HomeMy WebLinkAbout1989-08-07 Minutes0 MINUTES OF THE BOARD OF ADJUSTMENTMEETING
A meeting of the Fayetteville Board of Adjustment was held on Monday August 7,
1989, at 3:45 p.m. in Room Ill of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Don Mills, Dennis Becker, Larry Tompkins,
Gerald Boyd, Dee Wright, and Robert Davis
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The minutes of the regular meeting on July 3, 1989 will be approved at the
next regular meeting.
BA89-6 - PACKAGING SPECIALTIES - Request to Vary Building Setback
Chester Dean & Jay Berryman - 1663 Armstrong Avenue
The only item on the agenda was a setback variance submitted by Jay Berryman on
behalf of Packaging Specialties located at 1663 Armstrong Avenue and zoned I-2,
General Industrial.
• Mr. Berryman stated that he is the General Manager of .Packaging Specialties.
The city has a sewer easement adjacent to the property and two years ago they
installed a new sewer line and missed their easement. This was discovered while
trying to build a new addition to the property. Since they were short on
property within the current building guidelines, they have asked for an
adjustment to be able to build on the back part of the property. This will
encroach on the 25 foot setback shown on the drawings. He would like to be
able to use the property.
Dennis Becker stated that he would be abstaining.
Gerald Boyd asked where the sewer easement is located. Mr. Berryman stated that
it runs across the property and they have lost 14 to 15 feet that they can't
build on which takes about 3,000 square feet away. He added that they were not
able to build adjacent to the easement and had to discontinue building and redo
the whole construction program.
Larry Tompkins asked why was a 7' sewer required. Mr. Berryman explained
that 7 feet is needed to get construction into it.
Mr. Boyd asked what was on top of the posts on the south side and Mr. Berryman
explained that it was where Swepco is bringing new power in but it is not
involved in this appeal. Mr. Tompkins asked if drainage creates a problem. Mr.
Berryman said it would not because all the shed will be taken to the front of
the building.
Is Mr. Davis stated that this variance in no way infringes on either the oil
distributor or the construction company or causes them any hardship.
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• Board of Adjustment
August 7, 1989
Page 2
Mr. Boyd asked if anything explosive was involved. Mr. Berryman explained that
Packaging Specialties has plastic film and prints logos for wrapping commercial
products. This process is flammable, but not explosive.
Freeman Wood sitting in for John Merrell stated that in order for this to be
built according to building code regulations and depending on whether the shed
will be a wooden structure or all metal, a Type 5 construction would have to
have a two-hour rated wall to protect the property on the other side.
A Type 4 has to have a one hour rated wall. One hour rated is 5/8 fireguard
sheetrock.
Mr.
Tompkins asked if the expansion of the
industry will impact the
parking.
Mr.
Berryman said there is space for 64 or
68 parking spaces which
is beyond
the
requirements for parking.
Mr. Tompkins asked if Mr. Berryman had looked for any alternatives of building
within the 25 foot setback. Mr. Berryman said that SWEPCO is bringing more power
in an area that limited them. They also have a lot of expensive air -handling
equipment. The front section is the office and this area is dedicated to any
office expansion. Bulk storage tanks, dumpsters, and parking limit expansion
• areas.
Chairman Mills asked if the addition would be separated by metal walls. Mr.
Berryman said that most of the addition would open up into the plant, but they
would have to compartmentalize within the fire code restrictions. The interior
petitions may change.
MOTION
Mr. Davis moved
to grant this variance, seconded by
Boyd and
followed by
discussion.
Mr. Tompkins stated that the landscaping, parking, etc. add to the intent of the
industrial park and there is enough space that with some adjustments in design
the encroachment of 25 feet would not be needed. Dee Wright stated this is
partially the City's fault. The motion passed 3-1-1 with Boyd, Wright and Davis
voting "yes", Tompkins voting "no" and Becker "abstaining".
OTHER BUSINESS:
ITEM #1:
Regarding the letter to the Board of Directors that was sent to each member for
review, Chairman Mills stated that the Mayor will be at the next scheduled
meeting. Mr. Davis had some changes and Mr.Tompkins had some suggestions.
• Chairman Mills requested that a couple of the members work on the letter so that
it could be mailed. Mr.
Tompkins
suggested
that
the first sentence read that
"the Board of Adjustment
serves the
community
as a
discretionary administrative
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• Board of Adjustment
August 7, 1989
Page 3
body or quasi judiciary body" instead of a judiciary body. He added as a quasi
judiciary body, they are ruling on building land and structure permits rather
than a request. It is a permit to vary an exception from the zoning ordinance.
Chairman Mills stated that she is concerned with the adherence to zoning
ordinances and hearing the exceptions to it. She added that this Board is not
dealing with land use - only with buildings. Mr. Tompkins and Mr. Davis agreed
to write this letter to be sent to each City Director.
Chairman Mills advised that the City Directors are going to attend the next
meeting to discuss the concern for the settlement out of court on the Wade Bishop
item.
Chairman Mills announced a meeting from 3:00-6:00 in Room 326 on August 8, 1989
set up to look at the Unified Development Plan with Al Raby, Planning Consultant.
The Board elected Don Mills as chairman for another term.
There being no further business, the meeting was adjourned.
•
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