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HomeMy WebLinkAbout1978-11-20 Minutes• MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Board of Adjustment was held on Monday, November 20, 1978, at 3:45 P.M., in the Board of Directors Room, City Administration Build- ing, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Chairman Carl Yates, Dr. James White, David Newbern, Mrs. Don Mills, Chester House, Larry Smith, and Richard Osborne (arrived at 4:25 p.m,). None. Bobbie Jones, Gail Biswell, Hugh Kincaid, Mr. and Mrs. W. C. Morton, Paul Sharrah, Richard Atkinson, Mrs. David Colclasure, and Frank Scott. Yates called the meeting to order. PUBLIC HEARINGS: As no one was present to represent Appeal No. 78-25, Howard Prichard; Appeal No. 78-26, • David M. Colclasure; and Appeal No. 78-24, W. C. Morton, the first item for public hearing was Appeal No. 78-27, Frank Scott, 380 West 27th Court; Application to waive requirement that a lot have frontage on a public street. Hugh Kincaid was present to represent. Hugh Kincaid, attorney for Frank Scott, presented Mr. Scott's appeal to the Board. Mr. Kincaid stated that, basically, Mr. Scott would like to build a home on his mother's 40 acres. His house would be served by the same private road that had adequately served his mother's house for many years. He stated that the road has been well-maintained and that it offered safe and convenient access for services, police and fire protection. Mr. Kincaid stated that Mr. Scott and his mother, Mrs. Hodnett, did not ever plan to develop or subdivide the 40 acres, but that they wanted to keep the property in a natural state and hold as a family estate for future generations. Mr. Kincaid stated that if this Board decided to require the Scotts to dedicate and build a public road to the existing public road (a distance of approximately 810) to serve only this additional house, that this would be a hardship for them, He also stated that Mr. Scott's mother was deeding the property to her son only for purposes of obtaining a mortgage for construction and that the house was to be built for a private home only and not ever intended for resale. Carl Yates inquired whether Mr. Kincaid felt there might be a problem in getting Mr. Scott's mother to grant him an unrestricted easement across her other property for road purposes should the Board desire such an easement. Mr. Kincaid replied that he didn't foresee any problem in getting an easement. He further stated that, if nothing else, an "easement of necessity" or "actual Use' would be available. A short discussion ensued. • PUBLIC HEARING APPEAL NO. 78-27 Frank Scott 380 West 27th Court Ng • Board of Adjustment Meeting November 20, 1978 - 2 • • Chairman Yates asked if there were any further comments or questions by the Board or anyone else present, and there being no more, the public hearing was declared closed on this appeal. Mr. and Mrs. W. C. Morton were now pres- ent and Chairman Yates declared the public hear- ing to be open on Appeal No. 78-24, W. C. Morton, 705 Sunset Ave.; Application to vary required setbacks. Mr. and Mrs. Morton were present to represent. Mr. Morton stated that he was requesting a variance in order that his rear yard setback could be shortened from the 20 feet required to 10 feet. He stated that, although his building permit had been issued for a house with a 2 -car garage, his mother-in-law would be residing with he and his wife and since the three of them each had cars, they felt an additional garage necessary Mr. Morton stated that the slab has already been poured for this additional space and that, if this variance is granted, the only change in the structure would be that the roof line of the house would be extended to cover the slab. Mr. Morton further stated that at this time they were undecided as to whether or not the west wall would be closed in or left open as a carport. Mrs. Morton stated that, no matter which way the garage would finally be constructed, she intended to build a "rose fence" along this end of the garage and that this would be enjoyable for her family as well as the neighbors. Mr. Morton stated that the only problem he could foresee with the extension of the roof line might be one of water drainage, but that with proper guttering and precautions he did not feel this would be an insurmountable problem for the neighbors to the west (the Sharrahs), He stated that he had intended to speak to Mr. Sharrah about the possibility of a water problem, but that he had not as yet done so. Chairman Yates inquired of Mr. Morton as to the height of the retaining wall running along the slab for this additional garage. Mr. Morton replied that it was approximately 3-4 feet. Mrs. Jones read the definition of a "yard" as defined in Article 17 (Appendix A -Zoning) of the Fayetteville Code of Ordinances, which states: "A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility." Mr. Paul Sharrah, present in opposition, stated that the elevation of Mr. Morton's land rose slightly toward his own lot and that the additional rise, as well as the height of the house's foundation, made the house quite high on the west side. Mr. Sharrah stated that he was embarrassed to have to come before a public meeting and oppose a neighbor, but that he felt the addi- tional crowding of the house to the side of the yard was just not "good planning." After a short discussion, Chairman Yates asked if there were any further comments or questions by the Board or anyone else present, and there being none, the public hearing was declared closed on this appeal. PUBLIC HEARING APPEAL NO. 78-24 W. C. Morton 705 Sunset Avenue • Board of Adjustment Meeting November 20, 1978 - 3 • • Chairman Yates then declared the public hearing to be open on Appeal No. 78-28, Richard Atkinson, 695 Gray Avenue, property zoned R-1, Low Density Residential; Application to vary setbacks. Richard Atkinson was present to represent. Committee member David Newbern stated that he would like to disqualify himself on this item as he is a personal friend and colleague of the applicant. Chairman Yates accepted Mr. Newbern's abstension. Mr. Atkinson presented his appeal to the Board, stating that he was re- questing a variance to allow him to build 211 feet from the street right-of-way instead of the required 25 feet, He stated that his decision to place the additional bedroom and bathroom at this location was made for the reason that this was the only conceivable place to add to the house and preserve the effi- cient layout of the existing house, as well as to preserve the many large trees on his lot. He stated that he had contacted nearly every neighbor along Cleve- land and Gray streets and that not one had any objections to his proposal. On the contrary, he stated, every neighbor's reaction was one of great enthusiasm for his project. He stated that several of the neighbors had commented that they thought his project would be a great improvement to the neighborhood. He stated that this addition to the house was necessary in order to obtain necessary storage room and additional needed space, as well as to insulate the rest of the house from the noisy traffic from Cleveland Street. He stated that the addition would actually only come within 27 feet of the street, as the street didn't cover the entire right-of-way. He said that there would still be plenty of room between the addition to the house and Cleveland Street even if Cleveland Street was someday improved and widened. Chairman Yates stated that he was very pleased with Mr. Atkinson's efforts in talking to his neighbors and getting their approval, if not enthusi- astic support, for his project. Drt White inquired of Mr. Atkinson whether he had obtained signatures of the adjoining property owners and neighbors. Mr. Atkinson replied that he had and at that point introduced to the Board the signatures of said neighbors and property owners which were passed around the room. Chairman Yates then asked if there were any further comments or questions, and there being none, the public hearing was declared closed on this appeal. PUBLIC HEARING APPEAL NO. 78-28 Richard Atkinson 695 Gray Avenue The next appeal for public hearing was Appeal No. 78-26, David M. Colclasure, 3240 Old Farmington Road, property zoned R.1, Low Density Residential District; Application to waive requirement that a lot have frontage on a public street. Mrs. David Colclasure was present to represent. Mrs. Colclasure presented the appeal to the Board, stating that she and her husband wanted to a build a home on her parents' property in order to be nearer to them (they are elderly) since she must care for them. She stated that, although the lot they wanted to build on was not very large and it did PUBLIC HEARING APPEAL NO. 78-26 David M. Colclasure 3240 Old Farmington Road • 50 • Board of Adjustment Meeting November 20, 1978 - 4 - • • not have frontage on a public street, she needed the house at this location in order to conveniently care for her parents. She stated that they didn't want to build on the other side of the private road since their grazing land was on that side of the road. Chairman Yates asked if she would be able to obtain an unrestricted easement from her parents or perhaps her neighbor (she was not positive which owned the private road) for roadway purposes, should it become necessary. She stated that her parents would be very glad to give her an easement, and that her neigh9or had stated that he would sign anything necessary for her to obtain permission to build where she wanted to in that she had let him use her property to put in a water line to his house She stated that her neighbor would be willing to help her in any way possible. Chairman Yates asked if there were any further comments or questions, and after a short discussion, the public hearing was declared closed on this appeal. Chairman Yates asked whether anyone was present to represent Appeal No. 78-25, Howard Prichard, 1194 South Washington Avenue, applica- tion to vary setbacks. As no one came forward, Bobbie Jones suggested that the item be tabled until she could contact the applicants. Chairman Yates stated that the item would be tabled until the next regular meeting. He asked Mrs. Jones to contact Mr. Prichard and inform him that it was the Board's policy to not hear an appeal without the owner or another representative to present the appeal. CONSIDERATIONS: Chester House moved to grant Appeal No. 78-27, Frank Scott, with the condition that a 25 feet unrestricted easement to the property from the platted public street be obtained by Mr. Scott. Dr. James White seconded the motion. Mrs. Mills inquired whether this Board should take any action on this request since the Planning Commission. was presently looking into the feasibility of allowing unrestricted easements in lieu of fee simple title to property for street frontage requirements. Richard Osborne stated that he had taken this question to the Planning Commission and that a committee thereof had been ap- pointed to study the question and make a recommendation. Chairman Yates stated that he felt Mr. Scott's situation to be somewhat different than normal as this was a family estate and not intended for further development. Dr. White called for the question, and after a vote having been taken, the motion to grant the appeal passed unanimously. PUBLIC HEARING APPEAL NO. 78-25 Howard Prichard 1194 S. Washington Avenue CONSIDERATION OF APPEAL NO. 78-27 Frank Scott 380 West 27th Court Board of Adjustment Meeting November 20, 1978 Mrs. Bobbie Jones stated that she had re.T ceived a telephone call from another neighbor of the Morton's and after she had explained the variance request to this neighbor, he had no objections to the request. She said that this neighbor stated that he would have objected if the request had been to build closer to the public street. David Newbern moved to deny the variance request. the motion, which passed unanimously. Dr. White stated that he was very pleased that Mr. Atkinson had made such an effort to talk to his neighbors and get their support. He moved to approve the request. Chester House seconded the motion, which passed 6-0-1 (David Newbern abstained). David Newbern moved to grant this request upon the conditions that (1) the petitioners obtain a 25 feet unrestricted easement suffi- cient to provide ingress and egress to their property from the public street, and (2) that the petitioners meet all setback requirements from their private road the same as they would be required to meet if the road were a public street. Dr. White seconded the motion, which passed unanimously. Dr. CONSIDERATION OF APPEAL NO. 78-24 W. C. Morton 705 Sunset Avenue James White seconded CONSIDERATION OF APPEAL NO. 78-28 Richard Atkinson 695 Gray Avenue CONSIDERATION OF APPEAL NO. 78-26 David M. Colclasure 3240 Old Farmington Road The minutes of the previous meeting of November 6, 1978 as mailed. The meeting adjourned at 5:10 P.M. were approved 52