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HomeMy WebLinkAbout1979-09-04 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville, Board of Adjustment was held at 3:45 P.M. o'clock, Monday, September 4, 1979, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Carl Yates, Mrs. Don Mills, Chester House, Larry Smith, Steve Nickles, and Bob Waldren. MEMBERS ABSENT: NONE OTHERS PRESENT: Mrs. Bobbie Jones, Michelle Hale, and F. H. Martin. Chairman Yates called the meeting to order. The only item for discussion was APPEAL NO 79-27 a public hearing on Appeal No. 79-27, David R. Griffee David R. Griffee, 3220 Navajo Court, 3220 Navajo Court application to vary setback. This Appeal was to have been heard August 20, but there was no one present to represent. Present to represent was F. H. Martin, Attorney. First, Mr. Martin apologized to the Board for not being at the meeting of August 20. He had gone to Ozark for a highway dedication and had gotten back late. Mr. Martin then informed the Board that Mr. Griffee's house was about 31 years old. He said Mr. Griffee bought it with a conventibnalloan which did not require a survey. Apparently the prior owner also had a conventional loan. When Mr Griffee entered into the contract to sell the house under the City Bond Program, that is when the survey was made. The house overlapps into the required setback 6 ft. at one point and 3 ft. at another point. Factually, Mr. Martin added, the ordinance requires a 25 ft. setback from the street right-of-way. Mr Martin inferred that he thought the position of the sidewalk within the street right-of-way may have contributed of the error in the placement of the house. He said under the ordinance the variance can be granted in a situation where; (1) the person requesting the variance did not cause the problem, (2) it doesn't cause any harm or damage to neighboring property owners. Mr. Martin said the only other solution he could see would be to require removal of, or at least part of, the structure. Mr. Martin said that removal of the structure would be very costly and the only distinction he could see that applied here is that the sidewalk is set some distance out into the street right-of-way. The home is actually 25 ft. from the street (pavement). Mr. Waldren asked Mr. Martin who the orginal owner and builder of the house were. Mr. Martin told him that Earl Ogden had applied for and received the building permit. Mr. Martin said that he got a copy of the Building Permit and it indicated the setbacks of 29 ft. and 30 ft. were approved. Mr. Waldren asked if the setback on the Building Permit was from the street right-of-way or from the sidewalk. Mr. House informed the Board that the applications for building permits require that setbacks be shown from the roof overhang to the property line. Mr. Martin told the Board that the dotted line on a copy of the plat of Phase I of Sequoyah Woods was the sidewalk and it is shown within the street right-of-way. Mrs. Jones pointed out that the Subdivision regulations state that the sidewalk can be built adjacent to the curb or they can be set back with a parkway between the curb and sidewalk. She added that the parkway takes more engineering so it is usually done with the sidewalks alongside.the curb. Chairman Yates asked Mrs. Jones if she had any calls from neighboring property owners about this variance. She stated that she had none except that Mr. Ogden had called. She said she sent an agenda to him and he wanted to know why he had been sent one. He asked if he should be present at the Board of Adjustment meeting INS Board of Adjustment Meeting September 4, 1979 Page 2 and Mrs. Jones told him she could not require him to attend, but suggested he do so, even though he was not there. Mr. Martin told the Board that Mr. Griffee said he had talked to 3 of his neighbors that didn't object to the variance. Mr. Waldren said he didn't like this too much, he didn't know who was respon- sible, but he didn't think Mr. Griffee should be held responsible. Mrs. Mills added that she didn't think Mr. Griffee should have to clear up the problem either. She noted that a permit had been obtained but had not been followed as approved. She stated that the wrong person was having to clear up the problem. Mr. Smith stated that the Codes and Ordinances should cover situations such as this; but there is no way to assure the owner, builder, or the City that this will not be done unless a survey is taken. Mr. Waldren said he didn't think the Board of Adjustment should be the enforcing agent. He added that this should be looked into when it is being built and should be corrected then. Mr. House informed the Board that VA and FHA houses are required to have a survey and they don't have these difficulties. He said he has known of builders moving pins to suit themselves in a situation. Chairman Yates stated that it appeared to him that the setback requirement could have been met when it was being built, and that everyone on the Board is at sympathy with the owner. Mr. Nickles stated that he sees the Board as an administrative body. He couldn't see any difference between this case and the recent one on Mathia's Apartments. Mr. Nickles said he had tried for the last 2 weeks to find some situation peculiar to the land. Mr. Smith informed the Board that he had been very frustrated at times after previous meetings. He questioned if the Board could not analyze each case and judge it. He said he would like to know more about what the Board can and cannot do. He added that is personal feeling was that the Board should not even be listening to this appeal; it shouldn't have gone this long. Chairman Yates said that at one time the Board of Adjustment had asked the City Attorney for an interpertation of a hardship and asked how many of the Members had read the City Attorney's opinion. Mrs. Jones asked if the City Attorney had not used the words, "practical difficulty" as well as "undue hardship". Mrs. Jones added that so many of the builders assume that the street pavement is centered in the right-of-way; and it appears that the builder simply measured back from the curb in this.case. Mr. Waldren moved the variance be granted. Mr. Smith seconded the motion, which passed 5-1, with Mr. Nickles voting "Nay" because he could not see no differ- ence in this case and the one involving the apartments. Mr. House stated that any builder building within the City Limits should be required to take a "crash" course or be refused a building permit. Chairman Yates asked Mr. House and Mr. Smith to check with the City Attorney to see how this kind of problem could be prevented. The minutes of the August 20, 1979, MINUTES meeting were approved as mailed. There being no further business, the meeting was adjourned at 4:30 P.M. o'clock.