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HomeMy WebLinkAbout1982-08-02 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Board of Adjustment was held at 3:45 P.M. on Monday, August 2, 1982 in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Chester House, Don Mills, Larry Tompkins, Dennis Becker Dr. David Crittenden, Butch Robertson, Robert Waldren David Randle, Howard Barnes, Bobby Barnes, Jo Bennett, Bobbie Jones, Suzanne Kennedy Chairman Chester House stated that there is a request MINUTES for clarification in the Minutes of the last meeting, in regards to Appeal No. 82-18, David Randle, Ranco Building Supply. Mr. Randle was present to speak and stated that he did not see any mention in those Minutes during the public hearing regarding the future requirements should there be any major damage to destroy his building. Bobbie Jones pointed out that she had mentioned this subject on page 11 in the next to the last paragraph. Mr. Randle said that he had not read as far as page 11. Larry Tompkins said he did not understand how approval of a variance could be given for future damages which are unknown. Bobbie Jones explained that City Attorney Jim McCord states the variance goes with the land and in Mr. Randle's case, the variance is being granted for the existing building if it were to be damaged in the future. Don Mills moved approval of the Minutes of the July 19 meeting. The motion was seconded by Dennis Becker and passed, 3-0-1 (Larry Tompkins abstaining due to his absence at the last meeting). The first item to be heard was Appeal No. APPEAL NO. 82-16 82-16, Northwest Bancorporation of Arkansas, southwest corner of Meadow Street and College Avenue, application to vary parking. Chairman Chester House said that Board of Adjustment members have each received a copy of the letter of request to table until building plans are more firmly established. Dennis Becker stated that he and Dr. Crittenden, members of the committee appointed to research prior requests for parking waivers from banking institutions, had completed their work and said that he would be willing to report on the work that was done either now or at a later time. Bobbie Jones said that William Greenhaw, attorney for Northwest National Bank, had looked through the same materials in the Planning Office as the committee, and that Mr. Greenhaw had also submitted a request to table to the Planning Commission. Don Mills moved the request to table be approved. The motion was seconded by Larry Tompkins. NORTHWEST BANCORPORATION �� A Board of Adjustment Meeting August 2, 1982 Page Two It was clarified by Bobbie Jones that the tabling of the request was not the same as a request to withdraw, and that the Bank can come before the Board of Adjustment again (without paying another fee or advertising) when they finalize their plans; that the tabling of the request means that only the request for a waiver in the number of parking spaces may come back before the Board, without re -advertising. The motion passed, 4-0. The next item was a public hearing on APPEAL NO. 82-19 Appeal No. 82-19, James R. and Jo Bennett, JANES R AND JO BENNETT 2405 College Avenue, application to vary 2405 COLLEGE AVENUE setbacks. Jo Bennett was present. Jo Bennett said that they are asking to expand their building 8-9 feet on the west side in order to make it larger than ten feet wide so that it can be rented as office space. She stated that all the other buildings backing Villa Boulevard are placed ten to twelve feet closer to the street than her building, that the Organ and Ben Jacks buildings are only 19 feet from the street and the Tire Company 21 feet. Her building is thirty feet from the street. There was some discussion regarding surveys of the property done in 1950, 1964 and a legal description dated in 1982 which show that the property has shrunk in size each time. A drawing depicting the results of each survey was included with the agenda. Bobbie Jones said that the right of way on Villa Boulevard is 50 feet wide and the pavement should be 30 feet wide. She said that it is not a collector street, but a minor street. Larry Tompkins asked Ms. Bennett what the hardship was in terms of not being able to build to the east, or to the north. Ms. Bennett said if she built to the east she would lose her parking, and she needs to have at least five spaces. She said she had room to build to the north but that would give her an 80 foot building that was still only 10 feet wide. Larry Tompkins stated that a nine foot extension to the east would mean Ms. Bennett would be at about 21 feet which would be similar to the tire company setback from the curb. He asked Bobbie Jones to explain the meaning of the wording in her letter: "to Villa Boulevard to the West zero feet". Bobbie Jones explained that it appeared, from the 1982 legend, that Ms. Bennett wanted to build to her west property line of the present description as determined by Milholland and Associates, Inc. Ms. Bennett said that, according to Mr. Milholland, the Organ building is sitting on the edge of the right-of-way. With no further questions, the public hearing was closed. The next item of business was a public APPEAL NO. 82-20 hearing on Appeal No. 82-20, Howard Barnes, HOWARD BARNES 600 South Government Avenue, application 600 SOUTH GOVERNMENT AVENUE to vary setbacks. Howard Barnes and Bobby Barnes were present. Mr. Howard Barnes said he proposes to build a 45' x 75' metal shop building to be used for their business. The property he would like to build on has 325' q5 Board of Adjustment Meeting August 2, 1982 Page Three frontage on Government Avenue. He said there is a zoning line dividing the property; approximately 200 feet from the railroad tracks south of Government Avenue is I-1. There are two buildings on the property.- one sits 8 feet off the street right-of-way and one sits about 20 feet off the street right-of-way. They are asking permission to build 25 feet off the street right-of-way to give them sufficient clearance at the back of the lot to pull a truck through with clearance to turn and get back out on the street. FIe stated that Bobbie Jones can move the 200 foot zoning line fifty feet; they need to build within 15 feet of that line on the side. He said they own 95 feet on the south to his property line which is R-2. Bobbie Jones said the drawing is off a little bit because it was submitted based on a conversation rather than on the actual measurements compared to the legal description. The lines on the drawing where it shows the additions from one zoning district extending 50 feet into the other are in error, an arrow will show a mark to the north where she determined the lines actually should be. She said the ordinance requires one set of setbacks where it is adjacent to Industrial zoned property and another set where it is adjacent to R -zoned property. She showed on the map where the R -zoned property lies. She said the zoning ordinance allows her to extend the provisions fifty feet in either direc- tion of that line if the property was under single ownership and the zoning was split. Mr. Barnes can actually only build without a variance to the actual zoning line. The fifty feet that she can extend the provisions is all used up by setbacks. Bobbie showed on the map where the I-1 zoned and R-2 zoned property was located. Mr. Barnes said that the stockyards own the land to the south and to the east. Bobbie Jones said the stockyards are a non -conforming use and cannot be expanded; they can continue as long as they remain otherwise legal. If they did discontinue, some of the land would be R-2 and some of it would be I-1; however there would be development problems due to the soil. She had discussed how much paving would be needed with Mr. Barnes, and he has plenty of room for parking. Mr. Barnes said the building is to be an office and maintenance building for trucks. He said they would prefer to have a 25 foot setback from Government Avenue without installing landscaping. Bobbie Jones said he has three options on the setback from Government Avenue: 1) Since it abuts R-2 zoned property the requirement is fifty feet; 2) She can reduce this to 25 feet if there is no parking between the building and the street and if they have 10% landscaping; 3) If they want the 25 foot setback without those limitations they need a variance from the Board of Adjustment. There was discussion about the possibility of building elsewhere on the property. Howard Barnes said he does not have sufficient room between the two existing buildings for the new building. He needs to locate the building so that tractor trailer units which are 65 feet long can maneuver. He also said they need clearance to drive around the back. He said that he did own the gravel parking lot to the south. He said that he would prefer to have parking allowed in the 25 feet between the building and the street because he feels he may not be able to control an auto driving in and parking there. He said there is some parking indicated to the south and to the rear. The public hearing was closed. 94 A Board of Adjustment Meeting August 2, 1982 Page Four Chairman Chester House asked the Board's APPEAL NO. 82-19 feelings on Appeal No. 82-19. Don Mills said she did not wish to see anything else come into that area and not meet the required setbacks, as the area is congested already. Dennis Becker said he thought the existing buildings along Villa are already closer to the street and according to what Ms. Bennet is proposing, the building will improve in appearance and he sees no reason not to approve her request. Larry Tompkins said he agreed with both Mr. Becker and Mrs. Mills. He agrees the area is congested, but thinks for economic reasons the building has to be utilized. He thinks Ms. Bennett should meet the required parking. He said the other owners are presently enjoying full use of the land adjoining the right of way, so he has no problem granting the request. Mrs. Mills said if the land is ever opened up west of Villa a larger area will be needed to handle traffic. In her opinion, it will eventually open up in 15-20 years. Bobbie Jones said that it doesn't appear that there can be access onto Villa. She said that a driveway must be forty feet from the intersection of street right-of-way. There should be at least 2S feet between individual driveways unless there are combined driveways. In this particular instance, as a condition in granting a variance, the Board could stipulate where any driveways would be placed. Mrs. Mills said there are no driveways onto Villa from any of the properties and she thinks Ms. Bennett's only access is off 71. Mr. House said he believes the case of Ms. Bennett's property being reduced over the years was due to right-of-ways and selling of roadway for the Villa Mobile Home Park. Dennis Becker moved to approve the request as stated. The motion was seconded by Larry Tompkins. Bobbie Jones said any driveway Ms. Bennett might propose onto Villa would either have to be forty feet back from the intersection of the rights-of-way or there must be a variance from the Planning Commission. If the Board were to stipulate no driveways onto Villa, then Bobbie stated she would go along with that. With no changes to the motion and with no further action, the motion was passed, 3-1, with Don Mills voting "nay". Chairman Chester House asked for the Board's APPEAL NO. 82-20 feelings on Appeal No. 82-20. Mr. Tompkins said he did not see a hardship and feels Mr. Barnes has enough space that his property could be used as it is and that he would be inclined to vote against the request. Don Mills said she would like to see a 25' setback from Government Avenue with planting and no parking because she thinks the area may be going through a change in several years. She thinks upgrading would be good and she has no trouble with the variance. Dennis Becker said if Bobbie Jones can reduce the setback to 25 feet and 10% planting, with no variance, he would be satisfied. q7 • • • Board of Adjustment Meeting August 2, 1982 Page Five There was further discussion about the desirability of granting a variance for the front or for the side, discussion regarding possible noise, and the future development expected in that area. Mr. Barnes said he did not think noise is nearly as bad as the feed mill and that his trucks are about as quiet as an automobile. He said 95% of his operations take place during the hours of 8-S. Don Mills moved to deny the front yard variance request and to grant the side yard variance. It was clarified that this means there must be greenery and no parking in front, or moving the building back. The motion was seconded by Dennis Becker, and passed, 3-1, with Larry Tompkins voting "nay". OTHER BUSINESS There was discussion in executive AMENDMENT TO RULES OF PROCEDURE session regarding a proposed amendment to the Rules of Procedure on abstention from voting. Bobbie Jones was asked to send material regarding this discussion to all members of the Board of Adjustment. Dennis Becker presented a report on the COMMITTEE REPORT ON OFF-SITE work done by the committee (Dr. David PARKING REQUEST Crittenden and Mr. Becker) in researching NORTHWEST BANCORPORATION prior requests by financial institutions for off-site parking and parking variances in the downtown area. The Board asked that the report not be recorded in the Minutes. There was no further business. Don Mills moved to adjourn the meeting. The motion was seconded by Larry Tompkins and passed, 4-0. The meeting was adjourned at 5:30 P.M.