15 AUG 17 SPECIAL CALLED
A G E N D A
BOARD OF ADJUSTMENT
AUGUST 17, 2015
6:30 P.M.
CITY HALL
CITY COUNCIL CHAMBERS
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES:
3. VARIANCE REQUEST(S): Building Setback Variance
1701 T.P. White Drive
Petitioner: Gwatney Carwash &
Express Lube
(site plan attached)
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: August 17, 2015 6:30 p.m. – 6:37 p.m.
ATTENDANCE: Commissioners: Vergil Healey, Art Brannen,
And Chairman Rick White were present. Alderman Howard and Commissioner Scholl were absent.
City Attorney Bamburg and City Engineer Whisker were also present.
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City Clerk Susan Davitt recorded those listed above in attendance and Chairman White declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
VARIANCE(S): Building setback variance at 1701 T.P. White Drive for Gwatney Carwash and Express Lube
Chairman White opened the public hearing at approximately 6:30 p.m.
Representative Aaron Robinson with Bond Engineering recalled that the item was discussed over a year ago dealing with a proposed canopy for the pay machines to enter the carwash. He
stated that the item was removed from the building permit request to keep from delaying construction. He related that as a result the internal temperature of the uncovered machines
is reaching their capacity and shutting off, adding that the machines have to be constantly rebooted. He stated that as previously proposed the request for a canopy will go up to the
build line. He then explained that the 40’ right-of-way has been researched and the best determination was when the Leroy Wood purchased the Church property 20’ of that was used for
the parking lot, adding that if it has not been properly closed then it would be appropriate for the City Council to close the road, which would make the variance request a mute point.
He continued saying that for now they are seeking to get the canopy constructed as soon as feasible.
He answered City Attorney Bamburg that he is still researching through some title work regarding the right-of-way. He pointed out that the right-of-way has utilities and a storm drainage,
which would prevent it from being able to have anything constructed on the right-of-way.
Mr. Tommy Bond answered City Attorney Bamburg that Bond Engineering did a survey of the property in 2008 when the Church property was purchased. He then added that it has a power line
down the middle of the right-of-way.
City Engineer Whisker stated that he does not believe the research has yielded any definitive answer that proves Gregory Street was properly closed.
Mr. Bond responded that he believes it has been closed for a long time, noting that the Main Gate Development was done in the 50’s around the same time that the Little Rock Air Force
Base was developed.
City Engineer Whisker stated that it was prior to the freeway being constructed, adding that it is an extension of Gregory directly across the freeway but it was never built.
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: August 17, 2015 6:30 p.m. – 6:37 p.m.
Mr. Bond continued saying that it was cut off when they constructed Hwy. 67/167, adding that currently it is serving as an easement for a drainage ditch with a power line down the middle.
He stated that the canopy would not be encroaching on any adjacent property.
City Engineer Whisker stated that the road would not be constructed, adding that if the City has the right-of-way, he would like to see the City retain that right-of-way until the reconstruction
of the freeway is completed in case the Highway Department needs the property. He stated that he did not believe the canopy would be a problem where it would be located. He added
that once the freeway is completed the right-of-way would be deeded to Gwatney in eight to ten years from now.
With no one else to speak, Chairman White closed the public hearing at approximately 6:37 p.m.
Commissioner Healey moved, seconded by Commissioner Brannen to approve a building setback variance as requested. MOTION CARRIED.
ADJOURNMENT:
Without objection, Chairman Moore adjourned the meeting at approximately 6:37 p.m. MOTION CARRIED.
Respectfully,
___________________________ _____________________________
Susan L. Davitt CHAIRMAN Rick White
CITY CLERK – TREASURER