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Home My WebLink About1994-01-03 Minutes• A meeting of the 1994, at 3:45 p Mountain Street, MINUTES OF THE BOARD OF ADJUSTMENT AND THE BOARD OF SIGN APPEALS Fayetteville Board of Adjustment was held on Monday, January 3, m in Room 111 of the City Administration Building, 113 West Fayetteville, Arkansas. Members Present: Marion Orton, Gerald Boyd, Larry Perkins, Craig Rivaldo, Bob Blackston (arrived late) and Thad Hanna Lonnie Meadows Alett Little, Tim Conklin, Sharon Langley, Collier Pierce, Rita Dillard, Harry Gray, Jeff Maxwell and others Members Absent: Others Present: PROTOCOL 1 Mr. Perkins called the meeting to order and explained the format of the meeting. APPEAL NO. BA94-1- REQUEST FOR A VARIANCE FROM LOT WIDTH REQUIREMENTS COLLIER PIERCE - 629 LINDEL The first item was a request from Collier Pierce for a variance from the lot width • requirements as set out in Section 160.034(D)(1) on property located at 629 Lindel. The property is zoned R-3, High Density Residential. Mr. Conklin explained the site had 75.40 feet of lot width and contained 10,556 square feet. He noted the lot was located in an area that had developed with higher density residential development and advised the applicant park fees would be assessed at $180.00 per unit. He pointed out R-3 zoning requires 90 feet of lot width, 80 square feet of lot area, and 1,200 square feet of lot area per dwelling unit. He explained the applicant planned to build eight efficiency units and one two- bedroom unit. • He stated that, as a compromise, staff recommended approval of the requested variance subject to limiting development of the site to six two-bedroom units. He pointed out the site was zoned for high density residential development and granting of the variance for six units would allow for a higher density of development to serve the university population. In response to a question from Mr. Boyd, Mr. Pierce advised he planned on putting in eight efficiency units and one two-bedroom unit. Mr. William Oglesby, an adjoining property owner, stated he had no objection to the granting of the requested variance but was concerned regarding who was responsible for cleaning the adjoining alley. Mr. Pierce explained Mr. Oglesby was talking about a drainage ditch rather than an • alley. Mr. Little directed Mr. Oglesby to Randy Allen of the Street Department. 02/7 Board of Adjustment January 3, 1994 Page 2 Mr. Rivaldo asked if there were any other properties which were similar they could use as a precedent. Ms. Little advised there were none within the immediate area. She stated they did not normally have a lot width variance for multi -family housing. Mr. Hanna asked if the applicant would have available space for all required parking and building setbacks. Mr. Pierce assured him he did have adequate room. MOTION Mr. Boyd advised he had no objection to granting the variance provided the density remained at no more than requested by the applicant. He moved to grant the requested variance subject to the condition that it be developed with no more intensely than described in the application. Ms. Orton seconded the motion. The motion carried 5-0-0. 02/6 • Board of Adjustment January 3, 1994 Page 3 APPEAL NO. BA94-3 - REQUEST FOR A VARIANCE FROM LOT SIZE REGULATIONS RITA DILLARD - 1609 CAROLYN The next item was appeal No. BA94-3, a request for a variance from lot size regulations, presented by Harry Gray on behalf of Rita Dillard for property located at 1609 Carolyn. The property is zoned R-1, Low Density Residential. Mr. Conklin explained the request was to allow two 7,150.5 square foot lots where Section 160.031(D) required 8,000 square feet per lot. He further stated the applicant did plan to construct an additional house on the second lot. He noted that, if the variance was granted, each lot would have approximately 10% less than the required 8,000 square feet; however, all surrounding lots were approximately 20 to 25% larger in area He also explained that, if the variance were granted, the lot split would be forwarded to the Planning Commission for their decision. He recommended denial of the variance request noting that splitting the property into two lots would not provide a compatible lot size with the surrounding lots. Mr. Perkins pointed out that, if the lot was split, the new lot would be a corner lot, leaving a smaller building pad. Mr. Boyd stated there had been a previous request to split the subject lot sometime within the last five years. Mr. Harry Gray, representing Ms. Dillard, stated staff was well justified in their comments but the proposed lots were large enough to provide buildable areas. Mr. Boyd asked if there were any restrictive covenants prohibiting lot splits. Staff advised they were not aware of any. Ms. Dillard advised all she was asking for was a 10 foot lot variance and pointed out she could use the alley area. She explained she wanted to construct a very small house, approximately 1400 square feet. Mrs. Little advised the area referred to as an alley by Ms. Dillard was an easement which was on the adjoining owner's property. She also pointed out that normally a local street required a 50 foot right-of-way but Carolyn only had 40 feet. Ms. Dillard stated the house she wanted to construct did meet all of the setback requirements. Speaking in opposition to the variance were Webster and Donna Darling, 1602 Hope Road; James Modisett, 1759 Applebury; Pete and Margo Heinzelmenn, 1737 Applebury; and Helen Rice, 1601 Hope. The neighboring residents expressed concern that, if approved, the lots would be considerably smaller than theirs which would affect the value of the property in the neighborhood. • (Mr. Blackston arrived at the meeting. ) • • Board of Adjustment January 3, 1994 Page 4 Mr. Rivaldo, after reviewing the file of the previous request for a variance in order to obtain lot split, stated the Board had the same discussion at that meeting and most of the same residents were present to object to the variance. In response to a question from Mr. Perkins, Ms. Dillard explained she had requested the lot split in 1988 to enable her sister to construct a house on the property. She further stated she now wanted to construct a house for herself and allow her college age children to live in the existing house. She also contended she had the largest lot on Carolyn Drive at the present time. Mr. Rivaldo explained it was a matter of what the lot split would do to the value of property in the area, not just on Carolyn Street. Mr. Hanna advised his first instinct was usually for the property owner since they had invested their money for the land. He further stated they also needed to look at the other property owners in the area. He noted the purpose of a City was to try and take care of their citizens and, when a large number of area property owners showed up a meeting, he believed it was the Board's responsibility to look at the wishes of the majority. Ms. Orton pointed out the Board did have criteria set out that prohibited them from granting a privilege which others did not have. Mr. Boyd pointed out that, if they granted the variance, it would create two of the smallest lots in the area. Mr. Rivaldo stated he believed to grant the variance would reduce the quality of the area. MOTION Mr. Boyd moved to deny the request. Ms. Orton seconded the motion. The motion carried with Mr. Boyd, Ms. Orton, Mr. Perkins, Mr. Hanna, and Mr. Rivaldo voting "yes" and Mr. Blackston abstaining a2 r8 • • • Board of Adjustment January 3, 1994 Page 5 APPEAL NO. BA94-4 - REQUEST FOR VARIANCE FROM BULK & AREA REGULATIONS CLARY DEVELOPMENT - S OF JOYCE, W OF SHILOH DR. The next item was Appeal No. BA94-4, a request for a variance from bulk and area regulations (setbacks) submitted by Clary Development for property located on the south side of Joyce Street, west of Shiloh Drive. The property is zoned C-2, Thoroughfare Commercial. Mr. Conklin explained the applicant had requested a 12.5 foot setback (a 7.5 foot variance) on a site which is a part of the Spring Creek Center Large Scale Development Plan approved by the Planning Commission on February 2, 1993. He noted that, if the variance was approved, a 30 -foot landscaped area would remain between the rear setback and the edge of the parking lot to the south which was owned by National Home Center. He advised the applicant was willing to offer assurances that the back of the building, which faces south, would also be designed not to look like the back side of a commercial building. Mr. Conklin stated there was an existing 20 -foot utility easement along the south boundary line which had since been re -plated with the current subdivision. He further stated the easement would have to be vacated by the City Council prior to development of the site. He recommended approval of the variance request subject to the City Council vacating 7.5 feet of the utility easement shown on the plat titled "Spring Park Phase P" and recorded on February 12, 1992. He noted that, because the tract was part of a larger development, locating the structure 7.5 feet closer to the rear property line would be insignificant to adjoining property owners since property lines would not be physically identifiable within the project. Mr. Boyd stated he was curious as to why the lot had not been designed within the limits originally. Mr. Maxwell stated they had asked their engineer the same question. Mr. Rivaldo asked if there would be sufficient parking spaces. Mr. Maxwell advised they had adequate parking. Mr. Rivaldo asked if the building could be moved to the north. Mr. Maxwell pointed out they would lose some of the parking area and would also reduce the building size by approximately 1500 square feet. Ms. Little reviewed the purpose of building setbacks Mr. Maxwell stated there would be no identifiable property lines on this development. He showed the Board a rendition of the proposed building. He also explained their • Board of Adjustment January 3, 1994 Page 6 original plan had been a smaller building but had been contacted by a number of prospective tenants and decided to enlarge the building. MOTION Mr. Boyd moved to grant the variance. Mr. Blackston seconded the motion. The motion carried 6-0-0. MINUTES The Minutes of the December 6, 1993 meeting were approved as distributed. OTHER BUSINESS: Mr. Boyd noted the Fire Chief had approved the granting of the variance on Skyline, reminding the Board they had approved the variance subject to the Fire Chief's approval. • The meeting adjourned at 4:30 p.m. • ago 1 AHR, ROBERT & VIRGINIA (BA93-18) 132 BABE RUTH BASEBALL LEAGUE (SA92-11) 89 BADER, JOE (BA92-17) 82 BADER, JOE (BA92-17) 77 BENTRAL UNITED METHODIST CHURCH (BA95-9) 309 BLAGG, BRENDA J. (BA94-23) 276 BMP DEVELOPMENT,(BA92-8) 31 BMP DEVELOPMENT (BA92-9) 32 BOYD, GERALD (BA92-18, 19 & 20) 79 BOYD, GERALD (BA92-12) 47 BRANCH, MARGE (BA93-8) 109 BRONSON, PHIL (BA92-2) 3 BRYAN, JIM (BA94-35) 300 BRYAN ,JIM (BA94-35) 302 BRYAN, JIM (BA95-4)5 c 305 CANDIDO, JOSEPH (BA94-24) 284 CANDIDO, JOSEPH (BA94-24) 281 CARLISLE, CLEVE & EARL GILBERT (BA93-7) 106 CASTLE DEVELOPMENT:(BA94-6) • 231 CASTON, BEN (BA93-17) 130 CHASAR, ELMER (BA93-13) 127 CLARY DEVELOPMENT (SA93-13) 203 CLARY DEVELOPMENT (SA94-10) 292 CLARY DEVELOPMENT (BA94-4) 219 COPHER, CLIFFORD & VANCE (BA93-11) 119 CROSSOVER ASSOCIATES (BA94-10) 238 CROSSOVER ASSOCIATES (BA94-10) 246 DANIEL, JUSTIN (SA93-1) 100 DAVIS-KELLY, BARBARA (BA92-24) 93 DEMARIS, KEN (SA93-2) 115 DENHAM, MARY (BA94-14) 256 DILLARD, RITA (BA94-3) 217 DUNAWAY, DUB (BA93-28) 190 DYKES, B. K. (BA93-27) 188 DYKES, B. W. (BA94-9) 245 DYKES, B. W. (BA94-9) 244 DYKES, B. W. (BA94-9) 250 ENGLAND, C.F. & M. ANNE (BA93-9) EOFF, JESS (BA93-25) 112 171 i 11111 FAKHIMI, SHAWN (BA93-33) 212 FAYETTEVILLE YOUTH CENTER (BA94-32) 297 FIELDS, BILL (BA94-I6) 261 FINK, W. D. (BA92-1) 1 FIRST BAPTIST CHURCH (BA93-5) 103 FOX, JOY (SA93-3) 116 GALBRAITH, MIKE (BA93-32) 208 GAZZOLA, PAT (SA94-8) 279 GIBSON, ANDY (SA92-5) 41 GILBRAITH, MIKE (BA94-12) 253 GILBRAITH, MIKE (BA94-12) 258 GRAY, HARRY (SA92-1) 18 HABITAT FOR HUMANITY (BA94-8) 243 HARRIS, DR. FLOYD (SA93-4) 157 HELMER, BILL (BA93-20) 154 HELMER, BILL (BA93-20) 141 HENRICKSON, JOE (BA94-30) 289 HOLLAND, DALE (BA94-18) 267 HOLLAND HOUSE, INC. (BA94-31) 291 • HOLMES, MELVIN (BA94-5) 221 HOUSE, GREG (BA93-6) 105 HUNT, TERRY (BA92-3) 7 HUNT, TERRY (BA93-29) 191 IBM CORPORATION (SA94-2) 229 JOHNSON, DARAN (BA94-33) 298 JOHNSON, DALE (BA93-1) 96 JORGENSEN, DAVID (BA95-8) 308 KAPLIN, NINA (SA94-4) 252 LANGHAM, FRANCES (BA92-25 & 26) 93 LEWIS, HERBERT (BA93-22) 144 LIINIDSEY, JIM (BA94-13) 254 LITTLE, GARY (BA95-5) 304 LOWE'S (SA93-10) 179 MALCOLM, BRUCE (SA92-9) 58 MARITEN, DOUG (SA93-7) 159 MARTIN, JACK & HOLLY SMITH (BA93-21) 144 • , MCCLINTON - ANCHOR (BA93-3) 98 MCDONALD'S (SA92-2) 21 it MCILROY BANK (SA92-6,7,& 8) 43 MERRY -SHIP, ROB (BA94-22) 275 METCALF'S RV PARTS (SA94-6) 271 MYSHKA, DR. JAMES (SA95-7) 311 NOBLES, HELEN (BA94-25) 285 NOBLES, HELEN (BA94-25) 282 NORTH HILLS MEDICAL PARK (SA93-11) 185 OLESON, GEORGE (BA92-4) 9 OSBURN, ROBERT (BA92-13) 56 OSTNER, ALAN M. (BA95-6) 306 OXFORD, RANDLE & MARY (BA95-26) 310 PEARSON, THOMAS JR. (BA92-15) 62 PENNINGTON, MIKE (BA92-12) 57 PIERCE, COLLIER (BA94-1) 215 POOLE, SUSAN & HAL (BA94-36) 302 RANTIS, DARYL (BA92-10) 34 RED LOBSTER (SA92-12) 89 REVELLE, DARYL (BA93-4) 104 ROGERS, DAVID & CAROL MEADOWS (BA93-24) 163 ROSE, RICK (BA92-16) 71 ROSE, RICK (BA92-16) 75 RYAN'S STEAKHOUSE (SA94-3) 233 SCHMITT, ROBERT N. (BA94-34) 299 SHAKLEFORD, DOYLE (BA92-11) 46 SHEWMAKER, RICHARD (BA93-31) 199 SOWDER, GLENN (BA94-17) 265 SOWDER, GLENN (BA93-12) 122 SPRINGER, WILLIAM & BARBARA (BA93-10) 181 SPRINGER, WILLIAM & BARBARA (BA93-10) 114 SPRINGER, WILLIAM & BARBARA (BA93-10) 177 STARKEY'S SPORTS CLUB (SA94-9) 280 STILWELL, BRONSON (BA92-21) 84 STOCKLAND, JAMES R. (SA94-7) 278 TEAGUE, BOB (SA93-8) 173 TERNES, ANN (BA95-7) 307 THE ROLLING PIN RESTAURANT (SA93-8) 165 TOBIN, PAT (SA92-10) 73 URBAN, KEVIN (BA94-7) 242 VILLAGE EPICURREAN (BA93-23) 161 WALKER, KIRBY (BA93-19) 152 WALKER, KIRBY (BA93-19) 139 WALKER CONSTRUCTION (SA94-12) 295 WALKER, DALE (BA94-20 & 21) 269 WALMART STORES, INC. (SA92-4) 41 WALMART STORES, INC. (SA93-9) 168 WALMART (SA92-4) 48 WALTON ARTS CENTER (SA92-3) 25 WARD, DANIEL & KATHY (BA94-28) 287 WEST OAKS ANIMAL HOSPITAL (SA94-1) 225 WRIGHT, DEE (SA94-11) 294 YOUTH BRIDGE, INC. 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