HomeMy WebLinkAbout1988-01-04 Minutes140
Y.I:LY amI:i:y
A meeting of the Fayetteville Board of Adjustment was held on. Monday, January 4,
1988 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, Dennis Becker and
Larry Tompkins
MEMBERS ABSENT: Gerald Boyd
OTHERS PRESENT: William Bassett, George Faucette Jr., Dayton Steelman and
Tessi Franzmeier
The minutes of the November 2, 1987 meeting and the December 7, 1987 meeting„were
approved as distributed
APPEAL NO. 87-27 - VARIANCE IN THE SETBACK REQUIREMENT
WILLIAM BASSETT - NORTH OF ROCK AND WEST OF WASHINGPON
The first item of consideration was a request for a variance in the required
setbacks submitted by Mr. William Bassett and represented by George Faucette Jr.,
for property located north of Rock and west of Washington. Request was to vary
the required setback on the north from 25' to 6' and on the west from the
required 25' to 0'. Property zoned R-0, Residential Office with an intended use
of a Parking Lot.
George Faucette stated the property in question was being used for parking on a
non pay basis for a period of time shortly after the Federal Building was
constructed. He noted a lot of the construction rubble from the Federal Building
went to the property in question. Mr. Faucette advised someone had recently
contracted to have parking in the area in question. He said in order to satisfy
the City's requirement on the parking lot was that they could not back out into
the street and generally speaking the lot could only have one ingress/egress
point. Mr. Faucette noted the narrowness of the site had created the problem
which was now before the Board of Adjustment members.
Larry Tompkins said he was interested in the safety of the parking lot such as
the soil mechanics. He said the lot seemed very close to some playground
equipment and residential area to the east and asked if the lot was stable.'; Mr.
Bassett replied "yes" the lot was stable and there had not been a rock or bolder
fall in years and years and years. Tompkins asked what the Master Street Plan
called for on County Ave. and Clerk Franzmeier replied the Master Street plan
showed County Ave. to be a local street at a 50' ROW. Mr. Faucette added that
the property had been recently rezoned and the street issue had not come up or
anything about taking additional street ROW. Mr. Bassett added that County Ave.
�D
• Board of Adjustment
January 4, 1988
Page 2
did not even go to within 7' of the property line. Mr. Bassett said when he
started filling he had to fill in a ditch from the edge of the blacktop over to
his property line so that it would be passable. Tompkins felt the additional ROW
was important because of the new jail and whatever else goes in that area.
Tompkins asked if the Master Street plan had been thrown out. Mr. Bassett noted
that the City had planned to go behind the jail clear on over to Rock Street then
down to Washington. Mr. Facuette noted that County Ave. could. not be widened to
the west because the American legion building was there and the jail. Tompkins
asked if there were any plans to widen County Ave. and Franzmeier noted that the
Master Street Plan indicated a 50' ROW, but in actuality the plat showed a 20'
ROW in existence.
Allred asked if the parking lot would have a hard surface and Mr. Faucette
replied hard surfacing was part of the City's requirement. Faucette noted any
lot that contained more than 6 spaces had to be hard surfaced. Allred asked what
type of provisions had been made for the drainage problem after the hard
surfacing was completed. Mr. Bassett advised at the present time the drainage
drained into the street system. Mr. Faucette also noted that the City had
control over the drainage as well. Allred asked if the parking lot had been
engineered. Mr. Faucette asked as to what and allred said for the parking lot
and drainage problem. Mr. Bassett said the drainage was obvious and all someone
had to do was walk down there and look to see where the water was going and felt •
a survey or engineer was not necessary. Mr. Faucette advised the surfacing,
drainage and engineering had to meet the City's specs and that the City Engineer
had to give his approval on the parking lot.
Mills asked what the Bill of Assurance covered as to what Mr. Bassett would do
other than the drainage. Mr. Bassett advised the Bill of Assurance covered the
stabilization of the bank. He added that he spoke with the State and they
recommended planting lob lollar pines, which he had already ordered and paid for.
Mr. Bassett said the State also suggested the pines not be planted until the end
of February. Mr. Bassett also noted all drainage would go down the south
property line.
Tompkins asked what the relationship was for requirements between a parking lot
in a residential area in terms of lighting. Mr. Bassett replied the lot would
not be lit and would be used in the day light hours only.
Mills felt the concern of the people who lived around the proposed parking lot
was the drainage situation. Mr. Bassett said the drainage situation would be
taken care of under Mr. Don Bunns' area as the City Engineer. Mills said her
understanding was that the sewer system did not handle the problem that well.
Mr. Bassett said the problem with the one neighbor who was so avid with anger was
mad because the water came from College Avenue, down Court Street, across Mr.
Goffs parking lot and into his basement.
• Tompkins said once this Board got into parking they were into land use planning.
He said when they start that they were talking about the provision of parking for
this commercial area along College Avenue. He said they need parking for
• Board of Adjustment
January 4, 1988
Page 3
commerce along College Avenue from the County Court house and the land that was
between that extension and the existing businesses. Mr. Bassett said there
would be no reason for commerce along County Avenue because the terrain would be
murder.
Allred felt the proposed parking lot would be the only logical use for that
property especially with the new detention facility and the additional need for
more parking.
Tompkins asked for his information only, if anyone asked or raised the question
as to vacating or closing County Avenue. Mr. Faucette said that had not been
mentioned at the Board of Directors meeting or the Planning Commission meeting.
Chairman Mills closed the public hearing and returned discussion to the Board of
Adjustment members.
Waldren asked the Clerk if all neighbors had been notified and Franzmeier replied
all adjoining property owners had been notified.
i.UIYOR
• Allred moved to grant the variance as requested.
. 5�U GI . 1/ 6.
Waldren moved to grant the variance for parking only and at any time the property
was put to any other use the variance would revert back to the required setbacks,
seconded by Tompkins. The motion to grant the variance as stated passed 4-0-0.
Tompkins felt the use would be a legitimate use considering the intent of the
zoning ordinance. He had not seen a downtown plan for downtown and wanted to go
on record to see a plan for downtown which would ultimately help the Board of
Adjusment make more and more decisions as the area becomes more and more
developed. He said the City needed to have a parking plan downtown and to have
some policies that would relate the intended use of parking in the future.
APPEAL NO. 87-28 - VARIANCE IN THE REQUIRED SETBACK
DAYTON STEELMAN - 329 OAKWOOD
The second item of consideration was a request submitted by Dayton Steelman to
vary the required setbacks from the required 8' on the south to 2' and the
required 8' on the west to 2'. Property zoned R-1, Low Density Residential
District.
Mr. Dayton Steelman advised he would like to construct a new garage on his
property. He said when the property was originally purchased by Dr. McAlister he
moved
the house
to the
rear of the lot and towards
the
southern
end
of the lot he
• put a
carport
that was
nonfunctional. Mr. Dayton
was
proposing
to
build a 2 car
garage
as shown
on the
plan at the southwest corner
of
the lot.
He
said the turn
�g�—
• Board of Adjustment
January 4, 1988
Page 4
in from Oakwood on the north side of the property was a shared driveway that was
wider than the alley. Mr. Steelman noted years ago Dr. McAlister and Dr.
Mitchell who established the property in 1953 poured an asphalt drive from
Oakwood back to the rear of their property.
Allred asked if any other alternatives had been looked at for the proposed
garage. Mr. Steelman said the only other alternative was to move the proposed
garage around on the south side along the south border. He said in doing that he
would have to asphalt back further into the City owned property. Allred asked if
a driveway off Hillcrest could be an alternative and Mr. Steelman said that would
be impossible in that the house was sitting on the very topographical point of
the mountain which sloped in every direction and was very steepily downward.
Mr. Steelman also noted there was a swimming pool between the carport and
Hillcrest.
In answer to a question from Waldren, Mr. Steelman said as a second step which
would require a building permit was to enclose the old carport and make that into
a childrens playroom.
Waldren asked Mr. Steelman if he was trying to say because of the slope of the
land and particularly on the south side of the garage that he would have to build
• the foundation up and bring in fill and Mr. Steelman advised that was correct.
Tompkins asked what the total coverage would be on the land with the enclosing of
the carport for a playpen which would be an extention of the residential unit.
Mr. Steelman said he did not have those figures at this time.
Allred asked if .excavation could be done on the north side where the proposed
garage would be and fill on the south side for a level spot. Mr. Steelman said
according to Jay Berryman who was an Architect said the plan that he presented to
the Board of Adjustment was about the best plan that could be done.
Tompkins asked what the status was on the alley. Mr. Steelman said as he
understood the alley had been closed by Dr. McAlister and Dr. Mitchell in the
late 1950's. He said at that time Dr. McAlister and Dr. Mitchell had poured the
shared driveway all the way back to the end of their property.
Allred asked if the adjoining property owners had been notified on this appeal
and Franzmeier replied "yes" the adjoining property owners had been notified by
mail.
Mill asked if that was an alley or an easement through there. Franzmeier advised
that it was a platted alley and that she would have to research to find where it
had been closed or vacated.
Becker asked Mr. Steelman if he had spoke with the building department about this
• particular location for the proposed garage. Mr. Steelman replied "no". Becker
felt there may be some ordinance problems with the proposed layout. He said it
was a detached structure that came within 3' from the property line and that
r3
• Board of Adjustment
January 4, 1988
Page 5
could be a safety problem with the fire department and the other was it was
probably to close to the main house.
Mills said if the alley had been closed an additional 5' would have been deeded
to each of the property owners. Mr. Steelman said he had never saw the
additional 5' written in his legal documents. Mr. Steelman asked if the alley
was closed who would have a document. Franzmeier said if the alley hadlbeen
closed or vacated the City Clerk should have an ordinance on file closing the
alley.
Waldren felt there were several problems that needed to be addressed before a
decision could be made by the Board of Adjustment. He said one would be the
proof of the additional 5' from the alley and the other was the problem on the
south side of the proposed garage. Waldren said he would have a real problem
with the requested 2' on the south side of the proposed garage.
NOTION
Waldren moved to table this appeal for further information from the petitioner,
seconded by Becker. The motion to table passed 4-0-0.
• There being no further business the meeting adjourned at about 5:35 p.m.
•
M
SITRJECT
DATE
11
R.J. Kitchens - 2421 Robin Rd. (Appeal 87-1) setback variance
01-19-87
5>
Letter
Recommending required surveys for builders
01-19-87
77
Andrew
Bradt - 517 Rebecca (Appeal 87-2) setback variance
02-02-87
10
Stephen
L. Davis - 756 N. Washington (Appeal 87-3) setback variance
03-02-87
15
Mike Walker - 3186 Katherine (Appeal 87-5) setback variance
04-06-87
17
Greg House Lots 1 & 2, Block 8, Mountain view addition
06-20-87
25
Arlis Wages - 1039 E. Huntsville Rd. (Appeal 87-4) Bulk/area setbacks
05-04-87
28
Daniel
Koopman - 2140 Jonquil Rd. (Appeal 87-7) setback variance
05-04-87
31
Appeal
87-8, setback variance, immanuel baptist chirch 201 S. Duncan
05-18-87
35
Appeal
87-7, setback variance, daniel koopman, 2140 Jonquil Road
06-01-87
40
Appeal
87-9, setback variance, jim lindsey, 1628 cambridge
06-01-87
41
Appeal
87-10, setback variance, packaging specialties, 1663 Armstrong
06-15-87
43
Appeal
87-12, appeal to the zoning adminstrators decision, Harold Jones
07-06-87
47
Appeal
87-131 setback variance, logan and daphna chandle 2501 Countryway
07-06-87
49
Appeal
87-14, setback variance, Masood Khan, Mosque
08-03-87
55
Appeal
87-15, variance in setback, jim lindsey, paradise valley
08-17-87
58
Appeal
87-16, variance in setbacks, raymond jones, Fariland Addition
09-21-87
60
Appeal
87-17, vairance in setback, Jacob & carol Phillips 1114 Valley view 09-21-87
61
Appeal
87-19, setback variance, bulk and area, elton duncan 2400 salem rd. 09-21-87
63
Appeal
87-20, setback variance, james & Peggy Bell 1534 Terry
09-21-87
64
Appeal
87-21, wanda blevins, 16 S. West
09-21-87
64
Appeal
87-22, Bul$ and Area, John & Martha Taylor
09-21-87
67
Appeal
87-17, setback variance,jacob & Carol Phillips, 1114 Valley View
09-21-87
69
Appeal
87-23, setback variance, ken edwards 1138 N. Vandeventer
10-05-67
70
Appeal
87-21, setback variance, wanda blevins, 16 S. West.
10-05-87
73
Appeal
87-24, setback Variance, City Hospital - 221 S. School
11-2-87
,.76
Appeal
87-25, appealing zoning administrators decision, gregg house
11-2-87
y78
Appeal
87-26, variance in setback, Delno & Carol Allie 2071 Austin Dr.
12-7-87
80
Appeal
87-27, variance in the setback, William Bassett-N of Rock/W of Wash.1-4-88
82
Appeal
87-28, variance in setback, Dayton Steelman, 329 Oakwood
1-18-88
85
Appeal
87-28, variance in setback, Dayton Steelman, 3290 Oakwood
01-18-88
88
Appeal 88-1, variance in setback, Bryan McBryde, Mock & Lafayette
02-15-88
91
Appeal No. 88-2, variance in setback, Gilford Heckathorn, Lot 11, Parkers03-21-88
Plat of Valley View
94
Appeal
No. 88-4 Variance in the Setbacks Herbert A. Lewis, Jr., 327 N.
06-06-88
Washington
98
Appeal
88-5, Varience in the setback requirement, Alfred E. Einert,
908 N Vandeventer
06-20-88
101
Appeal
88-61 Setback Varience, Graham Shannon, Jr., 868 E Skyline Dr.
08-01-88
103
Appeal
88-71 16 S West Avenue, Wanda Belvins - Setback Varience
09-19-88
104
Appeal
88-8, Setback varience, Dr. Larry,& Deborah Tuttle, 4 Ranch Dr.
09-19-88
107
Appeal
88-71 16 S West Avenue, Wanda Belvins, Setback Varience
10-03-88
108
Appeal
88-81 Setback Varience, Dr. Larry & Deborah Tuttle, 4 Ranch Dr.
10-03-88
110
Appeal
88-9, Setback Varience, 305 N. Washington, Roger E. & Jessie S.
Koeppe.
10-17-88
112
Appeal
88-10, Variance of Bulk & Area Requirements, 1609 Carolyn Dr.
Rita J. Dillard
12-05-88
120
Appeal
88-12, 'Setback Varience, Joe & Mary --Ann Henrickson, 234
Oklahoma Way
12-19-88
�l
Appeal
88-11, Setback Varience, Kelly Hill, 2396 N College
12-19-88
PAGE
SUBJECT
DATE
125
BA89-2, Wade Bishop, 1S37 Thornhill
2-20-89
128
BA89-1, First Assembly of God, 550 E. 15th
2-20-89
BA89-2, Wade Bishop, 1537 Thornhill
4-3-89
.32
37
BA89-2 Rehearing, 1537 Thornhill
4-17-89
145
BA89-4, Karl Thiel $ John Lewis
7-3-89
ISO
BA89-6, Packaging Specialties, 1663 Armstrong
8-7-89
159
BA89-8, Don Ward, 20150 Huntsville Rd.
11-6-89
161
BA89-9, Dave Letsch, 313 IV. Dickson
11-6-89
165
BA89-9, Scott Lunsford, S13 N..Washington
12-18-89
171
BA90-1, John Watkins, 669 Cliffside Dr.
1-1S-90
175
BA90-2, ERC Properties, 40S2 Cambray Dr.
1-lS-90
179
BA90-2, ERC Properties, 4053 Cambray Dr.
2-5-90
182
BA90-3, Leslie Goodman,
2-19-90
183
Discussion of 2010
2-19-90
187
BA90-4, Clyde Iglinsky, 931 Shrewsbury
3-5-90
188
ERC Violation Discussion
3-5-90
190
Discussion of 2010
3-5-90
194
BA90-6, Mildred Gracian, 221 E. Lafayette
4-2-90
197
BA90-8, Jeff Roberts, 2000 N. Crossover
5-7-90
198
BA90-9, George Faucette, 3208 Wroxton
5-7-90
201
BA90-7. Kern Jackson, 23S Baxter Lu.
S-21-90
206
BA90-7, Kern Jackson, 235 Baxter Lh.
6-4-90
208
BA90-10, Floyd Harris
6-4-90
211
BA90-11 Through BA90-14, BMP Development, Fiesta Park
Ph. I
6-18-90
21S
BA90-15, Patricia O'Leary, 352 Rollston
7-16-90
219
BA90-12- DENNIS CAUDLE - 4559 WEDINGTON
8-20-90
212
BA90-18- GEORGR'S MAGESTIC LOUNGE - 519 WEST DICKSON
ST.
10-1-90
BA90-20- DAVID KERWIN - 1000 SOUTH COLLEGE AVE.
10-15-90
�24
27
BA90-21- Katherine Gay - 324 Sutton ST.
11-19-90
228
BA90-22 -JOE PAUL -668 GRAY AVE.
11-19-90
230
BA90-23- DENNIS HARPER - 1645 SOUTH SCHOOL AVE.
11-19-90
233
BA90-25- DAVE $ JUDY STEVENS - S OF CATO SPS, W OF 71
BYPASS
12-3-90
238
BA90-26- RICHARD PAKMER - 818 POLLARD AVE.
1-7-91
241
BA90-27- GEORGE FAUCETTE - W OF GREGG AVE, S OF DOUGLAS ST.
1-7-91
242
INFORMAL PRESENTATION BY RICHARD SHEWMAKER ABOUTPOLK
13UILLDING
1-7-91.
ON DICKSON ST.
0
:T"\' I I ' 4 1 0 1?
:1I r1
DATE APPLICANT NATURE OF VARIANCE
01-19-87 R.J. Kitchens
02-02-87 Andrew Bradt
03-02-87 Stephen L. Davis
04-06-87 Mike Walker
04-20-87 Greg House
05-04-87 Arlis Wages
05-04-87
Daniel Koopman
05-18-87
Immanuel Baptist
06-01-87
Daniel Koopman
06-01-87
Jim Lindsey
06-15-87
Pkging Specialties
06-15-87
Gary Thompson
07-06-87
Ronnie Teague
07-06-87
Logan Chandler
08-03-87
Haynes & Assoc.
08-17-87
Lindsey Const.
09-21-87
Raymond O.W. Jones
09-21-87
Jacob Phillips
09-21-87
Elton Duncan
09-21-87 James & Peggy Bell
09-21-87 Wanda Blevins
09-21-87 J.B. Taylor
10-05-87
Kenneth L. Edwards
10-05-87
Wanda Blevins
11-02-87
City Hospital
11-02-87
Greg House
12-07-87
Delno Allie
01-04-88
William Bassett
C1-04-88
Dayton Steelman
01-18-88
Dayton Steelman
02-15-88 C. Bryan McBr-/de
03-21-88 Gilford Heckathorn
06-06-88 H..A. Lewis
06-20-88 Alfred E. Einert
front & side setbacks
setback
rear setback
side setback
appeal of Planning Admin-
istrator's Interpretation
bulk/area requiresments &
setbacks
rear setback
front setback
rear setback
setback
setback
appeal of
Zoning Admin-
istrator's
decision
setbacks
setbacks
setbacks
setbacks
setbacks
bulk/area
Requirements
& setbacks
setbacks
setbacks
bulk/area
requirements &
parking
requirements
setbacks
setbacks
setbacks
appeal of
Zoning Admin-
istrator's
decision
setbacks
setbacks
setbacks
2 setbacks
setbacks
setbacks
setbacks
setbacks
BOARD
ACTION
Denied 3-0-1
Denied 4-0-1
Approved 3-2-0
Approved 4-1-0
Denied 4-1-0
Approved 4-0-0
Tabled 4-0-0
Denied 4-0-0
Denied 3-1-0
*Prop. Own. Ass.
Approved 5-1-0
*Prop. Own. Ass.
Denied 5-0-0
Approved 5-0-0
Approved 4-1-0,
Denied 2-3-0
Approved 3-1-0
Denied 4-0-0
APPEAL
TO
COURT
Denied 4-0-0
Denied 4-0-0
Tabled 4-0-0
Approved 3-1-0
to Plan. Comm.
Approved 3-0-0
Denied 1-2-0
Approved 3-2-0
Denied 4-1-0
Approved 5-0-0
Approved 4-0-0
Tabled
1 Approved/l Denied
3-1-0
Denied 4-0-1
Denied 4-0-0
Denied 2-3-0
Nonconforming/
variance not
necessary
* Not enforceable by City, the Bd of Adj. suggested Property Owner's Ass.
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i1 A
�E CITY OF FAYETTEVILLE, ARKANSAS
October 6, 1988
Robert H. Davis
2503 Sweetbriar Drive
Fayetteville, Arkansas 72703
Dear Mr. Davis:
SUZANNE McWETMY, CITY CLERK -.
Last month you applied for appointment to the Board of Adjustment. The City
Board made an appointment to this group at their October 4th meeting and I am
pleased to inform you that you were selected. You will fill an unexpired term
ending April 1, 1990.
Congratulations!
•
cc: Don Mills, Chairman
Board of Adjustment
John Merrell
Planning Director
•
Sincerely,
RI&tSuzanne McWethy
City Clerk
113 WEST MOUNTAIN 72701 S01575-R520
AP P L = CAT = ON FORM
For Appointments to City Boards, Commissions, and Committees
• * * * Please Print Or Type All Answers * * *
IE: Robert H. Davis / Betty
married, please give spouse's first name here)5
ADDRESS:
2503 Sweetbriar Drive
Residence Street Address
Fayetteville, AR 72703
City Zip Code
Same
Mailing Address
City Zip Code
TELEPHONE NUMBER: Home 442-2833
Business .......
OCCUPATION/ EMPLOYER NAME:
Retired
Board of Adjustment
rculation: 94
Terminate:
Appointed:
Term Expires:
Replaced:
REFERENCE: James Couoer
Name
2506 Sweetbriar Dr.
Address
Fayetteville, AR 72703
Phone
PLEASE PRINT
OR
TYPE HERE why you would
like
to be
considered
for appointment to
this committee,
and
what particular qualifications
you
feel
you have:
I am deeply interested in local government administration and the general
condition of the area.
I have had 22 years of executive level assignments with the Arabian American
Oil Co. x c . nc u .
1. Manpower & Organization Analysis
2. Methods, Oreanization and budgeton ro
3. Manager of Industrial and Employee Relations for Lebanon, Syria
and Western Saudi Ara=a
RETURN THIS APPLICATION to Suzanne McWethy in the City Clerk's Office (113 West
untain Street, Fayetteville, Arkansas 72701) by NO LATER THAN
o
you have any questions, call 575-8323.
TO BE ELIGIBLE TO SERVE ON A COMMITTEE YOU MUST BE A REGISTERED VOTER
RESIDING IN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE,