HomeMy WebLinkAbout1998-03-02 Minutes•
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MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENTS AND SIGN APPEALS
A meeting of the Board of Adjustments and Board of Sign Appeals was held Monday, March 2,
1998 at 3:45 p.m., Room 111 of the City Administration Building, 113 W. Mountain Street
Fayetteville, Arkansas.
MEMBERS PRESENT: Larry Perkins, Gerald Boyd, Robert Nickle and Thad Hanna
STAFF PRESENT: Alett Little, Tim Conklin and Sharon Langley
Mr. Perkins called the meeting to order and explained the procedure.
APPROVAL OF MINUTES:
Mr. Boyd had a correction on the January 5 minutes, replacing the word "diameter" with
"circumference". The minutes were approved as corrected.
Mr. Perkins advised there was a sign appeal as a third item on the agenda
BA98-2.00: REQUEST FOR A VARIANCE - SETBACKS
HMT OF FAYETTEVILLE - N OF DICKSON. E OF ROLLSTON. W OF THOMPSON
The first item, a variance request, was submitted by Greg House, on behalf of HMT of
Fayetteville, for property located on the north side of Dickson, east of Rollston and west of
Thompson. The property is zoned C-3, Central Commercial, and contains approximately 1.13
acres The request is for a 5 -foot variance (zero setback) along Dickson Street and a 5 -foot
variance (zero setback) along Rollston Avenue.
Mr. Conklin advised the Planning Commission had considered the project as a large scale
development and had approved it at the February 23, 1998 meeting, subject to the Board of
Adjustment granting variances for the encroachments along Dickson Street and Rollston Avenue.
He explained the site currently had three buildings -- The Grill, The Restaurant on the Comer,
and a third building behind the restaurants. He pointed out a scale model of the project, noting
the second story which would encroach into the setbacks. He advised the plan also included the
adding of balconies and other architectural features which would also encroach into the setbacks
and, in some cases, the street right-of-way. He stated the items encroaching into the right-of-way
would have to be approved by the City Council.
Mr. Perkins confirmed the Board of Adjustment was not discussing the encroachment of the
balconies and architectural features into the right-of-way, only items encroaching into the
setbacks.
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Board of Adjustment
March 2, 1998
Page 2
Mr. House pointed out the balconies which encroached into the setbacks but not the right-of-way.
Mr. Rob Sharp, architect for the applicant, advised none of the new buildings would encroach
into the setbacks.
Ms. Little reminded Mr. House that, at the Planning Commission meeting, HMT had agreed to
dedicate 4 feet of their property on Thompson as right-of-way. She asked if, with that dedication,
there would be setback encroachments on Thompson.
After measuring the plat, it was determined the balconies on Thompson Street would encroach
into the setback 3 feet.
Mr. Boyd stated the balconies on Rollston Street bothered him, explaining it was a very narrow
street and, if someone did exactly the same thing on the other side, Rollston would turn into a
tunnel. He advised that, even though encroachment into rights-of-way was not in the Board of
Adjustment's jurisdiction, he would like his statement to be a part of the record.
MOTION
• Mr. Boyd moved to grant the variances as requested.
Mr. Hanna seconded the motion.
The motion carried unanimously, 4-0-0.
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Board of Adjustment
March 2, 1998
Page 3
BA98-4.00: REQUEST FOR A VARIANCE - BULK & AREA
BOBBIE JEAN TAN ARY - 407 EAST LAFAYETTE STREET
The next item was a request for a variance submitted by Alan Reid of Alan Reid and Associates
on behalf of Bobbie Jean January for property located at 407 East Lafayette Street. The property
is zoned R-1, Low Density Residential, and contains .38 acre. The request is to allow a 67 -foot
(a 3 -foot variance) frontage.
Mr. Conklin advised the Subdivision Committee of the Planning Commission had approved a lot
split on the property subject to approval by the Board of Adjustment of the frontage variance. He
explained the original tract had 67 feet of lot width on Lafayette Street and 200 feet of lot width
on Sutton Street . He noted the purpose of the lot split was to be able to sell the south half of the
lot. He also informed the Board the Fayetteville Parks and Recreation Department was
considering purchasing the south half of the lot as a park. He advised staff did recommend
approval of the variance.
Mr. Karl Friar, representing the applicant, appeared before the Board and stated he was available
to answer questions.
MOTION
Mr. Nickle moved to approve the request
Mr. Boyd seconded the motion.
The motion carried unanimously, 4-0-0.
The Board of Adjustment then adjourned at 4:05 p.m. and reconvened as the Board of Sign
Appeals.
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Board of Adjustment
March 2, 1998
Page 4
SA98-1.00: JANUARY FLOOR COMPANY
TOM JANUARY - 188 E. TOWNSHIP
The only item before the Board of Sign Appeals was a sign appeal for January Floor Company
submitted by Tom January for property located at 188 E. Township. The property is zoned C-2,
Thoroughfare Commercial. The request is for a variance from setback requirements.
Mike McKimmey, Sign Inspector, advised the project had been through the large scale
development process and had been approved by the Planning Commission with the signage being
addressed by the Commission. He stated the proposed sign was a 32.38 square foot joint
identification monument sign with space for a future tenant (when the future tenant is added, the
total square footage will be 64.76). He advised the applicant was requesting a variance from the
setback requirements by placing the sign 10 feet from the property line instead of the required 40
feet. He added that, after discussing the matter with the applicant, the applicant was willing to
limit the height of the sign to 6 feet above the ground. He stated the sign would be similar to the
signage requirements in the Overlay District.
Mr. Boyd asked if the sign would be in lieu of other signage or in addition to wall signage.
Mr. McKimmey stated the January's had requested wall signage.
Ms. Little advised the Planning Commission had also approved a lot split for the January's which
allowed'' an additional lot to the east of the subject tract. She stated at the time of the lot split, the
January's had agreed to have monument signs instead of pole signs for both lots. She noted a 15 -
foot setback was common in the overlay district with a 20 square foot sign. She suggested an
amendment to the sign ordinance since the City was encouraging the monument signs instead of
pole signs.
Mr. Boyd asked if the request for wall signage was the maximum allowed.
Ms. January advised the wall side measured 7 feet by 16 feet.
Ms. Little noted that was well under the amount allowed by the ordinance.
Ms. January stated their business would contain 60% of the building and they would be renting
the other 40% and had left space for signage on the opposite side of the building for wall signage
for the tenant.
Mr. Nickle asked if the 10 feet from right-of-way was from new right-of-way.
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Board of Adjustment
March 2, 1998
Page 5
Ms. Little stated it was from the new right-of-way as dedicated by the applicant.
Mr. Kurt Jones, appearing for the applicant, contended a monument sign was much less intrusive
than a pole sign.
MOTION
Mr. Boyd moved to approve the setback of 10 feet, limit the wall sign to an aggregate of 220 feet
and limit the height of the monument sign to 61/2 feet in height.
Mr. Nickle seconded the motion.
The motion carried unanimously, 4-0-0.
The meeting adjourned at 4:30 p.m.