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12 OCT 08A G E N D A BOARD OF ADJUSTMENT OCTOBER 8, 2012 6:15 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Special Called Meeting of August 13, 2012 1-6 3. VARIANCE REQUEST(S): a. Fence Height Variance 7801 John Harden Drive Petitioner: Entergy 7-9 b. Building setback variance 723 School Drive Petitioner: Whit Davis Lumber 10 (site plan included in packet) c. Sign Package Variance 816 West Main Street Petitioner: McDonalds 11-24 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: October 8, 2012 6:30 p.m. – 6:43 p.m. ATTENDANCE: Commissioners: Alderman Howard, Jim Moore, Jim Peacock, Jr., and Chairman Ott were present City Engineer Whisker and City Attorney Bamburg were present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Ott declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Moore moved, seconded by Alderman Howard to approve the minutes of the regularly scheduled Board of Adjustment meeting of August 13, 2012 as presented. MOTION CARRIED. VARIANCE(S): a. BUILDING SETBACK VARIANCE 723 School Drive Chairman Ott opened the public hearing at approximately 6:30 p.m. Mr. Phil Keaton, representative for Whit Davis stated that the original front for the Whit Davis store was constructed in the 1950’s, saying that it has become dilapidated and they are proposing to reconstruct a new front for the building. He stated that the existing firewall would be maintained. City Engineer Whisker stated that School Drive has a 100’ right-of-way, saying that they are leaving the firewall so they will not have to install a sprinkler system. He stated that they are proposing to update the building and make it more modern. Commissioner Moore commented that he had spoken with the owners, and they showed him their plans, saying that it will make the front of the building facing School Street look very nice. He noted that the building needs to be remodeled and updated, saying that it will also better serve their needs regarding the stocking of materials. Commissioner Moore moved, seconded by Commissioner Peacock to approve the building setback variance at 723 School Drive as requested. MOTION CARRIED. Chairman Ott closed the public hearing at approximately 6:35 p.m. b. FENCE HEIGHT VARIANCE at 7801 John Harden Drive Chairman Ott opened the public hearing at approximately 6:35 p.m. Mr. Dave Ingram, representing Entergy explained that they are proposing to build a new distribution service center at 7801 John Harden Drive, further explaining that the property consists of a 30-acre tract. He explained that they have fenced the property with a 7ft. fence with 3 strands of barbed wire on top. He then explained that the only part of the property already fenced was the front, which has a 6ft. fence with 3 strands of barbed wire. He related that they are proposing to keep the front fence for security reasons. He stated that he understands the 7ft fence with barbed wire will BOARD OF ADJUSTMENT REGULAR MEETING October 8, 2012 require a variance. He went on to explain that once the distribution center construction is completed the front fence by the road right-of-way will be taken down. He stated that there would be a fence with an access drive and automatic opener for service trucks. City Engineer Whisker reminded the Board that the request is in violation of the new barbed wire fencing ordinance that was adopted in the last six months. He stated that if the property is not an industrial land use it requires a variance from the Board of Adjustment, adding that the Board should only approve it if it is at least six feet in height. Mr. Ingram then noted that another reason for fencing the property was because there is a good size pond on the property and there were concerns regarding kids getting onto the property and into the pond. He stated that it was a safety issue. He then answered that the top and bottom strand is 1’ in distance. City Engineer Whisker noted that the bottom strand is usually 6” from the top of the fence. Alderman Howard moved, seconded by Commission Moore to approve the fence height variance at 7801 John Harden Drive as requested. MOTION CARRIED. Chairman Ott closed the public hearing at approximately 6:38 p.m. c. SIGN VARIANCE 816 West Main for McDonalds Chairman Ott opened the public hearing at approximately 6:38 p.m. Mr. Michael Coldiron of Skylite Signs & Neon stated that basically the sign package is the same as McDonalds had before. He presented drawings of the total sign package, pointing out that the only feature not being added is a double drive-thru lane. He then noted that the building signage is actually less than was on the previous building. He stated that the pole signs will have new faces. City Engineer Whisker noted that the variance is for the number is signs being requested. He explained that they have two street facings so they are allowed two signs but requested a couple more. He went on to say that this newly constructed McDonalds is a big improvement over the previous building with less signage overall. He then noted that this is one of the last areas downtown to be reconstructed. Commissioner Moore moved, seconded by Commissioner Peacock to approve the sign package variance for 816 West Main Street for McDonalds. MOTION CARRIED. Chairman Ott closed the public hearing at approximately 6:41 p.m. Deviation in agenda: City Engineer Whisker noted the special Board of Adjustment meeting scheduled for October 10th, explaining that he will not be able to make the meeting but will have a representative from his Department to attend. He stated that the variance request is a similar situation to McDonalds, explaining that First Arkansas Bank & Trust is requesting additional signage on the building. He then related that they are talking about painting a portion of the outside to freshen the look of the exterior. It was noted that they are current pressure washing the exterior, with plans to use the colors charcoal gray and a red. ADJOURNMENT: Without objection, Chairman Ott adjourned the meeting at approximately 6:43 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Joe Ott CITY CLERK – TREASURER