HomeMy WebLinkAbout1987-07-06 Minutes0 MINUTES OF THE BOARD OF AWUSTMENTM-
A meeting of the Fayetteville Board of Adjustment was held on
Monday, July 6, 1987 at 3:45 p.m. in Room 111 of the City
Administration Building, 113 West Mountain Street, Fayetteville,
Arkansas,
MEMBERS PRESENT: Don Mills,
Larry
Tompkins,
Jerry Allred,
Gerald Boyd,
Dennis
Becker and
B.J. Dow
MEMBERS ABSENT: Robert Waldren and Dennis Moore
The meeting was called to order and the minutes of the June 15,
1987 meeting were considered.
MINUTES
The minutes of the June 15, 1987 meeting were approved as
distributed.
APPEAL 87-12 - APPEAL TO THE ZONING ADMINISTRATORS DECISION
HAROLD JONES FOR RONNIE TEAGUE - 234 HUNTSVILLE RD.
• The first item of consideration was a request to appeal the
zoning Administators decision. The property is zoned R-2, Medium
Density Residential District.
Harold Jones, 1617 Ramsey explained he owned a constuction
company in Fayetteville since 1965 as well as other jobs. He
said he sold the property to Mr. Teague 2 years ago. Mr. Teague
failed to do anything with the property or building. Mr. Jones
felt the building did not reach the 50% demolition possibility as
stated by Freeman Wood, Mr. Jones said today he had made a
written estimate and had made copies for each of the Board of
Adjustment members. Mr. Jones said he was proposing to turn the
existing building into a warehouse for his personal storage of
furniture.
Mr. Jones said he planned to cut 3' of the overhang on the old
Dairy Queen. He proposed to cut the soffit and facia which were
the bad parts on the building. He said the top of the roof had
been reroofed two years ago and was not leaking with the
exception of a vent pipe which just needed a piece put back on
it. He also proposed to block up the two small windows with
blocks and finish up the repairs. He said he would charge Mr.
Teague $500,00 for all the repairs and paint and clean-up.
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• Board of Adjustment
July 6, 1987
Page 2
Mr. Jones said he would not turn the building into a dwelling or
a commercial business, but for storage it would really come in
handy. Mr. Jones said he felt the most important thing was to
make the outside appearance look better. Mr. Jones added the
repairs could be started in a week or just as soon as he finished
a job he was working on. Mr. Jones said he would need a building
permit to do that and that was why he was appealing Freeman Woods
decision for demolition.
Sandra Carlisle gave the Board of Adjustment a little background
on this appeal. She said the building inspector had taken this
property to the City Board for condemnation or razed. She said
Freeman Wood had an estimate which she passed around, that the
building was over 50% destroyed. She said Mr. Teague did not
appear at the Board meeting when it was heard and an ordinance
was passed to raze the building. She said Mr. Jones has appealed
to the Board to hold off on that ordinance until :he could appeal
to the Board of Adjustment.
Larry Tompkins asked if
Carlisle replied "no".
• certified appraiser, and Mr
appraiser for 19 years.
Freeman Wood was an appraiser, and
Tompkins asked if Mr. Jones was a
Jones replied "yes" he had been an
Tompkins asked for clarification of the exact location of the
property in question. Carlisle explained it was the old Dairy
Queen on Huntsville Rd. She said the map was misleading and that
the legal description was also misleading.
Boyd asked if a separate storage building was a permitted use in
R-2. Carlisle stated the owner could use the building for his
own purpose which was to store his excess furniture in the
building. She added he could not do any retail or commercial.
Boyd asked Carlisle where did it say that in the Code Book and
Carlisle replied that was her literal interpretation.
Tompkins this Board was not concerned with the use, and only if
it was more than 50% destroyed. He then said Carlisle was basing
her decision on the data she had recieved from Mr. Jones and Mr.
Woods. Carlisle clarified the decision was based on Mr. Woods
data.
Boyd asked if there were other problems other than setbacks. He
also wanted to know if anything could be built on the lot in
question. Carlisle said nothing could be built on the lot other
• than a very small high-rise.
Mills stated the Board of Adjustments determination was to
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• Board of Adjustment
July 6, 1987
Page 3
determine whether or not the building was 50% destroyed.
Allred said it appeared to him the building was about 90%
destroyed. He did not think anyone could rebuild that building
for $500.00.
Mr. Jones said he was in the business and thought he could.
Allred added what Mr. Jones was trying to do was; 1) put it
backup to code; 2) convert the building into another use (storage
building).
Mills advised the Board of Adjustment was not concerned with the
converting. She said this Board was only to determine whether or
not the building was 50% destroyed and that was it.
Tompkins asked if the structure and lot were non conforming at
present time. Carlisle replied the structure was grandfathered
in and "yes" it was a non conforming lot with structure.
Boyd asked Mr. Jones how long he had been in business. Mr. Jones
• replied since 1965. Boyd asked as a General Contractor and Mr.
Jones replied "no", and that he did not own a State Licence. Mr.
Jones said if he had a State Licence he could not do little jobs
like this one.
Bert Rakes explained the estimate that had been passed around was
not from an official appraiser, but an estimate from the building
Superintendent to bring the structure up to code. He also said
the estimate was not based on a change of use. Mr. Rakes added
Mr. Wood wanted to avoid having to do this every year or two.
Mr. Rakes clarified the estimate from Freeman Wood was based on
the original use (Dairy Queen) and not a storage building.
Becker felt the estimates should be looked at one more time to
see if Mr. Jones could possibly pull a permit for a storage
structure with an appropriate estimate from Freeman Wood.
Boyd said who from the Inspection Department could tell this
Board that there would be a likelihood that the $500.00 worth of
repairs would pass or sufficient to pass an inspection.
Richard Wilson, Property and Signs Inspector said the $500.00 in
repairs would not be sufficient to pass an inspection. He said
in order to make the building sound he would have to null down
. the concrete blocks and the front walls and side walls and
reblock them because they are broken and you can see daylight
through them. He also said the corner block on the southwest
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• Board of Adjustment
July 6, 1987
Page 4
corner was completely broken. Also the mortar was missing from
the blocks and on the front side (south) there were several areas
where there was no mortar. Wilson said the floor of the building
had big cracks with raised portions of the floor of at least an
inch or so. He said the floor would also need to be torn out and
redone in an area of 5' X 1/2 the building in order to straighten
that out. Wilson said he had taken pictures where you can see
daylight through the roof, and that the rafters or the joist
going across had rotten and showed signes of water damage. He
said the bathroom door and front door would also have to be
replaced. He also said there was no insulation in the walls and
they were just concrete blocks. Wilson said the overhang for the
soffit and facia had a lot of rotting, and it could be cut a lot,
but there was the internal 2X12 that might exceed the span
limitation which would mean problems structurally. Wilson said
for $500.00 there was no way the building could be repaired to
where it would be usable even as a storage building.
Tompkins asked Richard Wilson if he thought the structure at 234
Huntsville was unsafe. Richard Wilson replied "yes" as it stood
right now.
• Mills asked what specifications would the.building have to meet
in order to be used as a storage building.
Bert Rakes replied basic building codes such as spans, proper
footings (existing footings are cracked), blocks layed in a
workmanship manor with proper mortar. He said it would also
require a flat built-up roof with tar paper and tar.
Bruce Cully, 344 Combs street stated the building has sat there
broken and trashed out for years. He said now we are talking
$500.00 to fix it up and wanted to know why the $500.00 had not
been spent before. He said it was an eye -sore in the
neighborhood and was to close to Huntsville Rd. Mr. Cully said
he was all for tearing the building down.
The public hearing closed at this point and discussion returned
to the Board members.
Boyd said in his opinion the building was more than 50%
destroyed. He said for $500.00 they could probably make a shack
out of the building, but anything that would resemble a sound
storage building could not be done without replacement.
Tompkins said looking at the two estimates he could see basically
that Mr. Jones was
saying the building
appeared
to be
26%
• destroyed. He said if
he looked at Mr. Woods
figures
he saw
it
was approximately 51%
destroyed except for the
part to
restore
to
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• Board of Adjustment
July 6, 1987
Page 5
the Dairy Queen.
Tompkins said Mr. Jones had a labor cost that he did not believe.
Also he was very concerned about the safety factor and was
concerned about the non-conformance of the lot now. He said when
he looked at the discrepancies of the legal description and
records felt it would be more appropriate to rebuild the buiding.
Tompkins said if the master street plan called for Huntsville Rd.
to have an 80' ROW there would be a possibility to take some land
on each side. Tompkins said he was inclined to uphold the
Planning Administrators decision.
Becker stated the City holds the cards here because they have to
issue the permit. Becker said either Mr. Jones does what the
City wants or he gets an attorney. Becker felt Mr. Jones did not
address the structural safety of the building as did the City
Inspectors. Becker said he would also have to go along with the
zoning administrators decision.
MOTION
• Allred moved to uphold the zoning Administrators decision,
seconded by Tompkins. The motion to uphold the administrators
decision passed unanimously.
APPEAL NO. 87-13 - SETBACK VARIANCE
LOGAN AND DAPHNA CHANDLER - 2501 COUNTRY WAY
The second item of consideration was a request to vary the north
and east side of the property in question. The request was to
vary the required 25' setback to 23.65 on the north and 22.5 on
the east. The property is zoned R-1, Low Density Residential
District.
Daphna Chandler said when they bought their new home they were
not aware of what the builder had done. Mrs. Chandler said they
were not selling their home and at the time of closing the survey
showed the encroachments.
Boyd asked Mrs. Chandler if she was the original owner of the
home, and Mrs. Chandler replied "yes". She said Clifford
Clevenger had built their home because they felt he was a very
reputable builder.
Allred asked if a survey had been done before construction had
began. Mrs. Chandler explained at that time the mortgage
• companies did not require surveys for title insurance.
Boyd asked if the sale of the home was pending a decision from
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• Board of Adjustment
July 6, 1987
Page 6
this Board, and Mrs. Chandler replied "yes".
Mills closed the public hearing at this point and returned
discussion to members.
MOTION
Becker moved to grant the request as requested, seconded by Boyd.
The motion to approve as requested passed unanimously.
OTHER BUSINESS
Chairman Mills introduced B.J. Dow from the Planning Commission.
She said Commissioner Dow would be attending the Board of
Ajustment meetings for the next 3 months.
Commissioner Dow said it was an interesting meeting and that she
enjoyed it.
Chairman Mills announced that Dennis Becker would be attending
isthe Planning Commission meetings for the next 3 months. His
alternate would be Gerald Boyd. Mills requested that both
members of the Board of Adjustment receive agendas for the
Planning Commission.
Mills stated she would write a letter of appreciation to Gerald
Seiff for attending their meetings.
There being no further business the meeting adjourned at 4:55
p.m.
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