HomeMy WebLinkAbout1981-02-02 Minutes•
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MINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Board of Adjustment was held at 3:45, P.M., Monday,
February 2, 1981, in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT: Chairman Chester House, Larry Thompkins, Dr. David Crittenden,
Wayne Ball.
MEMBERS ABSENT: Bob Waldren, Don Mills, Larry Smith.
OTHERS PRESENT: F. H. Martin, Mrs. Harold Shreve, Sr., Bobbie Jones, Cynthia
Stewart.
The Chairman called the meeting to CALL TO ORDER
order at 3:50, P.M.
The first item of business was APPEAL NO. 81-1
the Public Hearing on Appeal No. 81-1, James JAMES JANUARY
January, 928 North College Avenue, 928 NORTH COLLEGE AVENUE
application to waive the requirement that this
area be paved and of parking space requirement.
Attorney, F. H. Martin was present to represent. He stated that what the
applicant is requesting, is that he not be required to pave the parking spaces
in the rear of the Ozark Floor Company building. He stated that there is little
traffic generated by the business, and that as far as he knew, there is no
problem with dust being created from the traffic that is generated. At this
time, that area is used mostly for unloading floor coverings. Customers use
the parking area in front of the building just off Highway 71.
Mr. Martin further stated that any problems with the neighbors arise from
water running off onto the neighbors' property. He felt the problem would be
compounded if this area were to be paved.
Mrs. Harold Shreve, Sr. addressed the Board. She stated that the owner of
this property surrounds her son's property at 132 E. Cleburn, on the North,
and West. She stated she has no problem with Mr. January's business, but is
concerned that if the property is paved, the water will run off the pavement
onto her son's property. She wanted something stated to the effect that Mr.
January will be responsible for controlling any run off created by paving the
area.
Thompkins asked what the zoning of the property is. Bobbie Jones stated the
back part of the property is zoned R-0, but the frontage along Highway 71 B is
zoned C-2. The legal description appears to be half in the R-0 and half in the
C-2.
The Chairman asked if there was anyone else present in the audience wishing
to speak either for or against this request. There being no reply, the Chairman
closed the public hearing on Appeal No. 81-1, and opened the Appeal to comments
from the Board.
House stated that he had been a member of the Board when a variance was
requested on setbacks and parking for this property. At that time, North College
was in the overall Master Street Plan. This applicant was turned down on a
request for variance of setback requirements from Highway 71 North for his new
Board of Adjustment
February 2, 1981
Page 2
office building. The applicant appealed to the Board of Directors, and as a
result, one block of Highway 71 North was ommitted from the Master Street Plan
so this building could be built as it was originally proposed. He stated that
this variance from the setback requirements had been granted with the assumption
that the paving and other requirements would be taken care of. He stated that
these requirements had not been fulfilled as it was agreed they would be at that
time
Thompkins asked if this use was permitted in C-2. Bobbie Jones stated it
is. Thompkins stated he had a problem with this request. He said that any
drainage problems could be solved by using the proper paving and drainage
procedures for the parking area. The paving of parking areas is done to create
a better living condition in highly developed areas.
Thompkins stated that 40 paved parking spaces are required for. this development,
and that they should be provided.
Bali said that basically he is opposed to the request. However, if paving
of the area will cause run off problems, and if the spaces are not being used
at this time, perhaps a time limit could be imposed on the developer to insure
they would be paved at such time as there is a need for the spaces.
Crittenden stated that the required number of spaces had been imposed
because the whole development had been taken into consideration, there is more
than one business involved. Crittenden felt that Mr. January had had plenty
of time to pave the spaces. However, he said he would not be opposed to giving
Mr. January a little more time.
Bobbie Jones stated that her office had first reminded Mr. January that the
parking area had not been paved as required, by a letter, dated July, 1978.
F. H. Martin stated that Mr. January fully intends to screen his area as
required by ordinance. He stated that Mr. January had installed some plantings,
but they had not "taken", and that he will plant more in order to conform to the
screening requirements.
Crittenden moved that the request for a variance of the requirement that
the parking area be paved be denied. Thompkins seconded. The motion passed
(2-1-1) with Crittenden and Thompkins voting "Aye", Ball voting "Nay", and
House abstaining. House's abstention went with the motion to deny to carry it.
F. H. Martin asked the Chairman why he had abstained. Mr. House stated
that he was involved with the appellant in business to a certain extent, which
created a feeling of compassion with his plight, on the other hand, he had
served on the Board when Mr. January had appealed first to the Board of Adjustment
and then to the Board of Directors, and that he had not liked some of the remarks
made nor the way the appeal had been handled. He felt he could not cast a fair
vote.
Upon a motion by Crittenden and
a second by Thompkins, the minutes of
the January 5, 1981 meeting of the
Board of Adjustment were approved as mailed.
The meeting adjourned at 4:20, P.M.
APPROVAL OF THE MINUTES
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