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HomeMy WebLinkAbout1979-10-01 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Board of Adjustment was held on Monday, October 1, 1979, at 4:00 P.M. in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chester House (Acting Chairman), Mrs. Don Mills, Larry Smith, Steve Nickles, and Bob Waldren. MEMBERS ABSENT: Chairman Carl Yates. OTHERS PRESENT: Bobbie Jones, Michelle Hale, Gordon Cummings, Lawrence_ Evans, Doris Naramor, Margie Combs, Helen Blackwell, C. E. Grubbs, Francis Langham, Cecil Chapell, and other unidentified members of the audience. In the absence of Chairman Yates, Chester House, board member having the longest tenure, called the meeting to order and presided. The first item for discussion was the APPEAL NO. 79-30 public hearing on Appeal No. 79-30, Veterans of Foreign Wars, Jack Tidball Post No. 2722, 520 South Locust 520 South Locust Avenue, on an application to vary setbacks required between a non-residential use and a residential zoning district. Mr. Gordon Cummings, Attorney and member of the Post, was present to represent. Mr. Cummings told the Board that they would have 1 regular meeting a month and 3 or 4 social gatherings a month. He said the main sanctuary would continue its use as a meeting hall by the V.F.W. He added that they are a legitimate non- profit charitable organization. He said they provide scholarships for veterans and dependents of veterans. It would be in the spirit of the present non-comforming use for the structure. He said he hopes they will grant the variance. Helen Blackwell (a member of the V.F.W. auxiliary for many years) stated that this organization is for charitable purposes; and since it has been in Fayetteville, she doesn't know of them serving alcbhoTic beverages. She added that their meetings are quiet. Mr. Cummings added unlessthis building is going to be used for apartments he can't imagine any other organization that would use it for its intent as a meeting hall. Francis Langham (realtor handling the church property) stated the V.F.W. was a good buyer for the property. Cecil Chapell (523 S. Church) said he would be in favor of granting the variance. Margie Combs (420 S. Locust) said she was an adjacent pro- perty owner to the North. She said she has no objection to it, providing the social activities are quiet and do not include liquor. She added that other V.F.W.'s do serve liquor. Mrs. Blackwell informed her that V.F.W. functions are different for the different posts;' and that sort of.thing does go on in some of them, but not at this one. Mr. Cummings added that their petition which was passed by the Planning Commission had a stipulation that noalcoholic beverages could be served or sold on the premises. He offered to accept a further restriction that noalcoholic beverages would be consumed on the premises. Mr. C. E. Grubbs (533 South Church) said he would be in favor of the variance. Lawrence Evans (Commander of the Post) said this organization does charitable work. They work for veterans' rights and for people who are down and out in the community. He said as far as it being up to him as commander of the post, there would not be any alcohol allowed. Doris Naramore (439 S. Church) stated that she felt it would be better if the V F W was placed in a non-residential area. Margie Combs repeated that she was very concerned about the drinking.and also about parking. She said that when the church was next to her property, people parked in front of her house because there wasn't adequate parking. Board of Adjustment Meeting October 1, 1979 Page 2 Mrs. Mills asked how many people attended the monthly meeting. Mr. Evans told her 25 to 30 at the regular meetings. Mrs. Mills then asked how many people attended the socials. Mr. Evans said around 50 people attend the socials. Mr. Waldren asked what the socials consisted of. Mr. Evans said things such as pot luck dinners, chili dinners, or bingo games. Ms. Combs asked if they had dances with bands. Mrs. Blackwell stated that she has known about the Post since 1940, and she has never known of it having a dance or a band. Mrs. Combs then asked the Board if the V.F.W. was to start having dances if there was anything she could do about it. Mr. Waldren asked if the building was air-conditioned. Mr. Evans said it was Mr. Waldren asked what they planned to do with the other 2 existing structures on the property. Mr. Evans said the one South of the main c'lurchlbuilding was to be rented for residential purposes, and the one on the rear of the lot was to be used partly for storage and part of it for the Ladies' Auxiliary. Mrs. Combs asked if the City wanted to buy the property would the neighboring property owners have any say about what goes in there such as a low-cost housing. Mrs. Jones said anyone could use the property for multi -family dwellings. The low-cost housing Mrs. Combs referred to, Mrs. Jones said she assumed, was that the Community Development Program had considered using the church property for an adult center. Mr. House asked Mrs. Jones if the parking lot would have to be durable and dust free. Mrs. Jones explained that it would not if the parking lot wasn't expanded since it was already in existance. Mrs. Mills questioned whether the property could be used for anything other than a meeting hall. Mrs. Jones said a church could use it or it could be used for any of the uses listed in the R-2 District in the Zoning Ordinance. Mrs. Mills said the hardship in this case does not have anything to do with the property other than the V.F.W. needing a meeting hall. She said the applicant has not shown anything meeting the requirements having to do with granting a variance and this is a sizeable variance on 3 sides. Mr. House brought up the question of whether alcoholic beverages could be served within 500 ft. from a church. Mrs. Jones said it was enforced at the state level and in the issuance of a state alcoholic beverage license. Mrs. Mills stated her concern was that this is a large variance. She added that she knew finding a meeting place was a hard thing to do. Mr. Waldren asked if the V.F.W. owned the building on Hwy. 62. Mr. Cummings said they did, but when it is torn down the setback requirement would not enable them to re- build. Mrs. Mills stated that to her it seemed the .use of this property seemed to be of prime importance rather than the setback. Mrs. Jones told her the Planning Commission had already approved this conditional use and if the property had been more than 1 acre the Planning Commisssion could have reduced the setback. Mrs. Langham asked if a church were buying this property would it have to be heard by the Board. Mrs. Jones said it wouldn't because it wasn't changing the use. Mrs. Mills stated this Board's main concern was not the USE, it was whether there was a hard- ship due to the lay of the land. Mr. Cummings said the church would be under a hard- ship because they have not been able to sell the meeting hall for its present use. Mrs. Mills asked Mrs. Jones if this zoning would preclude this property being used for a school. Mrs. Jones said the Planning Commission would have to approve a condit- ional use for it to be used as a school. Mrs. Mills moved the variance be denied. Mr. Nickles seconded it, which passed 3-0-2 with Mills, Waldren, and Nickles voting "Aye" and House and Smith abstainingfrom voting. Mr. Waldren added that he felt the variance was too great to grant. He said it was not the Board of Adjustment s place to determine what the best use would be. Mr. Waldren said they were just ruling on whether or not the variance of a setback should be granted. He added that there were other avenues to be explored. IQ) _A • • • Board of Adjustment Meeting October 1, 1979 Page 3 Mr. Waldren moved that the minutes be approved as mailed. Mrs. Mills seconded it, which passed 5-0. MINUTES There being no further business, the meeting adjourned at 4:37 PiQM. 10Q