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
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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.
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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?
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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.
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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.
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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
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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.
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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.
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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 --
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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.
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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.
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