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HomeMy WebLinkAbout1990-05-07 MinutesA meeting of the Fayetteville Board of Adjustment was held on Monday, May 7, 1990, 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, Robert Davis and Dee Wright MEMBERS ABSENT: Robert Waldren OTHERS PRESENT: Becky Bryant, Blaine Cattaneo, John Merrell, Freeman Wood, George Faucette and Jeff Roberts The minutes of the regular meeting on April 23, 1990 were approved as distributed. APPEAL NO. BA90-8 - APPEAL. OF AN ADMINISTRATIVE DECISION JEFF ROBERTS - 2000 N CROSSOVER ROAD • The second item on the agenda was Appeal No. BA90-8, submitted by Jeff Roberts for property located at 2000 North Crossover Road and zoned.C-L,.Neighborhood. Commercial. The application was to appeal an administrative decision of the Planning Administrator, Jeff Roberts stated that he has operated Crossover Pet Products located at 2000 North Crossover Road since September of 1989. He noted that he sells strictly pet products and cannot sell pets in that particular zoning district according to the zoning ordinance. He stated that there was the question whether or not a fish would be considered a pet. He advised that he is looking for a way to find some lenience from the ordinance to expand upon his business with some source of specialization. He added that he would like to add aquaria to his business because it would enhance his business potential a great deal, but he doesn't wish to sell pets or live animals. However, the staff has concluded that a fish is indeed a pet. Robert Davis stated that the intersection of Highway 45 and Highway 265 has grown into thirteen businesses in the last few years. Most of these businesses are not neighborhood convenience; they have largely out-of-town and transient customers. He noted that the whole intersection should be looked at as far as zoning classification. Becky Bryant, Associate Planner, stated that Mr. Roberts was advised of his option to rezone the property. IsMr. Merrell stated that the fact that this is an intersection of two arterial streets with a lot of traffic and heavy business activity is a good argument for a change to C-2 zoning. He added that his preference would be to redesignate the zoning of this intersection when the new zoning mapping for the entire city is conducted later this year. However, if the owner of the property wanted to loo • Board of Adjustment May 7, 1990 Page 2 file a C-2 rezoning petition, it would be processed at that time. He further stated that it is very important that the commercial development be concentrated in the area of the intersection and not up and down Crossover Road. Chairman Mills noted that the question at hand is whether or not this Board agrees with the staff's decision that fish are pets. Mr. Boyd advised that, in Article 10, the Code states that under no circumstances should this Board grant a variance to allow a use not permissible in the zoning district. Therefore, the only issue is whether a fish is a pet. In answer to a question from Ms. Wright, Mr. Merrell stated that both the Wal- Mart stores are zoned C-2. In answer to a question from Ms. Bryant, Mr. Roberts stated that he isn't interested in selling birds. Mr. Tompkins stated that the intent of the C-1 district is for convenience to those people living in the neighborhood area. Given that, he thinks that it is the selling activity that is the basic issue. If they determine that selling pets is appropriate in Use Unit 15 ( a use by right in C-1), then it would not be appropriate in Use Unit 16 ( a use by right in C-2). • Mr. Roberts asked who clarifies the interpretation of the.. ordinance. Chairman Mills stated that it is up to the staff to interpret it. Mr. Tompkins reiterated that the selling activity is the issue; pets are not a normal neighborhood commodity. Mr. Roberts clarified that it wouldn't be illegal for him to have fish in his shop as long as he doesn't sell them. Mr. Tompkins answered, yes. In answer to a question from Mr. Merrell, Mr. Roberts stated that, as he understands it, the owner of the property had applied for a C-2 zoning for this property previously but was denied. MOTION Mr. Tompkins moved to uphold the interpretation of the staff that a fish is a pet, seconded by Boyd. The motion passed 5-0-0. Chairman Mills advised that the planning administrator's interpretation has been upheld. Mr. Merrell suggested that Mr. Roberts to set up an appointment with Becky Bryant in the near future to discuss the zoning issue. APPEAL NO BA90-9 - REQUEST TO VARY THE BUILDING SETBACKS GEORGE FAUCETfE - 3208 WROXTON • The second item on the agenda was an appeal to vary the building setbacks submitted by George Faucette on behalf of Kathleen Blair for property located u • Board of Adjustment May 7, 1990 Page 3 at 3208 Wroxton (Lot 22, Block 9 of Huntingdon Subdivision) and zoned R-1, Low Density Residential. George Faucette stated that he would like to request that this item be tabled to allow him an opportunity to discuss the staff's recommendations with John Merrell, Planning Management Director, before it is voted on. Mr. Tompkins advised that he didn't understand why Mr. Faucette would need time for a discussion with the staff, because the Board of Adjustment would be making the decision. Mr. Merrell stated that Mr. Faucette had commented before the meeting that he would like the opportunity to discuss this with the staff. However, it is the Board's decision as to whether or not they want to table it. Mr. Tompkins noted that Mr. Faucette could withdraw his request, if he didn't want it voted on at this meeting. Mr. Faucette withdrew his request. Chairman Mills advised the audience that, if this item is resubmitted, they will • be notified again. Mr. Merrell advised that he doesn't know of any time limit proviso in the code to resubmit a variance that is withdrawn. He added that there is an encroachment into the setback on the rear yard and one side yard at this address. Itempmdtl:ERC PROPERTIESOF BOARD OF ADJUSTMENT DECISION ON SETRALT _,_,T_, , L J Chairman Mills advised that Jerry Rose, City Attorney, has notified her that the Attorney for ERC Properties has asked that the City consider an out -of -court settlement of $3,500. Mr. Rose would like to know what this Board would recommend. MOTION Mr. Tompkins moved not to recommend a settlement out of court, seconded by Davis. The motion passed 4-1-0 with Becker, Davis, Tompkins & Wright voting "yes" and Boyd voting "no". Item U2: 3208 WRO%TON SETBACK VARIANCE • Chairman Mills requested that, if the appeal submitted by George Faucette for 3208 Wroxton is resubmitted, they provide a survey which states that the setbacks shown are from the overhang of the building. Mr. Becker noted that all the stairs and decks also need to be shown on the survey. 1qq • Board of Adjustment May 7, 1990 Page 4 Item #3: MEETING REGARDING LOGO INFOR14ATIONAL SIGNS & MCDONALD'S SIGN "Mi REHEARING Mr. Merrell stated that he and Dee Wright were in attendance at a meeting at the Springdale Chamber of Commerce on Friday regarding the idea of informational logo signs. He advised that it looks like the next step will be for the group of supporters to contact Congressman Hammerschmidt and Senators Bumpers and Pryor. He noted that Senator David Malone is taking the lead in making those contacts. He added that the staff will give the Board of Sign Appeals another report at the next meeting. Ms. Wright stated that she has contacted the State Highway Department and they are very supportive of the idea. Becky Bryant advised that this is an even more important issue because McDonald's wants to come back for a rehearing of their sign appeal which was denied. Chairman Mills advised that the consensus of the Board of Sign Appeals has been that they will rehear an appeal if new relevant information is submitted. Mr. Tompkins requested an interpretation of what enforcement can be done on the • signs that were allowed up by error, such as the Braum's sign or those that are non -conforming. Mr. Merrell noted that the staff will discuss this with Jerry Rose, City Attorney. Freeman Wood stated that the Braum's sign has a permit, but it was issued in error. There being no further business, the meeting was adjourned. • ME