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HomeMy WebLinkAbout1982-03-15 MinutesA meeting of 3:45 P.M., in the Arkansas MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: MINUTES OF A BOARD OF ADJUSTMENT MEETING. the Board of Adjustment was held Monday, March 15, 1982 at City Manager's Office, City Administration Building, Fayetteville, Chairman Chester House, Larry Thompkins, Don Mills, Butch Robertson, Dennis Becker, Dr. David Crittenden.., Bob Waldren. Mr. $ Mrs. Paul Jeske, Windell Cullers, Bobbie Jones, Cynthia Stewart. Upon a motion by Larry Thompkins and a second by Don Mills, the minutes of the March 1, 1982 meeting of the Board of Adjustment were approved as mailed (5-0-1) with Butch Robertson abstaining. MINUTES The next item of business APPEAL NO. 82-3 was the Public Hearing on the PAUL JESKE Appeal No. 82-3, Paul Jeske, 574 574 SOUTH SANG AVENUE South Sang Avenue, application to vary setbacks. Mr. and Mrs. Paul Jeske were present to represent. Mr. Jeske stated he and his wife represent their son who owns the property, but lives in Portland, Oregon. He showed the Board a picture of the duplex he proposes to construct on the lot. Mr. Jeske stated in order to position the duplex on the lot the way it appears on the plot plan, he needs a variance from the setback requirements from the street. Even if the variance is granted, the duplex will not set any closer to the street than other houses in the area. He stated he is dedicating 5 ft. for Sang. Avenue right-of-way. He said his son also owns the duplex to the East of this lot. That duplex sits 17 ft. from the property line, however there is a utility easement on the property line between the lots, 5 ft. of which extends on either side of the line. He stated he had discussed the possibility of doing a property line adjustment between the two lots in order to move the proposed duplex further back,. but with the utility easement, it wouldn't be enough to do any good. Larry Thompkins asked how tall the structure would be and if it would meet the setbacks as far as height. Mr. Jeske said he was not sure how tall the building will be. Bobbie Jones stated that even though it is not mentioned on the plot plan, there is another variance that will have to be obtained in order to construct the duplex on the lot as shown. Mr. Jeske needs a 2 ft. variance on the East side of the lot as well as the requested variance. She said this could be handled by property line adjustment. Dr. Crittenden asked Mr. Jeske if he could move the duplex 6" to avoid having to obtain the other variance. Mr. Jeske said he could. 61 A 6� Board of Adjustment Meeting March 15, 1982 Page 2 House asked for further comments. Jeske stated this is the last lot in a developed area, and that he would very much like to build on it. Mills asked Mr. Jeske what he plans to do about parking for the duplex to the East. She stated it appeared that the people living in that duplex are parking on the vacant lot. Mr. Jeske stated he believed parking could be provided on the lot of the existing duplex. Larry Thompkins asked the policy on use of an easement. Bobbie Jones said it can be built up to but nothing can be built upon it or overhang it. The Chairman asked if there were further questions. There being no response, he closed the public hearing on Appeal No. .82-3. The next item of business was APPEAL NO. 82-4 the public hearing on the Appeal No. WINDELL CULLERS 82-4, Windell Cullers, 219 North 219 NORTH BLOCK AVENUE Block Avenue, application to waive parking requirements. Windell Cullers was present to represent. Mr. Cullers stated he has been operating a picture framing shop at this address for seven years He stated he also rents a building across the street where antique sales and repair is being carried on at this time. This situation is not working out, he said he needs more room at 219 North Block. The house is old and contains a lot of square footage. There is a wood structure behind the house that is temporary. Mr. Cullers proposes to replace the old wood structure with a larger metal, temporary structure. It will sit on a concrete slab. He said this will add about 350 square feet to the operation and the ordinance requires a parking space for each additional 200 square ft. of floor area. Cullers said he disagrees that he needs that much parking. He is asking for an adjustment or relief from the strict requirements of the ordinance. Cullers stated there is plenty of parking behind the house and that parking has never been a problem. Cullers said the metal structure will be used to house a metal saw. The saw is noisy and he said he did not want it in the house Cullers said he did not think the parking requirement in this case is consistent with the use. Larry Thompkins asked if the parking area for the use should be paved. Bobbie Jones stated paving is not generally required on existing uses unless the building is added on to. Cullers said he does not own the building and that he will never own the building. Thompkins asked Cullers if he could get 11 parking spaces on the lot. Cullers stated he believed he could, however two trees would have to be removed to do it. He said that to put the paving in would create an economic hardship since he does not own the property. There being no further comment, the Chairman closed the public hearing on Appeal No. 82-4. • • • Board of Adjustment March 15, 1982 Page 3 The Chairman opened Appeal APPEAL NO. 82-3 82-3 to comments from the Board. Dr. Crittenden stated he has no problem with the request. Butch Robertson stated he would abstain, he said he is a new member and did not receive an agenda, or have much of a chance to study one. Crittenden said the duplex was real nice compared to the neighborhood. Becker stated he had no problem with the setback on the East side. The setback from the road does not bother him either since the other houses in the neighborhood are closer to the street also. Thompkins stated he felt the duplex would improve the neighborhood. However, he said he was concerned about the impact the structure, as proposed, would have on the neighborhood. Also, he felt taking the parking away from the duplex to the East would have an impact on the neighborhood. Mr. Jeske stated he would make it a condition of approval that parking be provided for the existing duplex. Mills stated the variance as requested is really not that much. She stated the use of the easement does bother her. She said it seems as if the lot is being over -built. Mills said it seems the construction of this duplex will greatly reduce the back yard of the duplex to the East. She felt it would be awfully close. Crittenden stated the whole neighborhood is close. Dr..Crittenden moved the variance be granted including the 2 ft. variance on the East side. Becker seconded. Larry Thompkins asked if this meant both variances would be granted with one motion. Dr. Crittenden withdrew his motion; and moved the variance as requested be granted. Mr. Jeske will obtain a property line adjustment, or move the duplex to meet setback requirements on the East line. Becker seconded. The motion passed (2-2-2) with Dennis Becker and Dr. Crittenden voting "Aye", Don Mills and Larry Thompkins voting "Nay" and Butch Robertson and Chester House abstaining, their abstentions going with the motion. The Chairman opened Appeal APPEAL NO. 82-4 No. 82-4 up for comment from the Board. Don Mills stated she is in this building often and that she has never had a problem parking. She said she did not see the addition of the metal building creating any problem. Larry Thompkins stated the downtown area is going to need all the parking it can get. He felt the addition of the parking spaces in connection with the addition of the metal structure is appropriate. He said he was inclined to deny the request Crittenden said he could not see making Cullers add parking when there is no parking there now. Becker said he was inclined to go along with the variance. If a need for parking arises in the future, there could be sufficient parking provided on site to meet the needs of the use He felt some protection should be made in case the use changes to something more intense. Cullers stated he would go along with that. Don Mills moved the variance be granted as requested.for as long as the Art Emporium is operated on this site. Dr. Crittenden seconded. The motion passed (4-1-1) with Mills, Crittenden, Becker and House casting the "Aye" votes, Thompkins casting the "Nay" vote, and Robertson abstaining. 63 • • • Board of Adjustment Meeting March 15, 1982 Page 4 Windell Cullers stated he sits on OTHER BUSINESS a Committee formed by the Planning Commission to investigate possible amendment to the ordinance to provide relief for persons who have lots that are nonconforming according to present standards, or homes constructed on lots with less than minimum setbacks from property lines, because they were constructed to standards prior to the 1970 ordinance. Cullers stated the ordinance should be before the Board of Adjustment within two months. Cullers said the ordinance is being studied so that use can be made of some of the smaller lots'in the downtown area, and so that houses that are nonconforming may be improved. Mills felt this type of amendment was in order. Some of the requirements people with this type of situation are asked to meet are impossible. She stated she would not be opposed to a zero lot line in the downtown area. Cullers said in addition, a total look at the Zoning Ordinance is in the process. There has been $10,000.00 allocated inthis year's budget and a like amount will probably be provided next year for an updating of the ordinance. He said the Board of Adjustment should make notes on anything they feel needs to be studied and get it to the Planning Commission. There being no further business, the meeting adjourned at 5:07 P.M. 6it