Jones said there were special re- quirements for a service station and she looked at this like a service bay for a service station. Also, the C-3 District allows buildings with no parking between the building and street to build within 5 ft. of the street right-of-way now; plus the fact that those 2 buildings may have both been constructed before the ordinance date of June 29, 1970. Mrs. Mills asked Mr. Hatfield if he had room to move 5 ft. to the South. Mr. Hatfield said he didn't because the South line of the building would then be 5 ft. farther to the South than the South wall of the existing building to the East. He said he plans on cutting doors between the two buildings. Mr. Waldren asked him if he was going to use the headlight testing machine in both buildings. Mr. Hatield said he planned to extend the track the head- light machine is on so it could be rolled back and forth from bay to bay. Mr. Hatfield ex- plained that there would be no vehicle repairs made in the new building but there would be vehicle repairs made in the old one. Mrs. Jones stated the C-3 zoing district requires a 5 ft. setback from the street right- of-way, but it requires a 50 ft. setback from the right-of-way if parking is allowed between the building and the street. Chairman Yates asked Mr. Hatfield if there would be any pro- blem having the entrance from'the South so there wouldn't be any parking between the building and Spring Street. Mr. Hatfield said this would be a drive-through Inspection Station only and there would be possible streets to exit toward from the station. Mr. Hatfield said he was conforming to State requirements and that it would be the only complete inspection station in Fayetteville. Mr. Waldren asked Bobbie Jones if the 50 ft. setback was to keep cars from backing out onto the street. Mrs. Jones said she thought it was Mrs. Mills stated her feeling is that with traffic coming in and out, she realizes it would be a hardship, but there is room to move the building South 5 ft. She explained that Spring Street is narrow and College Avenue is crowded. Her feeling is that this just com- pounds what is already there. Mrs. Mills added that his other building is non -conforming and you make the problems greater when you add onto these non -conforming buildings. Mr. Hatfield explained that people would be driving through this inspecion bay instead of back - I l8 • • • Board of Adjustment Meeting September 17, 1979 Page 2 ing out into the street. Mr. Hatfield said there will be room (in the 45 ft.) to park 2 cars end to end between the proposed building and the street and 5 ft. more setback would not allow room for another car to park there. Mrs. Mills said the Board's problem is not to serve the convenience of the applicant, but to decide the hardship. She added that in this case he does have the property to move the building to the South. Mr. Hatfield said it would be impractical to move South because it would have to be built on two different tracts of land. Chairman Yates told him he didn't see how that presented a problem since Mr. Hatfield owns both tracts. Chairman Yates said the question boils down to 2 things; a 50 ft. setback from the street right-of-way, or a 5 ft. setback from the ;street right-of-way. He then asked Mr. Hatfield how many people would be going through the station a day Mr. Hat- field said 35 to 50 people in an 8 -hour day. Mr Waldren said he was having a hard time trying to distinguish this from the drive-in bank at Block and Spring. Chairman Yates asked if the people coming in for an inspection would stay in their cars or leave them. Mr. Hatfield said most of them would stay in their cars but if they left them they would be moved to the parking area where they do have adequate park- ing. Mr. Waldren asked Mr. Hatfield if. he was positive he could put a door in the exist- ing building. Mr. Hatfield said he was sure. Mr. Hatfield was asked if it would be possible to either extend the South wall of the existing building 5 ft. to the South or put an overhead door in the South end of the existing building so cars could drive through it and not back out into the street. Mr. Hatfield said the property to the South (the old Nelson Funeral Home property) has a basement on it with steps leading down into the basement to the South of the existing building; therefore, cars could not exit its' South end even if an overhead door were installed. Mr. House stated that this has been a problem corner for quite some time. The Master Street Plan has been changed by the Board of Directors and now they are coming to the third variance request on this same corner. Chairman Yates said it seemed to him with the drive-through inspection station it is far enough removed from the filling station. He said he would be inclined to grant this variance. Mr. House said that even adjusting headlights or changing windshield wipers would be servicing a car. Mr. Hatfield informed him that a cam wouldn't be repaired there, but taken to another area. Mrs. Mills moved to deny the variance as requested. The motion died for lack of a second. Mr. Smith made a motion to approve the variance with the condition that this be granted for a vehicle inspection station only. Mr. Waldren seconded it, which passed 4-1, with Yates, House, Smith, and Waldren voting "Aye" and Mills voting "Nay". The next item for discussion was a APPEAL NO. 79-28 public hearing on Appeal No. 79-28, Everett Everett Lee Evans Lee Evans, 1308 N. Gregg Avenue, on an 1308 N. Gregg application to vary setbacks. There being no one present to represent, Mrs. Jones called the applicant's home. Mrs. Evans asked Mrs. Jones to withdraw the appeal. Mr. Waldren moved that the appeal be withdrawn. 'Mr. Smith seconded it, which pass- ed 5-0. With the correction to the minutes of the MINUTES September 4, 1979 meeting, under Appeal No. 79-27, on Page 2, Paragraph 4, 2nd line, change "Mathia's" to "Mathias'" the minutes were ap- proved as mailed. Meeting adjourned at 5:06 P.M.