HomeMy WebLinkAbout1981-04-20 Minutesi
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April 20, 1981
MINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Board of Adjustment was held at 3:50, P.M., in the
Board of Directors Room, City Administration Building, Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Chairman Chester House, Larry Thompkins, Don Mills, Larry
Smith, Dr. David Crittenden.
Wayne Ball, Robert Waldren.
F. H. Martin, Don Johnston, Lindell Duncan, Cynthia Stewart,
Bobbie Jones.
The first item for consideration APPEAL NO. 81-5
was the public hearing on the Appeal 1220 NORTH GARLAND AVE.
No. 81-5, Don Johnston, 1220 North DON JOHNSTON
Garland Avenue. Appeal for the
Administrative Review of an interpretation by the
Planning Administrator.
The Chairman opened the public hearing on the Appeal and entertained comments
in favor of the request.
F. H. Martin, addressed the Board representing Mr. Johnston. Martin stated
that Mr. Johnston leased to Mr. Duncan (Operator of the Phillips Gas Station)
a small area of the Oak Plaza Shopping Center parking area to park Ryder Rental
Trucks. The Planning Administrator has interpreted the ordinance and determined
that this use would fit into the same category as automobile rental agancies.
This particular category would require C-2 zoning and this property.is zoned C-1.
The proponent's argument is that truck rental is incidental to a filling station
operation.
Mr. Martin asked the Board members to refer to the letter written by Mr.
Colwell. Mr. Colwell indicates in this letter that the trucks are occupying
spaces that could be used by persons parking their cars and utilizing the Ozark
Transit System. Mr Martin stated that this parking has been provided as a
service to customers in the Shopping Center, if the parking of Ozark Transit
users becomes a serious problem, or, if the Board will make a determination
based on Transit users parking being taken up, Mr. Johnston could request that
those persons park somewhere else. Mr. Martin stated, however, Mr. Johnston
does not want to do that.
Mr. Colwell also felt that the parking of the trucks creates a problem
for persons entering on to Garland Avenue from the Shopping Center. Martin
stated these trucks are parked, and will continue to be parked with a 10 ft.
wide space between the Garland Avenue curb and the first truck. Any vehicle
approaching Garland Avenue will have a 10 ft. space with nothing parked there.
Mr. Martin stated that the space could be widened if required.
Mr. Colwell also felt that the trucks create a problem for children who
are walking on Garland from the school at the top of the hill. Martin stated
there is an existing sidewalk on the West side of Garland which the children
could use With the sidewalk available, he did not feel that should be a problem.
Martin said that he would like to point out some distinguishing factors.
Car rentals are generally for people who are travelling. In most cities they
are in conjunction with an airport or other major transportation facility,
occasionally in conjunction with hotels. Mr. Duncan feels he is providing
Board of Adjustment Meeting
April 20, 1981
Page 2
a neighborhood service with the truck rental service. There are several large
apartments close to his location. These people use trucks quite .frequently.
Persons rent trucks and bring them back, many times without leaving the City. In
addition, the University Band Department has used the trucks as well as the
Athletic Department, and they have been used for art exhibits.
The ordinance defines a filling station and lists certain uses that are
permissible with it, and no others. However, there are several uses commonly
performed in filling stations that are not included in that list.such as
safety inspections, front end alignments, wheel balancing, and transmission fluid
changes. Martin said, technically, these uses are not permitted at a filling
station as defined in the ordinance. Martin said his point is, that truck rentals
as pointed out in this case, are in conjunction with a filling station.
Martin said that basically, the applicant is in disagreement with Ms.
Jones' interpretation.
Thompkins asked if the parking requirements for the shopping center are
being reduced by this operation. Mr. Johnston stated these parking spaces
were so far away from the businesses within the shopping center, that they weren't
utilized by the customers and that was why he had agreed to lease them to Mr.
Duncan.
Don Mills asked how many trucks are normally parked in this area. Mr.
Duncan replied four or five_on the average. Mills asked if this operation
generates a lot of traffic. Mr. Duncan stated there is not an abnormal amount
of traffic, that it fluctuates depending on the students. Mills asked if
during those times of heavy movement, if more trucks would be brought into the
area. Mr. Duncan replied that additional trucks are brought in only if deposits
and reservations have been made. Mills asked what percentage of the truck rental
business in this area is local. Duncan said 55 to 60%.
The Chairman closed the public hearing on Appeal No. 81-5, and opened it to
comments from the Board.
Dr. Crittenden stated that he would abstain from the vote as he is a personal
friend of Mr. Johnston and did not feel he could vote fairly.
Don Mills asked if this determination would affect all filling stations.
Bobbie Jones replied any filling stations in C-1 zones.
House asked if the filling stations along Highway 71 were in C-2 zones. Bobbie
stated they are either in C-2 or I-1 zones along Highway 71, there may be some
in the downtown area that are located in C-3 zones.
House stated it was his feeling that if one filling station was allowed to
operate a certain use that others should also be able to perform that use, regardless
of the zone.
Ms. Mills stated that the population in this area is mobile„ it turns over
every semester. If this rental operation is not allowed to continue, customers
will have to go out to 71, or to Springdale to rent trucks.
House stated he was by the site Wednesday, and that there were 5 or 6
trucks parked in the lot, and that they were neatly arranged. He said there was
not too much interference pulling out near the trucks.
Mills stated she could see four or five trucks parked here but would not
like to see many more than that. She stated that if it is allowed to continue,
she would like to see the number of trucks allowed limited.
Smith agreed, he did not see a problem with four to six trucks. He felt that
cramming too many in this area would definitely be a hazard or a cause for complaint.
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Board of Adjustment
• April 20, 1981
Page 3
Crittenden asked how many spaces were presently leased to Mr. Duncan.
Mr. Duncan stated he is allowed 5 trucks. Smith asked what happens at the end
of the semester. Duncan replied that he has some storage behind his station for
four to five additional trucks.
Thompkins stated he felt there is a difference. The rental aspect did not
bother him. He stated that trucks can be put in Use Unit 17 and Autos (sales)
in another use unit. Thompkins said in his mind the C-1 District is for the
provision of convenient uses in the neighborhood. The ordinance states that
a use cannot be interpreted as being in a Use Unit if it is already listed in
another Use Unit. Thompkins stated he was inclined to support the opinion of
the Planning Administrator as the correct interpretation.
Smith asked what happens if the Planning Administrator's
interpretation is upheld. Bobbie Jones stated that the only relief would be
an amendment to the ordinance. This use would have to be added to the definition
of a filling station or placed in a Use Unit compatible with C-1.
Mills moved to uphold the interpretation of the Planning Administrator and
Thompkins seconded. The motion passed (3-0-2) with House and Crittenden
abstaining.
Bobbie Jones asked if the Board felt that an amendment to the Zoning Ordinance
is in order whereby truck rental could be allowed in conjunction with a service
station if the number of trucks is restricted.
F. H. Martin asked if it was not possibleto uphold Mrs. Jones' interpretation
and grant a variance. Ms. Jones replied that the Board of Adjustment's only
jurisdiction in this case is a ruling on her interpretation.
Mills moved that a recommendation be made to the Planning Commission that
under certain instances in regard to restriction and setbacks from the street,
that truck rental be allowed in conjunction with a filling station.
Bobbie Jones stated that truck rental is not specifically set out in the
ordinance. She stated it was her interpretation to put it in a specific
use unit.
F. H. Martin stated that as he understands it, Mr. Thompkins motion was based
on the statement that truck rental is in a use unit when it is not. Bobbie Jones
stated that trucks are mentioned in Use Unit 17 in regard to sales and service,
but truck rental is not addressed. Auto rental is addressed in Use Unit 16.
Auto rental is not allowed to operate in a C-1 zone.
Smith stated truck rental is not even addressed in the ordinance. He said that
service stations do not generally rent cars. He felt that truck rental needed to
be looked at and placed in a Use Unit. Smith stated that he voted believing
that truck rental was addressed in the code. He said it did not bother him to
see trucks in this particular location, however, in another C-1 zone, truck rental
operations may not be appropriate.
House seconded Mrs. Mills motion to recommend to the Planning Commission that
truck rental on a limited basis be allowed in conjunction with a service station.
The motion passed (4-1) with Thompkins voting "Nay".
Martin stated he would like the Board to reconsider their vote. He said that
some items were addressed after the public hearing was closed that he felt
directly affected the Board's decision.
Martin stated that if technicalities are going to be discussed with the
Planning Administrator, that the Public Hearing should not be closed and the
applicant should be allowed to respond. Martin felt that the response that, if
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Board of Adjustment Meeting
April 20. 1981
• Page 4
•
something is in one Use Unit it cannot be interpreted as being in another Use
Unit, was an error, as it turns out, this specific item is not in a Use Unit at
all.
Thompkins agreed.
Martin stated that as a private citizen, he felt the proceedings lacked due
process.
Smith stated that in his opinion, Mr. Martin was correct. It was definitely
stated that the meeting was closed to the public then the request was opened
for comments from the Board. Smith stated he was confused himself, that he
thought it had been pointed out that truck rental was already listed in a Use
Unit when it was not. He discovered it was not covered after he had voted.
Crittenden moved that the original motion to agree with the Planning
Administrator's interpretation be reconsidered at this time.
Thompkins seconded. The motion passed (4-0-1) with House abstaining.
Crittenden asked if it was fair or legitimate to refer this problem to the
Planning Commission. Bobbie Jones stated the ordinance does not address that
question.
Ms. Kathleen Stout addressed the Board and stated she owns the Service
Station where Mr. Duncan operates. She asked the Board if the truck rental
would be allowed to continue, providing the Board so voted. if Mr. Duncan
chose not to run the service station and someone else came in and operated it.
House stated the variance would go with the land. Ms. Stout stated that she felt
the truck rental was a good use for the land in this particular location.
Thompkins moved that the interpretation of the Planning Administrator; that
the rental of trucks is compatible with the rental of automobiles be upheld.
The motion died for lack of second.
Thompkins moved not to uphold the. Planning Administrator's
1 interpretation.
Ts' . Smith seconded. The motion passed (2-1-2) with
Mills and Smith voting "Aye", Thompkins voting "Nay" and House and Crittenden
abstaining, the abstentions going with the motion.
Upon a motion by Thompkins and a second
by Mills, the minutes of the April 6, 1981
meeting of the Board of Adjustment were
approved as mailed (2-0-3) with Crittenden,
House and Smith abstaining.
MINUTES
Bobbie Jones reported that the OTHER BUSINESS
Airport Zoning Ordinance is now in effect.
She presented a map compiled by
McClelland Consulting Engineers showing
areas that would have height restrictions on buildings due to approach to the
airport. She stated that the granting of variances in the airport zone had been
delegated to the Board of Adjustment.
There followed some discussion.
There being no further business, the meeting adjourned at 5:30, P.M.