HomeMy WebLinkAbout1987-11-02 Minutes• MINUTES OF THE BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held on Monday, November 2,
1987 at 3:45 p.m. in Room Ill 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: NONE
MINUTES
The minutes of the October 5, 1987 meeting were approved as distributed.
APPEAL 87-24 - FAYETTEVILLE CITY HOSPITAL
221 S. SCHOOL - STEVE DYER
The first item of consideration was a request for a variance in the required
setbacks. Application submitted by Fayetteville City Hospital located at 221 S.
School. Requesting a variance from the required 30' on the west to 0' and from
the required 30' on the south to 0'. Property zoned P-1, Institutional.
Mr. Dyer stated that housing and health care for the elderly :is a growing problem
in our nation. As the elderly population in Fayetteville increases, the need for
quality health care via' nursing home beds is great, as is evidenced by the near
is
100% occupancy rate of our geriatric center and waiting -list of -persons -requiring
admission to their facility. Should they fail to expand the facility to
accomodate this need, many individuals may have no choice but to seek health care
in other communities.
The Fayetteville City Hospital would like to propose a 24 bed addition to the
south geriactric wing and to expand the dining & day rooms to correct a
deficiency from the office of long term care. The only available space large
enough for this size addition is on the south side of the block. But to build in
this area they must have a variance from the setback requirements along South
Street and West Street. Since the right-of-ways on both these streets extend
several feet beyond the sidewalks, visibility at the intersection of the two
streets would not be impaired, and the grass spaces remaining between the new
structure and the sidewalks would be attractively landscaped to provide a
pleasing appearance to their neighbors and any passing vehicles.
Mr. Dyer pointed out that the drawings that had been submitted were preliminary
and had not been to an architect. He added if the variance was granted a new
plat would be submitted to the Planning Office. Mr. Dyer also noted that several
members from the City Hospital Board were present at this meeting.
Tompkins advised he was interested in the parking in the preliminary plan. Mr.
is
�3
• Board of Adjustment
November 2, 1987
Page 2
Dyer noted that after the moritorium was lifted patients would be added at that
time and the plan at this point in time was for the additional parking to be
added a block north of the City Hospital which they owned.
Waldren noted that the Master Street Plan and the actual street had the required
60' of ROW with an extra 5' on West Street and extra 7-1/2' on South street.
Mr. Dyer advised the proposed addition would add approximately 12-15 jobs at the
City Hospital once completed and fully staffed.
Waldren asked if the variance was granted would the Hospital have a problem with
the motion being contingent upon the required amount of parking spaces.
Tompkins said in that this was a preliminary plat asked if they had looked at any
alternatives to the proposed plan. Mr. Dyer said he did not see any options to
any great difference than what had been proposed to the Board.
Mills asked what would be the problem if they took the addition and moved it
towards the hospital some and then back towards South Street. Mr. Dyer said they
might be able to take the two end rooms on West Street and place them further
back.
• In answer to a question from Tompkins, Mr. Dyer advised the building was in
conformance on west and south side.
Waldren asked
if the Hospital would have an objection to cutting the
slopes down
on the corners
and Mr. Dyer said he
would have no objection. He also
said if the
Board wanted
to make stipulations
as to what would improve visibily
or help the
aesthetics of
it the Hospital would
be open to any suggestions.
In answer to a question from Tompkins, Mr. Fink said the basement area would be
used for storage and there would be 2 exits from the basement. Mr. Fink also
noted the rock wall on the south would be removed completely and the ground would
be leveled from the building down. Allred asked if the wall on West Street would
be removed. Mr. Fink said they had not intended to, but that could be one of the
things they would be willing to do.
In answer to
a
question from
Tompkins, Carlisle advised there were no maximum
height limits
in
a P-1 zone.
David Druding said he lived across the street from the Hospital and was concerned
about the incinerator and felt. if the addition was approved that meant more
contagious materials to burn. He was concerned about the health and welfare of
his family. Waldren asked if Mr. Druding had spoke with the department of
polution control and Mr. Druding replied "yes" and they said they were real busy
right now and yes that would be something that they would be concerned about and
that probably
the EPA would be of more assistance
than the polution
control
• department.
Mr. Dyer
stated the Hospital did
hold an EPA permit
for the
incinerator and that they
had spent several thousand
dollars on the after
burner
/)4
• Board of Adjustment
November 2, 1987
Page 3
this summer to improve the operation of the incinerator.
Ann Littell
stated
she also lived across the street
from the Hospital and her
main concern
was the
green belt that existed there on
the west side now. She
said it was
a buffer
from an institution.
Becker said that someone mentioned this was the alternative in cost effective and
asked Mr. Dyer if they looked at going up. Mr. Dyer advised that the existing
structure could not withstand a second story. Becker asked about going up over
the parking lot and Mr. Dyer said they had not considered that idea. Becker
noted this was not a unique problem for hospitals in that they normally build up
rather than out. Becker felt the preliminary plan would have went down a little
smoother had they at least had some thought about the cost effectiveness or
dollar per dollar relationship by going up versus going out.
Chairman Mills closed the public hearing and returned discussion to the Board of
Adjustment members.
Becker
said
he
had
some
real problems with the variance.
He said
he had the
feeling
that
he
would
go
for tableing until some of the areas
could be
answered.
• Tompkins agreed with Becker and personally he did not see a hardship at this
point and he felt there were other ways of handling the. Hospitals problems.
Tompkins felt consideration had to be given to the surrounding area as well.
Waldren said he really did not have a problem with the variance because of the
Master Street plan, which indicated there was more ROW than actually needed. He
also felt the Hospital was not asking for a total 0' setback variance. Waldren
noted if the Hospital was willing to address the parking with that being
conditional upon granting the variance.
Allred
agreed with Waldren and
felt the visibility would be
improved
greatly on
both of
the existing corners.
Boyd also agreed with Waldren and felt the parking would be addressed in the
motion.
Mills said she had a problem granting a variance when the Board really did not
know what they were planning to do and what options there might be. She felt an
architect could come in and maybe work with what they have. She would also like
-to see more of a concrete plan rather than the preliminary plan.
I.(1iY_01J
Waldren moved to
grant the variance
on the condition that
the parking
requirements were met
and the visibility on
the corners is addressed
such as the
• retaining walls are
to be removed and the
gradual slope maintained,
seconded by
Boyd. The motion to
grant the variance as
stated passed 3-2-0, Boyd,
Waldren and
Allred voting "yes"
and Becker and Tompkins
voting "nay".
44
• Board of Adjustment
November 2, 1987
Page 4
1
1 :1' 1 1 1,1 1' 1: 1•
The second item of consideration was an appeal submitted by Greg House to appeal
the zoning Administrators decision. The property is zoned R-1, Low Density
Residential District. The appeal was because a permit had been denied to build a
house on the lot in question. The lot is a tandem lot situation and the lot has
no street frontage.
Mr. House said when he purchased this lot he had planned on improving Sequoyah
Drive as an access to the lot in question. He said that plan was presented to
Don Bunn the City Engineer and he said he did not want a City Street there
because of the steepness of the grade, so that idea was dropped. Later he
petition to close Sequoyah with the City Board and that was also denied because
they wanted to keep that ROW open for some possible future development. Then he
went on to petition to close a portion of the alley between lots 5 and 6 to make
it one contiguous lot and that also was denied by the City Board of Directors.
Mr. House said Jim McCord suggested to him that he petition the Board of
Adjustment to appeal Sandra Carlisle's decision to not issue a permit for a
tandem lot with the driveway going over the public ROW. He said the neighbors in
. the area were concerned over the potential development in the area and how his
building there may not be in conformity to the original plan for the subdivision.
Mr. House said his intention was to place the home on the south portion of the
lot within the normal setback requirements of the alley. He said the home would
be a modern structure and when viewed from Sequoyah or from Skyline or from
Lorrain it would be aesthetically pleasing to the neighborhood.
Chairman Mills advised the Board of Adjustment that they were here today either
to agree with the Planning Administrator or with Mr. House. She said it was not
a question of what they could do for him and that his request was only for this
Board to hear him and then possibly decide to overrule or to uphold the Planning
Administrators decision.
Boyd asked if Mr. House was going to throw lots 5 and 6 together and whoever
bought that house would get both lots. Mr. House replied "yes". Carlisle
advised that the lots were separated by public ROW. Boyd said then the issue was
whether or not the driveway could cross the alley.
David Randle stated he owned the property immediately west of Sequoyah Drive and
immediately east of Assembly and north of Skyline. Mr. Randle advised the Breezy
addition had been platted for a long time and that it was his contention that in
discussing the future development of this property whether by them jointly or by
realtors or whoever that the addition needed to maintain the prospective that
they originally planned for it to be. He said lot 6 was contiguous to Lorraine
and was not supposed to be developed with the relationship of Skyline. He said
if the house
faced
towards Skyline and the back towards
Lorraine
then
the whole
• apple cart had
been
upset. Mr. House said it was not
an issue
for
anyone but
himself as to
which
way he could place the house on
the lot.
He
said if he
Z
• Board of Adjustment
November 2, 1987
Page 5
wanted to turn the house sideways that would be his choice.
Bill Bracey owner of lot 4 in Breezy Heights said he was contacted on the back
end of this thing after Mr. House started tearing down trees and moving dirt.
Mr. Bracey said he agreed with Mr. House that he would not oppose the closing or
vacation of the alley way if Mr. House would execute a Bill of Assurance that lot
number 5 would not be developed and would be soley for access and Mr. House said
he would execute the Bill of Assurance, but then the City Board denied the
vacation. Mr. Bracey felt that Mr. House promised him that he would not build on
lot 5 and so he would ask whatever the Boards decision was that it clearly
preserve that promise to him.
Mr. Fred Hunt property owner in Breezy Heights stated he offered to pay Mr. House
what he had put into the lots to get him out, and he would not loose anything.
Carlisle said her reason for denying the building permit was because it was a
tandem lot and that meant Mr. House would have to appear before the Planning
Commission for a Conditional Use for a Tandem lot and that was the reason Mr.
House was appealing to this Board.
Chairman Mills closed the public hearing and returned discussion to the Board of
• Adjustment members.
Waldren felt Carlisle's decision was right because what the Board was looking at
was one lot behind another.
MOTION
Becker moved to uphold the Planning Administrators decision, seconded by Boyd.
The motion to uphold the Planning Administrators decision passed 4-1-0, Tompkins
voting "nay".
OTHER BUSINESS
Chairman Mills announced with the agenda there was a supplement with the Board of
Adjustment rules and procedures and regulations. Carlisle advised the new rules
that had been added were Roberts Rule and the Attendance. She advised the
attendance was adopted in 1976 when the Board of Directors adopted them. She
noted that those rules had never been added to the Board of Adjustments By -Laws
so the Planning Office had updated the new rules and procedures for the Board of
Adjsutment.
MOTION
Allred moved to accept item 14 of the By -Laws with the insertion of regularly
scheduled meeting, seconded by Tompkins. The motion to accept item 14 as stated
• passed unanimously.
There being no further business the meeting adjourned at 5:45 p.m.
nn