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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.