PC Minutes 05-06-2014
City of Van Buren, Arkansas
Annex
111 North 12th Street • Van Buren, Arkansas 72956
PLANNING COMMISSION MINUTES
May 6, 2014
The Van Buren Planning Commission held its monthly meeting May 6, 2014 at
5:30 P.M. in the City Council Room of the Municipal Complex.
The following items were on the agenda:
1. Approval of the minutes from the last meeting
2. Variance Request submitted by Oxane Materials
3. Any other business that comes before the commission
Members Present: Andy Dibble, Chairman; Philip Bagby, Vice Chairman; Mark Evans,
Scott Morgan, John Symonds, Tiffany Webster and Jay White.
Members Absent: Sue Moore and Jason Myers
Others Present: Joseph Hurst, Planning Director; Lisa Franklin, Planning Assistant; David
Martin, Building Inspector; Candice Settle, City Attorney. John Peiserich, Kevin Williams and
Steve Wachnowski with Oxane Materials.
Chairman Andrew Dibble called the Van Buren Planning Commission meeting to order at 5:30
p.m.
The first item on the agenda is to approve the minutes from the last meeting. Scott Morgan
makes the motion to approve the minutes and Tiffany Webster seconds the motion. The minutes
are approved unanimously.
The second item on the agenda is the public hearing on the variance request presented to the
commission by Oxane Materials.
The variance request states the location of the property is 3003 Industrial Park Rd., and that
Arkansas Warehouse, Inc. owns the building and property.
Oxane Materials is requesting the elimination or reduction of the existing rear 12 ft. setback to
allow for a building addition. The request letter states that Oxane Materials’ proposed addition
and a driveway access would cross a property boundary line and encroach on the 10 ft. pipeline
right-of-way that was previously granted to Southwestern Glass Company.
Andrew Dibble, Planning Commission Chairman, invites Oxane to present the request to the
commission. Mr. John Peiserich, representing Oxane Materials, presents the request to the
commission.
Andy Dibble voices concern that the request says that the proposed addition will cross the
property line and says that this is going to be an issue. He explains to the Oxane representatives
that the commission does not have the authority to allow someone to build over a property line
onto someone else’s property. During the discussion, Mr. Peiserich states that was a mis-
communication of their intentions. He states they did not intend to encroach on any other
property.
Mr. Peiserich requests the commission to approve this based upon contingency that they would
not be encroaching.
Vice Chairman Philip Bagby explains to the Oxane representatives that what they are asking for
in the request states they will be crossing the property line and interfering with an existing
easement and that is not within the jurisdiction of this commission to give permission to do.
Candice Settle asks the commission if the rear set back variance would be something the
commission would consider. The encroachment is not within the jurisdiction of the commission
for a decision. Both the commission and the city attorney state that the encroachment and
crossing property lines are not in their jurisdiction to approve. The encroachment issue would be
a private matter between the property owners and the commission could not give any permission
or recommendation on that issue.
The Oxane Materials representatives approach the commissioners with the survey drawings in
order to specify their exact intentions. The commissioners and the Oxane Materials
representatives have an in depth discussion and as a result the commission decides they would be
willing to allow the zero rear set back on the property.
Scott Morgan makes the motion that this commission would grant a variance on the zero rear
set-back on the property contingent upon the submittal of a new survey and drawings reflecting
the changes with no encroachments. Tiffany Webster seconds the motion. The commission
approves the variance with a majority vote of six commissioners in favor and an abstention from
Mr. Bagby.
Chairman Dibble asks if there is any other business before the commission. With no further
business, Scott Morgan motions to adjourn. Tiffany Webster seconds and the meeting is
adjourned.
__________________
Andy Dibble, Chairman Joseph Hurst, Planning Director
PROGRESS IS OUR PROJECT