HomeMy WebLinkAbout2001-08-06 Minutes•
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MINUTES OF A MEETING OF
THE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on Monday, August 6, 2001, at 3:45 p.m. in
Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
ITEMS CONSIDERED ACTION TAKEN
Approval of the Minutes
Page 2
VAR 01-17.00: Variance (Bank of Arkansas, pp 213) Approved
Page 3
MEMBERS PRESENT MEMBERS ABSENT
James Kunzelmann
Michael Andrews
Thad Hanna
Marion Orton
Michael Green
Larry Perkins
Joanne Olszewski
STAFF PRESENT STAFF ABSENT
Dawn Warrick
Sheri Metheney
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Approval of Minutes
Green:
1'l1 call the meeting to order. I'm acting Chairman Michael Green today in the absence
of our Chairman, Larry Perkins. The first item of business is approval of the minutes of
the July 2, 2001, meeting. Are there any corrections to be made? Hearing no
corrections, we will enter those into the record as approved.
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Board of Adjustment Minutes
-3trif6, 2001
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VAR 01-17.00: Variance (Bank of Arkansas, pp 213) was submitted by Terry Smethers on behalf
of the Bank of Arkansas for property located at 3500 N. College. The property is zoned C-2,
Thoroughfare Commercial and contains approximately 1.80 acres. The requirement is a 65' front
setback (50' standard with an additional 15' necessary to accommodate the City's adopted Master
Street Plan). The request is for a 20' front setback (a 45' variance).
Green:
Item number one of our agenda is VAR 01-17.00 submitted by Terry Smethers on
behalf of the Bank of Arkansas for property located at 3500 N. College. The property
is zoned C-2, Thoroughfare Commercial and contains approximately 1.80 acres. The
requirement is a 65' front setback (50' standard with an additional 15' necessary to
accommodate the City's adopted Master Street Plan). The request is for a 20' front
setback (a 45' variance).
Warrick. I first would like to make sure that all of the Board members present received an
amended addendum to your staff report. Initially, 1 crunched some numbers incorrectly
so 1 made some changes. Based on that, we are looking at a request, as you stated, for
a 20 foot front setback which, with the Master Street Plan requirements would be a 45
foot variance. This project site is located at the Bank of Arkansas which is at the
northeast corner of College Avenue and Millsap. The bank sits up on a hillside and
utilizes the hillside with drive-thru's underneath on the northwest side of the building and
then there is parking and the main entrance off of Millsap on the south side of the
building. The current ATM for the facility is located at the drive-thru's down below.
The applicant has requested this variance in order to accommodate their proposed
location for an ATM at the parking area above, which is off of Millsap Drive. The site
plans that are probably best reflective of the applicants request are on page 1.10a,
which is the revised page that was sent in, and you can also see on 1.10 the proposed
location. The applicant proposes to utilize existing landscaped islands within the
parking area to locate an ATM. Staff has recommended against the applicants
submittal because we did feel that there was an alternate location within the parking
area, within the landscaped median of the parking area that would satisfy what we felt
to the be the needs of the applicant. Of course they know their needs better than we
do. It would also satisfy the City's requirements with regard to setbacks. The reason
that the setbacks are 65 feet from the front property line as opposed to 50 feet which is
the standard commercial setback is because Millsap Road is classified on the City's
Master Street Plan as a collector street. It does not currently have the right-of-way
necessary to be built to that collector street standard and requires an additional 15 feet
adjacent to this property. By state law, when a city has adopted a Master Street Plan,
we are required to take setbacks as if that street plan were enacted, as if it were built
out, so that in the future, when Millsap does develop, which we fully expect it to do but
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Page 4
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we don't know when, as a collector street we are not causing undo burdens on the City
or on property owners in having to relocate structures or damage the existing structures
that have been placed within those areas that would be setbacks if the street were
completely built out. In the interest of maintaining the integrity of the City's Master
Street Plan, staff did recommend denial on this request. We feel like there is alternative
and it's identified on one of your site plans as a different area within the landscaped
island in the parking area. I know that the applicant would like to address you and talk
about their proposal and the reason that they selected this particular site. If you have
any questions for me I would be happy to answer them.
Green: Are there any questions of Dawn at this time? Would the applicant like to address their
proposal?
Smethers: Yes. My name is Terry Smethers, I'm the one that filed the application. I have these
pictures that 1 would like to pass out to show you why we proposed the spot that we
proposed. We originally looked at that spot and then this for the simple reason of
safety of customers. The location staff has proposed, the frontage on it where the cars
would line up and go to the ATM has been a turn -around where you would enter on
one side and exit on the other side for the past 20 or so years, customers are used to
this. Also, to use the ATM, the customer would have to be on the left hand side of the
road where they should be at the time that they would drive through there. Also, if you
will look at the pictures, it is right in the entryway of the bank or right close to it.
Customers parking on the east side of the island would have to go around the ATM,
around any cars that are there, to get up to the bank. The way we have it set up in the
original application, they could come in, do their business, come out the other way.
They would not enter into any type of traffic pattern of pedestrians. Besides that, it is a
lot safer for everybody concerned because they are out of the way. That was our main
reason for going there, the safety factor. You don't have anyone competing for the
space in which they would be or anything like that. Plus the fact that it is better visibility
at night where, in case something was to happen, I know it hasn't around here but it has
in other towns where someone is getting money out of the ATM and someone comes
up and sticks a gun in their face and tries to get more. This up here is away from where
people can see, the staff recommendation. This out there is visible from all streets,
Millsap, Front and College. That is our primary reason.
Hanna: Is the proposed location right here where the tree is?
Smethers: No. The proposed location is here.
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Hanna:
Smethers:
Hanna:
Smethers:
Hanna:
Smethers:
Hanna:
Smethers.
Dunn:
Green:
McMahan:
Green:
McMahan:
I'm talking about staff proposal.
Staff's proposal is right in the center of that island there.
How does the traffic flow this way?
They go both ways. Traffic will come in this way and then exit this way, traffic will
come in this way and go around this way.
You always have traffic coming this way?
Right. We don't have anything here. This way we are taking out three parking spaces
which we are using the ATM lane down here to increase our parking spaces by three.
So they shut this lane down?
Yes.
My name is Jeff Dunn. We have three or four armored car deliveries a day that just
park off to the front door, we have deliyeries, couriers, Fed -Ex, UPS trucks, that all
use the front area and park by the door to drop of things. Our concern was if you stick
another lane through to come in, it's going to complicate the problem for those cars
going through there and customers parking and have to walk through, plus cars using
the ATM machine.
What would be the difference or the trade-off in leaving this parking extended out to the
island as it is and taking those two parking places off the end so you can increase the
width of that lane? In other words, move your drive lane from there down to there. It
looks like that would be the same number of parking spaces.
I'm Ron McMahan with the Bank of Arkansas. It's 20 feet from the front here to here
and by setting this further back, we need a straight line to stack a couple of cars into if
you are waiting to use the ATM. You need to be encroaching this way. It would tend
to cut off two more spaces plus these spaces.
Yes, with the two spaces you would cut off here, you would be able to retain up here.
That's true. It's just pulling your traffic down to the front of the building instead of
keeping your ATM traffic here and then keeping this for customer and pedestrian
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Dunn:
Green:
Smethers:
Orton:
Smethers:
McMahan:
Hanna:
McMahan:
Hanna:
McMahan:
Hanna:
McMahan:
traffic. We have quite a few elderly customers and it's dust getting in and out of the car
and to the bank and back to their car safely.
We have a lot of people that obviously park right here and have to walk across where
the ATM people coming out, plus all the other cars that come through this lane. In
addition to the people walking of course is security. I think if you saw the bank and see
this area right here, it's kind of shielded. What you don't see, there is a huge tree right
here that's pretty wide. You really can't see that entrance that well from the streets.
For security purposes there is all kinds of places to hide over here, bushes and it's
around the corner and it's just not as safe for the consumer after hours. Obviously if
you are out here you are little more visible.
You would have to add some additional lighting in order to comply with the banking
regulations anyway for an ATM?
The ATM itself has lighting around it. Another other thing, this way we basically keep
everything out of the way of the traffic.
Suppose that street widened in a couple of years, where are you going to put this?
Have you thought about doing it complying with the regulations?
We have thought about that and that was one of the reasons why we discarded putting
it up there. If it comes up, we'll move it at that time and we'll just have to determine, at
that point where we will put it.
It's a machine. I could move that ATM and pad overnight just about.
The concrete pad is poured and the machine is built on it?
That's correct.
It's not really attached to the ground, is that correct?
The machine is attached to the slab. It's bolted in. It has power, security and
telephone. It's attached to the pad so somebody doesn't want to take it with them.
That would be your cost you understand?
We understand. Believe me, it's a deal we try to make with every municipality that we
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Board of Adjustment Minutes
6, 2001
Page 7
Orton:
go into. If you need space we can move it. It's not that hard to move. We would be
more than happy to do that. We are mainly concerned with the safety of our
customers.
I wonder how many of these ATM the City is going to have to ask to change through
the years. I think there has been some others. Do we have regulations? I think there is
some problem here if we have a list of 15 different ATM places that are going to have
to change in the next 10 years.
Warrick. I will say that in the past the Board has granted variances for ATM's. I don't know if
any of them have specific requirements on them, I didn't look back to too many of them
to see whether or not there were any statements with regard to whose responsibility
relocation or any costs incurred therefore would be, at the time that something needed
to be moved. For this particular applicant I did make a recommendation that if the
Board chooses to approve the variance request that three conditions be placed on that
and one of those would be that any cost incurred with relocating the ATM or new
landscaping at the time Millsap is built out, would be incurred by the bank and they
understand that.
Hanna: One that specifically comes to mind is Community Bank out on Wedington. They were
actually leasing space from the car wash
Warrick: There was also one at the corner of 6th and Razorback, in the location the car wash is
in, Superior Federal machine is in that location.
Hanna: Both times, it was really traffic flow as far as safety, pulling off of Razorback. Every
time, one of the contingencies was on the widening of Wedington or the widening of
Razorback, the big deal was the City wanted to be held harmless if they have to move
that in the future.
Orton:
When I was out there looking at it today, when you go from the wide street to the stop
light and then you go to the narrow Millsap, you wonder "This really should be widened
soon." Maybe widened just up past your place because of that traffic problem.
Warrick: Millsap is designated on the Master Street Plan to be a collector. Right now it dead -
ends at the church to the east of this property. It's proposed to turn through that
church property and travel to the north across the creek and connect to Joyce
Boulevard. That is the way that the Master Street Plan designates Millsap to be
continued in the future. A lot of obstacles are in the way, you've got a lot of
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Orton:
Warrick:
Dunn:
Warrick:
Dunn:
Green:
topography plus a bridge and an area that's not been developed yet that are all going to
have to be dealt with at the time that future development occurs and it's enough
development to cause the need for Millsap to be continued. I feel like it will happen,
it's just not something that will happen tomorrow.
What I'm saying is, it could be just a piece of it right there where the traffic problems
are, could be done much sooner.
There's always that potential and, my prediction, it would be a situation that the City
Council saw a need for that particular area to be further developed or widened out and
improved and it would most likely be placed on the capital improvements project list for
the Council to look at for funding during a budget cycle.
Right when you get past the bank it's really not that much traffic.
There is a realtor and a couple of houses and the church.
That's all there is once you get past the bank. Most of the traffic is right at Front Street
before you get to the light.
From a safety standpoint I'm wondering the visibility off the end of this for traffic pulling
out, isn't that going to have some kind of a conflict with the people pulling into the bank,
if you had someone pulling out from the ATM?
McMahan: They are set back in their car, you've got a pretty good field of view right there. The
island can come back. We wouldn't put anyone in harms way.
Green:
McMahan:
Green:
I would think that could be as big of a safety issue as the other. As soon as some
vehicles pull out they are going to be right in that front lane.
It's pretty well open right there.
The other issue is part of the reason you need this visibility is security. It is for security
or visibility of what's going on there, another thing is for advertisement of your ATM,
you want to make sure it's visible and everybody knows.
McMahan: ATM's are funny, people tend to know where they are at. Once they use them, they
know exactly where it's at.
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Green: We are not getting into a sign ordinance issue here with all the signage that close to the
street?
Warrick: We have not reviewed the proposal for sign ordinance compliance. At the time of
building permit that will be looked at.
Andrews: My assumption is that once the building is there that the sign ordinance allows signs to
be attached to the building?
Warrick: They will be permitted to have signage on the ATM, depending on the percent of wall
coverage is what will have to be factored in for sign permitting purposes.
Green: Any other questions or comments from the Board? Is there a motion one way or the
other?
Orton: I'm afraid I'm just not convinced there is not another way of doing it with all of that
space there.
Hanna: I'll be honest, I don't have time to go out there and see what the traffic flow is. These
guys are business owner's, they understand the cost involved in putting this thing there.
I don't think their motive is to put a sign out on College Avenue, I think it's to have a
convenient location that's safe for their customers. Every time we've had one of these
come forward for an ATM machine, we sort of relied on the people asking for the
variance. This makes sense to me, I didn't sit and watch the traffic but their
presentation makes sense to me. The only risk I see there is one or two years,
whenever they decide to widen Millsap, it has to be moved and they are going to have
to move it.
Kunzelmann: Any alternate locations right now would require reworking part of the parking lot, when
Millsap is widened part of the parking lot is going to have to be reworked anyway. It
seems to me if they are willing to incur the cost of moving the machine that it should just
be reworked at the time Millsap is widened.
McMahan: That was our thought. If it came to widening Millsap we have a whole raft of problems.
Dunn: Which we would see as a benefit as a business owner.
McMahan: If you widen Millsap it's going to increase the traffic.
Board of Adjustment Minutes
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Dunn:
It would increase at our location so it would be a small price to pay to get that widened.
I don't know when it will be widened, I would think when they get the road plan and
get that funded would be the logical time to do that.
Warrick: I think we are looking at quite a bit of time. I think that it's going to hinge, at least to
some degree, on the amount and timing'of development along Joyce, further north of
the site.
MOTION:
Hanna: I'll make a motion we accept the variance as requested with a stipulations one, two and
three in the staff report.
Kunzelmann: I'll second.
Green: There's been a motion and second to approve the variance, is there any other
comments? Call the roll.
ROLL CALL:
Upon roll call VAR 01-17.00 is approved by a vote of 5-0-0.
Green: Is there any other business that should come before this body?
Warrick: That's it.
Green: Hearing none, we are adjourned.
BOA Mtg.
8-6-01
VAR 01-17.00
Bank of Arkansas,
pp 213
MOTION
Hanna
SECOND
Kunzelmann
L. Perkins
Absent
M. Andrews
Y
M. Green
Y
T. Hanna
Y
J.
Kunzelmann
Y
J. Olszewski
Absent
M. Orton
Y
ACTION
Approved
VOTE
5-0-0