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HomeMy WebLinkAbout1982-08-16 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Board of Adjustment was held at 3:55 P.M., Monday, August 16, 1982 in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Chester House, Larry Tompkins, Don Mills, Dennis Becker David Crittenden, Robert Waldren, Butch Robertson Phillip Colwell, Bobbie Jones, Suzanne Kennedy MEMBERS ABSENT: OTHERS PRESENT: The first item of business to be APPEAL NO. 82-14 considered was Appeal No. 82-14, EXIE HARDY Exie Hardy, 573 N. Walnut Avenue, 573 N. WALNUT AVENUE application to vary setbacks. Exie Hardy was not present. Bobbie Jones stated Ms. Hardy had called the Planning Office sometime around noon to say she was unable to attend because of illness. Adjoining property owner, Phillip Colwell, was present and asked to speak. Mr. Colwell said he was the property owner to the north of Exie Hardy's property and stated he had resided on his property for 21 years and intends to continue residing there. He stated he did not object to the carport being constructed in the front of Exie Hardy's house and if she were to construct in the rear of her house it would increase traffic flow past his patio. He said that the last time Ms. Hardy came before the Board of Adjustment with this same request the neighbors who appeared and expressed their objections no longer own adjacent property. He said he thought the carport in the front of the house would be good for Ms. Hardy who is crippled and elderly and would not have an adverse affect on the neighborhood. Bobbie Jones stated she had confirmed the fact that the property to the south is now owned by someone other than those persons who objected to Ms. Hardy's former request. She stated one other neighbor had also come to the Planning Office last week to inquire about this appeal. He stated his concern was whether Ms. Hardy was trying to have her property line moved, as she had tried to purchase part of his property in the past. He expressed no objections to her application to vary the setback. She said that the distance from Ms. Hardy's proposed car- port to her south property line should show 7 feet on the map rather than 5 feet, according to Ms. Hardy. Mr. Colwell stated he realized Ms. Hardy's back yard could be used for the carport, but that she would have to remove some very large trees. He said the concrete block double garage shown on the map is in the center of an old property line, and that Ms. Hardy owns the rear 50' of his lot. He said that her lot is L-shaped. Bobbie Jones said Ms. Hardy's lot as to its width is non -conforming in that zone. She said there is a section of the Zoning Ordinance which makes an exception for non -conforming lots that have structures on them. Bobbie Jones pointed out that the next regularly scheduled meeting would fall on September 6th, a holiday, so that business could not be taken up again until September 20th, unless the Board of Adjustment wished to schedule a meeting before that time. It was agreed by all members present that they did not wish to meet again until September 20. Board of Adjustment Meeting August 16, 1982 Page Two Bobbie Jones reminded the Board that they could not vote on Ms. Hardy's application unless she were present or unless she decided to appoint a legal representative, There was further discussion regarding the fact that Ms. Hardy could cut her fence or build in the rear of the lot, and the fact that a carport would not keep out snow and ice. Bobbie Jones confirmed the fact that it was a non -conforming fence since it is view -obscuring with driveways present. Don Mills moved to table the appeal until the next regularly scheduled meeting of September 20, 1982. The motion was seconded by Larry Tompkins, and passed, 4-0. The next item on the PROPOSED CHANGES TO RULES OF PROCEDURE agenda was to consider REGARDING ABSTENTIONS proposed changes to Rules of Procedure for the Board of Adjustment regarding abstentions. The suggested wording had been discussed at the last meeting and copies sent to all members. Bobbie Jones pointed out that the Rules require five members be present to vote a change in the existing Rules of Procedure. There was some discussion regarding the proposed changes. Don Mills expressed the opinion that unless a member has a conflict of interest, they need:to:vote. Those present were generally in agreement with the proposed new wording to be incorporated into the Rules of Procedures. Since only four members were present, no vote was taken on this item. Larry Tompkins asked Bobbie Jones to pass a copy of the changed wording along to City Attorney, Jim McCord, so that he can make sure it is not contradictory to the Rules of Proceudre as they exist. Dennis Becker moved to approve the Minutes of the meeting of August 2, 1982. The motion was seconded by Don Mills and passed, 4-0. MINUTES There being no further business, it was moved by Larry Tompkins, seconded by Don Mills and passed, 4-0, to adjourn the meeting at 4:35 P.M. I00 _Al