HomeMy WebLinkAbout1985-08-19 MinutesMEETING OF THE BOARD OF ADJUSTMENT
• A meeting of the Fayetteville Board of Adjustment was held on Monday,
August 19, 1985 at 3:45 Pam. in Room 111 of the City Administration
Building, 113 A. Mountain Street, Fayetteville, Arkansas,
MEMBERS PRESENT: Chester House, Don Mills, Larry Tompkins, Dennis
Becker, Robert Waldren, Gerald Boyd and Jerry
Allred
MEMBERS ABSENT: None
The meeting was called to order by Chairman House and the minutes
of the August 5th meeting were considered.
MINUTES
Chairman House corrected a typographical error on the last page, "her"
should be "he". With this correction, the minutes stood approved
upon a motion by Waldren and a second by Becker.
PUBLIC HEARING APPEAL85-22
WAL-MART 2999 N. COLLEGE - PARKING VARIANCE
The second item on the agenda was a Public Hearing, Appeal 85-22;
• request for a parking variance submitted by Wal-Mart, located at 2999
N. College and represented by Co -Manager, Clyde Hulett. Requested
is the elimination of 27 parking spaces by the addition s.f. building. Required parking: of a 5,000
1479 Requested parking: 1325
Hulett stated that Wal-Mart would like to add a 4,900 stockroom facility
on the southwest corner of the existing building. He said the addition
is needed badly because of the increase of business at this location.
House noted that Wal-Mart keeps several trucks parked outside to hold
some of their stock. Hulett said they would like to do away with
the trucks as they are somewhat degrading to their business.
Codes Technician, Bobbie Jones, stated that the Planning Office has
received many phone complaints about the parked Wal-Mart trailers,
mainly from the subdivision to the west. She said the reports regarded
not only the trucks, but items stored underneath them.
Hulett said the trucks are not only unsightly but promote vandalism
and added that Wal-Mart has outgrown their present facility.
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Board of Adjustment
August 19, 1985
Page 2
• There being no one present to speak either for or against this appeal,
Chairman House closed the Public Hearing and returned discussion to
Board members.
House, in reviewing the area of subject Wal-Mart location, noted that
a variance was recently granted by this Board for a new supermarket
together with several other retail shops in the "shared parking" concept.
He said he recognized Wal-Mart's need to keep stock on hand for display,
especially at Christmas time. Hulett agreed, noting that there were
34 trailers parked outside last year with about 42 expected during
this year's holiday season.
Allred said it appears that Wal-Mart will outgrow the planned facility
before it is even started. Hulett said the intention is to double -deck
the new facility allowing nearly 10,000 s.f.
Jones advised that this Board needs to be aware of the square footage
of floor area planned for the addition as parking spaces required
are based on floor area.
Allred asked if the building will be two-story or stacked in racks
and Hulett said he thought it would be stacked.
Tompkins expressed some misunderstanding regarding the use being looked
at and Jones said that she is considering this storage space, accessory
• to a retail use. She advised that warehousing use requires Planning
Commission approval in this zoning district. She added that this
location and use requires one parking space per 200 s.f.
Tompkins asked at what point the study on shared parking had progressed
to and Jones replied that it is still being addressed by Larry Wood.
He inquired as to what will happen in the area that currently holds
the waste dumpster and Hulett replied that Wal-Mart is considering
trash compactors that take care of most everything.
Tompkins said he did not have a problem with this request except as
a matter of policy. He noted that this area now has a Hardee's, a
proposed department store, a theatre and a supermarket with each concern
chipping away at the available parking spaces. He wondered whether
the Planning Commission has examined this situation.
Jones said the ordinance is based on a ratio -to -use computation.
Tompkins asked what the use allocated to each of the concerns in this
shipping center is and Jones replied that she has considered the total
property uses against the total parking available. She added that,
to this point, the parking is adequate, including the recent variance
which covered total usage to total property with the exception of
the vacant property in the northeast corner. Jones said that the
Planning Commission originally approved this development plan with
the off -site parking to be used jointly by the entire complex.
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Board of Adjustment
August 19, 1985
Page 3
• Jones advised that the Planning Commission has not yet approved
concept of shared parking which was given to them to examine by Planning
Consultant, Larry Wood. She said this concept would set decreased
percentages of the total required parking based upon peak time of
use for the various uses. She said the time would be based on a 24-hour
period excluding holidays.
Waldren asked what assurance this Board could be given that the trailers
will be removed if the variance is granted. Hulett said he couldn't
make any promises because of the flux of the business. He said Wal-Mart
will do everything they can to eliminate the trailers from around
the building but he didn't know how long it would take.
Boyd said if this storage is approved at the same ratio as the principal
business it is accessory to, and the proposed space ends used as retail, it would hurt the parking situation. up being
Jones said it will be considered the same as a retail space and added
that it is impossible to police and enforce a building's use. as storage
only and not additional retail space.
Waldren noted that, of two businesses that have recently requested
a similar variance, one was approved with a stipulation that the space
be used for
he would like ttoasee ge oal stipulation y and the tthat her hthisad nobusinesstiu es theesaid
• for storage only unless they return with a further request.
Allred said he didn't have any problem with the addition whether it
be retail or storage space, due to the fact that it takes more room
to display items than to store them. He said a stipulation on the
variance would stifle their growth, which he did not feel this Board
has the authority to do as long as the business could meet guidelines.
Allred said he felt that this Board sometimes addresses issues as
to how they will not be advantageous to the City, but he added that
the more shoppers going to Wal-Mart, the more revenue will be generated
for the City, making things better for the City. He said he felt
that this growth was good for the City and he was in favor of granting
the variance.
Boyd asked at what point the chipping away at the parking will stop
and Allred said he felt that question should be addressed by another
committee. House said he thought that Wood will come up with a shared
parking plan that will address this situation.
Waldren agreed with Allred and noted that if parking becomes a problem,
people will go to another location to shop.
Mills asked how many trucks will be eliminated and Hulett said there
will always be a few trucks because of the unloading factor. He said
they will mainly try to eliminate trucks within 24 hours of arrival.
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• Board of Adjustment
August 19, 1985
Page 4
Becker said this was a difficult situation. He wondered if Wal-Mart
has taken advantage of the number of compact cars allowed.
Jones advised that the elevation plans indicate 18'8" but do not indicate
that the space is on two floors.
MOTION
Tompkins moved approval of the variance as requested. Seconded by
Allred, the motion to approve passed 7-0-0.
Mills expressed her concern regarding the Planning Commission having
not yet approved the shared parking concept noting that it puts a
bind on this Board.
Tompkins agreed, advising that the Commission is pushing this Board
into a corner by forcing them to approve of violations to the zoning
ordinance.
• Mills said she felt these types of questions came under the Commission's
jurisdiction and are not being dealt with. She requested that the
Planning Commission be asked for a definite date by which the study
will be submitted for a proposal. Other Board members concurred.
There being no further business, the meeting adjourned at 4:45 p.m.
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