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HomeMy WebLinkAbout1995-05-01 Minutes• • • MINUTES 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, May 1, 1995 at 3:45 p.m., in the City Administration Building, Room 111, 113 W. Mountain St., Fayetteville, Arkansas. MEMBERS PRESENT: Larry Perkins, Thad Hanna, Marion Orton, Craig Rivaldo, and Bob Nickle OTHERS PRESENT: Tim Conklin, Mike Galbraith, Mike McKimmey, Sharon Langley and others VARIANCE BA95-14 - REQUEST FOR VARIANCE OF SETBACK MIKE GALBRAITH - 708, 708 1/2, 721 N LEVERETT The first item was a request rom Mike Galbraith for a variance on property located at 708, 708 1/2 and 721 N. Leverett to allow a 10 -foot front setback (15 foot variance), where Section 160.118 (D) (5) requires a 25 -foot setback with landscaping or a 50 -foot front setback without landscaping. The site is zoned C-1. Mr. Conklin recommended approval of an 8 -foot variance of the front setback instead of the 15 feet variance requested and the applicant agreed to same. No representative was present and discussion was postponed. • • • Board of Adjustment/ Board of Sign Appeals May 1, 1995 Page 2 VARIANCE BA95-15 - REQUEST FOR VARIANCE OF SETBACK LARRY SIMPSON - 2142 WOLF CREEK DRIVE The next item was a request from Larry Simpson for property located at 2142 Wolf Creek Drive to allow a 22.58 -foot (2.42 -foot variance) front yard setback and a 24 -foot (one -foot variance) front yard setback where Section 160.031 requires a 25 -foot front yard setback when a structure abuts a public street. The site is zoned R-1. Mr. Conklin recommended approval of both variances on the grounds that the encroachment was caused by an inadvertent mistake made by the builder which would result in financial hardship for the owner and would not benefit the City or the neighborhood. Mr. Simpson explained the pins had been removed and caused the house to get twisted on the lot. Further, he stated the error was noticed on the final survey but that it was not noticeable within the neighborhood because the house lined up with the other houses to the north and east. MOTION Mr. Hanna made a motion to approve the variance as presented. Ms. Orton seconded the motion. The motion passed with a unanimous vote of 5-0-0. • • • Board of Adjustment/ Board of Sign Appeals May 1, 1995 Page 3 SIGN APPEAL 95-6 - REQUEST FOR A SIGN VARIANCE AMY WILBORN - 100 E POPLAR The next item was a request from Amy Wilborn to allow a variance to increase the display area of a sign from 4 square feet per Section 158.47 (B) (1), to 10 square feet for property located at 100 E. Poplar. The site is zoned R -O. Mr. McKimmey recommended approval of the variance on the grounds of possible revision of signage requirements in R -O and that the appeal represented a middle point of display surface area already granted by variance. Mr. Rivaldo stated he would abstain from voting. Mr. Perkins stated a quorum would still be present and 3 affirmative votes would be required for approval. Mr. McKimmey presented the history of the sign variances and sign sizes on adjoining properties. He informed the Board the property manager for the subject property had submitted a letter of agreement for the free standing sign for the applicant. Discussion ensued regarding the free standing sign location and orientation of same. Ms. Wilborn stated the reason for the variance request was to provide the clinic's patients easy identification of the location and to keep from cluttering the property with signs. Discussion ensued regarding the proximity of an existing tree and attempts to orient the sign within the existing landscape. Further discussion ensued regarding the dimensions of other signs in the area. Ms. Orton inquired as to when the proposed changes to the current ordinance would be effective and Mr. McKimmey stated he was not sure. Mr. Perkins reminded the Board this request had been tabled for further information regarding whether or not this would be the only free standing sign on the property. He noted the applicant had addressed that issue. MOTION Mr. Nickle moved to grant a 4.5 feet variance for a free standing sign. Mr. Hanna seconded the motion The motion passed 4-0-1 with Mr. Rivaldo abstaining. • • Board of Adjustment/ Board of Sign Appeals May 1, 1995 Page 4 VARIANCE BA95-14 - REQUEST FOR VARIANCE OF SETBACK MIKE GALBRAITH - 708, 708 1/2, 721 NORTH LEVERETT - (Continued) The Board then heard the request from Mike Galbraith for property located at 708, 708 1/2 and 721 North Leverett for a variance to allow a 10 -foot front setback (15 foot variance), where Section 160.118(D) (5) requires a 25 -foot setback with landscaping. The site is zoned C-1. Mr. Conklin explained the subject property had recently been rezoned and the applicant wished to put a mixed use (residential/commercial) building on the site. He stated the applicant wished to save a tree and place the parking in the rear of the structure which was in line with the 2010 recommendation for screening parking and locating the building closer to the street. He pointed out it was this was historically typical of the subject area. Additionally, he stated the applicant was in agreement with the staff recommendation of an 8 feet front setback. He further stated the applicant had provided elevation drawings depicting the proposed appearance of the structure. Mr. Conklin stated the applicant proposed 4 residential units on the second story of the structure and 4500 square feet of retail space on the ground floor. Discussion ensued regarding the artist's rendering of the proposed structure and its orientation to adjacent structures, whether or not the proposed building would be attached or separate, and the survey of the structures on the current property. Mr. Conklin explained the three existing structures would be removed. Mr. Conklin stated the applicant proposed one-way drives to enter and exit the parking lot. Discussion ensued regarding the width and location of the proposed drives. He informed the Board the project did meet the Parking Lot Ordinance. Mr. Conklin presented a sketch which proposed reduced landscaping between the parking lot and covered walk and reduced the width of the covered walk to the east in order to reduce the size of the proposed variance. Discussion ensued regarding the rear entrances from the parking lot and adjoining property to the west of the parking lot. In response to a question from Ms. Orton regarding plans to widen Leverett Street, Mr. Conklin stated the Master Street Plan showed Leverett to be a collector street. He explained there was an existing 30 feet from the center line right-of-way for any future improvements. Mr. Galbraith stated the back entrances would be of the same type as those in the front with double doors and handicap access. He advised he would comply and cooperate with any and all recommendations of the staff. Additionally, he stated the property was currently rental units with poor construction and a mixed use would be better for the neighborhood. Further discussion ensued regarding right-of-way and easements for future improvement to Leverett as a collector street. Mr. Conklin stated there would be a 6 feet buffer to the edge of the street if Leverett was widened to 4 lanes. MOTION Ms. Orton made a motion to grant the 8 feet variance as recommended by staff. Mr. Nickle seconded the motion. The motion passed with a vote of 5-0-0. • • • Board of Adjustment/ Board of Sign Appeals May 1, 1995 Page 5 MINUTES Ms. Orton requested a correction to the Minutes of April 17, 1995, on page 2, last sentence, to read "required." Minutes were approved subject to the correction. The meeting adjourned at 4:30 p.m.