HomeMy WebLinkAbout1995-03-06 Minutes•
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MINUTES OF THE BOARD OF ADJUSTMENTS
AND THE BOARD OF SIGN APPEALS
A meeting of the Fayetteville Board of Adjustments/Sign Appeals was held on
Monday, March 6, 1995 at 3:45 p.m. in the City Administration Building, Room
111, 113 W. Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Bob Nickle, Marion Orton, Thad Hanna,
Gerald Boyd, Lonnie Meadows, Craig Rivaldo
MEMBERS ABSENT: Larry Perkins
OTHERS PRESENT: Don Fitzgerald, Tim Conklin, Mike McKinney, and others
Gerald Boyd, Vice -Chair, called the meeting to order.
•WAIVER TO SUBDIVISION REGULATIONS BA95-03 - REQUEST FOR VARIANCE SETBACK
DON OUSTERHOUT - 1022 TRUST ST.
The first item was a request for a variance from the required building setbacks
on property located at 1022 Trust Street.
Mr. Conklin stated the variance was for a 5 foot setback from the designated R-1
setback of 20 feet. Further, he stated the applicant requested a setback of 15
feet and proposed to construct a 14 foot by 12 foot, two story addition on the
back of his home to be used as a ground floor bedroom and a second floor screened
porch in order not to obstruct the window locations of the existing structure.
He noted the property owners to the north of the property were 30 to 40 feet from
the back property line. He continued the area had been fully developed and
stated that granting the requested variance would not adversely impact the
adjoining neighbors. He recommended granting the request.
Mr. Boyd recognized Mr. Ousterhout who elaborated his construction plans.
Mr. Ousterhout stated he had spoken with each of the neighbors and none objected.
Discussion ensued regarding the lot size and shape and orientation of the
existing structure.
MOTION
Mr. Nickle moved to approve the variance request.
Ms. Orton seconded the motion.
The motion carried unanimously.
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Board of Adjustment/
Board of Sign Appeals
March 6, 1995
Page 2
WAIVER TO SUBDIVISION REGULATIONS - BA95-05 - REQUEST FOR VARIANCE SETBACK
GARY LITTLE - 433 S. WASHINGTON
The next item was a request for a variance from the required building setbacks
for property located at 433 S. Washington submitted by Gary Little.
Mr. Boyd stated the variance request was denied on grounds that no representative
was present. He explained policy required the variance be denied and not tabled
whenever there was no representation for an item. He advised that, if someone
appeared before the board adjourned, he would consider hearing the matter.
Mr. Conklin stated he had spoken to the applicant on Friday, March 3, 1995 and
informed Mr. Little he was to appear at the meeting.
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Board of Adjustment/
Board of Sign Appeals
March 6, 1995
Page 3
VARIANCE BA95-01 - REQUEST FOR VARIANCE SETBACK
C.F. ENGLAND - NE CORNER OF GREGG AND 6TH
The next item was a request for a variance from the required building setbacks
for property located at the northeast corner of Gregg Street and 6th Street
submitted by C. F. England.
Mr. Conklin reminded the Board the matter had been tabled until an accurate site
plan depicting lots and property lines could be presented. He noted the request
had been met. Further, he stated Mr. England owned part of lots 16 through 19.
He pointed out the drawing had been modified to show the side setback to the
north and that the building had been relocated.
Mr. Boyd inquired if partial lots could be conveyed separately.
Mr. Conklin responded that in I-1 there was no minimum lot requirement and, if
the property had separate deeds, he believed they could be conveyed separately.
Mr. England stated the partial lots were under one deed.
Mr. Boyd stated his concern regarding the undersized lots and the potential of
creating additional undersized lots. He further suggested the Board entertain
the idea of granting the variance conditioned upon the four partial lots
remaining together.
MOTION
• Mr. Hanna moved to grant the variance subject to the condition that the partial
lots remain under one deed and not be conveyed separately.
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Mr. Nickle seconded the motion.
The motion passed unanimously.
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Board of Adjustment/
Board of Sign Appeals
March 6, 1995
Page 4
Mr. Boyd then explained the Board of Sign Appeals was composed of the same
members as the Board of Adjustments and functioned in the same manner and under
the same procedures.
Mr. Don Fitzgerald, Inspection Division, introduced Mike McKinney as the newly
appointed staff representative to the Board of Sign Appeals.
SIGN APPEAL SA95-3 - REQUEST FOR VARIANCE SIGN SETBACK
SHEA CRAIN - 351 N. HIGHLAND AVE.
The next item was a request for a variance from the required sign setbacks for
property located 351 North Highland Avenue submitted by Shea Crain.
Mr. Fitzgerald stated that 351 N. Highland was zoned R-0. He explained the
applicant had requested a variance in distance from the right of way for a 4
square foot display surface. He went on to say the right of way on Highway was
unusual in that it is 55 feet or 27.5 feet on either side of the center line.
Further, he stated that, if the sign was placed according to the ordinance, the
sign would be on the front porch or inside the building; therefore, the applicant
requested a variance to put it 2.5 feet west of the right of way line on Highland
(30 feet from the center line or 5 feet from the existing building).
Ms. Crain explained she wanted to place the sign in the yard where it would be
easily visible but not overwhelming. Further, she stated she had restored the
building and did not feel that placing a sign on the building would be
appropriate.
• Discussion ensued regarding the size and style of the proposed sign, and plans
for the surrounding properties which included parking.
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MOTION
Mr. Hanna moved to grant the setback variance as requested.
Ms. Orton seconded the motion.
The motion passed unanimously.
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Board of Adjustment/
Board of Sign Appeals
March 6, 1995
Page 5
SIGN APPEAL SA95-4 - REQUEST FOR VARIANCE SIGN REGULATION
JOHN MARR - 101 E. POPLAR
The next item was a request for a variance to the sign regulations for property
located at 101 East Poplar submitted by Dr. John Marr.
Mr. Boyd recognized that Mr. Rivaldo would be recused and further stated that a
simple majority vote was required.
Mr. Fitzgerald stated
allow for a 4 square
sign. He reminded the
for signs as large as
the property at 101 E. Poplar was zoned R-0 which would
foot sign and that the request was for a 10 square foot
Board other variances had been granted in the subject area
12 square feet.
Mr. Boyd asked if all the offices were commonly owned.
Mr. Fitzgerald stated that he was not certain.
A representative of the sign manufacture stated was representing Dr. Marr and
advised the sign would represent the entire complex. Discussion ensued.
Mr. Boyd requested the matter be tabled until questions regarding who the sign
represented were resolved and Dr. Marr could be present.
MOTION
Mr. Nickle made a motion to table the item.
Ms. Orton seconded the motion.
The motion to table passed 4-0-1.
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Board of Adjustment/
Board of Sign Appeals
March 6, 1995
Page 6
MINUTES
The Minutes of the regular Board of Adjustment/Sign Appeal meeting of February
6, 1995 were approved as written.
OTHER BUSINESS
Mr. Boyd informed the Board one of the members, Lonnie Meadows, had moved outside
the city limits and would no longer be qualified to a seat on the Board.
Discussion ensued regarding signs along College. Mr. Fitzgerald stated he was
aware of non -conforming, specifically at Crossover Barbecue and Rally's Burgers
and was working to enforce the ordinance of alleviating these signs through
dialogue and fines. Mr. Fitzgerald further stated that the 30 day warning period
provision did not help in enforcing violations of the ordinance.
There being no further business, the meeting was adjourned at 4:10 p.m.