HomeMy WebLinkAbout1995-01-16 Minutes•
HINUttS OF THE BOARD OF ADJUSTMENT
AND THE BOARD OF SIGN APPEALS
A meeting of the Fayetteville Board of Adjustment/Sign Appeals was held on
Monday, January 16, 1995, at 3:45 p.m. in Room 111 of the City Administration
Building, 113 West Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Larry Perkins, Gerald Boyd, Marion Orton, and Robert Nickle
MEMBERS ABSENT: Thad Hanna, Lonnie Meadows and Craig Rivaldo
OTHERS PRESENT: Don Fitzgerald, Sharon Langley, and others
PROTOCOL
Mr. Perkins called the meeting to order and explained the format of the meeting.'
APPEAL NO. SA95-01 - REQUEST FOR A VARIANCE FROM THE SIGN ORDINANCE
SPORTS PARA OF ARKANSAS - 3485 WEDINGTON DRIVE
The first item was Sign Appeal No. SA95-01 submitted by Rick Collins on behalf
of Sports Park of Arkansas for property located at 3485 Wedington Drive and zoned
A-1, Agricultural. The request was for a variance from the Sign Ordinance.
Mr. Don Fitzgerald advised the purpose of the request was to seek relief for the
tenants of the Sports Park to be allowed advertisement for their businesses. He
noted the staff had informed Mr. Collins a joint identification sign was only
allowed in a C-2 zoning district. He added Mr. Collins then applied for a
rezoning petition and was encouraged by the Planning Staff to attempt to obtain
relief by going through the sign appeal process instead. He pointed out a sports
park was allowed in the A-1 zoning district as a commercial/recreational large
site, Unit 4 and Unit 20 as a Condition Use.
Mr. Fitzgerald explained the Sports Park currently had a 16 square foot sign
which would not accommodate advertisement for recent new tenants. He added Mr.
Collins wanted to place a sign at the rear of the island in the entrance drive.
Mr. Fitzgerald pointed out if the joint identification sign was granted, Mr.
Collins was also requesting the sign be allowed to be placed 5 feet closer than
the ordinance allowed even in a C-2 zoning district. He stated Mr. Collins had
indicated to him that moving the sign would involve a tremendous expense because
of the electrical lines to the sign and due to the fact that the area was paved.
Mr. Fitzgerald reiterated that the 77 square foot sign would be allowed under C-2
zoning as a joint identification sign, but was not allowed by ordinance in the
A-1 zoning. He added, in the event that the sign appeal was granted, Mr. Collins
was requesting approval to locate the sign 5 feet closer to the street right-of-
way than allowed by ordinance.
In answer to a question from Mr. Boyd, Mr. Fitzgerald explained the existing sign
would be removed if the variance was granted.
In answer to a question from Ms. Orton, Mr. Fitzgerald advised a joint
identification sign size was based upon 500 square feet divided into the leasable
square feet of the building which, in this case, would allow for over 100 square
feet of sign space. He added a variance would still be needed to reduce the sign
setback from the street right-of-way.
Ms. Orton contended the 5 -foot variance would not make much difference.
Mr. Collins advised the back of the island was 82 feet from the street right-of-
way. He pointed out that, if the sign pole was placed just inside the island,
the sign would be sticking out 3 1/2.feet which would make the sign setback 78
1/2 feet. He stated the existing light pole in that location would be removed.
Board of Adjustment/
• Board of Sign Appeals
January 16, 1995
Page 2
•
O.)
He pointed out there were eleven huge oak trees at the front of the property
which blocked the visibility of the sign.
In answer to further questions, Mr. Fitzgerald advised the square footage allowed
on the sign was based on the allowable display surface area. He noted the C-2
zoning district stated the display surface area of a joint identification sign
could be increased to one square foot per 500 square feet of leasable building
area. He reiterated the total of the leasable building area in this case divided
by 500 would allow a much greater display surface area than 77 feet. He
explained that calculation only applied under joint identification which was only
allowed under the C-2 zoning district regulations.
Mr. Collins explained he first applied for zoning in 1991 to be allowed a Pro
Shop selling merchandise and a restaurant. He noted his application was for C-2
zoning and a Condition Use under Use Unit 4 or 20 to serve all of his needs. He
pointed out he was not made aware he would have problems with putting up the sign
in the A-1 zone. He added his future development would be an 18 -hole putting
course.
Mr. Nickel pointed out the City benefitted by having the property remain zoned
A-1 with all the green space. He inquired as to whether they could put a
limitation on the signage in the event the property were sold.
Mr. Fitzgerald stated their was a potential that the sign could be made larger
in the future based on the formula given as a joint identification sign if more
rental space was developed. He advised the current ordinance would be addressing
only 77 square feet and only the 5 -foot setback.
Mr. Boyd stated if the request was granted, it would allow the Sports Park all
the rights of an area identification sign with just the 77 square feet. He
contended that would be much better than rezoning the property to C-2 because of
the potential for a more intense development in the future.
There was further discussion and a determination was made that approval of the
variance should be tied to the owner or to the life of the current conditional
use.
Ms. Sharon Langley pointed out the restaurant at the location was an accessory
to the conditional use also.
MOTION
Mr. Boyd made a motion to grant the variance as requested with the condition that
the variance be limited to the life of the conditional use and accessory to the
conditional use which were currently tied to the property.
The motion was seconded by Mr. Nickle.
The motion carried with a unanimous vote.
MINUTES
The Minutes of the regular Board of Adjustment/Sign Appeals meeting of December
1, 1994 were approved as written.
There being no further business, the meeting was adjourned.
410. AKIN, SHEP (VA95-19) 41
AMIRMOEZ, LALEH (BA96-16) 101
AMIRMOEZ, LALEH (BA96-16) 90
BASS, CLAY (BA 96-11) 82
BRAYN, JIM (BA95-4) 34
BRYAN, JIM (BA95-4) 17
BRYAN, ERIC AND ELIZABETH (BA96-9) 78
BRYAN, ERIC AND ELIZABETH (BA96-9) 77
CENTRAL UNITED METHODIST CHRUCH (BA95-9) 21
CENTRAL EMS -TONY HICKERSON (BA95-30) 67
CHURCH OF LATTER DAY SAINTS (BA96-25.00) 112
CRAIN, SHEA (SA95-3) 13
CRONIN, SUSAN (BA96-4) 72
DUNAWAY, DUB (BA96-23.00) 107
DUNN, JACK (BA96-24.00) 110
ELECTION OF OFFICERS 39
ENGLAND, C.F. (BA95-1) 3
ENGLAND, C.F. (BA95-1) 12
FAMILY CHIROPRACTIC CENTER- JAMES MYSHKA (SA95-7) 62
FAMILY CHIROPRACTIC CENTER- JAMES MYSHKA (SA95-7) 60
FAULKENBERRY, MERLE (BA96-3) 71
• FOURNET, DAVID (BA95-2) 7
GALBRAITH, MIKE (BA95-14) 30
GALBRAITH, MIKE (BA95-14) 27
HABITAT FOR HUMANITY (BA96-14) 84
HAMPTON INN, NIRVAN, INC. (SA95-2) 8
HARRISON, REBECCA, ROB SHARP FOR (BA95-12) 23
HESS, JEREMY (BA95-13) 25
HICKS, CHARLES (BA96-8) 76
HOUSE, GREG (BA96-31.00) 146
HUFF, DAVID (BA96-19) 94
J & P UTILITIES- MIKE TOOLEY (BA96-10) 79
J&P UTILITIES (BA96-1) 69
JACKSON, ROBERT LEE (BA95-16) 32
JACKSON, ROBERT LEE (BA95-16) 36
JAMES, ROBERT (V95-22) 54
JORGENSEN, DAVID (BA95-8) 20
LA TOUR, JOHN (BA96-28.00) 118
LITTLE, GARY (BA95-5) 11
MANNKE, BILL (V95-18) 40
MARR, JOHN (SA95-4) 14
MARVIN, KEN (BA96-12) 81
MOURNEY, GEORGANNE (V95-17) 42
MOURNEY, GEORGANNE (V95-17) 37
NEUMANN, KARL AND MARTHA ANDERSON (BA 96-6) 74
NOCK, JOHN (BA 95-28) 65
OSBORN, CARL AND NORMA (BA95-11) 22
OSTNER, ALAN M. (BA95-6) 18
OUSTERHOUT, DON (BA95-3) 10
OXFORD, RANDLE AND MARY (BA95-26) 61
PENNINGTON, MIKE (BA95-29) 66
PRENGER, MARK (BA96-20) 96
RUNKSMEIER, LARRY (BA 96-7) 75
SHARP, ROB FOR REBECCA HARRISON (BA95-12) 23
SIMPSON, LARRY (BA95-15) 28
SKELTON, VEARL AND SANDRA (BA96-27.00) 116
SPORTS PARK OF ARKANSAS (SA95-01) 1
STEPHENS, SUZIE (SA96-1) 87
TERNES, ANN (BA95-7) 19
THOMAS, MIKE AND JULIE GABLE (BA95-23) 56
UNITARIAN UNIVERSALIST CHURCH (BA96-26.00) 114
VINES, MARY K. FOR ALMA MEAD (BA95-24) 58
VIRVAM, INC. D/B/A HAMPTON INN (SA95-2) 8
WALKER, RALPH (BA95-27) 64
WALKER CONSTRUCTION (BA 96-5) 73
WALKER CONSTRUCTION (BA 96-21) 102
WEWISKA, JAMES (BA96-15) 89
WHITHAM, JEFFERY (BA96-29.00) 140
WILBORN, AMY (SA95-6) 29
WOMMACK, RICHARD (BA96-30.00) 145
WOMMACK, RICHARD (BA96-30.00) 142
WOODS, RHONDA (BA96-2) 70
WORDEN, CHARLES (BA96-22) 105
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BYLAWS
FAYETTEVILLE BOARD OF SIGN APPEALS
Article I: AUTHORIZATION
The Fayetteville Board of Sign Appeals is
established by the Sign Ordinance of the City of
Fayetteville, Arkansas, which is hereinafter
referred to as "the Ordinance".
Article II: PURPOSE OF THE BOARD OF SIGN APPEALS
A. To hear and decide appeals where it is alleged
there is error in any order, requirement or
interpretation made in the enforcement of the
Ordinance.
B To hear and decide requests for variances from
the literal provisions of the Ordinance under
the circumstances and to the extent permitted
by the Ordinance.
Article III: MEMBERS
The members of the Board of Sign Appeals,
hereinafter referred to as "the Board", shall be
the same as the members of the Board of Adjustment.
Article IV: OFFICERS
The officers of the Board shall be the same as the
Board of Adjustment.
Article V: MEETINGS
A. The Board shall met at a regular interval to
be established by the Chair after consultation
with the members of the Board. In addition,
the Board may meet on call of the Chair, or
Temporary Chair when the Chair is absent from
the City.
B. Notice of such meetings shall be published in
a local newspaper at least seven (7) days
prior to the meeting.
C. Unless otherwise specified by the Chair, Board
meetings shall be held at the Fayetteville
City Administration Building at 3:45 p.m. or
immediately after the meeting of the Board of
Adjustment if it meets the same day.
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Article VI: QUORUM AND VOTE
A. A quorum for the transaction of business shall
be four (4) members. Each Board member,
including the Chair, is entitled to one vote.
The granting of any appeal or variance by the
Board shall require an affirmative vote of a
majority of the members of the full Board.
B. Any member of the Board who shall have direct
or indirect interest in any sign or in any
decision relating to such sign, which shall be
the subject matter of, or affected by, a
decision of the Board, shall be disqualified
from participating in the discussion, decision
or proceedings of the Board in connection
therewith.
Article VII: CONDUCT OF MEETINGS
A. All meetings are open to the public unless the
Board is in executive session. No official
business shall be transacted during executive
session, except privileged matters relating to
personnel as allowed by law.
B. The Board or its members may, at any time,
confer informally with staff members. No
business shall be transacted during such
informal meetings.
C. Meetings shall be conducted informally. The
Chair shall make all rulings and
determinations regarding the admissibility of
evidence, the scope of the inquiry, the order
in which evidence, objections and arguments
shall be heard, and other like matters, except
that any member shall be privilege to make
inquiries personally and to call for a vote on
any ruling of the Chair with which she/he does
not agree, whereupon the vote shall determine
the effective ruling. It shall be the purpose
of the Chair to expedite all hearings,
confining them to the presentation of only
essential matters in the interest of saving
time, but entertaining the presentation of
sufficient matter to do substantial justice to
all concerned. Final or official action shall
be taken only in regular or special session of
the Board of Adjustment after the hearing.
The rules contained in Roberts Rules of Order
shall govern the meeting insofar as they are
applicable and do not conflict with the
bylaws.
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D. Each meeting of the Board at which
applications for variances or appeals of
decisions of the Building Inspector are heard
shall be divided into (1) a public hearing
portion, and (2) a deliberation and decision
portion. Any member who intends to abstain
when the vote is taken shall make this fact
known when the Chair announces the public
hearing on a request and shall not participate
in any aspect related to that request. During
the public hearing portion, the applicant or
appellant or his or her representative shall
be given an opportunity to explain the written
application or appeal previously filed, and
any other person present at the meeting shall
be allowed to comment for a reasonable period
of time. Any member of the Board may question
any person who has spoken during the public
hearing. Applications and appeals shall be
called for hearing in the order presented on
the Board's agenda published by the Planning
Administrator. After the public hearing has
been held regarding all applications or
appeals to be presented at the meeting, the
public hearing portion of the meeting will be
terminated, and the deliberation and decision
portion will begin. The Board will deliberate
and decide upon the applications and appeals
in the order they were heard in the public
hearing. The Chair may permit variations in
the order of presentation, and may permit
deliberation and decision of a particular
application or appeal by the Board prior to
public hearing of other applications or
appeals, in the event the Chair deems it
expedient or otherwise justified. Both the
public hearing and the deliberation and
decision portions shall be open to any person,
and although comments from the applicant or
appellant and others, not members of the
Board, who may be present will generally not
be permitted during the deliberation and
decision portion, the Chair may make
discretionary excepts to this rule.
E. No application for a variance or appeal shall
be deliberated or voted upon by the Board,
unless the applicant is present in person or
represented by a duly authorized agent or
attorney and the application shall
automatically be denied without consideration
by the Board.
F. Roberts Rules of Order will be followed for
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parliamentary procedures.
Article VIII COMMITTEES
The Board of Adjustment may establish such
standing, special, or advisory committees as deemed
necessary. Members of such committees may be
persons other than members of the Board of
Adjustment, but a member of the Board shall be
named Chair (either active or ex -officio) of such
committee.
Article IX DETERMINATIONS
A. In granting any variance or appeal, the Board
may attach conditions or it may grant a
partial or "lesser" variance or appeal than
that requested if the Board concludes that
such would be more consistent with provisions
of the Ordinance and/or having less impact on
the surrounding property.
B. The Board shall not permit as a variance any
sign the erection of which is prohibited by §
158.35 through 158.45 of the Ordinance. The
Board may grant a variance from the provisions
of § 158.07(A) where strict enforcement of
said section would be unreasonable.
C Any variance granted by the Board shall
automatically be revoked if the applicant does
not comply with the terms of the variance
within thirty (30) days from the granting
thereof; and, the applicant shall be required
to comply with the literal provisions of the
Ordinance.
Article X: REHEARING
A rehearing shall be for the sole purpose of
calling attention to a factual error, omission or
oversight. A request for a rehearing must be in
writing and must state the basis for requesting a
rehearing.
Article XI: WITHDRAWALS
No application, which has been docketed for public
hearing and advertised for such shall be withdrawn,
except as follows:
1. Except for cause and with a written request,
no case shall be withdrawn.
•
2 When the hearing has already been advertised,
the Board must authorize the withdrawal by
motion in public hearing. If the motion for
withdrawal is passed, that same case shall not
be resubmitted for a period of one year.
3 No applicant shall be allowed to withdraw an
application during the public hearing.
Article XII: DEFERRALS
No application, which has been docketed for hearing
and advertised, shall be deferred, except as
follows:
1. Except for cause or with a written request, no
case shall be deferred.
2. If re -notification of property owners is
required, the applicant shall bear the burden
of that cost.
3. In no case shall more than two requests for
deferral from an application be granted.
4. In the public hearing, the Board may for cause
• defer an application on its own motion.
•
Article XIII: APPEAL FROM BOARD DECISIONS
An applicant may appeal a decision of the Board to
the Board of Directors of the City of Fayetteville
in accordance with the procedure set forth in the
Ordinances.
These rules adopted by the Fayetteville
Board of Adjustment on this day
of , 19 .
Larry Tompkins, Chair
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BOARD OF ADJUSTMENT/SIGN APPEALS
This board hears and acts on appeals for variances of zoning and sign ordinances There are seven
members who serve five-year terms ending April 1. This board meets the first and third Monday of
each month at 3:45.
MEMBERS TERM
Paul Wilhelms
1109 Heath Drive
Fayetteville, AR 72701
H) 575-0459 W) 444-6074
Larry Perkins
2840 Strawberry
Fayetteville, AR 72703
H) 443-0677 W) 444-9245
Thad Hanna
319 Ila Street
Fayetteville, AR 72701
H) 442-8882 W) 443-5467
Gerald Boyd
2008 Cleveland
Fayetteville, AR 72701
W) 521-5971
Michael Andrews
1657 Timberridge Ct.
Fayetteville, AR 72703
H) 443-1461 W) 443-7500
Marion Orton
1641 Ha!sell Rd.
Fayetteville, AR 72701
H) 442-8036 W) 444-3433
Robert Nickle
1 Robinswood Ln.
Fayetteville, AR 72701
H) 521-4438 W) 521-0220
10
(U) 02-06-96 to 04-01-96
Replaced Rivaldo
03-17-92 to 04-01-97
First Term
Replaced Becker
03-17-92 to 04-01-97
First Term
Replaced Tompkins
05-02-95 to 04-01-00
Third Term
(U) 5-02-95 to 04-01-96
Replaced Meadows
04-01-93 to 04-01-98
First Full Term
05-02-95 to 04-01-00
First Full Term
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BOARD OF ADJUSTMENT/BOARD OF SIGN APPEALS
Name/Address
Craig Rivaldo
2005 East Oak Drive
Fayetteville, AR 72703
Larry Perkins
2840 Strawberry
Fayetteville, AR 72703
Thad Hanna
319 Ila Street
Fayetteville, AR 72701
Gerald Boyd
2008 Cleveland
Fayetteville, AR 72701
Michael Andrews
c/o Insty Prints
1717 N. College St.
Fayetteville, AR 72701
Marion Orton
1641 Halsell Rd.
Fayetteville, AR 72701
Robert Ntckle •
1 Robinswood Lane
Fayetteville, AR 72701
Phone
443-0950 (H)
575-1000 (W)
443-0677 (H)
444-9245 (W)
442-8822 (H)
524-5117 (W)
4-96
4-97
4-97
521-5971 (W) 4-00
443-1461 (H)
443-7500 (W)
442-8036 (H)
444-3433 (W)
5214438 (H).:,•
521-0220 (W)
4-96
4-98
Term Expires
•
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BOARD OF ADJUSTMENT/BOARD OF SIGN APPEALS
Name/Address
Craig Rivaldo
2005 East Oak Drive
Fayetteville, AR 72703
Larry Perkins
2840 Strawberry
Fayetteville, AR 72703
Thad Hanna
319 Ila Street
Fayetteville, AR 72701
Gerald Boyd
2008 Cleveland
Fayetteville, AR 72701
Michael Andrews
c/o Insty Prints
1717 N. College St.
Fayetteville, AR 72701
Marion Orton
1641 Halsell Rd.
Fayetteville, AR 72701
Robert Nickle
1 Robinswood Lane
Fayetteville, AR 72701
Phone
443-0950 (H)
575-1000 (W)
443-0677 (1-1)
444-9245 (W)
442-8822 (H)
524-5117 (W)
4-96
4-97
4-97
521-5971 (W) 4-00
443-1461 (H)
443-7500 (W)
442-8036 (H)
444-3433 (W)
521-4438 (H)
521-0220 (W)
4-96
4-98
Term Expires
•
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BOARD OF ADJUSTMENT/BOARD OF SIGN APPEALS
Name/Address
Craig Rivaldo
2005 East Oak Drive
Fayetteville, AR 72703
Larry Perkins
2840 Strawberry
Fayetteville, AR 72703
Thad Hanna
319 Ila Street
Fayetteville, AR 72701
Gerald Boyd
2008 Cleveland
Fayetteville, AR 72701
Michael Andrews
c/o Insty Prints
1717 N. College St.
Fayetteville, AR 72701
Marion Orton
1641 Halsell Rd.
Fayetteville, AR 72701
Robert Nickle
1 Robinswood Lane
Fayetteville, AR 72701
Phone
443-0950 (H)
575-1000 (W)
443-0677 (H)
444-9245 (W)
442-8822 (H)
524-5117 (W)
4-96
4-97
4-97
521-5971 (W) 4-00
443-1461 (H)
443-7500 (W)
442-8036 (H)
444-3433 (W)
521-4438 (H)
521-0220 (W)
4-96
4-98
Term Expires
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RECEIVED
DEC 0 1 1995
CITY PLANNING DEPT.
November 29, 1995
Ms. Alett Little
Planning Director
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Resignation from Board of Adjustment
Dear Ms. Little:
Please accept this letter as notice to you and the City of Fayetteville that effective
December 1, 1995, I will resign my position on the Board of Adjustment Committee.
The resignation is due to the fact that I will be moving outside the city limits.
I have considered it an honor to be able to help serve the City of Fayetteville in this
capacity. If you need any further information from me, please let me know.
Sincerejy,
Craig A. Rivaldo