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HomeMy WebLinkAbout1982-04-05 MinutesO a v CSeigcen U A meeting of in the Director's MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: MINUTES OF A BOARD OF ADJUSTMENT MEETING the Board of Adjustment was held Monday, April 5, 1982, Room, City Administration Building, Fayetteville, Arkansas. Chairman Chester House, Larry Thompkins, Don Mills, Dennis Becker, Butch Robertson, (Dr. David Crittenden and Robert Waldren arrived late). None. Don Johnston, Mr. $ Mrs. Carlos Ervin, Mrs. Clifford Councille, Stewart, David Geneson, Freeman Treat, Mr, and Mrs. Bob Bobbie Jones, Cynthia Wood and others. Upon a motion by Don Mills MINUTES and a second by Larry Thompkins, the minutes of the March 15, 1982 meeting of the Board of Adjustment were approved as mailed. (5-0). Upon a request by the Petitioner, the Board of Adjustment considered Appeal 82-5 last. • The next item on the Agenda was the Public Hearing on Appeal No. 81-6, Don Johnston, 1220 North Garland Avenue, application to vary parking requirements. Don Johnston was present to represent. The Chairman opened the public hearing and asked for comments in favor of the request. Don Johnston addressed the Board. He asked the Board to refer to his letter included in the Agenda material. He felt the letter pretty well covered his request and stated he was available to answer any questions. Bobbie Jones stated there is a difference of opinion as to whether the number of parking spaces required is accurate or not. Mr. Johnston feels he has seven more parking spaces than the Planning Office does. Mr. Johnston stated that the request results from the installation of a Donut Shop in the shopping center. He said the use has been carried on for about a year, that he has been informed by the Planning Office that additional parking spaces are required. Crittenden arrived at 3:50 P.M. a Cynthia Stewart reported that Phil Colwell had called the Planning Office C� inquiring about the variance request. Upon his hearing that the Shopping Center does not have enough parking to meet requirements, Colwell said he has a pharmacy in the Shopping Center and he feels the parking is quite adequate. QHe did not have any objection to the variance. Johnston stated his spaces are larger than required, he said he could probably comply with requirements by restriping. eg Larry Thompkins asked if there was actually enough square footage in the parking area to comply. After some discussion and ciphering, it was agreed • U that if the spaces were restriped and compact spaces were taken advantage of, the requirement could be satisfied. APPEAL NO. 82-6 DON JOHNSTON 1220 NORTH GARLAND AVE. O• 65 Board of Adjustment Meeting April 5, 1982 • Page 2 Bobbie Jones stated the Agenda says 218 parking spaces are required, actually, only 209 spaces are required. Mr. Johnston presently has 188 parking spaces on site, however, he feels there are seven more than that. His spaces are 10 ft. x 20 ft., and the present requirement is 9 ft. x 19 ft. He is also allowed to install 20% of the parking spaces in a compact size which is 7-1/2 ft. x 15 ft. Mills asked what time the Donut Shop closes, Johnston stated most of the business is over early in the morning before 10:00 A.M., the shop is closed by noon. Bob Waldren arrived at 3:58 P.M. The Chairman asked for comments in favor of and in opposition to the request from members of the audience. There was no response. The Chairman closed the public hearing on Appeal No. 82-6. The next item of business APPEAL NO. 82-7 was the Public Hearing on Appeal No. CARLOS TREAT 82-7, Carlos Treat, 666 Cliffside 666 CLIFFSIDE DRIVE Drive, application to vary setbacks. Mr. and Mrs. Treat were present to represent. The Chairman opened the public hearing. Mr. Treat addressed the Board and stated the letter enclosed in the Agenda pretty well explains the variances requested. He showed the Board the points at which the proposed structure will encroach into the setbacks and the easements. He said the plans for the house were drawn up by a firm in Rogers and the Architect had indicated to them that he was familiar with the zoning requirements of Fayetteville, apparently he was not aware that setbacks and easements cannot have any part of the structure overhanging them. The Treat's did not discover that the proposed house did not comply until they applied for a building permit. As a result, they are requesting the variances as set out in the letter. Treat outlined the variances requested. Bob Waldren asked if the Treats had approached the utility companies about permission to overhang the easements. Treat stated he had and that he had obtained their permission. Laurie Ervin, an adjoining property owner, addressed the Board. She stated she lives in the house behind the proposed house and wondered why the setback goes from 20 ft. to 8 ft. in the rear. Larry Thompkins stated this had been interpreted by the City Attorney in 1976 that there can by only one rear yard, that being the lot line furthest from the street on lots where there are more than four lot lines. Treat stated his lot line is 10-12 ft. from the curb of the cul-de-sac. Also, the utilities are not located where they appear on the drawing, they are closer to the cul. Larry Thompkins asked about the apparent right-of-way to the East of the Treats lot. Bobbie Jones explained that lots 17 and 18 to the Northeast of the Treat's lot are tandem lots. There is a 25 ft. access easement to each lot side by side, in case those lots are developed. This is not a public dedication, it will be private access to those lots. House asked if the private drive would be used for access to the Treat's lot. Mrs. Treat stated that is correct. Bobbie Jones said the Treats would have to have permission from the owners of Lots 17 and 18. Mr. Treat said there is already an easement filed and an agreement that the Treat's will 66 J • • • Board of Adjustment Meeting April 5, 1982 Page 3 contribute to the paving of the private access drive. The Chairman asked for comments in favor of or against the petition. Ms. Clifford Councille, an adjoining property owner, stated it appears that the Treat's proposed turn -around is flush with her property line. Bobbie Jones stated that after the drive enters the lot, it can be placed up to 5 ft. from the property line. Mr. Bob Ervin asked if the requested change in the easements would change their location. Bobbie Jones said it will not. Don Mills asked if the Treat's could get the architect to redraw the plans. Mrs. Treat stated that other than costing a lot of money, if the house is repositioned, it would affect the Southern exposure they are aiming to take advantage of. She said they felt it would be worth their while to seek the variances before resorting to having the plans redrawn. There being no further comments, the Chairman closed the public hearing. on Appeal No. 82-7. The Board considered Item 2 APPEAL NO. 82-5 on the Agenda, the Public Hearing DAVID GENESON on Appeal No. 82-5, 252 THOMPSON AVENUE David Geneson, 252 Thompson. Avenue, Appeal for ruling on interpretation of Planning Administrator. The Chairman opened the public hearing. Geneson addressed the Board. He stated he wishes to be allowed to use his structure on a temporary basis. He said it is not just a bathroom, that it has esthetic and artistic considerations. He works out of town and uses this structure when he is in town a couple of times a month. He stated he is in a financial bind and that he cannot afford to rent an apartment to be used only a couple of times a month. Geneson said he knew there were reasons not to have his structure there, but in essence,.it is not a nuisance to the neighborhood, he showed the Board a petition signed by his neighbors stating they have no objection to the structure. He said the structure takes up 1/3 of 1% of his lot area Geneson said he has done a lot to upgrade the surrounding grounds He did not feel his structure violated the open space requirements. The trailer by itself is licensed and legal. He said he is asking, in view of its insignificance, that the structure be allowed to remain. He did not feel his structure is harming anyone. Bob Waldren asked how the bathroom is plumbed. Geneson said he uses an outside outlet to drain his bathtub and that he places his port -a -potty waste in tree wells in his yard. Don Mills asked how long temporary is. Geneson said he was not sure, but that he is leaving for California soon. Larry Thompkins asked how long the structure had been there. Geneson stated about two years. There was some discussion about how the structure was discovered. Freeman Wood, City Building Inspector stated he had investigated the structure after receiving a complaint. Geneson said he was sure that Hank Mahler had issued the complaint. 67 • • • • Board of Adjustment April 5, 1982 Page 4 . Chester House stated he had observed the structure one evening while driving near the site,because of the lighting. Dr. Crittenden asked how many people rent the main house Geneson stated there are three rental units in the house; he drives a truck and felt he would be better off utilizing the house as rental units and staying in the trailer when he's in town. Bobbie Jones stated her interpretation is that a travel trailer for recreational and travel purposes is allowed in residential zones. However, by adding the addition to the trailer, it became a residential use which alters it into something other than a travel trailer and she did not feel that was within the requirements of the code. Geneson said that if the addition was taken off the trailer, he could continue to use the travel trailer as he is now, as long as he keeps it currently licensed. Bobbie Jones stated in addition to her comments on the use of the trailer, in any case, the addition does not meet the setbacks. Also, the code does not allow for more than one principle structure per lot without a variance. There are other zoning problems such as the square footage of the lot and frontage to consider. Dr. Crittenden stated the Board of Adjustment does not have the power to grant a time limit on the use, the issue is whether or not to uphold the Planning Administrator's interpretation that this is no longer a travel trailer for recreational or travel purposes. Larry Thompkins briefly outlined the duties and powers of the Board of Adjustment.to Mr. Geneson. Mr. Geneson said the structure does not interfere with any of the neighbor's light and air. He said it certainly is not dangerous. Also, it is almost completely screened from view. Becker stated he read Mr. Geneson's comments in the agenda. He said in his opinion, Mr. Geneson is asking for a special privildge. Larry Thompkins asked if Mr. Geneson could prove any hardship. Mr. Geneson said no. The Chairman asked for further comments from the audience either in favor of or against the request. Freeman Wood addressed the Board and stated he was neither for or against the request. The structure was constructed without a building, plumbing or electrical permit. Wood cited several requirementsthat would have to be met in order for the structure to meet building code requirements. The Chairman closed the public hearing on Appeal 82-5. The Chairman opened the Appeal up to comments from the Board. Larry Thompkins stated as long as the square support the required number of parking spaces, he to the variance. Don Mills said since the Donut Shop opens ea not have any problem with the variance. APPEAL NO. 82-6 footage was available to did not have any objection rly and closes early, she did e Lt Go a 0 • • c3 L3 Board of Adjustment April 5, 1982 Page 5 Dennis Becker stated that in shopping center situations where mass parking is required based on square footage, it seems that there is always an excess. As many times as he has been to Oak Plaza, he has yet to see the parking lot completely full. The same is true of the new Walmart on Highway 71 North, he wished there was a way to require less asphalt and more greenery. Crittenden stated that when the parking for the American Air Filter plant was considered, the Board of Adjustment granted a variance based on the fact that all the employees were not there at the same time, they were there in shifts. He said this is similar in that the Donut Shop is not open all day. Becker stated he had no problem with the request and moved that the variance be granted as requested. Bob Waldren seconded. ' Crittenden said he would like the discrepancy in the number of actual parking spaces on site resolved by the Planning Office. The motion to grant the variance passed (6-0-1) with Chester House abstaining. House stated he did not like the portion of the letter that dealt with the School Bus Stop on the site. He felt it was meant to intimidate the Board. The Chairman opened Appeal APPEAL NO. 82-7 No. 82-7 to comments from the Board. Don Mills stated she was concerned about how often this type of thing occurs, where an architect does not bother to consult the Planning Office and the persons who have hired him end up behind the 8 ball She felt an architect of all people should check and get it right. She was sympathetic with the Treat's predicament, however, she felt this should go back to the drawing board. Becker felt this was a large house on a difficult site, in terms of configuration. He said he is one of those architects that does not like setbacks for overhangs. Since the utility companies have signed off on the easements, he did not have any objections to the requests. He felt Ms. Mills' comments were well taken, but he felt due to the difficult configuration of the lot, there was a hardship. Thompkins stated concern over the 4 ft. garage encroachment. He said he concUrrs with Ms. Mills in that the architect should have checked the setbacks. He said it is a difficult site, but it's not that difficult. He felt a design modification could be made. House stated this is the first variance in this area that has been requested to his knowledge.'. Crittenden asked how many points of the structure required variances. Bobbie Jones stated 5. Don Mills moved to deny the request. Larry Thompkins seconded. The motion failed to pass (2-4-1) with Mills and Thompkins voting "Aye", Robertson, Crittenden, Waldren and Becker voting "Nay" and House abstaining. Dennis Becker moved the appeal be granted as requested. Butch Robertson seconded. The motion passed (4-2-1) with Robertson, Crittenden, Waldren and Becker voting "Aye", Mills and Thompkins voting "Nay", and House abstaining, his abstention going with the motion. Board of Adjustment April 5, 1982 Page 6 The Chairman opened the Appeal APPEAL NO. 82-5 No. 82-5 to the Board for comments. Dr. Crittenden stated he has sympathy with the petitioner's political philosophy, however, it boils down to whether or not to uphold Bobbie Jones' interpretation. He stated he did not think there was any doubt as to what the building is. Waldren stated that if he had his way he would grant a temporary variance, but that is not the issue, it is the support of the Planning Administrator's interpretation. Dennis Becker stated that in his heart he felt he must support the Planning Administrator's interpretation. Becker moved the Planning Administrator's interpretation be upheld. Bob Waldren seconded. The motion passed (6-0-1) with House abstaining. There followed some discussion about Mr. Geneson's next course of action. Upon a motion by Crittenden and a second by Waldren, the meeting adjourned at 5:21 P.M. 70 A