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HomeMy WebLinkAbout1981-11-09 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held at 5:00 P.M., Monday, November 9, 1981, in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Ernest Jacks, Morton Gitelman, Joe Wilson, Newton Hailey, David Williams, Windell Cullers, Elizabeth Crocker. Commissioners Martin Redfern and Don Hunnicutt arrived late. MEMBERS ABSENT: None. OTHERS PRESENT: Bobbie Jones, Cynthia Stewart, Bill Kisor, Bob Mayes, Dale Ward, and other members of the press and audience. The minutes of the Planning Commission Meeting of October 26, 1981 were approved as mailed. MINUTES The next item of business PRELIMINARY PLAT was the approval of the preliminary STONE GATE plat of Stone Gate located North of BILL MARTIN Highway 45 East and East of Highway 265; Bill Martin, Owner and Developer. Property zoned R-1, Low Density Residential District. Chairman Ernest Jacks stated he had received a copy of a written request that this item be tabled due to the owner and developer being out of town. Beth Crocker moved the approval of the preliminary plat of Stone Gate be tabled. Morton Gitelman seconded. The motion passed (7-0). The next item of business was CONDITIONAL USE REQUEST the conditional use request submitted by SEQUOYAH UNITED METHODIST Sequoyah United Methodist Church located at ADDITION TO STRUCTURE 1910 Old Wire Road North. Applicant proposes to add two classrooms to existing building. Property zoned R-1, Low Density Residential District. Bill Kisor was present to represent. The Chairman asked Bobbie Jones if adjoining property owners had been notified. Bobbie Jones replied they had. Bill Kisor addressed the Commission. He stated the classrooms to be added on to the existing building will be solely for Sunday School purposes. They will, in essence, square up the building. The Chairman asked if this was an existing Conditional Use. Bobbie Jones replied that when the Church building was constructed, the property was zoned P -1A, under the ordinance prior to 1970. After 1970 the property was zoned R-1. She stated she had inquired about what shows on the plans as future construction, but there are no firm plans on the future construction according to Delvin Nation. The classrooms will be 20 ft. x 20 ft. each. Ms. Jones stated she would not have been compelled to hold this hearing, had a conditional use been approved since 1970, and if the church had been able to meet the 50 ft. setback. Iget • • • Planning Commission Meeting November 9, 1981 Page 2 Bill Kisor assured the Commission there would be at least a 50 ft. setback. David Williams moved the conditional use request be approved. Newton Hailey seconded. The motion passed (7-0). The next item of business was CONDITIONAL USE the Conditional Use Request ANTIQUE SALES AND REPAIR submitted by Stuart Compton to 208 NORTH BLOCK change nonconforming use of property at 208 North Block Avenue from warehousing and wholesaling use to sales and service of antiques: including repair and refinishing. Property is zoned R-0, Residential Office District. Stuart Compton was present to represent. The Chairman asked if adjoining property owners had been notified. Bobbie Jones stated that all surrounding property is owned by the same individual. Mr. Compton stated he had nothing further to add, but that he is available to answer any questions. Bobbie Jones stated the Planning Commission can O.K. this change in nonconforming use if it is determined to be equally as or more appropriate than the previous use Jacks asked if there was anyone appearing in opposition to the request. There was no opposition. Beth Crocker stated anything stored outside the building would have to be screened from view according to the ordinance. Bobbie Jones stated that is correct, however, she had told Mr. Compton he may leave the overhead door raised. Morton Gitelman moved the change in nonconforming use be approved. Beth Crocker seconded. The motion passed (6-0-1) with Windell Cullers abstaining, due to an interest in the request. Martin Redfern arrived at 5:06, P.M. The next item of business VARIANCE - MINIMUM LOT SIZE was a request for a variance from the FOR LOT SPLIT lot size requirement applicable to a lot DALE WARD split submitted by Dale Ward for property North of Dowell Road, East of Highway 71 By -Pass, and West of Old Wire Road South. Property is zoned R-2, Medium Density Residential District. Dale Ward and J. 0. Richardson were present to represent. Bobbie Jones explained this lot split will have to be approved by the Board of Directors because of the size of the lot created which will be served by septic tank. Ernest Jacks asked if the easement located on the East side of the property is necessary for access to the property. Bobbie Jones stated the 20 ft. has been dedicated, she was not sure if it was street easement or.sone)other type of easement, only that it is presently dedicated to the City. Jacks stated it is his understanding that Mr. Ward will retain the existing house, which will be served by the easement. Ward stated that is correct. Redfern asked if the proposed new lot will front on Old Wire Road. Bobbie 190 Planning Commission Meeting November 9, 1981 Page 3 Jones stated the portion of the lot being purchased by Mr. Richardson will front on Old Wire Road, the portion retained by Mr. Ward will not. Beth Crocker asked if the lot has City Water, Ward replied that is correct. however, it is served by septic tank. Windell Cullers moved the request for variance for the minimum lot size for a lot split be approved. Morton Gitelman seconded. The motion to approve passed (8-0). Don Hunnicutt arrived at 5:15 P.M. The next item for consideration VARIANCE - MINIMUM LOT SIZE was the request for variance from the lot FOR LOT SPLIT size requirement applicable to a MUREL E BEAVER lot split submitted by Murel E. Beaver for property North of County Road 667 and West of County Road 649 (outside the City). Bob Mayes was present to represent. Beth Crocker asked Bobbie Jones if the opinions of Bud Allen and Don Bunn had changed between the first submittal of the request for waiver in..October and the last in November. Bobbie Jones stated the second request comes from an error in the legal description's point of beginning. Bobbie Jones...stated there were two splits requested on the original tract of land. One of the splits was processed in the Office of City Planning, this particular splitsrequires Planning Commission approval for a waiver of the minimum lot size for a lot split. Williams asked how many acres would have been needed in order for this split to be processed without Planning Commission approval, Bobbie Jones stated since this is the second split, there would have to have been 10 acres to create two five acre tracts. Bob Mayes addressed the Commission. He stated the split performed by Ms. Jones which did not require Planning Commission approval was for two 4.45 acre tracts. This was split due to an estate settlement and was divided between a brother and sister. He stated this split is for one of those tracts. The lot in question is served by septic tank and meets the minimum 1 5 acres for a lot served by septic tank, but does not meet the minimum land area for a second split. Morton Gitelman stated he believes some land in this area lies in the Owl Creek Flood Plain. He asked Bobbie Jones if any of this property is located in the Flood Plain. Bobbie Jones stated this property is located outside the City Limits, and she does not have access to Flood Plain information outside the City Limits. Mayes stated he believes the Northern portion of the property may be located in the Owl Creek Flood Plain. Windell Cullers moved the request for waiver of the minimum land area for a lot split be approved. David Williams seconded. The motion passed (8-1) with Beth Crocker casting the "Nay" vote. She stated she was against having a well and a septic tank located on 1-1/2 acres. Newton Hailey stated he was not at the meeting where the Landscape Ordinance was tabled, he stated he would like to see it taken off the table. He said interest has been shown OTHER BUSINESS LANDSCAPE ORDINANCE 111 • • • Planning Commission Meeting November 9, 1981 Page 4 by the Board of Directors and that he would like to see the drafting of the ordinance pursued. Morton Gitelman gave a PROPOSED AMENDMENT TO ORDINANCE brief report on the progress being made CONCERNING NONCONFORMING LOTS by a Committee consisting of Windell Cullers and himself, set up to study the possibilities of getting relief to persons owning lots created prior to the present zoning ordinance. Gitelman stated the problem faced by the Committee is that under the nonconforming use statutes in Arkansas, before a variance can be granted, there must be a showing of hardship in relationship to the property. For instance, a person can have a piece of property already subdivided with an existing house on it, which is in conformity with the established properties in the neighborhood, yet he cannot plan an addition or extension to his house because the zoning ordinance requirements have been increased since the house was built. The person must show a hardship. Where the setback may have been 15 ft, when the house was constructed, it is now 20 ft., and the person cannot get a variance because there is no hardship. The question is whether it would be possible or legal to put a provision in the ordinance to allow that type of building permit to be issued without the variance from the Board of Adjustment. Gitelman stated in his opinion, it would be legal, by putting something in the ordinance that does not require a hardship. For instance, in Article 4, Owner Occupied nonconforming residences. This was passed in 1972 and allows for the expansion of up to 25% of the square footage of the structure, if it meets the requirements in existence in 1972, even if they have increased since 1972. Another question raised in Committee was whether or not a building permit could be issued on the basis of the setbacks that were in effect at the time the house was constructed, rather than having to seek a variance from the Board of Adjustment. Gitelman stated that if the Planning Commission feels this would be a good thing, that the Committee would work something up. Ernest Jacks asked what about houses that were built prior to any zoning ordinance. Gitelman stated there could be things considered such as houses on either side, or a cut off date could be incorporated into the ordinance, or it could be left to the Board of Adjustment to decide. Jacks stated the Commission is being asked whether or not it wants houses built under the old ordinance to be expanded or added to. Bobbie Jones stated in many parts of town the side yard setback is 5 ft. or less, if they wish to add a room, they naturally want it to be flush with existing walls. Under the ordinance, these persons would either have to jog the wall to meet the current setback requirements, or seek a variance from the Board of Adjustment. Gitelman felt that most problems of this type come up in residential neighborhoods he wondered if the Commission wanted the amendment to be retroactive. Beth Crocker stated leaving the situation the way it is, is not encouraging people to utilize older properties. She felt this would be an even bigger problem when streets start being widened. Gitelman stated when the Master Street Plan was adopted in 1970, there was a lot of opposition to the designation of Maple Street as a 60 ft. right of way from persons living in the neighborhood, as many of their houses were presently only 10 ft. from the street line. ;q2 • • Planning Commission Meeting November 9, 1981 Page 5 Cullers stated there will be special cases. He said he had discussed this with Mrs. Mills of the Board of Adjustment and she felt many persons do not even pursue their plans to do something with their property when;they discover they have to have a variance. Gitelman asked if the Commission wanted Windell Cullers and himself to come up with something to deal with this problem. Hunnicutt wondered if the Board of Directors should be informed of the proposed amendment.and wondered if the Committee wanted to look into commercial properties as well. Gitelman stated at._thispoint in time, he would like to run something by the Board of Adjustment before it goes to the Board of Directors. Bobbie Jones stated many of the Board of Adjustment members have had misgivings about decisions they felt they had to make because no hardship could be proven as far as lay of the land. Hailey felt the amendment should not be restricted to owner occupied dwellings, he stated that if a house needs to be repaired or fixed up or added on to it should be worked on whether the owner lives there or not. The Commission unanimously supported the formulation of an amendment to deal with nonconforming lots with existing structures. There being no further business, the meeting adjourned at 5:40 P.M.