HomeMy WebLinkAbout1985-03-04 Minutes•
The Fayetteville Board of Adjustment met on Monday, March 4, 1985
at 3:50 p.m. in Room Ill of the City Administration Building, 113
West Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Chester House, Don Mills, Dennis Becker, David
Crittenden and Larry Tompkins
MEMBERS ABSENT: "Butch" Robertson and Robert Waldren
The
regularly scheduled meeting was called
to order by Chairman House
and
the minutes of the meeting of
February
18 were considered.
att lk"I
Upon a motion from Tompkins and a second from Mills, the minutes were
approved as distributed.
RRSIGNATION OF "BOTCH^ ROBBRTSON
The second item of consideration was the resignation of the Board
by Butch Robertson. Due to the demands placed on Robertson by several
new endeavors, he must reluctantly resign from the Board of Adjustment.
House commented that he didn't think the Board of Adjustment had ever
sent a letter to an ex -board member, but he would like to see one
sent to Robertson thanking him for the time that he has spent.
Tompkins endorsed House's request for a letter stating. that he had
been an excellent member and that the Board was sorry to lose him.
Tompkins also suggested a carbon copy be sent to either the Mayor
or to Mr. Grimes. Mills felt that this was a good idea.
PUBLIC HEARING -APPEAL NO, 85-7
JOHN MAGUIRE, 5647 EAST HUNTSVILLE ROAD
REQUEST FOR VARIANCE OF SETBACKS FROM STREET RIGHT OF WAY
The third item for consideration was a Public Hearing on Appeal No. 85-7,
a request for a 17' setback variance for a carwash to be built on
Highway 16 East, just west of Mally Wagnon Road.
House stated that he would have to abstain due to the fact that he
was not present at the meeting which granted Mr. Maguire a variance
for the gas pumps and canopy which had been installed too close to
the street.
Crittenden asked if the main purpose of the variance was to make the
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• Board of Adjustment
March 4, 1985
Page 2
front of the carwash flush with the rest of the building.
Brett Maguire stated that he hated to have to be here and if he and
John had their choice, they would have torn the building down and
moved it back and done it right. He stated that he didn't plan the
pump site, that Mr. Mitchell had done that. Maguire went on to state
that what he has is a dangerous situation because truck drivers park
in front, right by the curb islands, block his driveway and create
a hazard because when you pull out you can't see either way too well.
He further stated that he would like to pave nearly all of the parking
because people would pull the trucks in there to go to the store and
eat lunch. Crittenden asked him if he meant pick-up trucks. Maguire
stated big trucks, feed trucks, 40' trailers.
Crittenden asked how the variance would affect that. Maguire stated
that this is just one of the reasons that he would like to have it
closer to the road than the setback allows. Another reason is so
that they have enough driveway to pull all the way around the building
and still have room for the vacuum unit. Most of the customers are
farmers and they aren't really concerned with the vacuum unit. Maguire
also proposed a new setting for the dumpster where he could pour a
new pad and put a fence around it so it can't be seen. He again stated
• that the primary reason for the variance is to keep the carwash flush
with the building.
Crittenden stated that he recalled the variance to concern the misplacement
of the gas pumps and not the building as such. Therefore, the only
thing that this board has ever passed was on the gas pumps. Bobbie
Jones then stated that this also included the canopy to which Brett
Maguire stated that the canopy is actually in the right of way. Crittenden
then stated that the building is actually in the setback but that
it was pre-existing. Crittenden then examined the drawing saying
that from the back of the carwash to the property line is 97.6 feet
with the carwash shown as flush with the store. Crittenden stated
that moving the building back 17' to be in compliance would not stop
people from driving around to the back.
Maguire stated that he would like to have the extra room because he
has alot of drivers who drive chick buses, and rooster trucks and
various vehicles of a large size. These vehicles tend to block the
view for passenger cars. Crittenden stated that he didn't see how
this variance will affect where the trucks Fill be parking. He asked
Maguire what kind of hardship he is asking for. He commented that
he realized that people were parking there and blocking the vision,
but asked how building the carwash would keep this from happening.
Maguire asked them to look at the drawing. He showed them an old
• railroad levy that had been abandoned. He stated that they had taken
out the levy and that at this time it is a terrible mud hole and that
customers will not pull back there to park. John Maguire then stated
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• Board of Adjustment
March 4, 1985
Page 3
that if they force the customers to park in the back, then they will.
Crittenden then asked how Maguire proposed to force the customers
to park in the back. John Maguire replied that by taking up the room
closer to the highway with the carwash, it would then force the customers
to park behind the store. Brett Maguire stated that he could put
up a sign that states "Plenty of Truck Parking in the Rear" and that
the customers would soon get used to parking in the rear.
Tompkins asked if the ingress and egress from the carwash would all
be from Highway 16, Maguire stated that eventually the drive would
go all the way around and there would be room for cars to pull out
on to Mally Wagnon Road.
Crittenden stated that he had no more questions and passed the floor
to Mills, who stated that she had no questions.
Tompkins then asked if a fence is being erected between this property
and the residential property abutting it, B. Maguire stated that it
was.
Crittenden inquired as to the number of bays the carwash would have,
aside from the truck bay. Brett Maguire stated two bays for cars,
• plus an equipment room. He stated that he would really like to have
a big open space for trucks due to the fact that he sells diesel fuel
and many of his customers are farmers who drive in to fill their tractors
up and that these customers really need a place to wash their equipment,
which is usually too wide to pull into a regular carwash. He stated
that they would be putting a boom off the room and put a very long
hose on it.
Tompkins asked if they had considered putting the carwash on Mally
Wagnon Road and leave all of this area for truck parking. Brett Maguire
replied that he had never considered that option. John Maguire stated
that he didn't think there was room for it over by Mally Wagnon Road.
Becker then inquired as to the r-o-w of the street. Jones stated
that the master street plan calls for 80' on Highway 16 and that she
felt they had found right-of-way markers out there when the last survey
was done. Mally Wagnon Road needed additional r-o-w to bring it up
to 50'. According to Jones, this has been given. Jones stated that
she had some comments when appropriate.
Becker stated that he felt that there just wasn't enough research
into this project and that he had gone along with them on the previous
variance, however, he felt that the aesthetic idea was pretty weak.
He stated that he feels there are other ways to solve the problem.
• He stated that he just doesn't feel that this is a real hardship case.
The building is a new structure and will be setting precedence. Becker
said that he felt they should comply with the requirements.
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• Board of Adjustment
March 4, 1985
Page 4
Jones commented on the dumpster location. She referred them to Wally
Brt, the Sanitation Superintendent. She felt uncertain that it could
be serviced the way it was being shown on the drawing. B. Maguire
said that would be no problem. Jones commented that Brt does require
that the front be kept open. Three sides can be screened but one
side must remain open. Jones also commented on the open truck/tractor
wash bay, saying that the only reference she has similar to this is
under Gasoline/Service Stations, stating: "Washing of autos shall
be entirely within an enclosed structure". She said that she had
told Maguire, based on this statement, that we would not allow any
open wash bays for trucks and that was why this was included in his
request.
Crittenden then asked if enclosed meant having a roof on it. .Jones
stated that it also needed a wall, and that the boom would cause it
to not have a roof. Crittenden felt that this would even be a better
reason for moving it back.
At this time, House asked if there were any more comments. John Maguire
stated that there could be more vandalism if it is setting farther
• from the road. Becker felt that proper lighting would help eliminate
the problem of vandalism. He also stated that the farther you set
the building back, the better sight line you would have as far as
vandalism and visibility goes.
House called for a motion. Crittenden commented that he felt it was
strictly a convenience item for the owners. He stated that it might
look nicer if the building and carwash were flush, but that this was
not a good enough reason to grant a variance.
Mills stated that she agreed with Crittenden. She said that she couldn't
see that there was any kind of hardship and that she didn't feel it
would be that difficult to move it back. She also commented that
if the open bay is going to be a problem, then that matter should
be addressed.
Crittenden stated that although this used to be "out in the country",
that it isn't really "out" anymore and that this is a case where they
wouldn't want to make a mistake that they might regret later on.
Therefore he stated that he was against granting this variance.
Tompkins stated that he felt the use was good but that they could
use the property by moving the carwash 17' back. He also said that
over the long run it would be more advantageous to have the carwash
set back. He was inclined to believe that the variance should not
be granted. Becker said that he agreed with the other members of
is
the board.
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Board of Adjustment
March 4, 1985
Page 5
Mills asked if the open bay needed to be addressed in the motion.
Jones stated that in her opinion it is not allowed unless the board
decided to waive the requirement that it be enclosed. Jones stated
that this is a "Use Condition" and after discussion whereby the board
determined that the only way they could approve the open bay would
be to override Jones' interpretation, the board felt that this should
go before the Planning Commission for an ammendment to the ordinance.
f.iO O (OR1
Crittenden moved to deny the variance. Mills seconded the motion
and the motion to deny passed 4-0-1 with House abstaining from the
vote.
The meeting adjourned at 4:25 p.m.
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