HomeMy WebLinkAbout1981-08-17 Minutes•
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MINUTES OF A BOARD OF ADJUSTMENT MEETING
A meeting of the Board of Adjustment was held at 3:45, P.M., Monday,
August 17, 1981, in the Directors Room, City Administration Building, Fayetteville,
Arkansas.
MEMBERS PRESENT: Chairman Chester House, Robert Waldren, Larry Smith, Dr. David
Crittenden.
MEMBERS ABSENT: Larry Thompkins, Don Mills, Wayne Ball
OTHERS PRESENT: William 0 Allen, Robert Mhoon, Bobbie Jones, Cynthia Stewart.
The first item of business was APPEAL NO. 81-9
the Appeal No. 81-9, submitted by 530 NORTH LEVERETT AVENUE
William 0. Allen for property located at WILLIAM 0. ALLEN
530 North Leverett Avenue, Zoned R-2, High
Density Residential District.
William 0. Allen was present to represent. He stated the building is
designated as a Student Center of the Assembly of God Church and caters to the
University Students. Last year, Mr. Allen and his wife moved into the
structure. They have been holding small group meetings in the living room
and have basically outgrown the area in which they meet. He stated the
variance is being requested in order to add a room onto the house for these
meetings. Allen stated there is one large meeting per month, those are
being held elsewhere. The meetings to be held in this structure will consist
of 4-6 people, 10 times a month. He stated that the area where the room will be
constructed was at one time a dilapidated porch, which has been removed. The
structure that will be constructed will be larger than the porch was, but will
sit in basically the same place.
The required setback for Churches is 50 ft. from other residentially zoned
property if fully air conditioned; 100 ft. if not fully airconditioned: The
applicant requests 4'6" from the North property line and 11' from the South line.
Crittenden asked what this type use is designated as in the ordinance. Bobbie
Jones stated that when this use was approved, it had been designated a Student
Center, the Conditional Use was granted in December of 1969. The ordinance
adopted in 1970 does not designate a student center, and with the current
ordinance, the closest designation would be a church use. She stated that when
the use was approvedsL the Board of Adjustment granted a variance of the minimum
land area and setback lines for an assembly.
Crittenden asked if the setback was 8 ft. Bobbie Jones stated that
according to the current ordinance,. the setback for a Church use is 50 ft. if
the structure is fully air conditioned and 100 ft. if it is not fully air conditioned.
Crittenden asked if there would be any internal remodeling done. Allen
stated there had been some in the past, but that he does not plan any. He said
the house is set up with a living room, dining room and kitchen down stairs and
two bedrooms upstairs. Crittenden stated he was a bit concerned about the use
the structure would be put to should Mr. Allen decide to move his student center.
He wondered if a sanctuary type use would be installed.
Allen stated that on one side of the structure there is a day care center
and apartments located on the corner, on the West side of the property there is
a University parking lot.
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Board of Adjustment Meeting
August 17, 1981
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Crittenden asked if people mostly walk to the group meetings. Allen stated
there is no parking for the center and that people generally walk to the meetings.
Crittenden asked if the building is owned by the Assembly of God Church. Allen
stated that is correct, it is a State organization.
Smith asked if all of the surrounding property is zoned R-3. Bobbie Jones
stated that is correct there is some P-1 in the area, located basically South
and West of this property.
Smith asked if this property could go back to a residential use Bobbie Jones
stated that is operating under a church use by Conditional Use and that it could
go back to a residential use. If it does revert back to a residential use,
they would have to obtain another conditional use in order to start it back up
as a church use.
Bobbie Jones stated there are several student centers in the area. Smith
asked if most of them were built prior to 1970. Bobbie Jones said she believed
they were. Smith said that if this use were considered residential, the
applicant would only need a variance on the North side.
Crittenden stated that the neighbors do not object to the variance, and it
certainly would not hurt the parking lot. Since there is not place to park it will
not contribute to any bad traffic conditions. He stated that it sounds like the
use will remain as is, but he would not like the idea of remodeling the house
into a sanctuary.
Bobbie Jones stated that restrictions could be placed on the approval of the
variance.
Smith did not think this use was addressed very well in the. ordinance.
The Chairman closed the public hearing on Appeal 81-9.
The next item for consideration was
the Appeal No. 81-10, submitted by Robert Mhoon,
for property located at 2130 East Huntsville
APPEAL NO. 81-10
2130 EAST HUNTSVILLE ROAD
ROBERT MHOON
Road, zoned R-2, Medium Density Residential
District, an application to vary setbacks from
8 ft. on the side setback to 0 ft.
Robert Mhoon was present to represent. He stated that he had torn down an
old garage and had it rebuilt by Gordon Wilkins. Mhoon stated he had been unaware
that a building permit was required, and felt that had been the responsibility
of the contractor. He stated that after the garage had been rebuilt, it was too
close to his father's property line. The garage is very nearly completed, and
it would be a hardship to move it.
Crittenden asked how close to completion the garage is. Mhoon stated that
all it needs to be completed is an overhead door and a concrete approach.
Crittenden asked if Mr. Mhoon felt it was the builder's fault. Mhoon stated
he felt it was; that the contractor should have known that he needed a building
permit. He stated the contractor would not even attend the meeting with him
today Mhoon stated the present garage sits on the same foundation and in the same
place and that it is the same size as the one that was torn down. He stated
that it sits right next to his father's garage and they have been side by side
for thirty years. Mhoon stated he has a letter from his father stating that he
has no objection to where the garage sits. Mhoon stated that either he or his
father own all the property surrounding the site.
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Bob Waldren asked if this had all been one piece of property at one time,
Mhoon stated that is correct and that someday it wll all belong to him. Waldren
asked if these would be considered one piece of property if they were owned
by the same person. Bobbie Jones stated that the ordinance only allows one
principle structure per lot. Accessory structures such as garages should
meet the setbacks.
Crittenden asked what had led up to this request for variance. Bobbie Jones
explained how the inspection department had become aware of the construction.
taking place without a permit.
House felt the contractor should have known that a building permit was
required.
Crittenden stated that this had happened before, where the contractor had
ignored the fact that a building permit was required, and, also, ignored the
zoning requirements. The Board is left with a land owner coming in to plead his
case
Crittenden stated the Board is faced with punishing an innocent party or
forcing the innocent party to take the contractor to court, if they choose to
not grant the variance. He felt that the real perpetrator of the crime is not
being penalized. By granting the variance, the Board is putting a stamp of
approval on an illegal practice and it just continues.
Smith asked if there was anyway that Mr. Mhoon's father could deed enough
land to make the garage conforming. After much discussion, it was decided that
even if both garages were deeded to Mr. Mhoon, there would still be a nonconformity.
The Chairman closed the public hearing on Appeal No. 81-10.
The Chairman opened Appeal No. APPEAL NO. 81-9
81-9 to comments from the Board and told
the petitioner to add whatever pertinent comments he had.
Smith stated that this is sort of a gray area in the zoning ordinance. The
structure is not even really being used as astudentcenter, it is more of a
residence. There are several other student centers in the area that are probably
being used in a similar manner under similar conditions. The building was
constructed prior to the current zoning ordinance. Smith stated that this
particular variance request does not bother him as long as conditions are
stipulated concerning future use of the structure.
Bob Waldren stated he would also like some stipulations regarding future
use of the structure. He felt a little concern about approving this and having
it expanded in the future to a more aggressive use.
Crittenden moved that the variance be granted as requested with the condition
that the variance will be in effect only as long as the use of the property
is continued as primarily a residential use.
Larry Smith seconded. The motion passed (3-0-1) with Bob Waldren abstaining.
The Chairman reopened the Appeal APPEAL NO. 81-10
No. 81-10 for comments from the Board
and told Mr. Mhoon to add any pertinent
information he may have.
House stated this is a fairly common occurrence. He stated his thinking is
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August 17, 1981
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that the variance should be allowed for the garage to be completed. He did not
see any way to deal with the contractor.
)Bobbie Jones stated that the permit fee could be doubled.
House stated he was familiar with the neighborhood, that the previous
structure was in bad shape. He said he could not help being sympathetic with
someone who was trying to upgrade their property.
Crittenden stated he agreed with Mr. House. However, he felt that the
garage could have been placed on the property so that it was conforming.
Bob Waldren stated he felt sympathy for the property owner. It seems
the people who are supposed to know about obtaining building permits are never
penalized in this type of situation. If the variance is denied, the property
owner will have to go to court or tear down the garage. Either way, the property
owner will be penalized and not the contractor.
Crittenden stated that this will all be Mr. Mhoon's property at some time in
the future anyway.
Smith stated he agrees with everything that had been said so far. However,
he stated that if the variance is granted, it will be hard to turn down the
next person who comes in and asks for the same type of variance. He did not like
being put on the spot. On the other hand, Mr. Mhoon will probably acquire the
other piece of property.
Smith said he would like to see the garage moved. However this is impossible,
and that is probably the thinking of the contractor.
Crittenden moved that the variance be granted. Bob Waldren seconded.
The motion passed (4-0).
Bob Waldren moved that the minutes
of the July 20, 1981 meeting of the Board
of Adjustment be approved as mailed.
Crittenden seconded. The motion passed (4-0).
It was agreed that since the next
meeting of the Board of Adjustment is scheduled
on a holiday (Labor Day), there will be only
one meeting in September to be held September 21, 1981.
MINUTES
OTHER BUSINESS
There being no further business, the meeting adjourned at 4:55, P.M.
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