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.
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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.
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