Loading...
HomeMy WebLinkAbout1987-08-03 Minutes• MINUTES OF THE BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held on Monday, August 3, 1987 at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Don Mills, Robert Waldren, Jerry Allred, Gerald Boyd, Dennis Becker and Larry Tompkins MEMBERS ABSENT: Dennis Moore OTHERS PRESENT: Collins Haynes, B.J. Dow and Tessi Franzmeier MINUTES The minutes of the July 6, 1987 meeting were approved as distributed. APPEAL NO. 87-14 - VARIANCE IN SETBACK REQUIREMENT MASOOD KHAN - NORTHEAST CORNER OF REGAN & ARKANSAS AVE. The only item of consideration was a request for a variance in the required setbacks for a Mosque located at the northeast • corner of Regan and Arkansas Avenue. Property zoned R-3, High Density Residential District. Request was -to vary the required 50' setback from all property lines to the requested setback of 10' on the north, 25' on the south, 40' on the east and 46' on the west. Height requirements are one foot for each one foot of height in excess of 20' and the proposed Mosques would be approximately 45-50' in height. Collins Haynes, Architect from Rogers stated his firm had been retained by the Islamic Society of North American to design a Mosque. He said basically the Mosque was a Holy place for prayer in the City of Fayetteville and would be located hopefully on the corner of Regan and Arkansas Avenue. Mr. Haynes presented a proposed site plan of the Mosque. Mr. Haynes said at present time there was a three-story house on the property as well as a one-story house. He said they were asking to build the proposed facility with a variance on the side yard and yard setbacks. He said there was provision in the ordinances which stated "any church (which he said was not specifically a church) would have to be separated from the nearest property line: by 50' if air conditioned". Mr. Haynes said the other variances they were asking for were for two specific features of the building, the minaret or prayer tower and the dome. He said the facility was 0 • Board of Adjustment August 3, 1987 Page 2 not really a church per se, but essentially a student facility for the Muslim student association at the University. He said the students would use the facility one day a week primarily for prayer. Mr. Haynes added 99% of the students do not have automobiles so they were able to reduce the parking on site. He said in designing they tried to minimize the effects on the surrounding area, and trying to keep it in play visually and density wise with what was happening in the neighborhood. He said the materials would be very low key, not a flashy building whatsoever. He said the only point that would be a little different about the facility was the religious contacts, in the sense that it would be Islamic in nature. Mr. Haynes noted he was going to save all the trees and felt it would be very helpful to have the trees as far as the neighborhood and green space. Boyd asked if there would be a loud speaker system, and Mr. Haynes replied "no". Mr. Haynes said the Minaret would be purely decorative at this point and would be unoccupied space. • Tompkins asked what the present density was for the block in question as to dwelling units per acre. Mr.._ -Haynes said he would not be able to say and had not researched that far. Tompkins said he was interested in the parking more than anything else. As he understood the persons using the church did not have automobiles, and added he had different data. Mr. Haynes said he received his documentation from the two cardiologist from the Veterans Administration Hospital who were members (Elders) of the student organization. Mr. Haynes said the reason they appealed parking was that services were on Fridays and 99% of the people who would attend this student organization were students. He said the students would walk from campus to the facility and go back. The only people who would use the 10 proposed parking spaces would be the Doctors or possibly a visitor. He said as far as the automobiles it was made apparent to his firm that very few of the members have cars. Tompkins said he was also interested in the size of the congregation and added the Planning Commission minutes reflected a possible 100 members. Mr. Haynes explained there were only 55 members at present time and they were looking at possible growth, but the growth would be student oriented. Tompkins asked if Mr. Haynes had a section of the proposed property, and Mr. Haynes replied "no", but he had a set of plans without section. • Tompkins said the reason he was asking was that he was interested in the shadows cast by the proposed structure to the structure on the east. Mr. Haynes said he had not really projected the cast, • Board of Adjustment August 3, 1987 Page 3 but the building there was shorter than the house that was there now. Tompkins asked Mr. Haynes if there was a commercial use on the proposed property now, and Mr. Haynes replied there was a dance studio in existance. Tompkins asked what the total square footage was for the proposed building. Mr. Haynes said the approximate square footage was 8000 plus at this point. He said the only part they have yet to determine based on the approval of this appeal was the congregation room. Tompkins asked about the caretakers and if that was permanent or what. Mr. Haynes replied they would allow a student or students to live at the Mosque in order to take care of it. Tompkins asked if the students would have automobiles and Mr. Haynes replied "no", but then said he really could not say at this point. Tompkins then said what he was really getting at was there would be at least 2 parking spaces for the caretakers. Mr. Haynes said he could not confirm that, but that would probably be the maximum number. • Commissioner Dow stated what helped her at the Planning Commission meeting was that there was some student parking on the other side and that the church hour would be when the University buses ran. Mills felt the student parking lot would be filled at that time. Mr. Haynes added the students would already be on campus at that time. Mr. Haynes noted this was not a point of approval and what they said was if indeed there was a crunch there was that possibility of the student parking lot. Boyd asked if other religious foundations on Maple Street had parking or had problems because of the lack of parking. Tompkins said there was a parking problem all over the University. Boyd asked specifically for churches and Mills said most of the churches provided parking at the back and there was always a problem with the parking. Mr. Haynes explained this was a very different type of a functional building for a "church", and would be used one time a week, basically a prayer room and not typical of prodestant religion where there were lots of cars and lots of people at any one time. He said the project was being funded by the Islamic Society of North America as a gift to the students and would cost in the neighborhood of 3/4-1 million dollars. • Allred asked how many units would be removed on the property and Mr. Haynes replied approximately 10 units. Allred said the • Board of Adjustment August 3, 1987 Page 4 Mosque would then ease the traffic situation as opposed to having 10 units. Tompkins ask if Mr. Haynes was saying the Mosque would be used for nothing else, but one day for prayer. Mr. Haynes said he was not saying that, but the major group of people as far as people head count would be that one day a week for prayer. He said there may be smaller group meetings in the small meeting room, but that one day was the day of congregation. Waldren said it had been suggested at the Planning Commission for off -site parking within 300' of the Mosque and asked if that had been persued. Mr. Haynes said that suggestion had been withdrawn from consideration at that point after discussion of what the parking use would be. Tompkins asked if they were using part of the ROW along the sidewalk for a plaza and Mr. Haynes replied that was proposed and purely graphic and if they had to stop at the sidewalk they would. isMills asked how tall would the building be and Mr. Haynes replied at the very most top of the tower it would be approximately 45- 50' above grade. Mr. Haynes added there were trees existing that were approximately 75-80' tall. Mills asked what was the plan for students that finished school and move into the community and then continue to come back. Mr. Haynes said they would have to build another Mosque somewhere because they were pretty much fixed by occupancy by square footage and City Code. Tompkins asked for his information what impact would this have on the property values in the area. Mr. Haynes said he thought it would have a drastic increase and Tompkins asked how. Mr. Haynes said due to the impact of cash flow into the area, and if anything it would dress the neighborhood up. Mr. Haynes added these people want to be good neighbors and they do not want to offend anyone and they were very low key. Mills asked if there was no way this could have been designed to meet the required setbacks. Mr. Haynes replied "no" and by loosing 50' on each side it would only leave 30' for the building. A property owner on Reagan street said he liked the idea of someone spending that kind of money in a neighborhood. He said one of his concerns was the parking situation and felt at this • stage if there was some way to add parking, but if not he would not want to stop the project. He said there was no off -site parking on Reagan Street and said by the time fall semester • Board of Adjustment August 3, 1987 Page 5 started the students would be all over the place. He said he could see the parking situation to be a real problem eventually especially on a Friday. He also said he taught at the University and one of his Islamic students did this project last semester as a group project for the class in real estate finance. He said the student said there would be a cultural center and also there was an impression there might be some other activities going on like a day care center. Mr. Haynes said there would be no day care center and he could review the plans if he wished. Mr. Haynes said the primary function of the building would be the segregation of sex, male and female on separate floors, with the cleansing area going to the prayer room then a meeting room underneath the facility, but not the entire floor. Mr. Haynes said there would be a very small classroom approximately 20X25 on the second floor where the women could leave the children while they attend the prayer service. Allred noted the Planning Commission had already waived the parking requirement. He said this Board should not even be concerned about the parking situation and all they could deal with was the setback situation. • Tompkins asked for his information why the Planning Commission waive the parking when the all other churches are asked to adhere to the parking requirement. Dow explained the waiver on the parking was based on many factors. She said their lifestyles are so different than ours and the reason they wanted to locate close to the University was because they like to walk places. She also felt this was a very, very unique situation and she said to be honest she had some real reservations about waiving the parking requirement. Haynes added this particular group of people and their religion per se were very much self policing. He said if there was a problem he assured the Board it would be quickly solved and would not persist. He said the biggest thing in their minds was they wanted to be good neighbors. In answer to a question from Tompkins, Mr. Haynes said when the church leaves the building would stay. Commissioner Dow added the church has a Conditional Use and if the use changed it would have to go back through the Planning Commission for approval of a new use. Allred felt some consideration should be given because they were going to upgrade the neighborhood. He said two less desireable • buildings were going to be removed and replaced by the new structure and it would add value to the area. • Board of Adjustment August 3, 1987 Page 6 Tompkins asked Mr. Haynes if he saw any problems with mixing two cultures. Mr. Haynes replied "no" in the sense they were pretty much inter -mixed at this point on campus. He said they facilitate their education at the University amongst other people and he did not see why the other people could not inter -react. He said he did know that non-Islams would not be able to use the bulk of the facility. Mills asked if anyone in the audience would like to speak for or against this appeal. There being no other speakers the public hearing was closed and discussion returned to Board members. Becker felt the parking issue had already been removed by the Planning Commission. He said as far as the height problem there was not really a problem and felt the trees would cast more of a shadow than the building would. He said the setbacks had to'be addressed as a unique situation and break the law in a sense to allow something like this to take place as opposed to adhereing to the law and seeing something like this disappear. Becker said he would be in favor of the variance. Boyd asked if the services would be heard from the outside and Mr. Haynes replied "no". MOTION Allred moved to grant the variances as requested, seconded by Boyd. The motion to approve passed 4-1-0, Waldren, Allred, Boyd and Becker voting "yes" and Tompkins voting "nay". OTHER BUSINESS Mills announced that July 21, 1987 was the last official date of Don Grimes Tenure. She said a letter was given prior to the reception to Mr. Grimes from the Board of Adjustment. Commissioner Dow announced she would not be able to attend the next Board of Adjustment meeting. She said she would try to get an alternate to attend. There being no further business the meeting adjourned at 4:45 p.m. n U