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HomeMy WebLinkAbout1981-04-20 Minutesi 41/ 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. 16 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 17 A 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.