HomeMy WebLinkAbout1981-05-18 Minutes•
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MINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Board of Adjustment
May 18, 1981, in the Directors Room, City
Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
was held at 3:45, P.M., Monday,
Administration Building, Fayetteville,
Chairman Chester House, Larry Thompkins, Don Mills, Dr.
David Crittenden, Robert Waldren.
Larry Smith, Wayne Ball.
Bobbie Jones, Robin Hernreich, Raymond Marre, Erwin Davis,
Fred Robinson.
The only appeal on this agenda APPEAL NO. 81-7
was the Appeal No. 81-7, Robin Hernreich, ROBIN HERNREICH
1S North Church Avenue, application to vary 15 NORTH CHURCH
minimum lot width and required number
of parking spaces.
Robin Hernreich and Raymond Marre were present to represent. Hernreich
stated he had purchased the property in 1973 for the purpose of remodeling the
existing structure into either office space or a multi -family dwelling. Both
uses were permitted at that time. The zoning ordinance changed in 1978. The
building is somewhat of an eyesore. Hernreich stated he wishes to remodel this
structure into an attractive apartment building. The building is sitting there
serving no purpose, with renovation going on around the square. In order to
convert the structure to a multi -family dwelling he needs a variance in lot width
and in the required number of parking spaces He said there is a parking lot
across the street which could be used for parking.
Bobbie Jones stated the building is nonconforming in setbacks She also said
that three or more apartments is a conditional use in the R-0 District, requiring
Planning Commission approval.
Hernreich stated he proposes four, two-bedroom units and five, one -bedroom
units. The laundry structure shown on the plot plan will not be constructed.
The funeral home to the West of his property has been using the building as
a storage area for the last two years.
The drive area and where people are presently parking on both sides of the
alley were discussed.
Mills asked why the property was not put to uses other than apartments, to
alleviate the parking problem. Hernreich stated he plans to keep one of the
units for his own personal use and not rent it.
Bobbie Jones stated the lot width requirement only applies to multi -family
structures in R-0.
Hernreich stated that he wishes to recapture his investment. Along with
having one of the units to live in himself, eight is the minimum number of
units he can place in the building and come out financially.
Bob Waldren asked what Mr. Hernreich's minimum lot width requirements and
parking requirements would be if the structure was made into office space.
Bobbie Jones stated there would be no minimum lot width requirement, the parking
requirement would be one space for every 300 square feet of floor area.
Hernreich stated that there is no place for persons working on the square
to rent a nice fashionable apartment. He stated these would not be rented to
college students, and that he plans to live in one himself.
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Board of Adjustment Meeting
May 18, 1981
Page 2
Fred Robinson, Attorney representing Moore's Funeral Home, addressed the
Board. He stated that he did not think that anyone would maintain that they
have a right to exit through the Funeral Home parking lot.
Larry Thompkins asked if the parking was installed at a 45 degree angle,
and 14 ft. aisle width, how the cars will get out.
Erwin Davis, Attorney representing Moore's Chapel, which is owned by
Rogers Investment Company, stated he would like to go on record as being opposed
to this variance request for several reasons. He asked the Board to refer to
the plot plan. The parking lot which is at the bottom of the sheet on his plan
is 38 ft. wide at present. 20 ft. of that as shown on the plan, is mutual drive.
Only 18 ft. is left and 6 ft. of that is shown as sidewalk. He did not think
there was space for 14 parking spaces there, he did not think there was space for
even nine spaces. He did not see how even a small foreign car could be parked
without encroaching on the 20 ft. mutual drive area. He felt that the people
pulling in would back out and exit through Moore's Chapel's parking lot. There
was a plan submitted which showed a fence being constructed which would block
Moore's Chapel off from the 20 ft. mutual drive. He felt that even without
college students in the units, kids may be living in the apartments. Davis
stated he felt some other use should be made of the structure.
Mr. Davis asked Ms. Jones to read the letter written by Miss Ramsey in
opposition to the variance requests. Copies of the memo Bobbie Jones had typed
after she received Miss Ramsey's phone call were passed out to each Board member
Mr. Hernreich stated he had contacted Miss Ramsey and that her primary objection
to the request was windows on the North side of the structure facing her property.
Hernreich stated there are no windows on that side of the structure.
Bobbie Jones stated she had discussed this with Freeman Wood, Building
Inspector, and Mr. Hernreich would not be required to install windows on the North
side of the structure. The Chairman closed the public hearing on Appeal No.
81-7 and opened it up to comments from the Board.
Larry Thompkins stated that personally, he felt that Mr. Hernreich should be
commended for the renovation plans. He felt that apartments would be a fine
use of the property. The plans he felt would add a lot to the aesthetics of the
neighborhood. Thompkins stated, however, he did not see a hardship. The
request for waiver of the parking requirements adds to the safety factor. He
felt that the use of the public parking facilities across the street might be
contrary to the intended use Also, the way the parking is laid out on the plan,
it appears that parking will be taken away from the structure on the South.
Thompkins stated that in light of the parking requirements and safety factors,
he was inclined to vote against the requested variances.
Mills stated that it is difficult to deal with the other land in the area
when the owner is not present to discuss how he wants it used. The alley is not
altogether Mr. Hernreich's to use
Hernreich stated that nine unobstructed parking spaces could be provided on
site
Mills stated she felt any working couple would probably have two cars.
Hernreich stated he would cater to single people.
Mills stated her objection is to the variance in parking requirements.
Crittenden stated he felt the proposal was a good idea and that he would like
to see it carried out. He stated he would be for granting the waiver of minimum
lot width. He felt that perhaps a plan should be explored that would use less
parking. Crittenden stated his only problem is with the waiver of parking requirements.
Board of Adjustment Meeting
• May 18, 1981
Page 3
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He stated that even if a waiver is granted for the parking requirements, Moore's
property will have to be used as an exit.
Mills wondered if the number of apartments could be reduced.
Crittenden stated he would be in favor of the width variance, but not the
parking variance.
Mills moved to grant the variance requested for waiver of the minimum lot
width, but to deny the variance of parking requirements. Crittenden seconded.
The motion passed (4-0-1) with House abstaining.
Waldren moved that the minutes of the May 4,
1981 Board of Adjustment meeting be approved
as mailed. Mills seconded. The motion was unanimous.
MINUTES
There being no further business, the meeting adjourned at 4:40, P.M.
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