HomeMy WebLinkAbout1990-10-01 Minutes• MINUTES OF THE BOARD OF ADJUSTMENT
A meeting of the Fayetteville Board of Adjustment was held on Monday, October 1,
1990, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Don Mills, Larry Tompkins, Dennis Becker, Gerald Boyd, Robert
Davis, and Robert Waldren
MEMBERS ABSENT: Dee Wright
OTHERS PRESENT: Becky Bryant, Elaine Cattaneo, Ken Shireman, and Mary Hinton
APPEAL NO. BA90-18 - REQUEST FOR A VARIANCE FROM THE BUILDING SETBACK
GEORGE•S MAGESTIC LOUNGE - 519 WEST DICKSON STREET
The only item was Appeal No. BA90-18 for a request for a variance from the
building setback submitted by Ken Shireman on behalf of George's Magestic Lounge
for property located at 519 West Dickson Street. The property is zoned C-3,
Central Business Commercial.
Ken Shireman, Architect, advised that he is representing George's Magestic
Lounge. He noted that the owner of the property, Mary Hinton, is present. He
added that, with the addition of the Arts Center in Fayetteville, the City is
encouraging development on Dickson Street. The owner of George's has made a
commitment to an expansion and an upgrading of the entire facility. There was
an outdoor covered deck added on the back of the property this year. In the
proposed addition, they want to upgrade the toilet facilities with access for the
handicapped. He advised that this is located in the original town plat of
Fayetteville. Most of the buildings along Dickson Street are built to the side
property lines. They are requesting to be allowed to expand to the west. The
• setback requirement is 50' on the west side because there is parking between the
building and the street right-of-way of Gregg Street. This street dead ends into
the SWEPCO yard. They are proposing a 37110" setback. He stated that they
have discussed this with the owners of the adjoining property owners and haven't
gotten any negative feedback whatsoever. The railroad right-of-way borders the
property on the east side of the property. With this expansion, they want to
add exits for a total of three exits out of the building in case of fire and
emergency. They feel that this is a reasonable request.
Mr. Davis stated that, as far as he is concerned, Gregg Street is just an alley
at this location. Becky Bryant, Associate Planner, advised that it is a
platted, unpaved street. Whether or not it will ever be extended is hard to
say. However, it is a platted street and the ordinance requires a 50' setback
in this zoning if there is parking between the street and the building.
Chairman Mills noted that they are going to lose about 16 parking spaces with the
addition. She asked it that would detract from what the Dickson Street Group
is counting on for parking. Mr. Shireman stated that they have discussed this
with the City Planning staff, and there doesn't seem to be a problem.
In answer to a question from Mr. Tompkins, Ms. Bryant stated that the parking
requirement is 34 parking spaces(there are 30 shown). She added that John
Merrell, Planning Management Director, has talked with Mr. Shireman about this
and concluded that 30 parking spaces would be adequate. His reasons for this
were the fact that there will be a reduced parking demand in cold weather months,
the Arts Center Parking lot being adjacent to this, and the willingness of John
Lewis(the owner of the property across Dickson Street) to allow his parking lot
to be used by George's customers. Mr. Shireman advised that they can put two
compact car parking spaces on the south end for a total of 30 spaces.
• Chairman Mills asked if they had considered using their existing garden for
parking. Mr. Shireman stated that they haven't considered that, because the
garden is such an intricate part of George's. There have been some complaints
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October 1, 1990
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recently about the noise ordinance, and they have gone to great lengths to stay
in strict compliance with the ordinance. They feel that, by providing the
wraparound enclosure, they will minimize the noise. Also, there is a lot of
revenue generated in the beer garden.
In answer to a question from Mr. Tompkins, Ms. Bryant stated that the Master
Street Plan doesn't show Gregg extending in this location. It is shown slightly
to the west of where it is now.
Chairman Mills stated that she looked at it and didn't see how Gregg could be
extended. At the dead end into SWEPCO, the railroad track begins to veer to the
west. And, there are businesses that seem to come across the width of those
streets from Gregg over to University.
Ms. Bryant stated that there have been lots of different routes proposed for
extending Gregg. The latest one discussed is not the one that is on the Master
Street Plan.
In answer to a question from Mr. Tompkins, Ms. Bryant stated that the area around
the square is basically all the C-4 zoning. The setback in C-4 is 5'. from the
street right-of-way. In C-3 the setback from the street right-of-way is 5' if
there isn't parking located between the street and the building.
Richard Shewmaker, employee of the City and a resident next door to this property
in the old Polk building, stated that he has no objections to it all.
There being no one else wanting to speak, the public hearing was closed.
• Mr. Tompkins stated that he has a problem with the reduction of the parking
spaces and feels they should adhere to the requirement.
Mr. Becker stated that from a technical standpoint, a certain percentage of the
parking lot could be developed in compact car parking spaces.
Mr. Shireman advised that they are within 3 or 4 cars of being in compliance of
the parking requirement and felt that it would be a poor tradeoff to dig the area
up and cut into the trees just for three or four spaces. The other thing that
should be considered is that George's parking is only used after 5 p.m. This
parking lot is used all day long by the general public although it isn't a public
lot.
Mr. Davis stated that he has a negative feeling about considering Gregg as a
street when it isn't really a street.
Chairman Mills stated that she had first thought they should request a vacation
of that portion of Gregg Avenue, but the businesses in the rear have to have
access.
Mr. Tompkins stated that there is a possibility of Gregg Street being extended
at some point in the future.
Mr. Waldren stated that he doesn't see what would be gained by extended the
street. Closing the street isn't logical, but they need to consider this
variance from the standpoint that the street is never going anywhere else. In
that case, logic says the setback isn't needed.
Mr. Becker stated that he thinks there is a valid point about the parking. If
isit was not between the building and the street, there would only be a 5' setback.
From a practical difficulty, there is an argument for the variance coupled with
the Dickson Street Improvements so he thinks it is a valid approach. He is in
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October 1, 1990
Page 3
favor of it.
MOTION
Mr. Boyd moved to approve the variance, seconded by Davis. The motion passed 4-
1-0 with Becker, Waldren, Boyd, and Davis voting "yes" and Tompkins voting "no".
There was no further business.
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