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HomeMy WebLinkAbout1979-08-06 Minutes• • • A meeting 1979, at Arkansas. MINUTES OF A BOARD OF ADJUSTMENT MEETING of the Fayetteville Board of Adjustment was held on Monday, August 6, 3:45 P.M. in the Directors Room, City Administration Building, Fayetteville, PRESENT: Chairman Carl Yates, Mrs. Don Mills, Chester House, Larry Smith, and Steve Nickles. ABSENT: Bob Waldren. OTHERS PRESENT: Bobbie Jones, Michelle Hale, Windell Cullers, and Hugh Kincaid. Chairman Carl Yates called the meeting to order. Chairman Yates opened the public hearing on Appeal No. 79-25, Windell Cullers, 2322 Lawson Street, on an application to vary setback of a 2 -car garage. Mr. Cullers requested a setback of 23 ft. from the street. The Zoning Ordinance requires a 25 ft. setback from the roof overhang to the street right-of-way. Mr. Cullers explained that Lawson St. is an irregular street anyway because it is paved but comes around his house then turns, and the pavement ends in front of his house Most of the houses have garages and the appearance would be helped. He told the committee that the hardship involved would be the moving of a 5 year old maple tree if he had to set the carport back the required additional 2 ft. Mr. House asked Mr. Cullershow long he had lived at this residence, Mr. Cullers replied that he had lived there for 4 years. Mr. Cullers told the Board that the garage would look strange if he had to set it back 5 ft. behind the front of the house He also stated that no other adjustment (variance) would be needed because the south side of the garage would meet the required setback. There being no public opposition expressed, Chairman Yates closed the public hearing on Appeal No. 79-25. CALL TO ORDER APPEAL NO. 79-25 WINDELL CULLERS 2322 LAWSON ST. The Chairman then opened the public hearing on Appeal 79-26, Hugh Kincaid, David Horne, $ Bass Trumbo d/b/a KHT Company, on an application to waive the requirement that parking areas be "durable and dust free". Mr. Kincaid explained to the Board that he and his associates are restoring the Walker -Stone house which is on the National Historic Register. They wanted to keep the house and its surroundings looking as orginal as possible. The proposed drive and parking area were to have a base of 4 inches of compactable gravel, topped with 2 inches of washed river gravel. Mr. Kincaid added that it would en- hance the appearance of the old home and he thought the community would be satisfied with the outcome more so than if he used asphalt or concrete. The architect's plans show a 7 inch metal strip set into the ground to be used as a divider between parking spaces. Mr. Kincaid said that they also want a per- meable surface because if asphalt or concrete had to be used it would cause them to APPEAL NO. 79-26 KINCAID, HORNE, AND TRUMBO 207 WEST CENTER ST. Ila J • • • Board of Adjustment Meeting August 6, 1979 Page.2 have to cut down several of the large trees surrounding the home, thus taking some of its natural and orginal beauty away. Mrs. Jones asked that the Board take note of the fact that Mr. Kincaid's letter also requested the variance cover the drive, as well as the parking area. She informed the Board and Mr. Kincaid that the ordinance has been broken down to cover parking areas for 1-5 spaces and then again for 6 or more spaces; the latter is required to be "durable and dust free" regardless of the location of the parking area on the property. Mr.Yatesthenasked how many parking spaces there would be. Mrs. Jones, looking at the plans, told him there were to be 9, and that the applicant's have received approval from the Planning Commission for 3 "off-site" parking spaces to be used in the City Parking Lot to the East of the subject property. Chairman Yates remarked that other than the crushed gravel there wouldn't be any dust. Mr. House could not understand why the engineers had laid it down with 2 inches of washed creek gravel on top of 4 inches of base material, because it would cause car tires to spin; but Mr. Kincaid added that the traffic wouldn't be too heavy. Mrs. Jones then asked, if in time the base would not work up through the washed gravel and become dusty, or if the wearing down of the gravel would not create dust. Mr. Kincaid explained that they would check the gravel and keep it with 4 inches of compactable gravel and topped with 2 inches of washed river gravel (as requested in the appeal). Mrs. Mills questioned Mr. Kincaid about his alternate plans, or if he had any. Mr. Kincaid said he had hoped the Board would look at it on the basis of its unique- ness and that he hoped he wouldn't need an alternate plan. Chairman Yates then added that, as proposed, it did not have the durability_of pavement and it was going to be difficult to drive on. Mr. Kincaid said he had confidence in his architect and the house was to be kept as orginal as possible. There being no further opposition, Chairman Yates closed the public hearing, Appeal No. 79-26. Chairman Yates opened the discussion on APPEAL NO. 79-25 Appeal No. 79-25, submitted by Windell Cullers. WINDELL CULLERS Mrs. Mills asked whether there were any plans to improve West Lawson Street where the pavement ends. Mr. Cullers said that there were plans to improve Porter Road as a Community Development Project and he felt that if this is accomplished the City will also pave this section of Lawson Street if for no other reason than to get rid of the last stretch of gravel road in that area. Mr. Cullers didn't know when the City would start construction. Mr. House added that it was near the top of the priority list. Mr. Smith then asked Mr. Cullers when the house was built, on the assumption that the ordinance had changed since and maybe it could pertain to his setback; Mr. Cullers said his house was 15 or 16 years old and Mrs. Jones said that the ordinance change had been in 1970. Mr. Smith said that the outside dimensions of the garage could be "swapped", putting the storage area on the South side rather than the rear (West); and it would then meet the ordinance setback requirements. Mr. Nickles thereupon stated that he was disinclined to grant the variance. Then Mr. Cullers added that "swapping" the dimensions wouldn't make it too difficult to use; but he was concerned as to whether he would have trouble tying the new roof into the existing roof gable. 113 • • • Board of Adjustment Meeting August 6, 1979 Page 3 Mr. Nickles then moved to deny the variance in light of the fact that it could be constructed differently to meet the setback requirements and still accomplish the same purpose. Mr. Smith seconded the motion on condition that it include a provision that Mr. Cullers be allowed to check into these other possibilities and if he could not find another way to meet the setbacks, he could bring it back before the Board without a new application, fee, or advertisement. Mr. Nickle amended his motion to that effect. Mr. House disqualified himself from the voting. The vote was taken and the motion to deny the variance as requested with a provision that Mr. Cullers could come back before the Board without filing a new application if he still found it difficult to comply with the setback requirements was approved 4-0-1 with Mills, Nickles, Yates, and Smith voting "Aye" and House disqualifying himself from voting. Chairman Yates then asked for the Board's feelings on Appeal 79-26, submitted by Hugh Kincaid, David Horne, and Bass Trumbo d/b/a KHT Company. APPEAL NO. 79-26 KINCAID, HORNE, AND TRUMBO Mrs. Mills was primarily concerned with the durability of the parking area but said'she didn't want to see asphalt or concrete being used there. Mr. Nickles agreed with the uniqueness of it. Mr. Kincaid added that there was a time problem involved since the bids were opening next week for the project. Mr. Nickles moved to grant the variance. Mrs. Mills seconded it, which passed 5-0. There being no corrections or additions to the minutes of the July 16, 1979,meeting, the minutes were approved as submitted. MINUTES There being no further business, the Board adjourned at 4:32 P.M. o'clock. Ott