HomeMy WebLinkAbout1989-07-03 Minutes'111111 lI .I: :/ I111111'11113 I I:1 ICi: 1
A meeting of the Fayetteville Board of Adjustment was held on Monday July 3, 1989
at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain
Street, Fayetteville, Arkansas,
MEMBERS PRESENT: Don Mills, Dennis Becker, Larry Tompkins,
Gerald Boyd and Robert Davis
r.• I::1 :, I
OTHERS PRESENT: John Merrell, Becky Schmidt, Karl Thiel and John Lewis
The minutes of the
regular
meeting
on April
17, 1989 were approved as
distributed.
i
Chairman Mills announced that the appeal #BA89-5 by Clyde Iglinsky on this agenda
was withdrawn.
REQUEST FOR VARIANCE ON Building SETBACK - APPEAL OBA89-4
KARL THIEL & JOHN LEVIS - NW CORNER OF WEST AVE & DICKSON ST
The only request was a variance on the building setback submitted by Karl Thiel
• of Heckathorn Construction on behalf of John Lewis of the Bank of Fayetteville
for property located on the northwest corner of West -Avenue and Dickson Street
and zoned C-3, Central Business Commercial. Request was to reduce the setback
from the right-of-way of West Avenue from 50' to 38"
Karl Thiel of Heckathorn Construction stated that the Bank of Fayetteville is
proposing a branch bank at this location. The plan is to renovate an old caboose
and passenger car to make them into offices and a drive-thru facility. The
caboose will be closer to Dickson Street and the passenger car will be farther
back. He noted that he would like to review the four criteria that they look
at when deciding whether to grant a variance. The first one is whether a special
conditions exist and he feels that there are two conditions related to this:
1) If the railroad track is moved or any development or improvements made that
would block this track, the property would revert back to the original owner.
Therefore, they are limited by that railroad track on the west side so the
property is effectively narrowed down to about 80' of useable property that they
have to work with. The railroad cars in themselves have helped because they
are a narrow structure.
2) Because they are
proposing parking
along West Avenue,
in lieu
of a 5'
setback
which is acceptable
in C-3 zone, they
are required a 50'
setback
because
of the
parking there. They are approximately 30' from the right-of-way instead of 50'.
The 50' setback in his opinion allows people to build there parking lot between
their structure and the street without having direct access to the street. By
using the angled parking here, they will be able to narrow this down and still
• have a parking lot that is usable but does not have open access to the street.
They did explore the possibility of reversing the parking and the drive-thru
which would allow them to comply with the setback requirements. The problem with
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• Board of Adjustment
July 3, 1989
Page 2
that is the location of the drive-thru entrance and exit would be right at the
intersection of Dickson Street.
The second criteria on the application states that a literal interpretation of
the ordinance wouldn't deny them rights that are enjoyed by other properties in
this area. With the 80' useable width minus the 50' setback leaves approximately
30' to build with which greatly restricts the possibilities of any type of
structure that you can have on this property. The City staff's report says that
basically about the only other option for development of this property is for
a parking lot.
Mr. Boyd asked
how much parking
is required
for this project. Mr. Merrell
advised that one
space per 300' of
floor area
is required.
The third criteria is that the special conditions are not resulting from actions
of the applicant. The special condition here is the railroad and it is
particular to this property. The provisory clause is something that has gone
along with the property and been in effect for many years.
The fourth criteria is that this variance won't confer any special privileges.
They feel that there is no other property on Dickson Street that has quite this
• set of circumstances to deal with. Therefore, they feel that this would not be
a special privilege to the Bank of Fayetteville. Granting this variance would
allow the Bank of Fayetteville to once again put a new business in an old
business district and would be a valuable asset to the Dickson Street area. This
project also meets the goals of the Dickson Street Improvement District which
are to improve the looks of District Street and to encourage new business in that
area.
John Lewis stated that after a lot of study that they will be able to make the
cars work as a bank. One of the problems is on a commercial drive -up window,
how do they get to the teller so they designed a little foyer for an entrance
into the cars on either side. Then they will have tellers on an upper level and
a lower level.
Mr. Boyd stated that he likes the fact that is this is not a case where they are
trying to over use the property. If anything, the property is being under
utilized.
Mr. Tompkins stated that Dickson Street is very very busy. He stated that he
wondering what the traffic counts are on Dickson as opposed to West Avenue.
This ingress does create a problem as shown. Mr. Thiel stated that they looked
into that, but changing it would create a problem because they would be entering
at the building at the wrong side of the car. The driver's side would be on the
wrong side. The traffic flow should be better as it is proposed.
Mr. Tompkins asked for
clarification on the statement
that "no improvements can
• be made on the tracks".
the one set of tracks
Mr.
that
Thiel stated that they can't build over or next to
limit any egress on the other particular set of
tracks. They can't move the
track or obstruct use of
the track. Mr. Tompkins
• Board of Adjustment
July 3, 1989
Page 3
asked why they decided to flip the layout of this from their original plan that
was in the newspaper. Mr. Lewis stated that it was flipped because they wanted
the backup of the traffic to come in so that there wouldn't be cars backed up
on the street.
Mr. Lewis stated that they have studied the layout and they have obviously tried
to make it work the best for a bank, but they have also considered the
convenience of the customers.
Chairman Mills asked if they had considered backing the cars up and flip-flopped
the plan so that the people could come in off of West Avenue to the drive-thru
and exit on West Avenue. Mr. Lewis stated that they have looked at every
configuration and this seemed to be the best considering the backup and needing
the right side of the car at the teller's window.
Mr. Becker asked if there is a ball park figure for the number of drive-in cars
on a park and serve yourself as opposed to the drive-thru. Mr. Lewis stated that
he didn't know. He added that there is 140 businesses up and down Dickson Street
and a lot of it depends on how many of those businesses will do business here.
If this is purely student & faculty service accounts, then there will be 80%
service here but if it is business, it would be less than that.
. Mr. Becker stated that one of the benefits that he sees in this project as far
as traffic is that they can come out with a choice to go either direction.
Chairman Mills asked if a developer comes in with a plan for the section where
the depot is now, is there going to be adequate parking space for whateverlmight
be developed there. Mr. Lewis stated that it is a big piece of ground, but he
can't answer that. ^
Mr. Becker stated that if they look at the development of Dickson Street, then
there probably will be a "no left" there to regulate the traffic flow.
Mr. Merrell stated that the staff reviewed this and was concerned that there may
be traffic backing up into the intersection. There is really not a perfect
optimal way to lay it out, but the staff feels that what is being proposed if
about the best they can do.
Mr. Tompkins asked what would happen if the car was moved over to the 5' minimum
setback and the parking would be moved over. Mr. Lewis stated that they hadn't
checked into that. Mr. Thiel stated that they would no longer have the
separation between the parking and the drive-thru.
Mr. Boyd moved to approve this setback variance, seconded by Davis and followed
by discussion.
isMr. Tompkins stated that he had looked at the setback of all the other properties
along West Avenue and they are right to a 0' setback which is setting a
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• Board of Adjustment
July 3, 1989
Page 4
precedent. With this they are establishing a reasonable setback that this area
has never had before. He is not concerned that they are asking for a 25%
variance; he is only concerned with the idea that this runs with this particular
use. He added that he doesn't think this should be granted with the idea,that
this is for any use that comes in.
Mr. Becker stated that he thinks they are doing there best with this property
and Fayetteville is lucky to have this use here.
Chairman Mills stated that they don't own this land. She asked what the
difference is in granting a variance on a leased piece of property as opposed
to the owner requesting the variance. Mr. Merrell stated that he isn't sure
there is a difference, but he believes the Board does have the authority to grant
the variance. Chairman Mills advised that the Board of Adjustment rules state
that the owner of the land must request the variance. Mr. Becker noted they are
leasing this for forty years so they are the effective owners for forty so the
variance goes with the lease.
Chairman Mills stated that brings up the question: Does the variance go with
the land or with the lease? Actually the variance usually goes with thelland.
Mr. Merrell advised that the zoning ordinance is silent on who would need to
• constitute the applicant as to whether it necessarily needs to be the owner.
Mr. Merrell stated that they could amend the motion to.specify that the variance
is for this particular lease and this layout.
Mr. Boyd amended his motion to grant the variance for the duration of the lease
or any extension therefore for the project submitted ( this specific site plan)
to the Board, seconded by Davis. The motion passed 4-0-0.
Item O1:
Regarding the IBM Building on North College, John Merrell stated that according
to the traffic people for the City, the statement which says "The issuance of
this driveway permit does not supercede any requirement of the City which has
jurisdiction over the development of the property." was not on the original
permit. However, the Highway Department in response to a request for a copy of
the permit, furnished one with this statement on it. He advised that the
driveway has now been marked "ingress only". The traffic superintendent, Perry
Franklin, has stated that hopefully by the end of the summer, they will start
work on some of the changes to the stop light at Joyce Street and North College,
Mr. Becker stated that he appreciated the follow-up on this.
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• Board of Adjustment
July 3, 1989
Page 5
Item 02•
Chairman Mills stated that she would like to discuss the handling of the Wade
Bishop variance request by the Board of Directors. She stated that she will give
the details as she knows them. The request was submitted to someone (possibly
the City Clerk). Her understanding is that the request for this to appear before
the Board was submitted by Jim McCord. She added that there wasn't any evidence
that the Board of Adjustment's decision on this variance was ever commented on.
The suit was filed against the City of Fayetteville, not the Board of Adjustment.
Therefore, when the attorney for Wade Bishop requested a settlement for Mr.
Bishop in giving the City $500.00, the City has every right to accept or deny
the settlement. As she understands it, Mr. Bishop is going to give $500.00 to
the City for Parks and Recreation. Now he can leave his house as is and has
settled with the City for $500.00.
Mr. Tompkins stated that the house is still in violation.
Mr. Davis stated that there was no one there to speak up and inform them that
this has been in front of the Board of Adjustment twice and denied.
Chairman Mills advised that the City, according to Jim McCord, has every right
• to reverse the Board of Adjustment decisions. Mr. Tompkins stated that isn't
true.
Chairman Mills stated that she is concerned because the Board of Adjustment
didn't have an opportunity to explain why this appeal was denied. She stated
that she was asked by one of the Board of Directors to come to a Board meeting
and explain all of this. However, at that time, she didn't feel comfortable
picking up the banner and running with it before the Board of Adjustment had
discussed it. Mr. Tompkins advised that they meet with the Mayor and explain
their concern.
Chairman Mills advised that the suit was filed, but it never got to Court. They
came to the Board of Directors first for settlement. She noted that the only
time they can meet with the Board is at an agenda meeting on Wednesday morning
or at the open meeting at night and that wouldn't give them much time. She would
like to schedule a meeting with the Mayor and any Board members that could be
persuaded to attend at the next regular meeting of the Board of Adjustment to
come and talk with them about their concerns on enforcement and procedure.
Mr. Merrell stated that they are planning to set up the first workshop on the
Unified Development Ordinance which includes zoning around the first of August.
Item 03-
Mr. Merrell stated that the sign that Dr. Boyd Harris on Green Acres Road had
• asked for a variance and was denied has been moved and he is in compliance now.
There being no more business, the meeting was adjourned.
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