HomeMy WebLinkAbout1980-08-04 Minutesr
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MINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting was held of the Board of Adjustment at 3:45 P.M., Monday, August 4,
1980, in the Board of Directors Room, City Administration Building, Fayetteville,
Arkansas.
MEMBERS PRESENT: Chairman Chester House, Wayne Ball, David Crittenden, Larry Smith,
Don Mills.
MEMBERS ABSENT:
OTHERS PRESENT:
Bob Waldren, Larry Tompkins.
Mel Milholland, Ralph Brophy, Kyung Soo Kim, Ed Harding, Art Mueller,
Bobbie Jones, Cynthia Stewart.
The Chairman called the meeting to order at 4:10 P.M.
The first and only item of business APPEAL NO. 80-16
was the Public Hearing on the Appeal No. 80-16, Ralph BROPHY ADDITION
Brophy, 2409-2429 and 2451 Brophy Avenue and VARIANCE SETBACKS, HEIGHT
2406-2452 Brophy Circle, request to waive FOURPLEXES
minimum lot width for an individual townhouse in
a townhouse development; to waive side setbacks
between separate structures without party walls, and to waive height limitations.
Mel Milholland was present to represent.
Mr. Milholland stated that the Developer was asking for two variances, a variance
of the width of the townhouses and variances of the height in regard to side setbacks.
Milholland said the present width requirement for a townhouse is 24 ft. He
stated that all units in this development will be 18 ft. 8 in. He also said that the
Developer was requesting this variance with the understanding that there is presently
a recommendation to reduce the minimum width of townhouses in townhouse developments.
from 24 ft. to 14 ft.
Milholland stated that the request for variance from the 8 ft. side setback would
apply to the two units facing Brophy Circle only. He said that the rear of these
units would be 18 ft. above ground level, but that the front of these two units would
be 31 ft., this to incorporate a tuck -under garage. He said that due to elevation,
the building height (from floor of garage to roof) would be 31 ft. but with the implemen-
tation of grading techniques, the height would probably be more like 26 or 27 ft.
Crittenden asked for a clarification of the setback requirements. Bobbie Jones
stated that for each foot of height over 20 ft. a building must be set back an
additional foot for every foot of height over 10 ft. This additional setback will
be in addition to the 8 ft. side setback.
Mel Milholland stated there is presently 10 ft. of setback as the development
is drawn.
Milholland stated that Township Road is at an 18 to 20 ft. incline. He said
that the next street up, Karyn, is 14 to 16 ft. higher in elevation, and that these
townhouses would not obscure the view from Karyn Avenue.
The Chairman asked Mr. Milholland if the roofs of the Townhouses would be flat.
Milholland stated that according to the drawing, the roofs would not be flat. He said,
however, he did not do the drawings; an architectural firm from out of town had
prepared them. The Chairman asked what the pitch of the roofs would be. Milholland
said the pitch would be 4:12. The Chairman asked how deep the townhouse would be from
front to back. Milholland said 27'4". The Chairman stated that the elevation of the
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Board of Adjustment Meeting
August 4, 1980
Page 2
building must be figured from the top of the house, or the ridge of the roof. He
stated, according to his calculations, the buildings designated at 18 ft. were in
fact 22 ft. in height.
At this time Bobbie Jones interjected that the Developer was requesting a waiver
of rear yard setback requirements on the units that face Brophy Avenue. This variance
had not been detailed in the information sent to the members of the Board of
Adjustment. Dr. Crittenden asked if this was an official request. Bobbie said
it was not advertised, or sent with the information enclosed in the agenda, but that
it was a request.
Don Mills arrived at 4:25 P.M.
Milholland stated that the rear of the units facing to the East require a
20 ft. setback from the property line, and that there is actually 13'8" from the
buildings facing East to the rear property line.
The Chairman asked if Mr. Brophy had any comments. Brophy stated that the
rear year setback on these units was 12'8" because of a highpressure gas line
that runs through the property on. the East side of these lots.
Bobbie Jones stated in light of this, the Board was actually looking at three
variances:
1. A variance in the minimum width requirement for townhouses from 24 ft. to 18 ft.
8 in.
2. A variance in the side setback for detached structures exceeding 20 ft. in
• height.
3. A variance from the rear yard setback requirement.
Bobbie Jones stated that withthe setbacks on the end of eachstructure, she
did not believe that each townhouse had 2500 square feet of land area which is
required by ordinance for a Townhouse Development.
The Chairman asked if there was anyone else present in.the audience in favor
of the requested variances. There was no one else in favor.
The Chairman asked for the comments of those opposed.
Ed Harding, 2485 Karyn, addressed the Board. He asked if the members of the
Board had a copy of the letter submitted to the Office of City Planning by
property owners in the neighborhood. The Chairman replied that he did. Mr.
Harding stated he was against the waiver of the height limitation. He said the
initial concept of the project was to utilize the topography of the region in
the view from their houses He said he would like the Board to restrict the height
of this townhouse development so that their views from their houses would not be
obscured.
Art Mueller, a property owner on Karyn, addressed the Board. He stated that
he was confused as to what is being requested of the Board. He stated he was
concerned about any development that might affect his property value. He also
said that the expression of what was actually being requested was vague He asked
if there was a height restriction for this R-3 Zone. Bobbie Jones stated there
was no height restriction, only that a building must be set back from adjoining
property further, the higher it is built.
Mr. Mueller stated that the number of buildings being proposed was vague He
said that there were actually more buildings proposed than those shown on the
drawings.submitted. Mr Mueller stated he did not know if he objects to this request
or not; he felt he had not been given enoughinformation to form an opinion.
Mueller said that from what he understood, the development falls far from
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Board of Adjustment Meeting
August 4, 1980
Page 3
meeting several requirements.
Mrs. Kyung Soo Kim, 2405 Karyn, addressed the Board. She stated that she was
afraid if the height requirements were waived, that the Developer could build as
high a building as he desired. She said that when she was building her house she
had been restricted as to height and actually had to cut off the chimney and
part of the roof. She stated at that time it had been a pretty big issue. She
said that what was really bothering her was that her view might be obscured. She
hoped the Board would restrict the height of this development.
Larry Poage, City Fire Inspector, addressed the Board. He asked how much
distance there would be from eave to eave between the North/South structures on
Brophy Circle. He said he needed this information to determine if there would be
room for fire fighting capabilities. Bobbie Jones stated the distance would be
about 25 ft.
Poage asked what the distance would be from the rear of the units on Brophy
Circle to the rear of the buildings on Brophy Avenue. Milholland stated 45 ft.
Poage stated that from the drawing it appears there will be 15 units. Bobbie
Jones stated that in fact there would be about 44 units. What the Board had before
it was a partial site drawing, covering only four of the eleven lots involved.
Wayne Ball asked if the Board was being asked to grant the variances on all
of the lots today. Milholland replied that it was
Don Mills apologized for her lateness, and asked for a clarification of what
was being requested. The Chairman reviewed what had been requested so far.
Mrs. Mills asked how much of a variance was being requested. Dr. Crittenden
replied that so far, that was not clear.
Wayne Ball asked if there were any covenants restricting height on Karyn.
Ralph Brophy stated there were, in that one could not build and obstruct the
view of the person above him. Brophy stated, however, on this phasesof the
subdivision there are no covenants.
The Chairman closed the public hearing on Appeal No. 80-16, and opened
discussion from the Board.
Mills stated that she did not feel comfortable in granting a variance, when she
did not know exactly what she was granting. She stated she was aware that an
amendment to the height regulations was to go before the Board of Directors and that
there may be new developments in that area.
Wayne Ball stated he was in agreement with Mrs. Mills. He said that he had some
concept of what was being asked, however, he said that the Board was being asked
for variances in regard to the three lots presented and then being asked to apply
them to the other lots. He said he had a problem defining what the Board was actually
being asked to do.
Smith stated he was also overwhelmed in that the scope of the development had
changed to incorporate the other lots. He said he would like some definite figures
to work with. He felt that by granting the variances,=the Board would be leaving
the Development open ended.
Crittenden stated he was in agreement with the feeling of the Board. He said
he was not actually in disagreement with the Developer, but that the Board was
being asked to multiply the material presented by three and the development might
have to be done completely differently at the other end of the block,::because the
slope of the land changes. He stated he would feel uncomfortable granting a
variance to land that he had not even seen on a plat. He said he felt the request
was vague.
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Board of Adjustment Meeting
August 4, 1980
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Milholland stated that it was not the Developer's intention to seem vague.
Larry Smith suggested replatting the development.
Crittenden stated that the Board was struggling with one variance that may
be partially resolved by Board of Directors action. He suggested that the Board may
grant the variance and it may not fit in with what is actually being planned.in
regard to side setbacks in relation to height.
Mills stated the Developers needed to be more precise in their presentation of
what is being requested.
House stated he was in sympathy with anyone who wants to utilize their property.
He said that condominiums and townhouses were going to be more and more a thing of
the future.
House recommended the Developer tabling this request and coming back before the
Board with a more detailed plan, encompassing the items that have arisen at this
meeting.
Crittenden asked if the plans were resubmitted, if they would not have to be
in the same form they were submitted at this meeting.
House stated that the Board could vote on having the Developer resubmit his plans.
Bobbie Jones stated that there were requests that were not advertised, such as
the variation from rear yard setback requirements. She said she felt that if the
plans were resubmitted, that they should also be readvertised.
Mr. Brophy and Mr. Milholland requested permission to withdraw the appeal.
The Chairman moved to accept the Developer's request to withdraw his appeal for
variance, for resubmittal at a later date.
Mills seconded House's motion and the motion passed (5-0).
Upon a motion by Crittenden and a second by
Smith, the minutes of the July 7, 1980 Board of
Adjustment Meeting were approved as mailed.
MINUTES
There being no further business, the meeting adjourned at 5:10 P.M.