Loading...
HomeMy WebLinkAbout1985-01-07 MinutesMINUTES 1' THE BOARD 1' 11 Y I' The Fayetteville Board of Adjustment met on Monday, January 7, 1985 at 4:00 P.M. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Chester House, Larry Tompkins, Don Mills, Dennis Becker and Dr. David Crittenden MEMBERS ABSENT: Robert Waldren and "Butch" Robertson Chairman House called the meeting to order and the minutes of December 17, 1984 meeting were discussed. 0GO 4ND Upon a motion from Tompkins and a second from Mills, the minutes were approved as distributed, Crittenden and Becker abstaining as they had not been present at the meeting in question. PUBLIC HEARING APPEAL 85-1 DAVID AND JEAN RANDLE DBA RANCO BUILDING SUPPLY • 701 WEST NORTH STREET The first item on the agenda was a Public Hearing on Appeal 85-1 by David and Jean Randle (dba Ranco .Building Supply) at 701 W. North Street to vary two building setbacks. The first requirement calls for a building setback of 50' from the street right-of-way (when adjoining Agricultural or Residential districts - property adjoins R-3 on west side) and requested is a variance to build within four inches of said right -of �aay. The second requirement is a side setback of ten feet; request is a variance to build into property leased from Burlington Northern Railroad approximately six feet, eight inches. David Randle was present to speak for this appeal. He stated that he owns and operates Ranco Building Supply Company which was granted a zero clearance on the north side by the Board of Adjustment in July, 1982 for what remained of the main building after the condemnation ordered by the City for the purposes of widening North Street. (This building wall is 14" from the [new] right-of-way). He said he was told that the widening would begin in March of 1983 and because of various reasons, this has not been possible. Randle said that, originally, a ramp was planned as an entry into his property (that leased from the railroad) but that the Board of Directors approved an entry beginning at Skull Creek extending 60 ft. to the east instead, providing a lesser incline for the entryway to the property. 0 • Board of Adjustment January 7, 1985 Page 2 Randle said that the plans for widening North Street include the removal of the existing "dips" which will result in the level of the highway being 11 feet above grade in front of his store. He said that both he and his neighbor to the east, Jack Burge, will share a 60 ft. driveway between the businesses as well as parking area. Randle said he would like to put an extension of a shed -type roof on the east side to protect customers from the elements as well as provide access to the building from this point (east side) instead of the current entrance at the rear of the building. Crittenden asked what relation the new entry had to the request for a variance and Randle replied that, had the original plan been followed, a driveway would have been in the space now planned for an entry to the store and he added that he was providing some history for reference. He said that the railroad has given him a letter which states that he may do as he wishes on the property he leases from them and said that the type of porch overhang he proposes is one that could easily be removed if necessary. Randle said that the present state of his property requires a customer having great dedication to come into his store. • Tompkins asked why the entire length of walkway was needed and Randle said it was more aesthetic. He produced photos to assist with his explanation of what the property looked like before and what it presently looks like. Randle said that coming within 4" of the right-of-way has already been approved and Administrator Jones clarified that the variance approved in 1982 applied to the existing building only and not for any additional new construction. She added that she was more concerned about the variance request in the front of the building than that on the side because of the fact that building on railroad right-of-way has been done before with railroad permission. Tompkins asked about the re -orientation of the west side of the building and Randle replied that about 25-30 fte remains between there and the centerline of the creek which is enough room for the work proposed in 1982 which will replace the showroom. Randle explained that he needs to leave enough room in the rear for truck and tractor turnings. Mills asked if Randle intended to do anything with the building addition previously proposed and Randle replied that there are no plans at present. He said his current plan will allow him to utilize his property satisfactorily until the results of widening North Street are known. He said that after waiting two and a half years he is beginning to feel the pinch of not having a satisfactory entrance. Crittenden asked if there would be anything on the ground level and • Randle replied that he is proposing a dropdown of concrete blocks and a concrete porch. n V, • Board of Adjustment January 7, 1985 Page 3 Tompkins asked if the Traffic Department has had any comments about this situation and Jones replied that Clayton Powell, Street Superin- tendent, has said that it would create a traffic safety hazard due to the configuration of Skull Creek, the widening of North Street and the railroad crossing on the east. Tompkins asked if there would be any internal turning problems and Randle replied that the situation would probably be better than it is currently. Tompkins asked how long the railroad lease extends and Randle explained that, as with all railroad leases, his is for 30 days at a time but he added that he has leased this property since 1954 and repeated that the railroad has given the okay to do anything he wishes as long as proper drainage is maintained. Chairman House commented that when this issue first arose, several City officials voiced their opinions on approving everything that was requested and at that time there was supposed to be a settlement for damages to the property. Randle said he felt that if he could not obtain a variance, he would have to sell his business. Tompkins asked if there were a reason that the proposed building will be connected to the existing building and Randle replied that it would • enable a better traffic flow of personnel and customers. He added that there is currently no existing showroom or office space which the proposed addition will provide. He said he will need to remove a couple of the buildings in the rear of the property to provide enough turning space. Becker asked if the traffic flow before the condemnation was similar to what it is not and Randle replied that parking used to be in front of the building with the entryway but the truck traffic flow was similar. Mills asked if it would be a traffic problem if the proposed porch came out even with the front portion of the building and Randle responded by explaining that the possibility of removing another 25 ft. from the front of the building has been discussed but that he did not think that would be appropriate. He also explained another design that could be set back further from the right-of-way. Randle advised that removing more building would tear out the bathroom and the electrical service. Crittenden asked the height of the proposed porch and Randle replied about 14". Crittenden advised that a variance is not needed for a porch if it is less than 30" high and that he would have less of a problem if the covered porch were set back further from the right-of-way as he thought potential danger existed in cars turning too sharply or running off the road and damaging the porch. • Tompkins opened a discussion of air rights and Jones advised that on occassion someone has wanted to build over a paved alley which must be cleared with the City Board. 9 • Board of Adjustment January 7, 1985 Page 4 Crittenden asked what the status of the widening of North Street is and Jones replied that it is on the priority list. Randle said that North Street improvements must wait until Gregg Avenue is finished which involves the moving of some utilities. Jack Burge, Randle's neighbor to the east, stated that he is not opposed to Randle's plan and added that he is in a similar situation. He said that the originally planned driveway would have taken nine parking spaces from his lot as well as the front portion of his building. Burge said Randle had shown him the alternative plan, which will take only five parking spaces and 14 ft. from Burge building, just prior to this meeting. He said he has not received any notice from the Board of Directors indicating approval of Randle's plan. Randle said both he and Burge are trying to make the best of a bad situation so that they might utilize what is left of their businesses. He said that the City Manager, City Attorney and the Board of Directors have tried to settle this matter equitably and he feels that this plan is the least of all evils. Burge advised that there will still be ample room between the buildings for both businesses parking, approxi— mately 68 ft. • Becker asked if there had been a dollar amount agreed upon in the condemnation suit and Randle replied that there was an original amount agreed upon to be put aside in escrow (State) and then a second appraisal was made (by the City) with a figure that was considerably different from the first and a third appraisal was made which complimented the second. Presently, he said he is trying to reach an agreement on the difference between the original amount and what it should be. He said if an agreement is not reached, he will go to court on March 13, 1985. Randle said he has no intention of doing anything detrimental to himself, Burge or the City. Becker said he was in favor of granting this appeal because it is has been in process for a long time and whatever action can be taken here will need a variance of one type or another. Tompkins said he felt that Randle has done a lot to improve the property However, he said he did not feel the use of right—of-way for access to property is appropriate although he understands why. He said he felt the property could be used now with it's new access. Tompkins said he had a problem with the variance request on the front 4" because once a variance is granted it goes with the land and someone else could utilize it at a future time. He said the overhang could be reduced and constructed within the side yard. He said granting the variance for someone elses property without representation (railroad) was not appropriate and he would vote against the variance. • Mills said she had a problem with the porch (overhang). She said it is too long and she would like to see it cut back some. • Board of Adjustment January 7, 1985 Page 5 Randle proceeded to demonstrate with photos and drawings, an alternative which would still require a variance on the ten ft. setback requirement. He added that he is thinking in terms of the future by constructing an attractive building. House asked about the possibility of a street cutting across City property adjacent to the west near the lift station and Randle replied that this plan has been suggested but rejected by the City. House said he felt the request was valid and needed to be considered as such because not having a good access to these properties could put two men out of business. Tompkins said he felt the property could be used as it presently is. Randle read a letter he received from the City's appraiser which states (in part) that the condemnation of this property will result in a change in the highest and best use of said property. NOTION Becker moved approval of both variances as submitted; seconded by- • Tompkins, the motion failed to pass 2-3-0 with Tompkins, Crittenden and Hills voting 'nay". rufyo (60 Crittenden made a motion to approve the second variance (to build over the property line and into property leased from Burlington Northern Railroad), seconded by Tompkins and followed by discussion. Crittenden said he felt that if Randle wants to use the side for an entry, he could use the back for a porch and roof and perhaps offer something better for the front. Burge said he thought the City may need to buy an additional 50 ft. of Randle's property and Crittenden said not necessarily and he added that he had a problem in that Randle has requested nearly the entire 50 ft. setback to be waived and that he would be more comfortable had Randle requested a partial variance. Randle explained that he has a zero clearance setback for the existing building which applies to any future damages as well (approved 1982). Reference was made and the minutes were read of the meeting at which this variance was approved. • Jones explained that the zero clearance applies only to the existing building and not additional construction. She said that this Board deals with variances for buildings as well as land. 5 • Board of Adjustment January 7, 1985 Page 6 Randle asked how far back from the right-of-way the Board would approve a variance and Crittenden replied that the porch itself does not require any variance but he suggested dropping the roof covering back about 10 ft. Mills suggested a friendly amendment which allow the variance to apply until such time as the railroad disposes of this property and Crittenden and Tompkins both accepted this amendment. Randle said that the type of construction he is proposing could be removed if it became necessary. The question was called and the motion to approve the second variance, which will be valid as long as the railroad owns this property, passed 3-2-0 with Tompkins and House voting "nay". 17iYO ma k Crittenden made a motion to allow the applicant to build within 15 ft. of the right-of-way on the northwest corner of the property. Mills seconded and the motion to approve this variance passed 3-2-0 • with Tompkins and House voting "nay". PUBLIC HEARING APPEAL 85-2 588 ASSEMBLY ROAD - TOM JONES The second item of consideration on the agenda was Public Hearing on Appeal 85-2 by Tom Jones at 588 Assembly. Requested is a zero clearance from the street right-of-way; 25 ft, is required. Jones was present to speak for this appeal. He stated that he would like to build a carport on his property that will come out to the street right-of-way. He added that his next door neighbor had been present to voice his approval of this project but had since left. Crittenden asked how long Jones has lived at this address and Jones replied that he has lived there for three years and that it is exactly as it was when he purchased it except that a small metal storage building has been removed. Becker asked if the carport would begin at the front of the property and Jones replied that it would. Tompkins asked the shape of the property adjacent to this one and • Jones replied that it is long and narrow, as his is. Board of Adjustment January 7, 1985 Page 7 Crittenden asked if there was a plan for improvements on Trust Street and Administrator Jones replied that she did not know of any. Tom Jones said it would create a very steep incline on Trust. Crittenden asked what the City's criteria is for paving unimproved streets and Administrator Jones replied that it is usually done through Community Development or a Street Improvement Group initiated by the residents. Percentages of street inclines were discussed. Tompkins asked if Jones had considered attaching the carport to the house and Jones replied that he had but that it would involve tearing down the wooden fence which he would prefer to keep intact because it protects his yard and provides privacy. Crittenden asked exactly where the right-of-way is and Jones replied that it is difficult to tell but that he would be building from the house on out towards the street. Administrator Jones advised that when the survey was made on this property, pins were placed as markers. Mills asked how much room exists behind the fence and Jones said about 10-11 ft. Administrator Jones said she was concerned about the elevation of • an existing porch and the applicant replied that she thought it was about 2 ft. above ground level at one end and higher at the other to account for the slope of the land. MOTION Crittenden moved approval of the variance; seconded by Tompkins, the motion to approve failed to pass 1-4-0, Crittenden voting "aye". Tompkins advised that if this variance were granted if would allow the setback of the entire length of the property to be at zero and Administrator Jones added that it would run with the land. Becker advised that one of the stipulations of granting a variance is that a hardship exists and that what is desired in this case does'nt appear to be a hardship. He said granting this variance would open the door for similar cases and he suggested that Jones try to work within the confines of the ordinance. There being no further business, the meeting adjourned at 6:00 P.M. • /l PAGE SUBJECT DATE 11 14 16 17 19 19 24 26 28 32 33 36 41 44 46 48 50 53 55 58 62 - 66-` 70 71 73 74 76 78 79 82 85 86 88 89 90 ( 92 93 95 96 100 102 103 !104 105„ 107 109 112 114 116 David 4 Jean Randle DBA (Appeal 85-1 - 701 W. North St.=Banco Bldg. Supply) Tom Jones (Appeal 85-2 - 588 Assembly Rd.) Mary King for the Johnsons (Appeal 85-3 - 416 Wren Circle at Gregg) Lifestyles (Appeal 85-4 - Sycamore @ Porter Rd.) C.E. Yerton (Appeal 85-5 - 3345 S. School) Kiethith Lee (Appeal 85-6 - 9S6 Boone St.) Tom Jones (Req. for Re -Hearing - S88 Assembly) Resignation of "Butch" Robertson I. John Maguire (Appeal 85-7 - 5647 E. Huntsville Rd.'- Car Wash) Sweetser Properties (Appeal 85-8'- 888 Lawson St.) A.D. King (Appeal 85-9 - S. College) Mark Theissen (Appeal 85-10 - 875 Fritz Dr. - Zoned R-1) Wade Bishop (Appeal 8S-11 - 1408 1Eton) Lamar Pettus (Appeal 8S-12 - 246, E. Sixth St.) Kenneth Dennis (Appeal 85-13 - 3S25 S. School) Headstart - EOA (Appeal 8S-14 - 246 E. Sixth St. at Willow) Mildred Webster (Appeal 85-15 - 2050 Winwood) Mike Hopkins (Appeal 85-16 - 742 W. North St.) Ron Skelton (Appeal 85-17 - 819, 825 F, 825.5 N. Willow) David Lewis (Appeal 85-18 - 360 N. Arkansas) GSC�Company (Appeal 85-19 --2999 Through 3041 N. College) Ozark Floor Company (Appeal 85-20 - 928 N. College) Clarence Young (Appeal 85-21- 1625 E. Ridgeway) Wal-Mart (Appeal 85-22 - 2999 N. College) John Leonard (Appeal" 85-23 - Warwick at Oak Bailey) Kathy Luther (Appeal 85-24 - 403 N. West Ave.) David Lewis ;(Appeal 85-25 - 360 N. Arkansas Ave.) Robert Nickle (Appeal 85-29 - 1310 & 1312 Oxford P1.) C.J. O'Donnell (Appeal 85-30 - 1973 Austin Dr.) Nelms Honda (Appeal 85-31 - 2781 N. College) Bob Nickle '(Appeal 85-29 - 1310 & 1312 Oxford P1.) Bargo Engineering (Appeal? - 1755 Armstrong) Allen McCartney (Appeal 85-33 - 1638 W. Maple) Mike Hopkins (Appeal 85-34 - 742 North St.) David M. Greer,(Appeal 85-35 - 231 E. Davidson) Mike Hopkins (Appeal 85-34 - 742 North St.) Carl Covey (Appeal 85-36 - 1018 E. Township Rd.) -Eben.& Linda Jones Appeal 85-37 -.2407 Mt. Comfort Rd.) Resolution No. 1-86 Land Use Study • •f I . .•bavid Greer (Appeal 85-35 - 23.1 E. Davidson) Resolution 2-86 - Appreciation to Mrs. B.Joneso, "fiances•Hafer (Appeal•86-1,= 1853 Briarcliff) Amendment ( Appeal 86-2 - Lot 81, Rolling meadows)-•- . Jim Lindsey ;(Appeal 86 3'=�2501 Kantz_Place).' Ruth Lesh (Appeal 86-4 - 35,6.`N. Washington) Fayetteville City Hospital -..221 S: School'J,, - Georgg Faucette,' Jr. (Appeale86-6 - 2830 Stagecoach) 4. Southwestern Energy (Appeal 86-7 - 1001 Sain Street) "::';.�.....,,•,, Jerry Allred (Appeal 86-8.,,- 473 &.477,:N. Gregg) Bruce T..Reed ( Appeal 86-9-a2106•Bri4rwood) -- ,. Fulton-StantomllCo. (Appeal) Eder Circle) " Roger• & Carol :Baker . (,'Appeal 86-11".- 3065 Quainton,Ct,. )• •r; :ie 4 01-07-85 01-07-85 01-21-85 02-18-85 02-18-85 02-18-85 02-18-85 03-04-85 03-04-85 04-01-85 04-01-85 04-15-85 05-06-85 05-06-85 05-20-85 06-03-85 07-01-85 07-01-85 07-01-85 07-01-85 07-15-85 07-15-85 08-05-85 08-19-85. 08-30-85 10-07-85 10-07-85 10-07-85 10-07-85 10-07-85 10-21-85 10-21-85 11-20-85 12-16-85 12-16-85 01-06-85 01-06-85 01-06-85 01-06-85 01-20-86 01-27-86 . 0?-17-86' 02-17-86 04-07-86 04-07-86 04-07-86 04 b7-86 07-07-86 07-07-86 07-21-86 08-04-86 08-18-86 BOARD OF ADJUSTMENT ATTENDANCE RECORD Jan. - Dec. 1985 n --------------- --------------f-�ouse _Iorn S;l beckn- M11115_�✓2Id.1�h_1(obeFft0j, ("hjtlft2t[teh January 7, 1985 ( ✓ ✓ ✓� X ? ( ✓— January 21, 1985 v ^ -- - February 4, 1985G1�4�1 1/ February 18, 1985—✓_— —` --^ March 4, 1985 March 18, 1985 A10 SeNQ0. April 1, 1985-- ` ,/ ,✓_ � ern April 15, 1985- May ` S ✓ ✓ ,__��-. i ✓-- . Ma_ v20 19H5--- --- -- —�- } i 1 June 3, 1985 f j June 17, 1985 S July 1, 1985 —_C.----, f ✓ ✓ ( July 15, 1985 — — ✓ X ✓ ✓� j j —. August 5, 1985 ! X ✓ } X I f ✓ ✓ August.19, 1985 AvVs-t 30 ' -September 16, 1985 October. 7, 1985 October 21, 1985 --�^ November 4, 1985 /JO WeehhIS November L8, 1985 December 2, 1985 /11i 0 Y11 Bcfi �� December 16, 1985 ✓ � s �✓ I✓ y/ y/