HomeMy WebLinkAbout1986-01-06 Minutes• MINUTES OF THE BOARD OF ADJUSTMENT
A meeting of the Fayetteville Board of Adjustment was held on Monday,
January 6 J 5 at 3:45 in Room 307 of the City Administration Building,
IqO Y West Mountain Street, Fayetteville, Arkansas.
7 MEMBERS PRESENT: Don Mills, Larry Tompkins, Robert Waldren, Dennis
Becker, Gerald Boyd and Jerry Allred
MEMBERS ABSENT: None
The
meeting
was
called to order and
the minutes of the December 16,
1985
meeting
were
considered.
MINUTES
The
minutes
were unanimously
approved upon a motion from Tompkins
and
a second
from Waldren.
APPEAL 85-34 - SETBACK VARIANCE
MIKE HOPKINS - 742 W. NORTH STREET
The first item of discussion was appeal 85-34 submitted by Mike Hopkins
for property located at 742 W. North Street. Hopkins' request to
• vary the setback from street right-of-way (for a pump island canopy)
from the required 20' to 15' was tabled at the December 16, 1985 meeting
with the suggestion that Hopkins revise his plan.
Hopkins advised that he is requesting a 5' variance for his proposed
pump island canopy. He noted that he plans to relocate the gas pumps
so that the canopy will not extend any further towards the street
than the present pump. He added that he plans to relocate one of
his driveway locations.
Tompkins noted that Hopkins' revision allows for the appropriate number
of required parking spaces. He asked whether the canopy could be
constructed with a 7 and 1/2 foot overhang (one side) and Hopkins
replied that it would require a "special order" which would be very
costly. Tompkins said that measuring from the centerline of North
Street gives a 76' right-of-way. It was determined that the centerline
of the pavement is not always the centerline of the right-of-way.
Waldren advised that, based on work carried out by SWEPCO, it appeared
that the centerline of the pavement and the r/w did not match and
added that it appears that there will be no further widening on the
north side of North Street in the foreseeable future. (As per conversations
with State Highway Department). Waldren advised that a survey of
North Street would determine the centerline of the r/w.
•
• Board of Adjustment
January 6, 19Hq 1400a
Page 2
Allred pointed out that this request amounts to a change in non -conforming
structure and will have more aesthetic value than the present condition.
He made a motion to approve this appeal. Waldren seconded followed
by a request from Tompkins that this variance be restricted to the
canopy and not the entire length of the property. Allred and Waldren
accepted this amendment and the motion to approve passed unanimously.
The second item of consideration was a request to vary side setback
requirements on a tandem lot submitted by Carl Covey for property
located at 1018 E. Township Road. Required setbacks for a tandem lot
are 20' on all sides; Covey requested an east side setback of 8'.
Covey explained that he has selected a design for a home that requires
a southern exposure in order to take advantage of its' solar orientation.
He pointed out that there is a stand of cedar trees on the property
line that he will try not to disturb. He advised that he will purchase
• the property in question only if this appeal is granted. Covey noted
that the requested 8' setback will be to the overhang.
In answer to Tompkins inquiry regarding access, Covey replied that
the City has an access across the property which lies between Township
Road and his proposed purchase and that he will continue said access
drive up to the house site. He further explained that the access
is contained in the abstract to subject property.
Tompkins asked if Covey had tried turning the house plan around 90
degrees and Covey replied that doing so would not allow any glazed
area on the south side. Tompkins asked Covey had considered other
designs and Covey replied that he had.
Allred asked the purpose of 20' setbacks for tandem lot and it was
determined that it allowed maximum protection.
Mills inquired as to the party responsible for upkeep of the access
road and Covey said he thought the City would be responsible as the
road is the access serving a City water storage tank.
Tompkins asked if Covey was requesting the variance for the length
of the property and Covey replied that restricting the variance to
the structure alone was acceptable.
L 1
P•
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• Board of Adjustment/
January 6, 06-5 147BP
Page 3
MOTION
Boyd said this request seemed reasonable as the lot is large and somewhat
unusual. He moved to approve the variance restricted to the structure
alone and not the entire property line. Allred seconded and the motion
passed 5-1-0, Tompkins voting "nay".
i N:
The third item of consideration was a request to vary minimum lot
area and lot width submitted by Eben and Linda Jones for property
located at 2407 Mt. Comfort Road.
Jones explained that he had originally requested a rezoning of subject
property from R-1 to R-2 because the parcel, which has three houses
built on it, can be divided to meet R-2 requirements (but not R-1)
if it were divided. He said the Planning Commission tabled the rezoning
request at their meeting of December 9, 1985 and asked that the Board
of Adjustment look favorably on an appeal to vary the width and area
requirements so as to avoid rezoning the property.
• Allred pointed out the houses would become non -conforming if the variance
were granted prohibiting replacement if the structures were destroyed
by any means. Tompkins added that lending institutions might have
a problem with a loan for a non -conforming parcel.
Allred stated that he felt uncomfortable with the Planning Commission
requesting this Board to examine the appeal as he felt it was a matter
of land use for which the Planning Commission should take responsibility.
He noted that Regional Planning Consultant, Larry Wood, had recommended
R-2 which seemed appropriate in light of other R-2 and Industrial
parcels in the immediate area. He said he felt this particular piece
of land would never be suited to development of a single family residence.
Waldren agreed with Allred, noting the other R-2 parcels scattered
throughout this area. Becker agreed, pointing out the proximity of
the by-pass and other major streets resulting in high -traffic.
Allred said he felt the rezoning request had not been examined with
future use in mind as he thought the property could be used commercially.
Tompkins agreed that a commercial use seemed to fit the area in terms
of planning. Allred added that it bothered him that this appeal has
been tabled and delayed, leaving Jones without an answer to his problem.
He said the area is changing and the situation must be addressed.
Becker also agreed that the use seems to have gone beyond R-2.
• Mills said a study of the area had been previously requested and was
requested again by Commission Jacks at the meeting of December 9th.
0
• Board of Adjustment
January 6, .1L 8J 9gb
Page 4
Boyd advised that a future owner of one of the homes could not alter
their structure as it would have become non -conforming. Waldren agreed,
noting that any additions would take an additional variance. He added
that it was a good location for a convenience store.
MOTION
Waldren moved to deny this appeal and return it to the Planning Commission
for reconsideration of the rezoning. Allred seconded and the motion
to deny passed 5-1-0. Tompkins voting "nay".
PY*II1 FLW 1II;7
Boyd, seconded by Tompkins, moved to pass the following resolution
as formulated by Tompkins:
The Board appreciates and concurs with Commissioner Jacks' comments
concerning the importance and need to expedite a land use study or
studies necessary to provide guidelines for the future growth of the
Deane-Solomon/Porter Road area. The motion to pass the preceding
is
resolution was approved unanimously.
There being no further discussion, the meeting adjourned at 5:05 P.M.
•
q}
• RESOLUTION N0. �' S
A RESOLUTION EXPRESSING THE IMPORTANCE OF EXPEDITING A LAND USE
STUDY IN THE DEANE-SOLOMON/PORTER ROAD AREA.
WHEREAS, the Planning Commission has referred Rezoning Appeal
R85-31 to the Board of Adjustment for review of a variance on area
and lot width requirement so as to avoid "spot zoning"; and
WHEREAS, after due consideration, the Board of Adjustment denied
a request for variance on said appeal; and
WHEREAS, the Board of Adjustment appreciates and concurs with
Commissioner Jacks" comments concerning the importance and need to
expedite a land use study or studies necessary to provide guidelines
for the future growth of the Deane Solomon, Porter Road area.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF FAYETTEVILLE, AR.KANSAS:
Section 1. That the Board of Adjustment hereby requests the
expedition of a study or studies of land use in the Deane Solomon,
Porter Road area.
is
PASSED AND APPROVED this day of
1986.
ATTEST::
BY:�, t
0
APPROVED:
BY:�
PAGE SUBJECT DATE
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6
a
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
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90
92
93
95
96
100
102
103
104
105„
107
109 2
112
114
116
David & Jean Randle DBA (Appeal 85-1 - 701 W. North St.=Ranco 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 - 956 Boone St.)
Tom Jones (Req. for Re -Hearing - S88 Assembly)
Resignation of "Butch" Robertson
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 85-11 - 1408 Eton)
Lamar Pettus (Appeal 85-12 - 246j E. Sixth St.)
Kenneth Dennis (Appeal 85-13 - 3525 S. School)
Headstart - EOA (Appeal 85-14 - 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 & 825.5 N. Willow)
David Lewis (Appeal 85-18 - 360 N. Arkansas)
GSCtCompany (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 Pl.)
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- , .---
:'-bavid Greer (Appeal 85-35 - 231 E. Davidson)
Resolution2-86 -Appreciation to Mrs. B.Jonesl".
Fiances •Hafer (Appeal-486-1,7 1853 Briarcliff)
Amendment ( Appeal 86-2 - LI.ot 81, Rolling Meadows)•--- „ ,
Jim Eindsey .(Appeal 86-.S =�2501 Kantz Place)_.
Ruth Lesh (Appeal 86-4 - 35,6.'N. Washington)
Fayetteville City Hospital -..221 S. School.),i -
Geor Faucette,'Jr. A 1"-
4� ( ppeal� 88-6 - :2830 Stagecoach) � _
Southwestern Energy (Appeal 86-7 - 1001 Sain Street)=
Jerry Allred (Appeal 86-8, 473 &.477..:N. Gregg)
Bruce T..Reed=( Appeal 86-9-,2106•Bri4rwood)
Fulton-Stantonr,+Co'. (Appeal''86=I.0...... 7;"864. Zdeii-.Circle)J� Roger. & Carol :Baker '(; Appear d64-11''I 3065 QuaintonCt; `).« - ,
01-07-85
01-07-85
01-21-85
02-18-85
02-18-85
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03-04-85
03-04-85
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04-01-85
04-15-85
05-06-85
OS-06-85
05-20-85
06-03-85
07-01-85
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07-01-85
07-15-85
07-15-85
08-05-85
08-19-85.
08-30-85
10-07-85
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10-21-85
10-21-85
11-20-85
12-16-85
12-16-85
01-06-85
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01-20-86
01-27-86 .
02-17-86
02-17-86
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08-04-86
08-18-86
PAGE SUBJECT DATE
1W 121 Ken Lazenby (Appeal 86-14, South End of Farmers Lane)
123 Fayetteville City Hospital (Appeal 86-13, 221 S. School)
127 Bob Kelly (Appeal 86-12, 358 Arkansas Ave.)
131 Larry & Tommi PErkins (Appeal 86-16, 2840 Strawberry)
1301- 1 Reke rNaWItA��^ilding & Restoration (Appeal 86-17, 130 E. Spring)
138 teorge TVi'lliams (Appeal 86-18, 1240 N. Garland, 7-11 Store)
139 Winton & Dorothy Fox (Appeal 86-19, 3303 Fat Gulley Rd.)
140 J.B. Hays (Appeal 86-20, 2800 N. College Ave.)
141 FAyetteville Christian Fellowship (Appeal 86-21, 1600 Mission Blvd
144 Sange Avenue Senior Center (Appeal 86-22) setback variance
148 Gordon Wilkins (Appeal 86-23) 2422 Gentle Oaks setback variance
151 Approval of the 1987 Board of Adjustment Schedule
153 John D. Storey - 2965 Inwood Lane (Appeal 86-24) setback variance
09-15-86
09-15-86
10-06-86
10-06-86
10-06-
1`6-H-
10-20-86
10-20-86
10-20-86
11-03-86
12-01-86
12-01-86
12-15-86
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