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