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HomeMy WebLinkAbout1982-06-07 Minutes• • MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Board of Adjustment was held June 7, in the City Manager's Office, City Administration Building, 1982 at 3:45 P.M., Fayetteville, Arkansas MEMBERS PRESENT: Chairman Chester House, Dr, David Crittenden, Dennis Becker, Butch Robertson, Larry Tompkins. MEMBERS ABSENT: Don Mills, Bob Waldren. OTHERS PRESENT: Millie P, Carlos Gracian, Larry Perkins, Bobbie Jones, Cynthia Stewart. Upon a motion by Dr. Crittenden and a second by Larry Tompkins, the minutes of the May 17, 1982 Board of Adjustment Meeting were approved as mailed. The next item of business was the Public Hearing on the Appeal No. 82-12, Millie F, Carlos Gracian, 221 East Lafayette Street, application to vary setbacks. Millie F, Carlos Gracian were present to represent. The Chairman opened the Public Hearing and asked the Gracian's to explain their request. Mrs. Gracian stated they bought the house about 8 months ago. She said they wish to place a lattice fence with a roof around an existing patio, basically for privacy. The door opening out onto the patio is close t� the neighbor's kitchen door. Also, she said they would like to repair the garage and replace it in its existing location. Chester House stated he thought some construction activity was already taking place in relation to the garage. Mr. Gracian replied they had put some boards up on the roof because it was caving in on their car. The garage is only about a foot off the property line. Mr. Gracian said they would like to put it in the same place. Bobbie Jones stated the garage sits 2 ft. from the West property line and 2' 6" from the South property line. Mrs. Gracian said there is a letter from Mr. Mullins, who owns the property to the East, in opposition to their request. She addressed a few. of Mr. Mullin's problems as laid out in the letter. Mrs. Gracian did not feel the lattice would obstruct vision. She showed the Board members pictures taken from Mr. Mullin's driveway. Also, Mr. Mullins felt the addition would devalue his property; she showed the Board members a picture of Mr. Mullin's house Mrs. Gracian stated Mr. Mullins does not live in this house, it is presently rented. House said the garage -does need to be redone. Dr. Crittenden asked if the patio had been extended. Mrs. Gracian said it has that some of the brick had to be replaced and that it was extended at that time to the East The bricks date back to 1929. MINUTES APPEAL NO. 82-12 MILLIE $ CARLOS GRACIAN 221 EAST LAFAYETTE STREET IS' • Board of Adjustment Meeting June 7, 1982 Page 2 Larry Tompkins said he was interested in the historical integrity of the house He asked if the house was not located in the Washington Willow Historical District. Mrs. Gracian said she did not think so. House asked if there was anyone present in the audience in opposition to the request and there was no response. The Chairman closed the Public Hearing on Appeal No. 82-12. The next item of business was APPEAL NO. 82-13 Appeal No. 82-13, R f, P Electroplating, R $ P ELECTROPLATING 2000 Pump Station Road, application to 2000 PUMP STATION ROAD vary setbacks. Larry Perkins was present to represent. The Chairman asked Mr. Perkins to explain his request. Perkins stated that in conjunction with an Environmental Protection Agency project R $ P is involved in, they must install monitoring equipment for fluid leaving the plant. At the Southeast corner of the property there is a man hole where sampling of fluids is presently being carried out. The equipment consists of a unit that extracts the fluid from the sewer and puts a sample in a bottle hourly. This equipment needs to be placed in an insulated building so that the fluids do not freeze in the winter. The equipment itself is not that large, however, the building'it sits in will have to be placed on a slab and there will have to be room for manuevering around the equipment. In order for R F, P to construct this structure in conformance with the building setback requirements, they would have to run plumbing back another 28 ft. At the proposed location, the equipment will sit at the man hole. Perkins said R & P will monitor the waste to make sure their equipment is operating efficiently and the City will monitor the waste for.compliance..A. Larry Tompkins asked if R $ P is getting federal assistance for this project. Perkins said no. Bobbie Jones said R $ P is requesting some Act 9 bonds for some of this expenditure... The Chairman asked if there was anyone present in opposition to the request. There was no response. Thompkins asked if the engineer that drew up the plans was aware of the 50 ft. setback. Perkins said apparently not. The man hole has been in place for 2 years. Perkins said as far as esthetically violating the area, it will sit on a road that dead ends in the river. The Chairman asked the Board's APPEAL -NO. 82-12 feeling on this request. Crittenden said he had looked at this site closely, and the lattice work will interfere with the view out the driveway. Crittenden said he knows the tennants in this house, and since they rent, it doesn't make any difference to them if the Gracian's fence in the patio. They said they would probably object if they owned the property. Crittenden asked if a fence could be constructed there without the variance. Bobbie Jones said it could. • • Board of Adjustment Meeting June 7, 1982 Page 3 Crittenden the objection by in favor of the r Crittenden said they can construct a fence without a roof, and considering the property owner to the East, he did not believe he would be equest. said as long as the garage is constructed in the same dimensions, he would have no objection to the requests concerning the garage. Tompkins asked Bobbie Jones if the repair costs would exceed 50 % of the replacement costs. Bobbie Jones said she did not know. Tompkins said if they do, the structure is to be constructed to current regulations. Tompkins said he is concerned about access to the rear of the property. If the request is granted, access to the rear of the property will be blocked on the East side. Tompkins said he was having a hard time finding any hardship involved with this request. He felt they could use the patio without the variance. Tompkins felt the Gracian's had improved the property, but he did not think the variance was appropriate. Dennis Becker said he agreed with what's been said. He said he drives by this house every day and that it seems very crowded with the addition of the patio lattice work. Butch Robertson said he agreed with what's been said, and made a. motion to approve the variances for:the garage. Dr. Crittenden seconded The motion passed (4-1) with Larry Tompkins casting the "Nay" vote. House said it was the consensus of the Board that the Gracian's can have a privacy fence around the patio as long as there is no roof on it. Larry Tompkins moved the variance be denied concerning the patio. Dennis Becker seconded. The motion to deny passed (5-0). The Chairman asked for the Board's APPEAL NO. 82-13 feeling on this request. Larry Tompkins said this situation results from R $ P trying to comply with Environmental Protection Agency requirements. He felt the engineer should have taken into account the setback requirements. The proposed structure will not be located in the right of way. Tompkins asked if the structure complies with the 25 ft. side -yard requirements. Bobbie Jones said she did not know, the plot plan does not indicate a dimensioned side yard. Tompkins felt there were unique circumstances involved. Tompkins said he really did not have any problem with the request. Becker felt that 6'.' pvc could be run and the structure placed in compliance with the setback requirements with very little capital outlay. He did not feel it would be that difficult to comply. Perkins said that he had had an indication that it would be quite expensive to comply. Perkins said the money spent in compliance was already exorbitant. Robertson said he really did not feel that compliance would be that expensive either. He did not feel the expense would justify a variance. Robertson moved this variance request be tabled until the next meeting, to give the petitioner time to submit a revised plot plan showing the side yard dimensions of the proposed structure and to give him a chance to submit cost figures in setting the structure in compliance with the zoning requirements. Dennis Becker seconded. The motion was unanimous (5-0). go Board of Adjustment • June 7, 1982 Page 4 • • Bobbie Jones stated the first scheduled OTHER BUSINESS meeting in July falls on a City Holiday and that City Offices will be closed. She asked if the Board wished to reschedule it or if they wish to hold only one meeting in July. The Board agreed that unless something pressing occurs, they would not meet again until July 19, 1982. The meeting adjourned at 4:55 P.M. el