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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 H.S Board of Adjustment -2- 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. Board of Adjustment -3- 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. Board of Adjustment -4- August 30, 1976 There was no further business to be discussed. OTHER BUSINESS The meeting was adjourned at 4:30 P. M. • • •