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HomeMy WebLinkAbout1999-07-07 MinutesMINUTES OF A MEETING OF BOARD OF ADJUSTMENTS A regular meeting of the Board of Adjustments was held on July 7, 1999 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS CONSIDERED June 6, 1999 Minutes Election of Officers BA99-9: Villines, pp317 BA99-10: Washington/Madison Baptist Assoc., pp404 BA99-11: Atlas Construction, pp252 MEMBERS PRESENT Michael Andrews Thad Hanna Bob Nickle Marion Orton Larry Perkins STAFF PRESENT Tim Conklin Janet Johns Bert Rakes Brent Vinson ACTION TAKEN Approved Perkins remains Chair Approved Approved w/PC cond. Approved MEMBERS ABSENT Gerald Boyd Michael Green STAFF ABSENT • Minutes of Board of Adjustment July 7, 1999 Page 2 APPROVAL OF JUNE 7,1999 MINUTES Perkins: The first item of business is to approve or make changes to the Minutes of the June 7th meeting. Everyone should have been mailed a copy of that. Are there any changes? There being none, if you would enter those into the record as submitted. ELECTION OF OFFICERS Perkins: The next order of business is the nomination and approval of a new chairperson. The floor is open for nominations. Nickle: Are there any volunteers? I can't do it. Perkins: Mr. Nickle is ineligible because his term will expire in less than 1 year from the date of nomination. Mr. Boyd also falls into that same category. Normally, it would be the person absent who gets nominated. Nickle: Would you be agreeable to remaining our chair? • Perkins: Sure. That would be fine. Nomination Mr. Nickle nominated Mr. Perkins for the coming term Mr. Hanna seconded the nomination. Roll Call Upon roll call, Mr. Perkins was unanimously elected to serve the term as chair. • • Minutes of Board of Adjustment July 7, 1999 Page 3 BA99-9: VARIANCE VILLINES, PP317 This item was submitted by Danny Villines for property located at 1783 N. Crossover Road The property is zoned C-2, Thoroughfare Commercial and contains approximately 1.29 acres. The requirements is a front setback of 50 feet from the street right of way and the request is for a 30 foot variance to allow a 20 foot setback. Matt Lawrence was present on behalf of the request. Staff recommended approval of the request. Board Discussion Perkins: This is a variance request to alter the amount of setback. Conklin: This is a setback variance request due to the Arkansas Highway and Transportation Department acquiring additional right of way on Highway 265 for the widening. This is across the street from the Harps. It's the Express Lube and the Sonic Drive In. The highway department has acquired an additional 10 feet of right of way on Highway 265. Our master street plan requires 55 feet from centerline and if you refer to page 2 10 in your agenda it shows an illustration of what the highway department will acquire and what the city's master street plan also requires. I have included the additional 5 feet of right of way on our master street plan that would result in a 20 foot setback or a 30 foot variance. I included that in because we do have an official plan that has been adopted and at this time, we would like to take care of that additional requirement. Staff is recommending approval of the variance. We fell like the building location where they are currently located will be appropriate even after the highway is widened and if it is ever destroyed or damaged, that rebuilding in this location would be appropriate. Once again, it is the highway department that is acquiring the right of way that has resulted in the need for the setback variance. Andrews: The property is currently in compliance with all setback requirements but on page 2.2 it says that at the time the buildings were constructed... they were encroaching into the building setback by 5 feet. Conklin: Based on the highway department drawings, it did show that the buildings were encroaching partly into the setback. I could verify whether or not that there was a mistake at that time they built the structures. What was given to us was the 50 foot setback. I'm not sure what happened with regard to -- Perkins: It says something about 45 feet? • • Minutes of Board of Adjustment July 7, 1999 Page 4 Conklin: So it's 45 feet there. Currently, they are encroaching into the existing setback based on the highway department drawing on page 2.10 which was provided by the highway department. Nickle: Did Sonic undergo a remodel recently? Conklin: Sonic is refitting all their store with a new facade. This would work. Lawrence: I'm here for Mr. Villines who could not make it in today. We are here because my department is in a position where we have to come in and figure out what the value of the property is going to be. Without knowing whether we have a variance or not will make a huge difference. Public Comment None. Further Board Discussion Nickle: If we grant a 30 foot variance, would that be for the existing or like in front of the building there? Conklin: Our recommendation was to grant the variance as shown on the site plan for the existing buildings. It would grant a variance completely across the front of this property. Nickle: If something happened, could they rebuild it? Conklin: Yes, they could rebuild them in those locations. Perkins: Is this for 2 businesses? Conklin: That is correct and it include the covered parking as part of the Sonic. Andrews: If and when the streets does go through there 4 lanes, the landscaping that is right there in front of the street, is that going to affect that in any way? Lawrence: It potentially will. There is a possibility that some of it will have to move back. The other issue that will come up if and when they actually widen, is the angle to get into the Sonic. It affects where the curb cuts are and how they will be cut. It could be some of that landscaping is moved. As you can see, that is a big corporate movement right now to make sure that they are very user friendly and that they are very nice. • • • Minutes of Board of Adjustment July 7, 1999 Page 5 Conldin: This is not the only structure that will be impacted by that widening. I know Mcllroy Plaza to the north will be impacted, too. Nickle: How long have these building been there? Conklin: Since '96? MOTION Mr. Nickle made a motion to approve the variance request to allow a 20 foot building setback. Ms. Hanna seconded the motion. Roll Call Upon roll call, the motion passed with a unanimous vote of 5-0-0. • Minutes of Board of Adjustment July 1, 1999 Page 6 BA99-10: VARIANCE WASHINGTON/MADISON BAPTIST ASSOCIATION, PP404 This project was submitted by Kirk Elsass of Lindsey and Associates on behalf of Washington/Madison Baptist Association for property located at 1211 James Street. The property is zoned R-2, Medium Density Residential and contains approximately 0.66 acres. The requirement for Professional Office is a 1 acre minimum lot size in an R-2 zone. The request is for a 0.66 acres lot which is a variance of 0.34 acres. Staff recommends approval of the variance request to a .66 acres lot for professional office in a R-2 zone. Kirk Elsass was present on behalf of the request. Board Discussion Perkins: Does staff have any other input on this? • Conklin: Under R-2 zoning, the minimum lot area is 1 acre in size for a professional office On June 14, 1999, the Planning Commission approved a conditional use for a professional office in this building subject to the Board of Adjustment granting the variance. The lot is currently .66 acres and that is a .34 acre variance. Staff recommends approval. This property currently is being used a church for the Redeeming Love Fellowship Church. Apparently it was used as an office building in the past. It's on James Street. Harp's is to the east. If you go west on James Street, you dead end into the College Park Apartments. As staff, we don't see why we would prevent them from using it as an office. The 1 acre minimum lot area -- I'm unsure where that requirement actually came from in the R-2 zoning district. This .66 acre lot seems to work for an office building and staff does recommend approval • Perkins: The square footage meets the requirements in general for overall lot size? Conklin: Yes. There is an existing parking lot. There are existing, mature pine trees along James Street that they are preserving. Overall, it seems to work within this R-2 area Perkins: The conditional use is for an office only? Conklin- It's a conditional use for a professional office under R-2 zoning. Orton: Are there any problems with the 5 points of approval. Conklin: Those were conditions that were attached to the conditional use by the Planning Minutes of Board of Adjustment July 7, 1999 Page 7 Commission and the applicant has agreed with those conditions. MOTION Mr. Andrews made a motion to approve the variance request and allow the .66 acre lot to have a professional office. Ms. Orton seconded the motion. Roll Call Upon roll call, the motion passed with a unanimous vote of 5-0-0. • • • • Minutes of Board of Adjustment July r/, 1999 Page 8 13A99-11: VARIANCE ATLAS CONSTRUCTION, PP252 This item was submitted by Dan Ferguson of Atlas Construction of Arkansas LLC on behalf of Harold & Terri Belote for property located at 1120 Oaks Manor Drive. The property is zoned R- 1, Low Density Residential and contains approximately 0 34 acres. The requirement is an 8 foot side setback and a 20 foot rear setback. The request is for a 5 foot side setback (3 foot variance) and an 9 foot rear setback (11 foot variance.) Dan Ferguson was present on behalf of the request. Staff recommends approval of the requested rear and side setback variances as shown on the site plan for the storage building. Board Discussion Conklin: This utility building was recently constructed and the applicant didn't realize that it was required to meet setbacks. It's located -- we conducted a site inspection and did note that this backyard does slope down towards the rear property line and there is an existing tree. This location, the storage or utility shed would be more appropriate in this location of the yard than to have them bring it back up into the yard where it would be sitting higher and more visible to the neighbors. They have indicated in their letter to us that the neighbors are in agreement with the location and therefore, staff is recommending approval for the location of the storage shed as shown on the site plan. Vinson: I did speak to both neighbors that are closest to the storage building and they were in agreement that was the proper place for it to be located. Perkins: For what reason? Vinson: So that they wouldn't see it. Perkins: I was wondering. That was kind of curious reason that the neighbor wanted it there. Vinson: The neighbor at the back can see it no matter where it's located. She says it's fine where it's at. The neighbor to the east said he was fine with it. Conklin: This is unique in the fact that it could be relocated but it's going to be up high and • more visible. I think this benefits the neighborhood to have it in this location rather than making them comply with the setback. • Minutes of Board of Adjustment July 7, 1999 Page 9 Perkins: They have the one mature tree right there to the west of it. Atlas has never had this come up before? Never in all the houses you've built? Ferguson: No. This is just a little storage building and we didn't realize -- I didn't think it had to meet the setbacks. Perkins: It has a fairly, semipermanent look to it. It's wooden -- Ferguson: It's got 6 x 6's undemeath it. Perkins: Are there any utility easements to be concerned with? Conklin: There is a utility easement on the north side of the lot. It is a 5 foot utility easement on each side. They are outside the easement. There is an overhead electric line that is running east west along the north property line. The owner of the house has invested quite a bit of money in remodeling and it looks really nice. Perkins: Do you foresee any problems with a precedence that we might be setting on utility • buildings? You feel this one has enough compelling reasons that it shouldn't be -- • Vinson: Because of what the neighbors have said about it and because it is at the low spot in the back yard which makes it less visible, and because of the mature tree. Nickle: One reason that we have setbacks typically is to allow access appropriate to the fire department or something like that. This obviously isn't going to block anything like that which is certainly an important reason for those side setbacks. Every time we pass something you could say we set a precedent. Conklin: I looked at this. I went out there and met with the owner because I was concerned about making a recommendation for approval on a storage shed. After going out there and seeing where it would have to be to meet the ordinance requirements, this, I feel, is the better location. Nickle: Things should make common sense, regardless, of what an ordinance might dictate. We have to look at that and use our common sense and I think staff has done that. Orton: That is why there is a Board of Adjustments. Ferguson: This is not a cheap building. It matches the house. If you're driving by from the main road and looking down, your line of sight actually is over the top of it. • • Minutes of Board of Adjustment July 1, 1999 Page 10 Perkins: Will the fence be finished to the east and west? Ferguson: There is a fence to the east. The back is not fenced. I'm not aware of any fencing to be done. MOTION Mr. Nickle made a motion to approve both the 3 foot and 11 foot variances thereby allowing a 9 foot rear setback and a 5 foot side setback. Mr. Hanna seconded the motion. Roll Call Upon roll call, the motion passed with a unanimous vote of 5-0-0. • • • Bc eD of Act. / 7Ii 199 / PAGE 1 of Z ESN OF OFAC S : CNA'e BAS -9 VILLI tiES 6A99- 10 Wm&q M. ANDREWS y y y G. BOYD AEaxr AST Adam T. HANNA V \J B. NICKLE \/ M. ORTON Y \/ \ K. PERKINS AKSTAINS \I y APPCOVI2b Afisla2Val Ac vap BDAeDOrPat /-71,/99. / P/- r- ZopZ 6c-11 kruots M. ANDREWS \f G. BOYD Assarr T. HANNA B. NICKLE \// M.ORTON \I K. PERKINS APPEOVaD