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HomeMy WebLinkAbout1987-05-18 Minutes• MINUTES OF THE BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held on Monday May 18, 1987 at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Gerald Boyd, Dennis Becker, Jerry Allred, Larry Tompkins and Dennis Moore MEMBERS ABSENT: Don Mills, Robert Waldren The meeting was called to order and the minutes of the May 4, 1987 meeting were approved as distributed. APPEAL 87-8 - SETBACK VARIANCE IMMANUEL BAPTIST CHURCH - 201 S. DUNCAN The first item of consideration was an appeal requested by the Immanuel Baptist Church to vary the front setback from the required 25' to the requested 10.41. Property is zoned R-3 High Density Residential District, Dan Caldwell Pastor of the Immanuel Baptist Church and Mr. • Phillips were representing this appeal. Pastor Caldwell stated their Church had grown in the last few months, and because of the growth process there was a need for additional space in the Sanctuary and Fellowship Hall, Pastor Caldwell said it seemed the only possible thing they could do was to add to the back of the existing Sanctuary. He said that was the area to the west of the Church. The addition would be 30 X 34.3 and would be a proposed two-story metal construction building. Becker questioned the loss of 7 of the required 35 parking spaces for the new addition. He also asked about the agreement that was made for some off -site parking. Pastor Caldwell said in knowing that they had a problem with parking he had contacted the High School by letter. He said the Superintendent of Schools had agreed to let them use the parking lot at the High School. He said when they would be having Church there would be no School in session. Allred asked if that was written documentation. Pastor Caldwell replied it was, and he neglected to bring that document with him. • 47\ • Board of Adjustment May 18, 1987 Page 2 Pastor Caldwell said there had been some improvement in parking because of the removal of a tree. He said that enabled them to provide more black top for additional parking across the street. Boyd asked how much parking should be required for the density of the existing structure. Franzmeier stated in 1966 the church as it existed was required to have 35 parking spaces. She added at that time Immanuel Baptist Church received a variance on the rear setback for some bathrooms for the classrooms. Boyd questioned the 35 parking spaces in the parking lot for the existing structure. Mr. Phillips said there was less parking in that lot than required because there was additional parking provided to the west and some to the east and also the north. Boyd said the existing building was only setback 10.4' on the Stone Street side. He asked if that was a non conforming situation and if this request would be an addition to the non conforming situation. Boyd said it looked to him like everything was sitting on the sidewalk practically. Boyd said there was a • legal setback of 25' from the street ROW, and the proposed addition would just enlarge an already wrong situation. Mr. Phillips said the building was established in the-1950's. Boyd said the existing building had the right to continue, but to extend a non conforming situation was not allowed. Tompkins asked if an alternative plan had been thought about. Pastor Caldwell said it had been thought about, and there was no way they could do that. He said the air conditioning units would have to be moved. Mr. Phillips said as far as aesthetic values went, it would be better to leave it like it was rather than off set it. Also they would lose more parking spaces if it was off set. Becker said the Board had to face the extension that they have a non conforming use, but even beyond that he thought there was a safety problem of visibility. He said Stone street was a very busy street and the Church was only 10' back from the street. He said one of the reasons for the 25' setback was to provide sight distance to the street. Mr. Phillips said at the corner of Stone Street the parking lot for the Church was a one-way drive. . Allred felt like the Church had a lot of gowing pangs. Ib • Board of Adjustment May 18, 1987 Page 3 Pastor Caldwell said the bottom line was either the community would loose their Church because they were land locked or they would have to move to another location. He said they had no other choice. Pastor Caldwell hoped they would be able to stay in the community. He said they had developed a ministry to the High School students. There was approximately 70 kids who came on Thursday to recieve a free lunch. He said they kept those students off the road. Allred asked if the school had a closed campus. Pastor Caldwell said the campus was an open campus. Allred asked if the proposal to buy the property to the west was a written agreement. Pastor Caldwell replied no, but by word of mouth. Allred then said a word of mouth agreement was worth the paper it was written on. Allred said if there was a written agreement on that property in which they could utilize the land to expand he would be more in favor of this appeal. Allred then said by adding the proposed structure they would not • only add square footage to the building, but would also add additional occupancy to the inside, plus more traffic. Mr. Phillips said there solution to that was the High School parking lot for additional parking. Allred said if this appeal was granted, then in five years when they outgrow the Church again, asked then what do they proposed to do at that point. Mr. Phillips said the long range plan was to buy anything that they could afford. Allred said this Board had to look at their immediate needs, and long range plans as well. Mr. Phillips said before, when they had reached the saturation point they started Rolling Hills as a mission in. that area, and also cooperated with First Baptist Church in the Greenland Mission. He said if they reach the saturation point again they would probably leave a nucleus and go somewhere else. Allred said a prime example was the First Baptist Church in Springdale. He said they have a large old non conforming building that they can't move or get rid of, which had turned into a detriment to the City. • Tompkins asked if the building setback was required at both streets (Stone & Duncan). Franzmeier said the required setback was 25' from each street ROW. 41) Board of Adjustment May 18, 1987 Page 4 The public hearing was closed and discussion returned to Board members. Boyd said it looked like the Board would be making a bad situation worse if they granted the appeal. Allred felt if the Board granted this appeal they would just be adding to their problems. Becker had the same feeling, and said the program and reasoning was great, but felt the long term was just a little to fuzzy. MOTION Becker moved to deny the variance as requested, seconded by Boyd. The motion to deny was unanimous. Mr. Phillips asked if the Church secured the lot behind them, would this Board be more in favor of the appeal. Tompkins replied "no". • At this point Dennis Moore arrived at the meeting (4:15 p.m.) Jerry Allred, liaison to the Planning Commission gave a brief report to the Board of Adjustment. He said it was very nice, very encouraging and very beneficial to both Boards. Commissioner Seiff was unable to attend this Board of Adjustment meeting. Tompkins noted Appeal 87-7 was tabled at the May 4, 1987 meeting and asked if any new information had been submitted. Allred said Mr. Koopman had called him twice today. He said Mr. Koopman was researching the definition of what is, and what is not, a permanent structure, and a temporary structure. Allred said Mr. Koopman had gone to all the utility Companies asking for their permission to use the easement and apparently recieved that permission. Mr. Koopman asked that this not be removed from the table at this meeting. FAfWrPTfNW • Allred moved to extend Appeal 87-7 for another two weeks, seconded by Becker. The motion passed unanimously a Ib