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HomeMy WebLinkAbout1999-01-04 MinutesMINUTES OF A MEETING OF THE BOARD OF ADJUSTMENTS AND SIGN APPEALS A meeting of the Board of Adjustments and Sign Appeals was held on Monday, January, 4, 1999, at 3:45 p.m. in room 111 of the City Administration Building located as 113 W. Mountain, Fayetteville, Arkansas. ITEMS CONSIDERED Minutes of Nov. 2, 1998 Hooker (BA98-32) Simmons 1st Bank (SA98-6) MEMBERS PRESENT Gerald Boyd Larry Perkins Marion Orton Bob Nickle Thad Hanna STAFF PRESENT Tim Conklin Janet Johns Mike McKimmey Brent Vinson ACTION TAKEN Tabled Approved Approved MEMBERS ABSENT Michael Andrews STAFF ABSENT None • • • Minutes of a Meeting of The Board of Adjustments and Sign Appeals January 4, 1999 Page 2 APPROVAL OF NOVEMBER 2, 1998 MINUTES Perkins: The audio recording was limited and the minutes are fragmented in a way that is quite unusual. At several points, the audio recording was not of quality to record what happened. Johns: If you would take a minute and edit what your comments were, I will be happy to amend the minutes and bring them back. Perkins: Please have those corrections by the next meeting and we will table them today. I would like for the appellants to come forward to the table. • Minutes of a Meeting of The Board of Adjustments and Sign Appeals January 4, 1999 Page 3 BA98-32: VARIANCE HOOKER, PP 484 This request was submitted by Morgan Hooker for property located at 305 West Lafayette Street. The property is zoned R -O, Residential Office, and contains approximately 0.16 acres. The request is to allow a six unit dwelling on a lot containing less than 8,000 square feet. Mr. Robert Sharp was present on behalf of the project. Staff Recommendations 1. Construction beings within one year from the date of approval of the Board of Adjustments. 2. The apartments are constructed in accordance with the plans and elevations approved by the Planning Commission. • Committee Discussion • Conklin: I would like to introduce Brent Vinson. He is the new Associate Planner. He will be taking over the Board of Adjustment duties as staff. Vinson: Originally, Mr. Hooker brought this to the Planning Commission for conditional use as an R -O lot requesting to allow a multi -family dwelling in the zone. That was granted and one of the conditions of that approval was that the Board of Adjustments approve their request to have six apartments on a lot containing less than 3,000 square feet. The ordinance states that the minimum lot area must be 8,000 square feet for three or more units. Perkins: They are short 1,030 square feet. Vinson: Staff does recommend that the request for the variance be approved. Nickle: Is there a minimum lot area for six units? Vinson: No. It falls under the three or more category. Nickle: We have seen this project before about a year ago and they were proposing to construct office. We granted a variance at that time. Vinson: There were several variances granted. There was the setback and the parking lot • Minutes of a Meeting of The Board of Adjustments and Sign Appeals January 4, 1999 Page 4 also. Nickle: How does this variance compare with what we have previously approved? Vinson: Page 1.6 and 1.7 of your packet detail those variances that were granted on May 5, 1997. Conklin: The applicant did approach us this summer and inquired as to whether the variances were still valid. At that time, we indicated they were valid. The difference is it was office use and they are now requesting residential use. Residential use has minimum lot area requirements. They do intend to use the prior approved variances in conjunction with this new project. Boyd: easement? Are the parking spaces shared with the UBC recorded in the nature of an Conklin: We do not record those at the County. We have monitored the number of shared • parking spaces granted by UBC to the various entities in the Dickson Street area. • Boyd: Since they have granted those shared parking spaces, what would happen should the UBC decide to build additional structures or sell part of the parking areas? Conklin: We are assuming that the parking will remain as it is. The parking was a requirement of the various development projects UBC has done and that should not change. They are only allowed a 20% overage. They are an organization with limited hours of operation. Boyd: Is that in perpetuity? Conklin: We do request that it be perpetuity. Boyd: Is that in the agreement? Sharp: As a practical matter, the Planning Commission discussion focused more on the five on street parking spaces adjacent to this property which we are not allowed to count under the ordinance. Should the UBC parking be used for another purpose, it will not be a crisis for this project because of the on street parking along the south side of Lafayette. There are also a couple on street parking spaces along Rollston. Perkins: The drawing on page 11 of the prospectus reflects the foot print drawn in the cross hatch is per the granted variances you received in May of 1997? • Minutes of a Meeting of The Board of Adjustments and Sign Appeals January 4, 1999 Page 5 Sharp: Yes. The cross hatched is the new building and the other is existing. Perkins: We have a letter from Mr. Smith at the UBC permitting visitors and tenants to park four cars on the church parking lot at Lafayette and Campbell. Boyd: There are 78 pledged spaces with the UBC. The larger projects without other parking is problematic for me. Vinson: One of Jose's parking agreements has not been used because they did not go through with their proposed project. Boyd: I don't think we could enforce the agreements should they decide to change it, other than the fact that you relied upon that offer. They are not paying anything. I think it would be advisable having a chat with the City Attorney. Conklin: I'll discuss this with the City Planner and follow up on your concems. • Sharp: Just for your information, the Planning Commission felt that there was adequate parking without the UBC agreement. We had a tenant lined up for the office building and when that fell through, we couldn't build the structure as an office building. The owner decided to try to build the same building, same facade, same height, with reduced area and make it into apartments. He felt that was a better investment. As residential, it needs fewer parking spaces than office Even though the city requires an 8,000 square feet lot for an apartment building, they also have a statement that we should not cover more than 60% of the lot. We are only covering 26% of the lot. The spirit of the law as far as density is being met with lot coverage. We have made every effort to make the building blend into the adjacent houses. You can review those on page 12 of the prospectus. This lot was platted before the ordinance came into effect. This will be a vast improvement over what is there presently. If you grant this request, we plan to start construction within the month. • Public Comment No one was present to comment on this project. MOTION Mr. Boyd made a motion to approve the request subject to staff conditions. Mr. Hanna seconded the motion. • • • Minutes of a Meeting of The Board of Adjustments and Sign Appeals January 4, 1999 Page 6 Roll Call Upon roll call, the motion passed with a unanimous vote of 5-0-0. • • • Minutes of a Meeting of The Board of Adjustments and Sign Appeals January 4, 1999 Page 7 SA98-6: SIGN APPEAL SIMMONS FIRST BANK, PP 135, 174 The next request was submitted by Joe Ruddell for Simmons First Bank for property located at 670 East Joyce Boulevard. The property is zoned C-2, Thoroughfare Commercial, and contains approximately 1.7 acres. The request is to allow a sign to be placed 22 feet from the property line The requirement is 27 feet creating a variance of 5 feet. Joe Ruddell was present on behalf of this project. Staff Recommendation Since the sign meet the more stringent requirements of the Design Overlay District, Inspections recommends approval of the request. Committee Discussion McKimmey: The requested sign is 32 square feet and that requires a 27 feet setback. The sign is 10 feet by 3 feet 4 inch rectangle It has some constraints in that if it is put in the island, it will over run the setback. They don't have to conform with the overlay district signage requirement. The sign is a monument style. However, they are not granted the ability to site it as in the overlay district which is 10 feet from the road. This request does meet the spirit of the overlay but fails to meet the setback required in sign ordinance. Perkins: On page 2.7, the document marked on this island between the entrance and the exist, that is the sign there. Is there any visibility problems? McKimmey: None. I have been on site and I physically checked that myself. Perkins: And overall it is a total of 5 feet 8 inches from ground level? McKimmey: Yes. Orton: What is the reason for needing it to be here? You have requirements under the sign ordinance. Ruddell: Any further back and it sits in the middle of the parking lot. There is no way to structurally place it and drive around in the parking. When we originally went to the Planning Commission, they lent the spirit of design overlay district requirements. The project is nearing completion and when we applied for the sign permit we found out the sign was not approved. • Minutes of a Meeting of The Board of Adjustments and Sign Appeals January 4, 1999 Page 8 The variance is 5 feet but it is actually 40 feet from the beginning of the road when you factor in the sidewalk and interior green space. This is a result of the widening of Joyce Boulevard. They took an additional 15 feet setback. Our right of way actually moved a total of 15 feet further back than it was originally approved. Nickle: They are not in the overlay district. McKimmey: That is correct. Nickle: They were requested to have a signage as if they were? McKimmey: That is correct. Nickle: We have copies of the minutes. The Planning Commission asked them to do that? McKimmey: That is correct. • Ruddell: We just got boxed in under the guidelines we were approved under. • Nickle: I think this is a position where the City/Planning Commission has asked them to act as if they were in the overlay district and the Bank proceeded under those requirements. Orton: I don't understand why the Planning Commission subjected them to overlay requirements that the other businesses in that area didn't have to meet. Conklin: We have Commercial Design Standards and under those requirements of out of scale and large signs. You remember when the Spring Creek Center and Wal-Mart came through and wanted to put up a pole and they were also limited to a monument sign. In trying to let those businesses in that area have signage, we try to stay consistent with what is existing. The Commercial Design Standards are more restrictive. The sign ordinance would allow for a pole sign. Ruddell: That was our original request. Conklin: Therefore, the Planning Commission determined that they would apply the more stringent of the signage requirements. Orton: Will this be consistent throughout that district? Conklin: We try. • • • Minutes of a Meeting of The Board of Adjustments and Sign Appeals January 4, 1999 Page 9 Orton: But this is not in accordance with the sign ordinance. That worries me. McKimmey: We appreciate the work of the Planning Commission. I am trying to set up a better system for laying the ground work for sign requirements to include the Planning Commission. In all good faith, they have come forward and given us a sign that meet the request. The only trouble is that this comes after the engineering has been done for the road and various other businesses in that area. It simply won't fit In light of this, I want to further recommend and ask you to consider refunding their fee. This never should have come before you in the first place. Nickle: I think this is very much a quid pro quo issue. They have complied with the City's request to use less signage. MOTION Mr. Nickle made a motion to grant the variance and refund the fee. Mr. Hanna seconded the motion. Roll Call Upon roll call, the motion passed with a unanimous vote of 5-0-0. Meeting adjourned at 4:30 p.m. • BOARD OF ADJUSTMENTS AND SIGN APPEALS MINUTES INDEX AMEND UDO §174.10 07/07/99 ARK NATL BANK BA99-19 09/07/99 ATLAS CONST BA99-11 07/07/99 BA98-23 THOMAS 06/07/99 BA98-32 HOOKER 01/04/99 BA99-2 WEDINGTON PLACE 03/01/99 BA99-3 6TH STREET DEV CO 04/05/99 BA99-3 6TH STREET DEV CO 05/03/99 BA99-4 DOGWOOD BLD 05/03/99 BA99-5 MCMAHON 05/03/99 BA99-6 ICE PLANT 06/07/99 BA99-7 BRADBERRY 06/07/99 BA99-9 VILLINES 07/07/99 BA99-10 WASHING/MADISON BAPT07/07/99 BA99-11 ATLAS CONSTRUCTION07/07/99 BA99-12 SUPERIOR FED BK ATM08/02/99 BA99-14 MARK 08/02/99 BA99-15 WILKIN 08/02/99 BA99-16 KAPPA SIGMA 08/02/99 BA99-17 COLEMAN 09/07/99 BA99-18 WADE 09/07/99 BA99-19 ARK NATL BANK 09/07/99 BRADBERRY BA99-7 06/07/99 COLEMAN BA99-17 09/07/99 DOGWOOD BLD BA99-4 05/03/99 ELECTION OF OFFICERS 07/07/99 EXXON SA99-2 09/07/99 1ST SECURITY BANK SA99-1 06/07/99 HOOKER BA98-32 01/04/99 ICE PLANT BA99-6 06/07/99 KAPPA SIGMA BA99-16 08/02/99 MARK BA99-14 08/02/99 MCMAHON BA99-5 05/03/99 SA98-6 SIMMONS 1ST BANK 01/04/99 SA99-1 1ST SECURITY BANK 06/07/99 SA99-2 EXXON 09/07/99 SIMMONS 1ST BANK SA98-6 01/04/99 6TH STREET DEV CO BA99-3 04/05/99 6TH STREET DEV CO BA99-3 05/03/99 SUPERIOR FED BANK ATM BA99-12.. 08/02/99 THOMAS BA98-23 06/07/99 VILLINES BA99-9 07/07/99 WADE BA99-18 09/07/99 WASHINGTON/MAD BAPTIST ASSOC. 07/07/99 WEDINGTON PLACE BA99-2 03/01/99 WILKIN BA99-15 08/02/99 • RULES FAYETTEVILLE BOARD OF ADJUSTMENT Article L: AUTHORIZATION The Fayetteville Board of Adjustment is established in Fayetteville Ordinance Nos. 1747 and 2252, pursuant to Arkansas State Law. (A. C. A. 14-56-416) Article II: Article III: PURPOSE OF BOARD OF ADJUSTMENT A. To hear and decide appeals where it is alleged there is error or ambiguity in any order, requirements, decision, interpretation or determination made by the Planning Administrator. B. To authorize such variances from the zoning bulk and area regulations as will not be contrary to the public interest, where, owing to special conditions, literal enforcement would result in unnecessary hardship. MEMBERS AND TERMS A. The Board of Adjustment shall consist of seven members appointed by the City Council, each for a staggered term of five years B. Members of the Board may be removed from office by the City Council - for cause upon written charges and after public hearing. The absence of any member of the Board for: 1) three of more consecutive meetings or 2) more than one-quarter of all meetings over a period of one calendar year may be deemed just cause for removal from office. D. Vacancies shall be filled by resolution of the City Board of Directors Council for the unexpired term of the member affected. Article IV: OFFICERS A. A Chair shall be elected each year for a one (1) year term commencing on the first regularly scheduled meeting of the Board after July 1. At the last called or regularly scheduled meeting of the Board in June shall, by majority vote of members present, elect a chairperson for the following year. To be eligible for election as Chair, one must be a member of the Board with at least one (1) year remaining in one's membership term. It shall be the duty of the Chair to conduct all meetings of the Board, to assure that adequate records of the proceedings and actions of the Board are kept and to represent the Board as may be appropriate in its external affairs. In the absence of the Chair from a meeting of the Board, or from the City at a time when a Board meeting may be scheduled or become • • • • Page 7 Rnard of Adjustment Rules necessary, the most senior tenured member present shall become Temporary Chair and shall call and/or conduct the meeting during the absence of the Chair. Should the office of Chair become vacant due to reasons other than normal termination of the Chair's term of office, and election of a chair to fill the balance of the term shall be held at the first Board meeting after the vacancy occurs. B. The office of secretary shall be held ex -officio by the City Planner or that person's designated representative. The secretary shall prepare agendas, keep minutes and maintain records. Article V: MEETINGS A. The Board shall meet once a month and shall meet regularly on the first Monday of each month if such day is not a holiday and if there are appeals scheduled for hearing. 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 all meetings shall be published in a local newspaper at least one day 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. D. It is primarily the responsibility of the Board to keep adequate records of its proceedings and actions. Although the Board's minutes may be taken and filed by a member of the staff of the City Planning Office, the minutes of each meeting shall be reviewed by the Board and shall become the official, public record of the Board's proceedings and actions when approved by a majority of the members of the Board present at a regular meeting. Article VI: QUORUM AND VOTE A. A quorum for the transaction of business shall be four 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 present and voting. Any member of the Board who has an economic interest in any property or decision before the Board shall be disqualified from discussing or voting on such matters. B. These rules may be amended or modified by an affirmative vote of not less • than five members of the Board. Pau 1 Rnard of Arljnctment Rules 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 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 privileged 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 effectiveness of the ruling. The Chair shall expedite all hearings, confining them to the presentation of only essential matters in the interest of saving time, but entertain 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 a hearing. D. Each meeting of the Board at which applications for variances or appeals of decisions of the Planning Administrator 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 all other persons 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 each application of appeal presented at the meeting the public hearing portion of the meeting will be terminated and the deliberation and decision portion will begin. The Chair may permit variations in the order of presentation, in the event the Chair deems it expedient of otherwise justified. Although the deliberation and decision portion of the meeting shall be open to the public, comments from the applicant, appellant or others, not members of the Board, who may be present will generally not be permitted during the deliberation and decision portion unless specifically invited by the Chair. • • • • • Pagr 5 IRnard of Adjustment Riles 2. If re -advertising and renotification of property owners is required, the applicant or appellant shall bear the burden of that cost. Article XIII: APPEALS Any person or persons, or any board, taxpayer, department or board of the city aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision in the manner provided by state law. These rules adopted by the Fayetteville Board of Adjustment on this day of 19 . Mr. Larry Perkins, Chair H:\USERS\COMMON\PLANNER\BYLAWS\BOARULES. WPD