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HomeMy WebLinkAbout1980-02-18 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 3:45 P.M., Monday, February 18, 1980, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Carl Yates, Chester House, Bob Waldren, Larry Smith, and Larry Tompkins. MEMBERS ABSENT: OTHERS PRESENT: Don Mills. Bobbie Jones, Michelle Hale, Nelson, Richard Wommack, Rev. Steve Nickles, George Henry Presley, Mrs. Basil Phil Misenheimer, Chairman Carl Yates called the meeting to order. The first item for discussion was the public hearing on Appeal No. 80-4, George Henry Presley, 415 W. Prairie St., on an application to vary setback required from street right-of-way with parking between the building and the to represent were George Henry Presley and Mrs. Basil Nelson. Chairman Yates asked Mrs. Jones what the variance request stated she felt that there would be parking at the entrance on thought it was the access to a service bay. Mr. Presley stated he was going to put in a state vehicle APPEAL NO, 80-4 George Henry Presley 415 W. Prairie St. street, Present was for. Mrs. Jones Prairie Street even inspection bay and 2 brake service bays. He said the drive was going to be used to send cars back out after inspections. The driveway entrance will be 75 ft. from the intersection of Prairie and School Streets. Mrs. Jones pointed out 40 ft. was the minimum safety zone from street intersection to curb cut. Mr. Presley said he couldn't have park- ing between the building and Prairie Street because of the cars coming into the service and inspection bays. The entrance on Prairie Street would be for pulling in and there would be no parking there. He said people would have to drive to the parking area between the building and School Avenue in order to get cars in and out. Mr. Tompkins asked in terms of the work that is being proposed now by the Ark. State Highway Department on School Avenue, is the right-of-way accounted for. Mr. Presley said yes it was accounted for. The 60 ft. between the street and the build- ing is after the 5 ft. is taken off. Mr. Waldren asked Mrs. Jones if a building permit could be granted if the drive- way entry was off of School Avenue and there was no driveway entry off of Prairie Street but using the area of the driveway entrance shown on this plan for parking. Mrs. Jones said no it couldn't because it wouldn't meet the required setback of 50 feet from building to right-of-way with parking between the building and street. Mr. Tompkins asked if every business doesn't have the right to access off a street (School Avenue). Mrs. Jones told him driveways onto School Avenue were up to the State Highway Department; Mrs. Jones said if a driveway were put onto School Avenue it would have to be on the South 10 ft. of the lot to meet the required safety zone form the intersection of School and Prairie Streets. Mr. Presley stated coming off School Avenue on that corner with the narrow driveway it would be dangerous. Mrs, Jones said Mr. Presley's proposal had a good lay -out. Mrs. Jones said with this being a corner lot and only 50' wide it would be hard to build'on. /38 Board of Adjustment Meeting February 18, 1980 Page 2 Mrs. Basil Nelson, owner of the property, stated the variance was fine with her and she thought it was a good idea. Mr. Tompkins asked if there was a utility easement along the South boundary of the lot. Mrs. Nelson said there wasn't. Mr, Presley stated the utility com- pany said if necessary they would move the pole setting on the other property back There was no one present to oppose the variance request. The public hearing on the Appeal 80-4 was closed. The next item for discussion was APPEAL NO. 80-5 the public hearing on the Appeal No, Calvary Baptist Church 80-5, Calvary Baptist Church, 1410 1410 Porter Rd. Porter Road, on an application to waive the requirement that the parking area be surfaced with a "durable and dust free surface". Present to represent were Richard Wommack, Attorney, and Rev. Phil Misenheimer. Mr. Wommack passed out a copy of the section of the Ordinance in question. He stated he has represented various members of the Church for many years. Mr. Wommack pointed out that Porter Road is paved for only 3 blocks and in front of this property it is not paved. Mr. Wommack stated they have asked for the variance for 3 reasons: (1) This Ordinance was not meant to pertain to this particular area, (2) The parking lot surface is presently SB -2 which many people have on their driveways. He said paving the parking lot would be inappropriate since the road leading to the Church is a dirt road. There is a concrete apron all around the entire building. He asked to have the required barriers or wheel stops varied because they would not be able to get the front of a car on someone else's property. (3) They have just borrowed in excess of $30,000 from the bank for interim financing because the construction costs exceeded what they expected and they are not financially able to pave the lot at this time. Rev. Misenheimer stated they regretted having to ask for the variance because the congregation more than anyone would like to have a paved parking lot. He said the Church feels they have done their best to help with the dust problem in the area. He added that underneath the SB -2 they have put a clay base. He said they spent over $20,000 for a concrete drive around the building, from one driveway to another. Rev. Misenheimer passed out photographs of Porter Road and of the Church property. Rev. Misenheimer added their purpose was to do anything but detract from the neigh- borhood in which they live. Rev. Misenheimer said their hardship was money, but when funds are available they do plan to undertake the project of concreteing the parking lot. Chairman Yates asked if they had once intended to pave it. Rev. Misenheimer said they had intended to but construction costs for the building exceeded what they had planned. Mr. Tompkins asked when they would be able to do it. Rev. Misenheimer stated he hoped within the next year they could pave it. He said there were Community Development funds proposed to pave Porter Road. Mrs. Jones stated Community Develop- ment had repositioned their priority list and she didn't know now where Porter Road stood. Rev. Misenheimer said they were trying to avoid the paving requirement for now, not to evade it. Mrs. Jones asked Rev. Misenheimer about the requirement for wheel stops and she wanted to know if it was a permanent request. Mr. Wommack stated this was a tempor- ary request until the funds develop enough to be able to afford paving the parking lot and they will add wheel stops with it. Mrs. Jones stated when the Building Per- mit was issued it required that the property either be 20 ft. from other resident- ially zoned property or be 5 ft. and have a hedge between the parking and other pro- perties. She said the purpose of the wheel stops is to keep parking the required 139 Board of Adjustment Meeting February 18, 1980 Page 3 distance from other properties. There was no one present to oppose the variance. The public hearing on the Appeal No. 80-5 was closed. Chairman Yates asked the Board's APPEAL NO. 80-4 thinking on the request of George Henry Presley. Mr. Tompkins said it was the intent of the Ordinance for public safety and he liked the plan which he thought was well laid out, Mr. Tompkins moved that the variance be granted as requested. Chairman Yates stated it seemed to him that the Board might be looking at 2 things; either a granting of the variance or, even though the Board had not been requested to do so, overruling the Planning Administrator's interpretation. Mr. Tompkins said he didn't think cars pulling in there would be parking. Mr. Nickles stated he didn't want to overrule Mrs. Jones interpretation. Mrs. Jones stated that she felt there would be parking in this area. She said the ser- vice bay for a service station is required to be back 50 ft. but the pump islands could be closer. Mr. Nickles seconded the motion on the basis of pure variance and due to the size of the lot. It would be difficult to build on the lot. Also, in light of the fact that it is on School Street and warrants this with the traffic at this curve. The motion passed 5-1, with Yates, House, Tompkins, Waldren, and Nickles voting "Aye" and with Smith voting "Nay". Mr. Nickles stated there was no basis APPEAL NO. 80-5 whatsoever for granting the Church a var- iance but he would be willing to give them areasonable period of time to pave the parking lot. Chairman Yates stated he agreed with requiring paving on a paved street but paving a parking lot on an unpaved road doesn't make any sense. He suggested grant- ing a variance with the condition that the parking lot he paved within a certain length of time after Porter Road is paved. Mr. Waldren agreed there is no basic reason to grant the Church a variance. He said if the Board started granting variances because something is not done, then we will never get it done. Mr. Waldren said giving them a reasonable length of time to pave their parking lot after the paving of Porter Road is fine. He would also like to include in this variance that a hedge be planted this Spring. Mrs. Jones pointed out the Planning Office has an Agreement Form preparedLby the City Attorney. The Agreement Form would allow the Planning Office to go ahead and approve the occupancy. The Planning Office would pull the agreement at the time the paving is to be done to make sure it is completed. She said the City Attorney had said the agreement is binding. Mr. Tompkins asked if it would require a special assessment. Mrs. Jones said she didn't think a Community Development project would require one. She said at the time the Planning Commission approved the large scale development plan, the Planning Commission had required the Church to sign an agree- ment that if a street improvement district were proposed the Church would not oppose it, but would pay their fair share of the cost of paving Porter Road. Mr. House stated he didn't think it should go with the paving of Porter Road, he said that could take 10 years. Mr. Nickles agreed with Mr. House. Mr. House asked Mrs. Jones if there was a place on the Agreement Form for 1 year. Mrs. Jones said it was for days, but she could put 365 days on it. )4P • • • Board of Adjustment Meeting February 18, 1980 Page 4 Mr. Nickles moved to grant the interim variance for a period of 18 months from today (February 18, 1980) and conditioned upon the applicant signing the Agreement Form appropriately drafted. Mr. House seconded it. Mr, Tompkins stated he would like to see the paving of the parking lot done hand-in-hand with the paving of Porter Road. He said he would like the City to hold up to their responsibility. The motion passed 6-0. The minutes of the February 4, 1980 MINUTES meeting were approved as mailed. There being no further business, the meeting adjourned at 4:40 P.M. /t l