HomeMy WebLinkAbout2002-03-04 MinutesBoard of Adjustments
March 4, 2002
Page 1
MINUTES OF A MEETING OF
THE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on Monday, March 4, 2002 at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
ITEMS CONSIDERED ACTION TAKEN
VAR 02-5.00: Variance (Alpha Delta Pi, pp 444) Approved
Page 2
VAR 02-6.00: Variance (Renegar, pp 447) Approved
Page 6
VAR 02-7.00: Variance
(Washington County Sales Co. Inc., pp 562)
Page 9
Approved
MEMBERS PRESENT MEMBERS ABSENT
Larry Perkins
James Kunzelmann
Thad Hanna
Michael Green
Marion Orton
Michael Andrews
Joanne Olszewski
STAFF PRESENT STAFF ABSENT
Dawn Warrick
David Whitaker
Renee Thomas
Tim Conklin
Board of Adjustments
March 4, 2002
Page 2
ROLL CALL: Upon the completion of roll call, four members were present with Orton,
Olszewski, and Andrews being absent.
Approval of Minutes
VAR 02-5.00: Variance (Alpha Delta Pi, pp 444) was submitted by Mandy Bunch, PE of EB
Landworks, Inc. on behalf of Delta Delta of Alpha Delta Pi House Corporation for property
located at 535 Oakland Avenue. The property is zoned R-3, High Density Residential and
contains approximately 0.15 acres. The requirement is for a 15' front setback for parking on
Douglas Street and Oakland Avenue. The request is for a 5' front setback on Douglas Street and
Oakland Avenue (a 10' variance).
Perkins: If I could have your attention we will begin the March 4th meeting of the Fayetteville
Board of Adjustments. The first item of business will be the approval of the minutes
for the February 46 meeting. Were there any changes or deletions to be made? If
not, please put those into the record. That brings us to our first variance request
today. It is VAR 02-5.00 submitted by Mandy Bunch of EB Landworks for property
located at 535 Oakland Ave. The request is for a 5' front setback on Douglas and
Oakland, which is a 10' variance. Staff, what is your input on this?
Warrick: This request is for reduced setbacks for landscaping requirements in a parking lot.
The property is located at the southwest corner of Douglas Street and Oakland
Avenue. It is very near campus and this property has been purchased to serve as a
parking lot for the Alpha Delta Pi sorority house. Due to the narrow configuration of
the site and the applicant's willingness to preserve larger trees on the property
variances are being requested in order to provide this additional parking for the
sorority house. Staff has actually included an additional variance request for a side
setback requirement along the south side of this parking area where it adjoins another
parking area. That requirement would be 5' of landscaping and the proposal is 0' so
that the two parking areas connect. We are in favor of this request and staff has
recommended several conditions. Those are listed on the first page of your staff
report and I will just read through those. They are mostly conditions of anybody
requesting a parking lot permit. Whenever there is a parking lot being proposed that
consists of more than five spaces, a parking lot permit is required. Those permits are
reviewed by the Planning, Engineering, Landscape, and Sidewalk Divisions prior to
being issued for compliance with all those various regulations. Therefore, the
conditions that staff is recommending on this variance if it is approved are 1) The
approval of a parking lot permit. 2) The installation of landscaping and sidewalks
occurring to current regulations and the recommendations of the Landscape
Board of Adjustments
March 4, 2002
Page 3
Administrator and Sidewalk Coordinator. 3) Grading and drainage plans and
improvements as required for a parking lot permit. 4) That the white striped area at
the southeast corner of the proposed parking lot be removed and that that be installed
as a curbed landscape island in its place. 5) The installation of a continuous row of
shrubs along both street frontages to provide a screen for the proposed parking area.
Perkins: Which other setback did staff add on, the one on Oakland?
Warrick: The Oakland and Douglas Streets are the 5' setback, the 10' variance and then there
is an alley on the west side and on the south side where they are adjoining another
parking area, there is a proposed 0' setback and that would normally be a 5'
requirement.
Perkins: Ms. Bunch, do you have any additional input on this please?
Bunch: No Sir. If anybody has any questions I would be glad to entertain those. On the
south property side it is actually adjacent to the existing parking facility and that is
why we propose a 0' setback so we can attach, make that more efficient, and allow
for more greenspace for the trees on Douglas.
Perkins: Did you have any questions on the conditions that staff added to your appeal?
Bunch: No Sir, we have agreed to all of the conditions and we did submit for the grading and
drainage and also the parking lot permit on Friday of last week.
Perkins: Does anyone else present have any comment on this appeal?
Green: Just one question that I had. This south line that is for a 0' setback?
Warrick: Yes Sir, that adjoins an existing parking facility.
Green: There are no problems with overhanging of automobiles over the property lines?
Warrick: I don't think that will pose a problem with the other parking area, they should
coordinate well. I think it is a one way drive the other direction.
Bunch: Yes Sir, actually what we are able to do is bring the existing parking facility further
into conformance by doing this to actually have the proper amount of distance there,
the 19' for the parking space dimension as required. It actually helps.
Warrick: I did receive a phone call earlier today from the property owner to the west. He did
Board of Adjustments
March 4, 2002
Page 4
McKinney:
Hanna:
McKinney:
Warrick:
Bunch:
not object to this request. He just inquired as to whether or not sidewalks were to be
installed. The answer to that is yes, along both street frontages. He had some other
questions with regard to the configuration of the parking area and how it would
effect the alley, which is one of the access points to it.
I am the caller. I am Harold McKinney. I have property to the west. The only
comment that I have, I don't have any objection but I have never seen the proposal.
You can have my copy.
The only thing I think that might be good to be addressed, and they probably already
addressed it. Let me orient myself correctly here. The access to the alley has always
been a problem. They have food service to feed the kids and they have a lot of large
trucks that come in there and now is the time, if we are ever going to improve that
entrance in there where they can make that swing. My property line, of course the
separation from the alley is kind of hard to find, but I have two water meters there.
They run over them all the time and they run over the curb all the time. I am really
not objecting to anything, I'm really just saying that, of course, the pressure is going
to be on me then to straighten up my side, but the idea is this. I don't know what you
all have thought but now would be a good time to make it easier for those eighteen
wheelers to come and go and if we don't address it now I assure you it will never be
addressed because I am going to lock my heels if you lock your heels. I am probably
using the wrong words but the idea is now is an excellent time to work on that where
they can get in and out. As far as I'm concerned, you all know that the parking in
there is a nightmare. I hate to see the house torn down, there are things that are
reasonable, but I am just saying if we could make that corner swing where it is easier
for those big trucks to get in and out, now would be the time. That is all I have to
say.
Mandy, would a larger turning radius assist in that problem?
It would. I think what we are proposing is going to help a lot. That is upgrading the
concrete approach and also providing the overlay. One thing that we have done, per
the coordinates, if I'm not mistaken, I believe the alley is required to be 10' wide and
we had proposed a larger driveway, but in order to save two fairly large trees, we did
modify this request and modify the plan. There is a 14" elm, a 12" cherry and an 8"
oak that would actually be impacted there. That is why we kept it as narrow as we
did. We may be able to make some improvements in the turning radius when we
upgrade the concrete approach for the sidewalk. It is pretty tight, this whole site is
pretty tight. It will be a bit of an exercise but we can definitely try to accommodate
that.
Board of Adjustments
March 4, 2002
Page 5
Perkins: Does that answer some of your concerns Mr. McKinney?
McKinney: Yes, I agree with that approach. That area up there becomes more permanent with
each change and with everybody having one and two and three cars, we need to look
ahead because we're getting them in right now with a shoe horn sort of thing and the
next thing that is going to be is somebody is going to come along, they run over the
curb, they run over my parking meters, my meters are those kind that sit ground level
and that stuff like that. I don't really, I have had that property for 20+ years and I
have known all along that this was a problem there. Automobiles have zero problem.
There is kind of a hump in that driveway that should be corrected. That should be
the city, not the University. All I am saying is if they are going to spend a great deal
of money, why not take that and make that turning radius better. It would pay
dividends and that is my only comment I would like to see them get their parking,
they are going to need it.
Bunch: The threshold of the available 25% staff administrative reduction. I believe it is 49
spaces available on the property and the reduction would be 16 stalls, which is what
they are endeavoring to install now. It has been quite an effort to get that many in
there.
Perkins: Is there any other discussion?
Green: Mr. Chair, I would like to move for approval of VAR 02-5.00 with the conditions
that staff recommended.
Hanna: I will second.
Perkins: We have a motion and a second, is there any further discussion? Call the roll please.
Roll Call: Upon the completion of roll call the motion to approve VAR 02-5.00 was approved
by a vote of 4-0-0.
Perkins: Thank you for your time and good luck with your project.
Board of Adjustments
March 4, 2002
Page 6
VAR 02-6.00: Variance (Renegar, pp 447) was submitted by Henry Renegar for property
located at 925 Rockwood Trail. The property is zoned R-1, Low Density Residential and
contains approximately 0.85 acres. The requirement is for a 8' side setback on the east. The
request is for a 4.67' side setback (a 3.33' variance).
Perkins: That brings us to our next variance request which is 02-6.00 submitted by Henry
Renegar for property at 925 Rockwood Trail. The request is for a 4.67' side
setback, which is a 3.33' variance. Staff, what is the input on this please?
Warrick: The structure at 925 Rockwood Trail was built in 1967 so it obviously predates
our current zoning ordinances, which went into effect three years later in 1970.
The property that the house is located on is a large tract, it contains approximately
18,700 sq.ft. The minimum requirement for an R-1 zoning district is 8,000 sq.ft.,
so this is more than double the size of what would be required for a tract. Part of
the unique situation on this particular lot though is that it is relatively narrow, 85'
total and very long and deep, which makes the bottom portion of the lot land
locked for the most part and just a small portion that actually fronts Rockwood
Trail at the top of the lot. The applicant is proposing to renovate the entire
structure and to add a garage and three rooms of living space. The structure is
currently sitting where the side of the structure is 4.67' from the property line to
the overhang. The applicant is not proposing to extend that any closer to the side
property line, however, he is requesting to continue that side of the structure an
additional 15 or 15 Yz'. Therefore, the existing building is nonconforming
because it does not meet the 8' side setback and in order to expand an owner
occupied non -conforming structure more than 25% of the original square footage
a variance would be necessary. That is why this is before you at this time. The
applicant, in their materials, has provided an extensive explanation of the project
that would be completed through approval of this agenda item and staff is in
support of that request with two recommended conditions. The first condition
will be that the variance apply to the addition proposed at this application only
and that any future additions or alterations to the structure conform with zoning
requirements or a new variance request if that be desired. The second condition
recommended would be approval of a property line adjustment, which goes
through an administrative review in the Planning Division. That will provide the
space necessary to add on to the west side of the existing building, as proposed in
the site plans with this application. That is all that staff has, thank you.
Perkins: Mr. Renegar, do you have any input on this please?
Renegar: With regard to everything that Dawn said, I think all the facts are accurate. Like
she said, we are not going to move the east wall. In reality, if the east wall were
Board of Adjustments
March 4, 2002
Page 7
Warrick:
Renegar:
not as close as it is from the start, we wouldn't need the variance to start with.
We are not trying to do anything that is out of character with the neighborhood
and it is a nice improvement to the home. My wife and I have lived in the home
since 1988, we've owned the house since 1990. We are not trying to develop it to
sell or anything like that. It is the place we live. I will be glad to answer any
questions about what we are going to do or what our plans are. I think you guys
have some copies of that, I'm not sure how those are distributed.
There are some photographs in your packet that probably didn't copy real well. I
have the originals here if anyone would like to see those.
What we did is we went around our neighborhood and took pictures of other
homes. There are a lot of renovations that are going on up on Mount Sequoyah,
up on the hill, and there are a lot of people that are adding on to some of the
houses and improving some of the houses. We like the neighborhood. We have
got mature trees, we have three oak trees that are about 120 years old or more in
our yard. All together I think we've got about 33 trees in our yard. That is the
charm, that is one of the things that we like, and that is why we like living there.
It is a big yard, I have got two sons and we like living there, we go out there and
play. We don't have a lot of width though. It is 220' by 85' so we are a little bit
limited as far as what we can do as far as expanding the house. We have looked
at several options and this seemed to make more sense than anything that we
could come up with.
Perkins: What it is now, I get sort of lost in here, I can't visualize what the other house is
going to be. It is going to be a big project for sure.
Warrick: The existing structure is compliant with setback requirements on all three other
sides of the property.
Green: It looks like you are basically building over the entire existing building and I
sympathize with you on trying to live there while you do that.
Renegar: Well, actually we are going to move out of it for just a little while. Our builder
convinced us to move out of there for a little while during construction.
Hanna: On the property line adjustment to the west side, I didn't see the details on that.
Warrick: There was an alley that was vacated on the west side of the property. When an
alley is vacated half of that reverts to the owner on each side of the alley.
Therefore, the Renegars obtained 5'. The lot line adjustment is for them to
Board of Adjustments
March 4, 2002
Page 8
purchase the additional 5' of that alley, as it was originally platted, from their
neighbor. That is the adjustment that is currently being reviewed by the Planning
Staff at this time. We don't foresee any problems, they are needing some
additional legal descriptions and things like that, but we don't foresee any
problems with that application.
Renegar: We are in the process of buying that piece of land. It is basically a done deal as
far as he is concerned.
Perkins: This 8.7' involves getting the whole 10' of the existing alley?
Warrick: Yes, that is why this is proposed to you with the property line adjustment as a
condition of approval.
Perkins: Is there any further discussion? Can I get a motion?
Hanna: I will make a motion that we approve VAR 02-6.00 as specified with staff
recommendations.
Kunzelmann: I will second.
Perkins: We have a motion and a second, is there any further discussion? Call the roll
please.
Roll Call: Upon the completion of roll call the motion to approve VAR 02-6.00 was
approved by a vote of 4-0-0.
Perkins: Good luck with your project, it is going to be quite an improvement.
Board of Adjustments
March 4, 2002
Page 9
VAR 02-7.00: Variance (Washington County Sales Co. Inc., pp 562) was submitted by
Washington County Sales Co. Inc. for property located at 510 W. 11th Street. The property is
zoned I-1, Heavy Commercial/Light Industrial and contains approximately 9.43 acres. The
requirement is for a 50' front setback. The request is for a 0' front setback (a 50' variance).
Perkins: That brings us to our third appeal of the day, it is VAR 02-7.00 submitted by the
Washington County Sales Company for property located at 510 W. 11'h. The
requirement is for a 50' front setback and the request is for a 0' front setback.
Staff, what is the background on this please?
Warrick: This is a pretty large request. The background is that this project involves the
Washington County Sales Barn and they were approached by a representative of
the Arkansas Department of Environmental Quality, ADEQ, concerning runoff
from a set of holding pens which are on the west side of the property adjacent to
Dunn Ave. This was brought about by a complaint to ADEQ with regard to the
runoff from these pens. There was a concern that the rainwater in the area would
be contaminated with animal waste and that it would then enter the city's water
and sewer systems. As a proposed resolution to the problem, the property owner
constructed a roof over these existing holding pens. Prior to constructing the roof
however, the applicant did not come to the Planning or Inspection Divisions to
obtain building permits. Therefore, we are seeing a violation because there was
no permit obtained for this roof construction. Had a permit been requested, we
would have seen a variance requested prior to the construction of the roof. The
holding pens that have been roofed as a result of the complaint to ADEQ are
located adjacent to Dunn Ave., across the street, across Dunn, is the National
Cemetery property. The roof does cover the pens and extends to the property line
in this location. Therefore, because the property that the National Cemetery is on
is currently zoned residentially, the setback requirement in an I-1 district, where it
is a front setback adjacent to residential property, the front setback is 50'.
Because the pen roof extends to the property line, the variance request is for the
entire 50' setback. I think that pretty much covers the background. Staff is
recommending in favor of this request. We believe that should ADEQ affirm that
this has resolved the problem with regard to contamination in the runoff, this is a
move to make this location more environmentally safe for the city. Therefore,
staff is recommending approval with one condition, that is that the variance apply
only to the roof addition described in the application and that future site or
structural changes must be approved prior to construction and they may require
additional variances.
Perkins: Is the representative for the Washington County Sales Company present?
Board of Adjustments
March 4, 2002
Page 10
Bartholomew: Yes Sir.
Bartholomew: Bartholomew.
Perkins: Do you have anymore background Sir?
Bartholomew: No Sir. We did build, ADEQ came by, someone had complained. I think we had
one complaint down south of us and there are many houses down there, and there
may be more now but this is what started the whole thing. They came by, there
was one from the local area I think, and there were three or four from Little Rock.
They came by and told me that if I could build a retaining wall, actually instead
of 50' of roof, we put on 20' of new roof. We were already over extended I
guess, from what you are saying. He said build a retaining wall and that will
solve your problem, well then he came back and said there was 20' of open space.
The pens were already there, they were already adjoined to the street and a roof
would take care of the rest of the problem because the retaining wall wasn't going
to take care of what he wanted it to do. We got in and built the roof and just as
we got the last nail in here come the city asking if we had a permit. I am sorry
that we didn't, I will apologize for that. I was taking for granted that that is what
I had to do and I didn't know the ranks I should've went through. But anyway,
we did do everything that they have asked us to do for ADEQ. We are not trying
to hurt anyone or cause any problems down there. We have been down there
since 1936. I know we are not very popular and a very pretty sight but we do try
to keep it half way cleaned up. I am sorry we didn't do this, I apologize for it. If
there are any questions I will try to answer them.
Reynolds: I am Alderman Bob Reynolds in Ward 1. I usually don't come before you guys,
this is the first time ever. I just feel like the Washington County Sales Barn is
being slapped. We had one complaint in that ward. I checked out a five square
area. One complaint was all there was. I think the gentleman is here and I would
like to hear his complaint if he wants to bring it before you. Nobody else has
complained, one guy. I go to the sale barn quite often on Thursdays and eat.
There is not a part of the sale barn that you can't eat off the floor any day of the
week you want to go down there. It is clean. I raised my girls on West Street and
I have never seen the complaints that he saw there. I went down when he poured
the curb around the southwest corner and he thought that was it. I thought they
would be happy too. ADEQ came back in and told him to put a roof over it so he
put a roof over it thinking that that was all there was to it. He didn't know he had
to come back and get a permit. He is legitimate, he has done the right thing by
the neighborhood down there. If you guys need anybody else in the
neighborhood I will bring them all. All I know is that there is one complaint and I
Board of Adjustments
March 4, 2002
Page 11
Perkins:
Magnaden:
would like to hear from him. By the way, he called me last Saturday at home and
told me that he had made up with some of the neighbors down there and he had
made up with Mr. Bartholomew. He said you know, Mr. Bartholomew has been
kind of like a step daddy to me. He said I have been up there in his office, he's
gave me three hats and he said he's a really nice guy, I really like the guy. He
said Swifty, I apologize to you because I've been wrong about this thing all along.
Then Monday morning I found out that he has called in another complaint about
one of Mr. Bartholomew's employees messing with the sign on the premises
That is not true. I would like for the guy to explain himself.
Well Sir, since you have been put on the spot would you like to explain anything?
First with your name please.
Let me introduce myself first of all, my name is Joe Magnaden. I live at 1149 S.
West Ave. here in Fayetteville. I own two properties on that street, one further
away from the Sale barn and one closer to the sale barn, only because of a
marriage that I married into. First of all, thank you for letting me speak. I didn't
realize, this is how I feel, ambushed. I feel that I just got put into a position and
that I basically have to talk now. I had no intentions of talking but I will finish
what I have to say because I believe that it must now be important. I did speak to
Swifty, I have known Swifty for many, many years. Mr. Bartholomew, I have
heard of Mr. Bartholomew. The only thing I have to say about Mr. Bartholomew
is he is one of the most nicest persons I have met in a long time. I also believe
that he is a very respectful individual and I have nothing to say about Mr.
Bartholomew whatsoever. I do have some things to point out, everything that I
am sharing with this committee right now I have shared with Mr. Bartholomew
and with Swifty. There are no secrets that I have basically to reveal. I have
assured Swifty that I would do everything in my power to make sure that I stayed
out of the Sales Barn's business. I have shared that with Mr. Bartholomew. As a
matter of fact, we met about a week and a half ago, maybe a little longer when he
got snowed out and iced out, he wasn't able to have his sale that Thursday. That
was a fine opportunity for me to sit down with him and we talked. We talked for
oh plus an hour or so. As a matter of fact, he gave me a hat, I thought he was
going to put me in the hat business. He gave me a few of the hats, a lot of my
family now has his hats. I do appreciate that. In the conversation I had with Mr.
Bartholomew, he has told me in a previous conversation that if there was anything
that I thought could help him with the sale barn he had an open door policy with
me, I have met with him and talked to him about some of the issues with the Sale
Barn like the speakers outside, like the trucks that come in. I will stick up for Mr.
Bartholomew. Mr. Bartholomew has gone out of his way to get those trucks to
stop. There was one just the other day, I spoke to his son, I think it was Steve. I
Board of Adjustments
March 4, 2002
Page 12
told him that I just wanted Mr. Bartholomew to know. This has been my
approach always. Did I make the complaint Monday? No. Did I make the
original complaint about Mr. Bartholomew? No. I just want to set the record
straight on that. DEQ got involved because we have an Alderman, her name is
Brenda Thiel. I wish she was here because I don't want to put words in her
mouth but the conversation that I had with Mrs. Thiel was that she was the one
that approached DEQ because she was at a Ward 1 meeting, please correct me if I
make any mistakes. Sometimes my memory isn't real accurate. I brought up this
issue the very first time a long time ago. This was when they were talking about
the speedway and I basically stood up and I said "If you think you've got
problems in your neighborhood, you ought to come to mine." That was exactly
what I said. I basically got the support of people up on top of the hill that makes,
by the country club, they came to me, attorneys came to me, people that have
spoken to the City Council about this issue, they told me they were going to
support anything that I wished to do. I chose not to go that avenue. What I did
was I went to my neighborhood. These are the individuals that I talked to. Take
a look at my history. Those people that immediately live within the sale barn
area, everyone within the first block, I have talked to. There was a rumor that I
had started a petition about the sale barn, I did not do that. I explained that I
didn't do that. These people that I have talked to are telling me one thing, and
one thing only. They have a lot of difficulties with this Sale Barn there. I have
addressed some of the issues and I brought it to Mr. Bartholomew to deal with
these issues. I will say again, he has listened to me with a very open mind and I
appreciate that. I would also say with Mr. Reynolds, that he has listened to me. I
have very few negative things to say about Swifty. As a matter of fact, I have
also told Swifty that I would help him get reelected in this ward. I hope he allows
me to help him carry the area that I live in. I have been living there for a number,
number of years. This is my problem. I support both of these gentlemen 100%. I
wear his hat very proudly. I am a hat person because it makes a statement. I also
wear sweatshirts. This is my statement tonight on my sweatshirt. I am a dad. I
see about this variance, I didn't know there was a 0 tolerance. I just found this
out right now when I was given a copy of it. I was unaware of it. He has made
improvements, he has done it without a permit, he hasn't done it with permission.
He just explained that fact to you. However, I have to look at the fact that I have
six sons and two daughters. I have sons that are very small and I have sons that
are grown and gone, that don't live in this area. However, when I look at these
two perspectives and I do a balancing act. That is, do I want to be a leader within
the community of my area? Mr. Reynolds has asked me to see if I could bury
some hatchets and he has also asked me to see if I could start a Neighborhood
Association. I don't want to be the voice of my neighborhood but my goodness, I
don't want to talk for others because I'm sure that some of them don't want me to
Board of Adjustments
March 4, 2002
Page 13
talk for them.
Perkins: May I interject here Sir? You were a spokesman for some of the neighbors
around you. What was the complaint, was it the truck traffic?
Magnaden: It was the truck traffic, it was this facility, Mr. Bartholomew has told me that he
wasn't able to control when they pick up the cattle or take the cattle off. They
have been coming within the neighborhood. As a matter of fact, I talked to Mr.
Bartholomew and told him it was 3:30 in the morning and they were unloading a
load of cattle. I did research, these trucks weight 68,000 pounds fully loaded. I
got that information from one of the truck drivers. If you come down West Ave.
and please come, you will see two things. You will see brand new lights going
down the avenue to 15th Street, I was a part of that. I have spoke to Mr.
Bartholomew and Mr. Reynolds, these trucks have damaged these streets. There
is a history of them knocking down cable lines and those things. I will say once
again, Mr. Bartholomew has addressed that concern to my satisfaction and I
believe to the satisfaction of the community. I have nothing to say about that.
However, when it comes to the variance, this is why I have to do this balancing
act. I am a father. There is no way at the way it is setup right now to have access
to the little kids in the neighborhood to have access into his sale barn. These are
cattle corrals. I spoke with Mr. Reynolds about this. I have pictures of children
going in there. I also asked Mr. Bartholomew if it was possible where he wants 0
tolerance, which is on Dunn Ave. coming out of the cemetery, that he could put
some kind of a wall basically to keep the cows in, they don't need to keep them
in, they have that under control, but to keep the children out. This is where the
children walk back and forth from school sometimes. I shared with Mr.
Bartholomew, Mrs. Thiel and Mr. Reynolds one of my biggest concerns was what
are you guys going to do if one of those kids get in there and they get killed by a
1,500 pound bull. I said then who do we point our fingers at? That concerns me.
As a dad, just as a dad, not as somebody that I support what Mr. Bartholomew
stands for 100% however I voice very loudly with all the information I have got,
all of the data, I didn't bring those pictures because I didn't want to show how
real I was, but I am sure that I have been descriptive enough. That with this
variance and without something dramatically changing, there is something going
to go wrong and I oppose it 100%. Mr. Bartholomew, I apologize to you. Swifty
Reynolds, I apologize to you. I oppose it 100% because I don't see how it is
going to solve issues on the variance appeal.
Perkins: What we are looking at today is the roof enclosure that encroaches on the setback.
Since you brought it up though, Mr. Bartholomew, when he voiced his concerns
what was your response?
Board of Adjustments
March 4, 2002
Page 14
Bartholomew: We are going to try to do anything that we can to avoid that. We have been there
since 1936 and I have never heard of one kid that got in there and got hurt or
very, very few employees that have been in there with the cattle that have been
hurt. We pay high workers' comp because it is a risky business but you go check
at hospitals and see how many times we've had people to go. I know if that is a
big issue, I want to correct it because I don't want anyone hurt. The only thing
that concerns me is that people do turn their children loose in there from time to
time and we do have stuff going on in there 24 hours a day, 7 days a week.
Sometimes we do have cattle there more than two or three days a week. It could
be that if the children got in there, we've probably got 200-300 light bulbs that we
light our area with, but children think it is fun to go in and break those light bulbs
out and different things that they have messed up. I don't know whose children
or anything else but the only thing we can do is report it to the police. They can't
do anything about it we know that. If we could keep them out of there it would be
a super deal. I don't know how to do that other than building a big chain link
fence all the way around it. I don't know anything else, I am open for suggestions
on that. Like I say, I didn't realize that anyone had been hurt, it has always been
a problem. They get in there and play in the hay, not very often, but once in a
while they have been known to be in the pens.
Perkins: Yes Sir?
Reynolds: In the years that I raised my girls down there, the Phillips, Gene and Sue raised
their kids next to me, the Lupers, Jack and Pat they raised their kids down the
street and I never knew of any of those kids to go to that sale barn to play. They
played in that lot up there and the girls kept horses at the barn across the street
from there. Not ever, did I ever hear of anybody getting hurt at that sales barn. I
moved away from there in 1978 and I don't think anyone has been hurt since
then. I am sure that this gentleman knew when he bought his first house on West
Street that the sale barn was there, it is evident to his age and the age of the sale
barn. So if he was scared at that time, he probably shouldn't have bought the
property across the street. I know, if you go up there on Thursdays to eat, Mr.
Bartholomew will tell you that he has talked to all of the truckers and they are all
going different routes. As Joe will tell you, he doesn't have a truck problem
anymore up and down his street. This guy is doing everything in the world to get
along with the neighborhood he has been in since 1936. Guys, when I smell that
sale barn I smell money. I don't know about anybody else but I am a country boy
and I am going to support this fellow to the end.
Magnaden: May I address please?
Board of Adjustments
March 4, 2002
Page 15
Perkins:
Magnaden:
Green:
Perkins:
Hanna:
Yes.
The people that Mr. Reynolds has referred to, I know those people as well. I
didn't know what was going on, I am not a country boy, I am a city boy from
Kansas City and I assumed that is what Fayetteville was, a city. I was not aware
of the sale barn because I always came in on the south side of the area and exited
from the north side. This was all new to me and I blame myself because I didn't
do my homework on this. However, I can't dispute that fact of what has
happened to me, and this has been a number of years ago. I have not heard
anything from Mr. Bartholomew that I question one bit. I support everything that
he says. I also believe that I can do something with Mr. Bartholomew, he is
approachable. I stand in just one position. I am still a dad, if something like that
happens I have to make a stand and that is what my stand is.
I just wanted to add that there have obviously been some problems here and there
and this has quite a history. I think it is probably beyond the jurisdiction of this
committee to get involved in those things. I think the only thing we can deal with
today is whether or not we need to grant a setback variance for this existing roof
structure which was actually required by ADEQ. I don't think our jurisdiction
can go out there and try to solve those potential safety issues and those other
things. I think that belongs to the City Council or the Planning Commission at
least, but right now I think the only thing we can deal with is the setback issue for
this roof.
That is entirely true but it is not unusual for this board to sway off every now and
then and what we've found is that usually neighbors can work out problems a
whole lot better than we can. Mr. Green, you are entirely right, our choice today
is to grant or deny the roofline. We do like for the public to have an opportunity
to speak to one another. A lot of times it is solved right inside this room rather
than the outside.
For someone who grew up working on the corner of Government and Sixth
Street, back in the old days when the sale was on Saturday. That was a lot of
excitement on Saturdays when they had the sell. That is a huge part of
Washington County, it is a huge part of Fayetteville. The property down there is
zoned I-1, it is Industrial, that is what it is for. I am thankful to have the sale barn
in Fayetteville, in Washington County, it is as much a part of south Fayetteville as
Drake Field is. The sale barn is a very popular spot for farmers across the country
and some of us city boys too that like to see a cow on Saturday mornings. I think
we need to support Mr. Bartholomew. It seems to me like he has gone above and
Board of Adjustments
March 4, 2002
Page 16
beyond to help anybody that has had a complaint and I think we need to give him
this variance. I make a motion that we grant the variance as requested.
Magnaden: May I just make one comment? After hearing this gentleman, I agree with him
100%. At this point in time, I support Mr. Bartholomew 100%.
Kunzelmann: Have we heard from ADEQ on whether or not this has solved the problem?
Bartholomew: No Sir, they haven't been back to see me and that has been a few weeks.
Warrick: Two weeks since they were in our office at least. Probably two or three weeks.
This application was submitted two weeks ago.
Bartholomew: I think it has been over a month ago since I have heard anything back from them.
They told me that might not solve all the problems. I don't think they are ever
going to turn me lose. It is just the fact if I want to find something wrong, or if he
wants to find something wrong, they probably always will. I am sorry to say that.
Perkins: When ADEQ directed you to put that roof on there, did they give you a plan or
show a drawing as to what they wanted to cover?
Bartholomew: They just said what area to cover Sir.
Perkins: So at this point you have complied with their directions as far as you know.
Bartholomew: With their directions and they were down there the day we were starting to do it.
I am not saying that he hasn't been there, he just hasn't said anything to me.
Perkins: Do you think that if they came down there they could've inspected it without
saying anything?
Bartholomew: They could have Sir.
Perkins: So as far as we know today anyway, you are complying with what they asked you
to do and any changes they bring on later may have you here in the future.
Bartholomew: Yes, let me say this. They gave me thirty days to do this, I had to have something
done within thirty days. I did that and then it has been at least that many more
days dealing with the city. I hope I don't have to have some more. Let me ask
you this. They gave me so many days, if I went through all the procedures to get
a permit, I wouldn't have made it.
Board of Adjustments
March 4, 2002
Page 17
Warrick:
Bartholomew:
Warrick:
It might have been cutting it pretty close because it takes two weeks to get
through this process.
I am not trying to be smart, I am just saying that that was a fact of life that I had
to live with.
You may have needed to request an extension from them if that were the case.
Staff is willing to work with you and ADEQ to bring you into compliance with
their regulations. They are a higher government agency and we are going to
respond to them as needed, if in the future they give you a certain deadline and we
need to process something for you.
Bartholomew: I understand. What is amazing to me is that that has been there since 1936, and I
know I should shut up, but they come in there in the middle of Winter, January,
and they give us thirty days. We did, we luckily caught a couple of good days.
Normally you can't even get a crew together in thirty days but we did and I thank
you for your time.
Magnaden:
Perkins:
Kunzelmann:
Perkins:
Roll Call:
Perkins:
Hanna:
Perkins:
Green:
With the variance please let me request that that be passed because I believe this
man is honest.
We are in that route now. We have a motion that the variance be passed with the
condition on there. Do we have a second?
Second.
I am a little reluctant to ask, but do we have any discussion? Call the roll please.
Upon completion of roll call the motion to approve VAR 02-7.00 was approved
by a vote of 4-0-0.
Thank you. This is my last meeting and I want to thank the staff and everybody
that I have shared the last ten years with and I have truly enjoyed it.
This is my last meeting too.
We are done, the 31n of March we expire.
I sincerely appreciate all of your hard work that you have served on this
committee. I know what all you have been through and I appreciate your hard
Board of Adjustments
March 4, 2002
Page 18
work and hate to see you go because now we are going to have to break in
someone else new.
Warrick: As staff I will echo those comments. We very much appreciate your service to
this board and to the City. Thank you both.