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HomeMy WebLinkAbout1982-04-19 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Board of Adjustment was held Monday, April 19, 1982, at 3:45 P.M., in the Board of Director's Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Chester House, Don Mills, Dennis Becker, Bob Waldren. MEMBERS ABSENT: OTHERS PRESENT: Larry Thompkins, Butch Robertson, Dr. David Crittenden. Mr. $ Mrs. Tommy Glenn. Upon a motion by Don Mills and a second by Bob Waldren, the minutes of the April 5, 1982 meeting of the Board of Adjustment were approved as mailed (4-0). MINUTES The next item of business APPEAL NO. 82-8 was the Public Hearing on the Appeal TOMMY GLENN No. 82-8, Tommy J. Glenn, 1733 1733 CROSSOVER ROAD Crossover Road, application to vary literal requirements of minimum lot width. Mr. $ Mrs. Tommy Glenn were present to represent. The Chairman opened the public hearing and asked for comments in favor of the request. Tommy Glenn addressed the Board and stated he owns a duplex on Crossover Road and a single family structure. He stated he would like this o variance in order to construct a 20 ft. addition to the single family structure. o He has 1-1/2 to 2 acres, but due to the placement of the structures on the lot, they do not meet the frontage requirements. He pointed out that the structures CAare existing. He stated originally, there was only one single family idhome on the lot. The property was purchased and the conditional use obtained for the duplex by that former ownerzwho remodeled.an existing storage structure into a guest house. He stated he wishes to make the addition to the single family structure so that his son may live there and manage the duplex. Don Mills asked if the single family structure has plumbing and a bathroom. CI Mr. Glenn replied it does. (52Y House asked if the duplex was placed further to the North to allow for 0, the 16 ft. if a variance would be necessary. Bobbie Jones stated no, 70 ft. of lot frontage is needed for the single family structure and 80 ft. of frontage is needed for a duplex. Mills asked if the single family structure has been rented in the past. Glenn replied it has. He stated the addition will be constructed in such a way that it will not be any closer to the duplex than the existing structure. Don Mills asked if there was a problem in the setback between the duplex and the single family structure. Bobbie Jones said no. Mills asked if it would be possible for Mr. Glenn's son to live in the duplex. Mr. Glenn stated it is rented to others. Bob Waldren asked what sits on the property to the South of this property. Mr. Glenn replied a. 7th Day Adventist Church. North of the property is zoned C-1, and West of the property there is a trailer court and open field owned by Zed Johnson. �) Board of Adjustment Meeting April 19, 1982 • Page 2 • The Chairman asked for comments in opposition to the request. Cynthia Stewart reported she had received a comment by phone from Mr. John Merholtz, 1450 Crossover Road. He was against the variance because he felt it was circumventing the zoning ordinance. He did not think the lot's density should be added to any further. Bobbie Jones reported that the property used to be larger than it is now. She stated the former owner had sold off some of the property on the North side, it was rezoned to C-1. He:also changed the single family home to a duplex after seeking conditional use approval to do so, and subsequently remodeled an existing storage structure into the single family unit. Don Mills asked if a conditional use for a duplex reverts back to single family with a change in ownership. Bobbie Jones replied no; it goes with the land unless it is stipulated otherwise when the conditional use is granted. The Chairman closed the public hearing and asked for a determination from the Board. House asked if the lot could be made conforming if the line between the structures was jogged. Bobbie Jones said not really; there is supposed to be 70 ft. of frontage for the single family structure at the setback line. The duplex requires 80 ft. of frontage at the setback line. House asked if the structure could be connected in some way to make it conforming. Bobbie Jones stated that with three units on one lot, a rezoning would havetobe granted in order to make that situation conforming. Bob Waldren stated he could not see where granting the variance would hurt anything. There is ample property on the site to support both structures. The nonconformity arises from a technicality. Whether or not the variance is granted, there will be the same amount of people living on the property. Becker stated this is a patch of R-1 between C-1 and a church. He felt a little flexibility was in order since the uses were already there. The uses sit back from the street quite a ways. He said he could not see any problem. Waldren said there are some very expensive houses out in this area and he could understand Mr. Merholtz's concern. Waldren moved the variance be granted. Dennis Becker seconded. The motion passed unanimously (4-0). Cynthia Stewart reported she had received a phone call from Dr. Crittenden prior to the meeting stating he would not attend. He said he owns property adjacent to this property and that rather than have an abstention go with a motion one way or another, he would not attend. Bobbie Jones invited the Board members to OTHER BUSINESS a meeting to be held at 5:00 P.M., April 20, 1982 in the conference Room at 1st Place The meeting will consist of members of the Planning Commission who will discuss possible amendment of the General Plan, the Board's comments will be appreciated. There being no further business, the meeting adjourned at 4:30 P.M.