HomeMy WebLinkAbout1978-06-19 Minutes.MINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held on Monday,
June 19, 1978, in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Vice -Chairman James White, Larry Smith, David Newbern,
Richard Osborne, Mrs. Don Mills, Chester House.
Chairman Carl Yates.
Bobbie Jones, Angie Medlock, Attorney Tom Burke, Don Moore,
City Manager Don Grimes.
In the absence of Chairman Carl Yates, Vice -Chairman
meeting to order.
James White called the
The only item for discussion was the public APPEAL NO. 78-11
hearing on Appeal No. 78-11, Don Moore, Don Moore
1793 Applebury Place on an application to 1793 Applebury Place
vary setbacks, or more specifically, he is
asking for a side property line setback of 4 feet, and 5 feet, 6 inches, and the
requirement is 8 feet from the side line.
Tom Burke and Don Moore were present to represent.
Mr. Burke said Mr. Moore had entered into an agreement with Mrs. Edmiston to build
the structure and he assumed she would comply with the requirements of the Zoning
Ordinance. He said when the inspector issued the stop work order, it was apparent
the permit had not been issued. Mr. Burke noted that the adjoining property owner
does not object to the variance. He said the building is about 80% complete and
would have to be substantially destroyed in order to meet the setback requirement.
Dr. White questioned if the measurement shown is from the roof overhang and Mr.
Moore said it is from the overhang.
In answer to Mr. Newbern's question, Bobbie Jones explained that the 4 foot variance
requested is to the storage shed from the property line and the 5 ft. 6 inches
is from the carport to the property line.
David Newbern said he thought most contractorsgenerally understood that they are
to get a building permit before beginning construction.
Bobbie Jones said she had talked to Helen Edmiston who said there had been
a misunderstanding and someone who does work for her had undertaken to complete
the job on his own. She said, however, when they issued the stop work order,
someone from her office did come in for the building permit.
David Newbern asked if Mr. Moore had bought the house or built it and Mr. Moore
said he had bought it.
Richard Osborne pointed out that no one was present objecting to the variance
and there was a letter in the agenda from the adjoining property owner who said
he had no objections.
Chester House said he is in sympathy with the property owner, but felt they
may be setting a precedent for this type of variance in the future.
David Newbern said he felt they should consider this request just as if it had
not been built. He said the fact it is already constructed should not be
considered one way or the other. He said the Board of Adjustment's job is
to consider if the variance is justified if the building permit were to be
applied for -.today.
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Board of Adjustment Meeting
June 19, 1978
Dr. White asked what justification there would be for granting the variance with
that in mind.
Tom Burke said with the size of the desired improvement, it might not be possible
to locate the addition on the lot.
Dr. White questioned if the house sits parallel to the street and Tom Burke said
it does not.
David Newbern questioned what the applicant's course of action would be if the
request were denied.
Mr. Moore said he does not feel there is any way to build that structure on the
end on the house, other than like they have done. He said the addition is 24 feet
by 32 feet, and they would probably have to remove the entire structure.
Dr. White questioned how this came to Bobbie Jones' attention and she said the
inspector had seen it and noticed that there was not a permit.
Larry Smith noted that this is not a 4 foot variance the uniform length of the
house and it does get greater as you approach the street.
Chester House said he feels the contractor on the building should be present at
the meeting. Tom Burke agreed that they feel it is the contractor's responsibility
to try to clear this up. David Newbern noted that the Board of Adjustment rules
require that the property owner be present.
Dr. White questioned if Mr. Moore has a written contract with Helen Edmiston
and Mr. Moore said it was a verbal contract.
The public hearing was concluded.
Mrs. Mills said she felt there would have been no need for the variance had the
permit been obtained. She said she felt with planning, this situation could have
been avoided. She said she feels this is a problem which the Moore's have through
no fault of their own.
Mrs. Mills questioned if this is an unusual occurance and Bobbie Jones said this
has happened before.
Dr. White questioned what would have happened if they could have met the requirements
and Bobbie Jones said they would have issued a permit. She said the Inspection Office
may be able to charge a double fee for their failing to obtain a permit.
Richard Osborne said he does not feel this would be setting a precedent. He
said he feels they consider each case on a unique basis.
David Newbern said he is trying to see if this variance is unique since it
only requires a variance on the northerly line. He questioned if they would have
granted the variance if he had applied for it before applying for the permit. He
felt they would have suggested that he buildthe storage building behind the
house, or build a smaller carport, if necessary, He said he felt they would not
have granted the variance for cosmetic reasons.
Mrs. Mills questioned if on an oral agreement the contractor would be responsible
for obtaining the building permit and Chester House said it differs with different
contractors.
Richard Osborne said it isnotnormal for a contractor to go out and start driving
nails without the property being posted with a site card showing that the permit
has been issued.
Larry Smith said he felt if the house had been parallel to the property line and
there had been a request for a 4 foot variance, he felt he would have gone along
with it. He said he still looks at the one corner as being the obstacle. He
noted that this type of situation on this type of lot may never come up again.
Mrs. Mills said she could understand if this were a new builder in Fayetteville.
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Board of Adjustment Meeting
June 19, 1978
Richard Osborne made a motion to grant the variance due to
of the lot and the placement of the house thereon, and the
Larry Smith seconded the motion.
The Board indicated they felt the builder should be assesse
not obtaining the permit.
The motion passed 4-2, with Mills, Osborne, Smith, and Whit
Newbern and House voting "Nay".
Richard Osborne made a motion to approve the minutes of
the June 5, 1978 Board of Adjustment meeting.
Mrs. Mills seconded the motion which passed unanimously.
the peculiar shape
direction of the street.
d a double fee for
e voting "Aye" and
MINUTES
City Manager Don Grimes explained a PROSPECT 4 GREGG
problem which he has with a lot located
on the corner of Prospect and Gregg Streets. He noted that the Master Street
Plan calls for an 80 foot right of way on Gregg and there is only 25 feet
existing right of way on the west side of this lot "and only 50 feet right of
way on Gregg north of this lot. He said he is contemplating getting 25 feet
right of way to make this a 50 foot street. He explained that the owner is
wanting to get a lot split, but the City cannot issue the lot split without
taking the needed right of way. He explained that he has a plan to split the
lot into two usable tracts of land but they will not meet the zoning requirements.
One of the lots will not have adequate lot area. He noted that whoever buys the
divided lots would probably be back for a variance, since these are two corner
lots, and they would have a difficult time meeting setback requirements.
David Newbern said he would not want to consider this since it would create a
situation where they would have to come back at a later date for a variance.
Dr. White questioned what they could do with the lot as it is and Bobbie Jones
said they could apply for a duplex, but it would have to be approved by the
Planning Commission.
Mrs. Mills said she felt the neighbors would object to the small lots. The
other Board members indicated they would not be in favor of granting any variance
to allow the lot splits.
The meeting adjourned at 4:35 P.M.