HomeMy WebLinkAbout1995-11-06 Minutes•
MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT/BOARD OF SIGN APPEALS
A meeting of the Board of Adjustment/Board of Sign Appeals was held on Monday, November 6, 1995 at 3:45
p.m. in the City Administration Building, 113 W. Mountain Street, Room 326, Fayetteville, Arkansas.
MEMBERS PRESENT: Michael Andrews, Gerald Boyd, Bob Nickle, Marion
Orton, Larry Perkins, and Craig Rivaldo
MEMBERS ABSENT: Thad Hanna
STAFF PRESENT: Alett Little, Richard Lane, and Janet Johns
VARIANCE BA95-26 - RANDLE & MARY OXFORD
703 E. CALVIN
The first item on the agenda was variance requested submitted by Randle and Mary Oxford for property located at
703 E. Calvin. The request is for a variance of 3.13 feet from the required building setbacks in R-1, Low Density
Residential.
Staff recommended approval of the variance.
Mr. Lane presented a letter from the Ben Caston, contractor, which stated he would take whatever measures
deemed necessary to make the structure conform to city ordinances and Mr. Lane noted no action had been taken by
the contractor therefore the responsibility had fallen to the Oxfords.
• Discussion ensued regarding the circumstances which made the structure non -conforming.
Mr. Nickle inquired if the Board could require a survey prior to issuance of a certificate of occupancy. Ms. Little
stated prior to issuance of a footing permit the Inspection Department measured the area to ensure setback
requirements are met. Further, she stated errors in setback requirements had declined. Discussion ensued regarding
penalties and enforcement issues.
Mr. Boyd noted it appeared the structure violated the rear setback as well. Discussion ensued regarding whether or
not the legal description was correct.
MOTION
Mr. Nickle made a motion to approve the request and additional approve any other variances to make the structure
conforming.
Mr. Boyd seconded the motion
Upon roll call, the motion passed by a unanimous vote of 6-0-0.
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Board of Adjustment/Board of Sign Appeals
November 6, 1995
Page 2
SIGN APPEAL SA95-7 - FAMILY CHIROPRACTIC CENTER
DR. JAMES MYSHKA - 114 SOUTH COLLEGE
The next item on the agenda was the sign appeal submitted by Dr. James Myshka on behalf of Family Chiropractic
Center located at 114 South College Avenue who proposed to erect a 12 square foot freestanding sign at a one foot
setback.
Staff recommended a smaller freestanding sign at the maximum allowable setback and removal of the west wall
sign.
Dr. Myshka stated their data indicated patients could not locate their office when traveling south on College
Avenue.
Discussion ensued regarding the setback of the address sign, number of businesses in the subject area, and the
number of sign variances granted to businesses in the subject area.
Ms. Little inquired regarding the type of proposed sign and Dr. Myshka explained it would be a sign mounted on
4x4 posts. Discussion ensued regarding the proposed located of the sign.
Dr. Myshka agreed to eliminate the sign on the west end of the building in exchange for the sign as requested.
Discussion ensued.
Mr. McKimmey distributed photographs and stated staff would support a 4' x 3' sign with a 15' setback. Mr.
McKimmey noted the applicant requested a 15' variance in required setbacks. Mr. McKimmey stated he had
requested confirmation from the property owner (Mr. Dash Goff) that no other signs would be allowed on the
property.
Mr. Boyd inquired if Dr. Myshka would consider eliminating the sign on the south wall of' the structure and Dr.
Myshka stated he would have to postpone the request in order to determine if eliminating the south wall sign would
be an option. Discussion ensued.
MOTION
Mr. Nickle made a motion to approve a l' x 3' of 3 square feet sign setback 6' from the side walk.
Motion failed for lack of a second.
Discussion ensued.
MOTION
Mr. Nickle made a motion to approve a 2' x 3' or 6 square feet sign with a maximum height of 4' and setback 32'
east of the centerline of College Avenue (as measured) subject to elimination of the sign on the west wall of the
structure.
Mr. Rivaldo seconded the motion.
Upon roll call, the motion passed with a vote of 3-2-1. Mr. Boyd and Ms. Orton voted against the motion and
Mr. Andrews abstained.
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Board of Adjustment/Board of Sign Appeals
November 6, 1995
Page 3
OTHER BUSINESS
Discussion ensued regarding amortization of signs in the overlay district. Ms. Little urged the Board to adopt
specific guidelines to facilitate removal of non -conforming signs in the overlay district. Mr. McKimmey stated free
standing signs on the highways would need to be removed June 19, 1997.
Ms. Orton urged the Board to support the county in adopting a sign ordinance.
Mr. Perkins stated that effective December 1, 1995, Mr. Rivaldo would resign because his residence would be
outside the city limits.
Meeting adjourned at 5:00 p.m.
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