HomeMy WebLinkAbout1981-05-04 MinutesMINUTES OF A BOARD OF ADJUSTMENT FETING
A meeting of the Board of Adjustment was held at 3:45, P.M., Monday, May
4, 1981, in the Directors Room, City Administration Building, Fayetteville,
Arkansas.
MEMBERS PRESENT: Chairman Chester House, Robert Waldren, Larry Thompkins, Larry
Smith, Don Mills, Dr. David Crittenden, Wayne Ball.
MEMBERS ABSENT: None.
OTHERS PRESENT: Mr. $ Mrs. Robert C. Welch, Bobbie Jones, Cynthia Stewart.
The first item of business APPEAL NO. 81-6
was the Public Hearing on the Appeal ROBERT. C. WELCH
No. 81-6, Robert C. Welch, 730 730 SKYLINE DRIVE
Skyline Drive, application to vary
setbacks.
The request is for a setback of 13 ft. from
roof overhang to street right-of-way, where 25 ft. is required.
Mr. and Mrs. Robert C. Welchwere present to represent.
After the Chairman called the meeting to order, Mr. Welch addressed the
Board. He stated that he owns and has been living in the house at 730 Skyline
Drive for about 8 years. He wishes to remodel and enlarge the present structure.
He showed the Board the proposed plans and some photographs showing the slope of
the property on which the house sits and some existing retaining walls. He stated
that the house as it sits, does not meet the required setbacks, it is presently
about 21-1/2 ft. from the edge of the existing pavement to the roof line, and about
13 ft. from the actual property line to the roof line. He stated that he wishes
to remodel the existing house and add a garage, but will not build any closer to
the street. The remodeling will include the addition of a second story room,
and a green house as well as the garage.
Welch said his lot is very steep, but other houses on the street are
closer to the pavement than his house. The garage will be built on columns. If
the garage were required to be moved farther back, the amount of extra bracing
would make the expense of constructing the garage unreasonable. He said the only
other location where the garage could be located would be the South side of the
house, and in order to construct the garage there, the 8 ft building setback
requirement from a side property line would be violated. The green house will be
constructed on the South side of the house. The second story will consist of
a bedroom and a family room. The garage will be constructed on the North side of
the house and will be attached to the house.
Larry Thompkins asked if the present garage can be used Welch stated the
present garage consists of a drive through located in the basement of the house, the
clearance is 7 ft. and he cannot get his vehicle through the doors. Thompkins
asked if Lot 119 is presently used for an exit only. Welch replied that is correct.
Thompkins asked if the proposed garage is a two car garage. Welch replied it is.
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Board of Adjustment Meeting
Amhm"`1 Apiil 4, 1981
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Mrs. Welch stated that the proposed garage and present drive will allow
two more parking spaces for visitors. She stated that the street has a deep ditch
and there is no space for parking. If they are allowed to construct the garage,
their visitors will be able to avoid parking in the street or the ditch. Also,
there is a curve just past the house on the South side that is rather dangerous,
and parking in the street makes it very dangerous. Mr. Welch stated that he
has lost a pickup on the curve, and the last owner had lost her front porch and
a tree from a vehicle being unable to navigate the curve.
Larry Thompkins asked what the Master Street Plan requires as far as
right-of-way on Skyline Drive. Bobbie Jones stated 60 ft. __
Larry Thompkins asked what percentage of the 11,500 ft. in the area owned
by Mr. and Mrs. Welch is usable. Mr. Welch replied about 25 percent,due to the
steepness. Mrs. Welch stated there is some property at the rear of the lots that
could be used, but access down to it would be impossible.
Waldren asked if the existing garage in the basement could be remodeled and
used as a garage. Mr. Welch stated it could not, there is only about 6-1/2 ft.
of clearance from the concrete floor to the bottom of the joists.in the ceiling.
He said he could barely walk under the joists.
House asked if the peers that will be holding the garage in the rear will be
built on fill. Mr. Welch replied they would not, that they would excavate down to
natural ground. House asked if it would be possible to extend the garage two
feet further back. Mr. Welch stated there is a tree in the way.
The Chairman closed the public hearing and opened the appeal up to comments
from the Board.
Larry Thompkins stated that he felt that Mr. Welch's plan makes excellant use
of his land. He did not feel good about perpetuating a nonconforming use by
allowing parking in the street right-of-way, however, due to the topography of the
land, he felt inclined to go along with the request.
Mrs. Mills stated she felt Mr. Welch was making excellant use of his land
and that she is favorably inclined toward the request.
Ball stated that a definite hardship exists.
Larry Smith stated that Mr. Welch had done his home work and the proposed
plan makes good use of his land.
Mills moved to grant the variance as requested. Smith seconded.
Thompkins asked if there was any way possible to move the garage back as
he is concerned about parking on the street right-of-way. Mills stated that
she had been to the site, and that she felt it would be better to have vehicles
parked off the street. She said it is impossible to see around the curve. She said
she would rather have the cars parked off the street and not obscuring vision.
The motion to approve passed (7-0).
Larry Thompkins asked that his motion be changed MINUTES
on Appea1:b81-5, in the minutes of the April 20, 1981
meeting, Page 4, Paragraph 9, to read, "Thompkins moved not to uphold the Planning
Administrator's interpretation".
Crittenden moved to approve the minutes of the April 20, 1981 meeting of the
Board of Adjustment with that correction, Mills seconded. The motion passed (7-0).
There being no further business, the meeting adjourned at 4:30, P.M.