HomeMy WebLinkAbout1976-08-30 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M.,
Monday, August 30, 1976, in the Board of Directors Room, City Administration
Building, Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Connie Clack, James White, David Newbern, Chester House,
Larry Smith, Mrs. Don Mills.
Chairman Carl Yates.
Mrs. George Templeton, Mr. David Swenson, Bobbie Jones,
Robin Northrop.
Mr. White, acting as Vice -Chairman, called the meeting to order.
Mr. White opened discussion on the adoption of the RULES OF PROCEDURE
Rules of Procedure for the Board of Adjustment. BOARD OF ADJUSTMENT
Mr. White decided to read each paragraph separately and comment accordingly.
Mr. Newbern said that the August 12, 1976 copy of the Rules of Procedure, is the
latest copy; there are no other revisions, at this time.
Paragraph 1 --- Purpose.
David Newbern commented that the reason that the word “regulations" was included
was because they have gone slightly beyond just the procedure that takes place
before the Board. During this time, we have gotten into denying occupancy
permits and that sort of thing, which is very appropriate, it goes a little
beyond iprocedure", and that is the reason that it is included.
Paragraph 2 Time of Meetings.
Mr. Newbern said that the City Attorney raised a point in his letter, saying that
the statute requires them to set a time for regular meetings and he questioned
a provision which was very similar to Number 2, because it did not do that, and
Mr. Newbern fully agrees that it does not set a time, but it provides for
setting a time and it seems that it would be better to have rules that provide for
setting a tine and leave some room for flexibility.
Paragraph 3 Place of Meetings..
No comments.
Paragraph 4 -- Records of Meetings.
Mr. House wanted to know what was meant by the majority of the Board that is
present. What if there are only three (3) persons present?
Mr. Newbern said that they would not have a quorum. Four- is a quorum
Mrs. Clack said that they need to have at least three (3) affirmative votes.
Paragraph 5 --- Quorum.
Mr. Newbern said that he has an excess of commas and he would like to delete
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August 30, 1976
the commas after "appeals" and "meeting", at the end of the line.
Paragraph 6 --- Election and Duties of Chairman and Temporary Chairman.
Mr. Newbern said that they have no real set procedure --they have not been
electing a new chairman annually. This has a provision that the person
elected have at least one year remaining to serve on the Board. He feels
that Carl Yates has done an excellent job, and that he would like to see
him be re-elected until "he can't stand it anymore." This does not provide
for an election of a Vice -Chairman; this, he felt, was not necessary; the
person having the longest tenure could serve as Temporary Chairman.
Paragraph 7 --- Conduct of meeting.
No comments.
Paragraph 8 --- Applicant or Representative to be Present.
Mr. White said that he thinks it is important to have the applicant be
present, instead of someone else (i.e.--tenant), to appeal for a variance.
Paragraph 9 --- Actions Which May be Taken.
Bobbie Jones said that the Zoning Ordinance allows the Planning Commission to
table Rezoning Petitions for a maximum of 45 days, past the piublic hearing.
At the end of that time, they must either take action or get an agreement in
writing from the petitioner, or the petition automatically goes before the
Board with a recommendation for approval. Both the Zoning and Subdivision
Regulations, have a definite time in which the Planning Commission must take
action.
Mr. Newbern said that if theydid refuse to decide on an appeal, then the
applicant would have to go to Court, and it would be another burden on the
applicant. The Board of Adjustment should come up with a reasonable dead-
line. They need something that would say that if the variance is not granted
within a period of time, it would be denied, and that would give the applicant
time to appeal.
Mr. White wanted to know if 45 days was o.k.--would that be a reasonable time
period?
Bobbie Jones suggested that this period might be further extended by a written
statement from the applicant.
Paragraph 10 --- Rehearing.
No comments.
Paragraph 11 --- Enforcement.
No comments.
Paragraph 12 --- Time Limitation.
Mr. Newbern said that the time limitation should be set off with commas after
"issued" (first line), and "variance" (second line).
Mr. White wanted to know if there was a limit on a building permit.
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August 30, 1976
Bobbie Jones said that a building permit requires that construction begin within
six (6) months from date of issuance, and be completed within two (2) years.
Larry Smith said that this bothers him very much because if he is working in the
Architect Office and he has a limited building site --he has to know, before he
spends a year -and -a -half on the project, if it is o.k. to build on that site, or
he is wasting a whole lot of time. For example, he worked on the plans for First
Federal Building for 11 years.
Bobbie Jones said that the Board, perhaps, should have discretion to extend that
time limit in certain instances.
Larry Smith said that you can't get a building permit until the plans are o.k.--
and some projects sometimes take 2 or 3 years to design.
Mr. Newbern said that the Board should not take action on the Rules of Procedure
until they get these things worked out. He would like this subject to come up
before the next Board of Adjustment meeting.
The public hearing was opened on Appeal No. 76-22,
David Swenson, 810 S. Washington, on an application
to vary setbacks.
Mr. David Swenson was present to represent this appeal.
APPEAL NO. 76-22
David Swenson
810 S. Washington
Mr. Swenson said that he wants to add on to the side of his house, maintaining
the present building line at the front and back, just going to the side and not
going any closer to the street than the house exists already. He wants a 14 ft.
wide addition.
Mr. Newbern wanted to know how long he has owned this property.
Mr. Swenson said that he has owned it since last March, and intended to make the
addition when he bought it. It is a pretty small house --he just wants a couple
more rooms. He said that he still has 15 ft. to the property line on the side.
He said he was not aware of the requirements for setbacks.
Mr. Newbern wanted to know if the addition would be the same kind of structure.
Mr. Swenson said that it would be wood frame, with a stone fireplace. He said
that the fireplace would be on the side.
No one was present to oppose this appeal.
The public hearing was concluded.
Mr. House wanted to know if Washington Avenue is on the APPEAL NO. 76-22
Master Street Plan. David Swenson
Bobbie Jones said that it is on as a minor street --College 810 S. Washington
is the major street on the Master Street Plan. Washington
is a minor street, it only has 40 ft. of right-of-way, and even minor streets
should have 50 ft. of right-of-way.
Mrs. Mills said that when you look at his home, this is the only logical way
to add on to it. She doesn't think the addition will make it any more non-
conforming. She said it seems that other houses on the street are even closer
to the street than his house.
Mrs. Clack said that the variance required is so small that the chances of
any problems arising are very remote.
Mrs. Clack moved that they approve this variance, as requested.
Larry Smith seconded the motion. The vote was 5-0-1, in favor of approving
the variance, with Mr. Newbern "Abstaining."
The minutes of the August 16, 1976 Board of Adjustment MINUTES
meeting were approved as mailed.
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August 30, 1976
There was no further business to be discussed. OTHER BUSINESS
The meeting was adjourned at 4:30 P. M.
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