HomeMy WebLinkAbout1981-01-05 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Board of Adjustment was held at 4:58, P.M., Monday,
January 5, 1981, in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Chairman Chester House, Larry Thompkins, Larry Smith,
Don Mills, Dr. David Crittenden, Wayne Ball.
Robert Waldren.
Newton Hailey, Gregg Sivley, Doyle Yates, Bob Blackston.
The first item of business was the APPEAL NO. 80-24
Public Hearing on Appeal No. 80-24, Seeburg SEEBURG MUFFLERS
Mufflers, 2099 S. School Avenue, application 2099 S. SCHOOL AVENUE
to vary setbacks. Property is zoned C-2,
Thoroughfare Commercial District. Variance
requested in setback from Cato Springs Road; required 60 ft. building setback
with parking between building and street right-of-way; 35 ft. building setback
without parking between building and street right-of-way with the installation
of 10% landscaping, requested setback 11 ft. 8 inches.
Newton Hailey and Gregg Sivley were present to represent.
Newton Hailey stated that the variance in setback requirements is being
requested so that Seeburg Mufflers can construct an additional bay for the
installation of shock absorbers and brake linings in order to expand their
business. Hailey stated that the hardship is basically economic. He had
done an estimate for Mr. Sivley and the cost of constructing the additional bay
on the South side of the property (next to Cato Springs Road) would run
approximately $5600.00; to construct the bay on the North side of the property
would cost approximately $8800.00 to $9000.00.
Hailey stated that the biggest capital outlay would arise from equipment
duplication. In order to install equipment on the North side of the property
it would cost approximately $22,000.00, to install equipment on the South side
(where the variance is being requested) would run approximately $15,000.00.
Hailey said Seeburg Mufflers is making an effort to "clean up the area.':
Hailey introduced a petition to the Board signed by property owners surrounding
the site and stating they had no objection to the requested variance or to
Seeburg Mufflers' plans to expand their business.
Larry Thompkins asked, given the expansion of Cato Springs Road according
to the Master Street Plan, how much setback would there be between the South
foundation of the proposed structure and the right-of-way line for Cato Springs
Road.
Mr. Hailey stated the setback would vary from 34to..4:ftY. on the West
side and 6 to 8 ft. on the East side between the proposed structure and the right-
of-way line. There will be a 2-1/2 to 3 ft. difference taking into account
the slope of Cato Springs Road from East to West.
Mills asked if there was a possibility of using the present Office and
Storage space for the additional bay and adding on a new office. Hailey said
the cost would be approximately the same, but the ceiling in the office space is
lower, and tearing off would have to take place Gregg Sivley stated that the
Board of Adjustment Meeting
• January 5, 1981
Page 2
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lower ceiling consists of a bridge trussing. There are rafters above that part
of the roof and some strengthening would have to be done somehow. Newton said
that wood trusses have been nailed to the ceiling joists.
House asked who had signed the petition for the North property. Silby said
that portion of the petition had been signed by a person interested in purchasing
the property, that it had been foreclosed on by the bank.
House asked if there was anyone present in the audience appearing either
in favor or against the requested variance. There was no one present either in
favor or against the request.
The Chairman closed the public hearing on Appeal No. 80-24.
The next item of business APPEAL NO. 80-25
was the Public Hearing on Appeal No. CLINTON BROWNE
80-25, Clinton Browne, 714 Douglas 714 DOUGLAS STREET
Street, application to vary minimum lot
area. Property zoned R-3, High Density
Residential District. Variance requested in minimum lot area requirements;
6000 square feet of land area required for a single family residence in R-3;
applicant requests '5,850 square_ feet.of lot area.
Doyle Yates was present to represent Clinton Browne. Yates stated that
this particular piece of property is, in fact, portions of two lots. The two
portions were purchased in 1945, and according to the description in the deed,
have been considered one piece of property since that time. The variance is
being requested in order to split the property back into two lots. The
description reads: "the West 65 ft. of Lot 8 and Lot 9'!. There is an existing
single family residence sitting on. Lot 8. It would sit on 5,850 square feet
instead of the required 6,000 square feet after the proposed split. However,
there is an existing 15 ft. alley on the West side of the property. He said
there is a descrepancy in descriptions; according to the old plat, the alley is
15 ft. wide, according to the new plat, it is 10 ft. wide. He stated he is in
the process of having this alley closed. If it is closed, it will be split
equally between this property and the property lying to the West. The status
on the closing is that the President of the University of Arkansas (property
owner to the West) is recommending to the Board of Trustees that the alley be
closed.
Yates stated that the hardship lies in the fact that 6500 square feet of
land that lies in the West 65 ft. of Lot 9 can't be used unless it is split
off.
Dr. Crittenden asked Mr. Yates who the property owner is. Mr. Yates
replied that Clinton Browne has the power of attorney for the property owner.
Crittenden asked what the object of the split is. Yates replied to build a
duplex facing out on Taylor Street, but the primary access will be off of Douglas
Street. Crittenden asked if the split will make the existing house nonconforming.
Yates replied that is correct, but if the alley is vacated, the house will then
be conforming with the addition of one-half of the alley.
Thompkins asked if the owner had considered splitting the property to
a 6500 square foot lot and a 6350 square foot lot. Yates replied that if the
property was split in that manner, the back portion would not have the required
square footage to construct the proposed duplex.
2
Board of Adjustment Meeting
January 5, 1981
Page 3
Mills asked that if the variance was granted if the duplex would meet
all required setbacks in R-3. Yates replied that it would.
The Chairman asked if there was anyone appearing in the audience either
for or against the requested variance. There was no one present either for
or against the variance.
Crittenden asked if the existing house would remain single family if the
variance is granted. Mr. Yates replied that it would.
The Chairman closed the public hearing on Appeal No. 80-25.
The next item of business was APPEAL NO. 80-26
the Public Hearing on Appeal No. CLYDE R. PAGE
80-26, Clyde R. Page, 3709 3709 WHIPPOORWILL COURT
Whippoorwill Court, application to
vary setbacks. Property zoned R-1, Low
Density Residential District. Variance requested in setback from right-of-way
line of Cherokee Drive, applicant requests 22.25 to 17.50 ft. setback from
right-of-way line, the requirement is 25 ft. This is a corner lot.
Bob Blackston was present to represent. He stated that the house in
question was built four years ago, and was constructed across the setback line,
too close to the right-of-way of Cherokee Drive. This nonconformity was discovered
when the owner tried to sell his property. FHA will not close the sale without
the requested variance. Otis Harris constructed the house and it extends into
the setback line from the right-of-way of Cherokee Drive 7.5 ft. on the
Southeast corner and 2.75 ft. on the Southwest corner. All other setbacks are
conforming. The present owner purchased the house when it was new.
House asked how the home was originally purchased. Blackston stated it was
purchased with a conventional loan from Heritage Federal Savings and Loan.
Crittenden asked if there is any way of reprimanding the builder. Blackston
stated that this was a "spec" home. Bobbie Jones stated that ordinarily, if
a home is constructed wrong, the owner of the property has some recourse with
the builder, but in this case, the builder was the owner, and sold the home to
Mr. Page after it was completed.
Thompkins asked what the City's role in the inspection of this home should
have been. Bobbie Jones said the builder should have found the pins. Blackston
said, more likelythan not, there was an error in the survey, as the builder had
plenty of room to construct the house and meet all setbacks.
House said there had been similar problems in this Subdivision in the past.
As he recalled, several pins had been moved around.
House asked if there was anyone appearing in the audience either for or
against the requested variance. There was no one present either for or against
the request. The Chairman closed the Public Hearing on Appeal No. 80-26.
The Chairman reopened Appeal APPEAL NO. 80-24
No. 80-24 for comments' from the
Board.
Larry Thompkins stated that he appreciates Seeburg's attempt to maximize
the use of their existing resources. He said he is bothered by the closeness of
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Board of Adjustment Meeting
• January 5, 1981
Page 4
of the existing structure to Cato Springs Road. He said he could foresee a problem
with safety at that intersection, and felt that a variance in this particular
case would violate the intent of the ordinance.
Don Mills stated that she felt the proposed structure would be too close
to the intersection. In twenty years, that space may be needed to cut through.
Wayne Ball agreed.
Larry Smith stated he appreciates the owner being interested in upgrading
his facilities.
Mills said that the North part of the property could be utilized (storage
and waiting area), therefore she did not see where the hardship lies.
Dr. Crittenden had no comment.
Mills moved to deny the request for variance of required setbacks. Thompkins
seconded. The motion passed (4-0-2) with Mills,Thompkins, Ball and Crittenden
voting "Aye", and House and.Sinith abstaining.
The Chairman reopened Appeal APPEAL NO. 80-25
No. 80-25 for comments from the Board.
Thompkins stated that he is concerned about the
relatively high density of the area, and the applicant's plans to add density.
Given the 150 square foot request for variance and the applicant's intent to
maximize the land area, he was concerned about the safety aspect on the 20 ft.
street, Taylor. He felt this would be contrary to the spirit and intent of the
Zoning Ordinance.
Mills stated that she disagreed. She said this area is zoned for high
density. With its closeness to the University high density is the best use for
it. Space will be available to develop the lot when the alley is closed. She
stated she has no problem with the splitting of the lot and the granting of the
requested variance.
Crittenden stated he agreed with Mrs, Mills. He felt the variance is small,
and from what he had observed from walking through the lot, the alley is not
being used He said that across Taylor Street from this property, there is
presently a multi -unit apartment complex.
Mills said that if this piece of property can be utilized for housing for
university people, it would be within walking dr.bussing distance for them, and
perhaps traffic safety will not be such a great concern.
Crittenden stated that the Zoning Ordinance is written in such a way that
it automatically makes much of the land near the University nonconforming.
House said he liked to see land utilized to its maximum.
Dr. Crittenden moved to grant the requested variance.- Mills seconded.
The motion passed (3-1-2) with Mills, Crittenden and Smith voting "Aye",
Thompkins voting "Nay", and Ball and House abstaining. The abstentions went
with the motion to grant the variance.
The Chairman reopened the APPEAL NO. 80-26
Appeal No. 80-26 for comments from the
Board.
Larry Smith moved to grant the variance. Mills seconded. The motion passed
(5-0-1) with House abstaining.
The minutes of.the October 20, 1980 meeting MINUTES
were approvea as mailed.
Mere being no further business, the meeting adjourned at 4:30, P.M.
4
L. A
PAGE SUBJECT DATE
1$7 Seeburg Mufflers (Appeal #80-24 - 2099 S. School Ave.)
• 2
3 Clinton Browne (Appeal #80-25 - 714 Douglas Street)
Clyde R. Page (Appeal #80-26 - 3709 Whippoorwill Court)
5 James January (Appeal #81-1 - 928 North College Ave.)
9 Ward and Melba -Adams (Appeal #81-2 - 1368 N..Leverett Ave.)
10 Wade Bishop (Appeal #81-3 - 575 Margaret Place)
11 Appeal #81-3 (Public Hearing)
13 Herbert Hatfield (Appeal #81-4 - 21 E. Spring St.)
15 Don Johnston (Appeal #81-5 - 1220 N. Garland Ave.)
19 Robert C. Welch (Appeal #81-6 - 730 Skyline Dr.)
21 Robin Hernreich (Appeal #81-7 - 15 N. Church)
24 Campbell-Bell/Lewis Bros. (Appeal #81-8 - 1 South B1ock.St.)
26 William 0. Allen (Appeal #81-9 - 530 N. Leverett Ave.)
27 Robert Mhoon (Appeal #81-10 - 2130 E. Huntsville Rd.)
30 Coulson Oil Company (Appeal #81-11 - '2123 W. Sixth St.)
31 Bill Stiles (Appeal #81-12 - 304 W Meadow)
32 Gary Carson (Appeal #81-13 - 118 N. Block Ave.)
35 Fayetteville Bible Church (Appeal #81-14 - 1022 S. College Ave.)
35$39 Jon Schader (Appeal #81-15 - 130 E. Spring St.)
38$42 Jeffrey Dowers (Appeal #81-16 - 1614 E. Huntsville Rd.)
43 Fayetteville City Hospital (Appeal #81-18 - 221 S. School Ave.)
45 American Air Filter (Appeal #81-19 - 2355 Armstrong Ave.)
46 R.J. Keating (Appeal #81-20 - 409 Patricia Ln.)
48 City of Fayetteville (Appeal #81-21 - 303 W. Center St.)
48 R $ P Electroplating (Appeal #81-22 - 2000 Pump Station Rd.)
49 Safeway Stores, Inc. (Appeal #81-23 - College and Lafayette)
50 Seeburg Mufflers (Appeal #81-24 - 433 N. College Ave.) '
•54. Wiggins Memorial United Methodist Church (Appeal #81-25 - 205 W. 6th St.)
56 R & P Electroplating (Appeal #81-22 - 2000 E. Pump Station Rd.)
56 Vernon Sisemore (Appeal #82-1 - 1639 W. Stone St.)
59 Elza Fincher (Appeal #82-2 - 147 E. Spring St.)
61 Paul Jeske (Appeal #82-3 - 574 S. Sang Ave.)
62 Windell Cullers (Appeal #82-4 - 219 N. Block Ave.)
65 Don Johnston (Appeal #82-6 - 1220 N. Garland St.)
66 Carlos Treat (Appeal #82-7 - 666 Cliffside Dr.)
67 David Geneson (Appeal #82-5 - 252 Thompson Ave.)
71 Tommy Glenn (Appeal #82-8 - 1733 Crossover Rd.)
73 Robert C. Lane (Appeal #82-9 - 424 N. Olive Ave.)
74 Raymond Jones (Appeal #82-10 - 512 Lytton Ave.)
76 J.B. Sanders (Appeal #82-11 - 1717 Overcrest St.)
78 Millie $ Carlos Gracian (Appeal #82-12 - 221 E. Lafayette St.)
79 R $ P Electroplating (Appeal #82-13 - 2000 Pump Station Rd.)
82 Joseph Henry (Appeal #82-15 - 608 Frisco Ave.)
83G94 Northwest Bancorporation of Arkansas (Appeal #82-16 - 3500 N. College Ave.)
86 Douglas D. Knapp and Sandra J. Pringle (Appeal #82-17 - 515 N. Park Ave.)
88 David & Jeane Randle / dba Ranco Bldg. Supply (Appeal #82-18 - 701 W. North)
93 Appointment of New Chairperson for Board of Adjustment
95 James R. & Jo Bennett (Appeal #82-19 - 2405 College Ave.)
95 Howard Barnes (Appeal #82-20 - 600 S. Government Ave.)
98 Amendment to Rules of Procedure
98 Committee Report on Off -Site parking request (Northwest Bancorporation)
99$101 Exie Hardy (Appeal #82-14 - 573 N. Walnut Ave.)
100Proposed Changes to Rules of Procedure Regarding Abstentions
• 103 Admendment to Rules of Procedure
104 James L. Smith, Jr. (Appeal #82-15 - 824 Park Ave.)
107 Robert Hernreich (Appeal #82-16 - 15 N. Church - Application to vary Setbks)
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