HomeMy WebLinkAbout1981-03-02 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Board of Adjustment was held March 2, 1981, at 3:45,
P.M., in the Directors Room, City Administration Building, Fayetteville,
Arkansas.
MEMBERS PRESENT: Chairman Chester House, Don Mills, Dr. David Crittenden,
Wayne Ball.
MEMBERS ABSENT: Bob Waldren, Larry Smith, Larry Thompkins.
OTHERS PRESENT: Don Froning, Cynthia Stewart, Bobbie Jones, Dr. John Sugg,
Gregg Sivley.
The Chairman called the meeting to order at 4:00, P.M.
The first item for consideration was APPEAL NO. 80-24
a request for rehearing on Appeal No. 80-24. SEEBURG MUFFLER
Seeburg Mufflers, 2099 South School Avenue, 2099 SOUTH SCHOOL AVENUE
application to vary setbacks.
Don Froning and Gregg Sivley were present
to represent.
Mr. Sivley presented a picture of his property to the Board. The picture
was taken of the site before any construction work had been done, or the portable
building moved. He stated that he had hired a contractor to do some work
for him. The contractor started construction without the required permits,
and the work he performed was done inside the required setback from street
right-of-way (Cato Springs Road). Sively said that prior to any construction
work being done there had been an existing, temporary, portable building
8 ft. x 12 ft. which had been moved during construction to a point also inside
the building setback. He asked that he be allowed to move the portable structure
to its former location.
Don Froning of Hailey, Powers, and Froning, Ltd. addressed the Board in
favor of the request. He stated that he had been hired after the contractor
had started digging footings for a new service bay. After the actual construction
had begun, a variance was sought from the Board of Adjustment, and the Board
determined that Mr. Sively would not be allowed to construct the bay. Mr.
Sively tried to move the portable structure back to its original location,
when it was discovered it is also not conforming with the setbacks. Froning
said that Sively is asking "that he be allowed to put what he had back where it
was before he started adding to the building".
Dr. David Crittenden asked if the portable building had always been at
this location. Sively replied that he had placed it there. Also, he had added
a view obscuring fence, at the City's request, around some of the debris associated
with his operation.
Froning stated that Sively would be willing to submit a statement that
the building is in the setback area, and that if Cato Springs Road is ever
widened and it is determined that the location of the building is hazardous,
or in the right-of-way of Cato Springs Road, that it would be removed.
Dr. John Sugg addressed the Board. He stated that he owns the duplex
immediately West of the site, on Cato Springs Road, and other properties between
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Board of Adjustment Meeting
March 2, 1981
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20th Street and Cato Springs Road, and that he has no objection to the requested
variance. He stated he is pleased that Mr. Sively was trying to dress the place
up, and improve the property.
Bobbie Jones stated that the reason this item is before the Board of Adjustment
was that when the building was originally placed at this location, no building
permit was ever obtained.
Bobbie said that the variance being requested by Seeburg at this time is
a lesser variance than formerly requested.
Bobbie Jones stated that the setback from Cato Springs Road for this
use is 35 ft. without parking and with landscaping. The variance requested amounts
to 18-1/2 to 19 ft. at the closest point.
The Chairman closed the public hearing on Appeal No. 80-24, and opened
it up for comments from the Board.
Dr. David Crittenden stated that he is inclined to let Mr. Sively put the
building back where it was He stated that the variance, as requested, goes
against the ordinance somewhat, but that it is fairly necessary for Mr. Sivley's
business. Since it is a portable structure, it can be moved if necessary.
Crittenden said he would go along with leaving things the way they were
Don Mills agreed. She said however, she would like it stipulated that
if the right-of-way for Cato Springs Road is ever obtained, and the highway
is widened, that she would like the building removed. Mills said that it
looks like Mr. Sivley has tried to better his property and has gotten into a bind.
Bobbie Jones stated that the motion should stipulate that the variance is
granted for the portable building only.
Wayne Ball stated that he is in favor of Mills' recommendation he felt
that Sively should be permitted to put his portable building back where it was
The Chairman stated he was also in agreement.
Crittenden moved that the requested variance be granted for this portable
building, or one of the same size, for this location only.
Don Mills seconded. The motion passed (4-0).
The next item of business MINUTES
was the approval of the minutes of the February
2, 1981 Board of Adjustment Meeting.
Upon a motion by Wayne Ball and a second by Don Mills, the minutes were
approved as mailed.
There being no further business, the meeting adjourned at 4:18, P.M.
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