HomeMy WebLinkAbout2003-01-06 MinutesMINUTES OF A MEETING OF
THE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on Monday, January 6, 2003 at 3:45
p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS CONSIDERED ACTION TAKEN
VAR 03-1.00: Variance (Lucke, pp 252) Approved
Page 2
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Michael Andrews
Joanne Olszewski
Marion Orton
James Kunzelmann
Michael Green
Bob Nickle
STAFF PRESENT STAFF ABSENT
Renee Thomas
Dawn Warrick
David Whitaker
Don Hancock
VAR 03-1.00: Variance (Lucke, pp 252) was submitted by Mandy Bunch of EB Landworks,
Inc. on behalf of Rebecca Lucke for property located at 2939 N. McKee Circle. The property is
zoned C-2, Thoroughfare Commercial and contains approximately 0.47 acres. The requirement
is for a 15' parking setback. The request is for a 10'parking setback on Appleby Road (a 5'
variance).
Green: I will call the meeting to order. I want to welcome all of you to the fire meeting
of the Board of Adjustment for 2003. The first item of business is to call the roll.
Roll Call: Upon the completion of roll call all eight board members were present.
Green:
Orton:
Nickle:
Green:
Warrick:
Green:
The first item on the agenda is consideration of the minutes of our December 2,
2002 meeting. Has everyone had a chance to review those? Are there any
comments, corrections, or additions to be made?
I move that they be approved as set out.
Second.
There is a motion and a second to accept the minutes of the December meeting.
The minutes are approved. The first item of new business on our agenda is VAR
03-1.00 submitted by Mandy Bunch for property located on McKee Circle. The
property is C-2 and the variance request is for a 5' variance in the parking
setback. Dawn, do you have some background on this?
Sure. The subject property is on a vacant lot. It is located at the southwest comer
of Appleby Road and McKee Circle. It is, as you said, zoned C-2, Thoroughfare
Commercial. The lot was created in 1993 as a part of the Hammond Plaza
Subdivision. The applicant is proposing to construct a dental office comprising of
4,292 sq.ft. at the south side of the lot with 19 proposed parking spaces. There is
a site plan in your packet on page 1.7 and a written description of the project on
page 1.8. The request is for a 5' variance from the required 15' parking lot
setback. Part of the related issues to this particular request involves the
classification of Appleby Road as a collector on the city's Master Street Plan and
the requirement for projects to accommodate that Master Street Plan by providing
additional setbacks where necessary. In this particular case, based on the size of
the right of way on Appleby Road an additional 5' setback is necessary in order
to accommodate the Master Street Plan. That Master Street Plan and the current
parking requirements were not in place at the time that this lot was platted in
1993. That, of course, is one of the special conditions that was considered with
regard to this request. Staff is recommending because of the special condition of
the more current regulations, landscaping, 15' parking lot setback, and an increase
of setback of 5' for the Master Street Plan staff is recommending in favor of the
requested variance. I will be glad to answer any questions if you have them.
Does anybody have any questions?
Orton: Suppose that that street is widened, then what happens?
Warrick: It will mean that in front of this particular development there will be 10' of
landscaping as opposed to the standard 15'. 15' is what would be required on
adjacent developments, on adjacent lots that may be vacant right now so it would
mean that this has a lesser amount of green space and landscaping along Appleby
Road. They are proposing to meet the 15' requirement along McKee Circle.
Because this is a corner lot they do have higher building and parking lot setbacks
adjacent to those streets, which is another constraining factor on this particular
property.
Green:
Bunch:
We will open it up for the applicant to address us at this time if you will please
state your name for the record.
Yes Sir. My name is Mandy Bunch, I am with EB Landworks and I am
representing Dr. Lucke today. If I may add a little bit of information to your
question Ma'am I think it is because of the curvature of Appleby in that area but
the future curve will actually be, it is 30' from the existing pavement, so if it is
widened out to be a total of 36' wide, there will still be almost 15' to 20' but it all
depends on what route the road takes and what particular curvature it takes when
that is accomplished. Dawn has covered all the points I believe on this. Dr.
Lucke has been working really hard to develop a nice development plan and we
actually became aware of the new ordinance on the setback when we were sitting
down with Tim and Sara to discuss the project so it was somewhat of a surprise
for us and it was something that she wanted to bring forward and request that you
grant. I believe that we have got good reasons for that. I am here for any
questions, she is here for any questions, the architect is here. We are all here if
anybody has got any questions.
Nickle: I see future right of way, are you dedicating that as part of the approval process
for this?
Warrick: It will not be required to be dedicated. It will be required to be reserved and
included in the setback area, which is where that 5' comes from.
Green: Ok, are there any other questions of the applicant? Is there anyone from the
public who wishes to speak for or against this application? Is there any further
discussion?
Kunzelmann: Mr. Chair, I would like to state for the record that I am a patient of Dr. Lucke but
at this point in my life our relationship is pretty minor and I don't feel that I need
to recuse. I wanted to state that for the record.
Olszewski: I need to state the same thing for the record. I am a patient of Dr. Lucke's but I
feel that our relationship is such that I can vote fairly.
Andrews: l will third that. The doctor is one of our customers and we are neighbors so l
will be abstaining.
Green: With all that said, we may have a quorum left. Is there any discussion? Is there
anyone that would like to entertain a motion?
MOTION:
Nickle: I move that we approve the request of the reserved setback as recommended by
staff.
Kunzelmann: Second.
Green: There has been a motion and a second to accept the variance request with staff's
recommendation. Call the roll please.
Roll Call: Upon the completion of roll call the motion to approve VAR 03-1.00 was
approved by a vote of 6-0-1 with Mr. Andrews abstaining.
Green: The motion passes. That is all of the business for the Board of Adjustment.