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HomeMy WebLinkAbout1982-10-04 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Board of Adjustment was held at 3:45 P.M. on Monday, October 4, 1982 in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Chester House, Larry Tompkins, Dennis Becker, Mrs. Don Mills, and David Crittenden MEMBERS ABSENT: OTHERS PRESENT: Butch Robertson, Robert Waldren Mr. and Mrs. James L. Smith, Jr., Rene Diaz, Bobbie Jones and Suzanne Kennedy The first item on the agenda was consideration of the Minutes of the September 20 meeting. Larry Tompkins moved approval of the minutes as distributed. The motion was seconded by Don Mills and passed, 5-0. MINUTES The second item of business was public APPEAL NO. 82-15 hearing on Appeal No. 82-15, James L. Smith, Jr., 824 PARK AVENUE 824 Park Avenue, application to vary setbacks. JAMES L. SMITH, JR. The public hearing was opened by Chairman Chester House. Mr. Smith stated that, as shown on the drawing, they wish to add a master bedroom to the existing house on the northeast corner. He said the addition would not extend any closer to the property line than the existing house, which is already in violation of the current setback regulations. In answer to a question from Dr. Crittenden, Mr. Smith stated there would be no change made to the existing garage. Larry Tompkins asked if the addition could be designed to be in conformance with the side yard regulations. Mr. Smith stated any further extension to the south would block out the view from the kitchen window. He stated his lot was 80 feet wide. Dr. Crittenden noted the letter received from one of the adjacent neighbors stating no objection. He asked about the feelings of the neighbor to the north. Mr. Smith stated Mrs. Stevenson has expressed no opposition and that was also the case with the neighbor to the south. Mr. Smith stated he has lived in his house since 1955. He said the real reason he and his wife wish to build on to the house is that they are approaching old age and would like to live the rest of their lives more comfortably and that it would also add to the value of the house. Rene Diaz, the designer of the proposed addition, stated from the designer's point of view, it is difficult to add on without messing up the integrity of the rest of the house and the living room and kitchen views into the yard. He could not find a way to add on to the bedroom on the opposite side. To add on the existing bedroom would go into the old setbacks. He stated he chose the most logical place to add on to the structure in an old city lot which doesn't conform. Bobbie Jones stated the request shows the property line to be five feet to the wall of the house She stated there is a 26" overhang which means the set- back is actually 2' 10" rather than five feet. log • • • Board of Adjustment October 4, 1982 Page Two Mr. Diaz stated that the overhang is 20" from the wall plus 5" for the gutter attached to the overhang, making a total of 25 3/4" which cuts into the 5' space, but it would still line up with the existing house overhang which already protrudes into the same space. Larry Tompkins estimated the house to the north to be five feet from the property line, so there would be less than a ten foot space between the two structures. He stated the house to the north was too difficult to estimate. Mr. Diaz stated he estimates the house to the north is at least 10-15' away. The public hearing was closed. Chairman House asked for discussion APPEAL NO. 82-15 by the Board of Adjustment on Appeal No. 82-15. Dennis Becker stated he was impressed with the existing house which has an appealing character and finds it in keeping to recognize that character and agrees with the designer that the integrity of the house should be considered and that the Board had done so in the past. He stated he would be in favor of granting the variance. David Crittenden expressed no comments. Don Mills stated she agreed with Mr. Becker and thinks it would be difficult to build back toward the living area. Larry Tompkins stated he was in agreement with the others, but was concerned that, even though it is a highly developed area, he is hard put to find a hardship. He thinks there is appropriate space to conform with the side yard regulations and an adjustment of about three feet could be made. He was concerned about the house owner to the north perhaps deciding to add on at some time in the future. Mr. Smith stated it would be impossible for the owner to the north to build on because of the terrain. Mr. Tompkins stated he thought, in these times, building can be done on just about any kind of terrain, and he was inclined to disapprove the request. . David Crittenden moved to grant the variance as requested. The motion was seconded by Dennis Becker and passed, 4-1, with Larry Tompkins voting "nay". Chester House stated he had noted that there OTHER BUSINESS have been two or three cases in the past where the Board of Adjustment has approved a variance and then, subsequently, construction has never taken place. He asked Bobbie Jones if the office has any way of keeping records of this. Bobbie stated that there is nothing written in the Code to regulate this, but that at one time in the past there was something in the Code which was eliminated later. Chester House stated he thinks, when we grant a variance, some action should be taken by the property owner within ninety days. Bobbie Jones said she thought something like six months sounded reasonable. She stated she had checked with City Attorney McCord on this topic in the past and he stated the time limit should be for a reasonable period of time. It was clarified that any variance goes with the land, not with the owner who requested the variance. Don Mills stated she agreed that there should be a time limit set. Bobbie Jones suggested that this change could be incorporated when the update of the City's regulations is undertaken. She also pointed out that when a building permit is issued, the applicant is given six months to start construction and two years to finish. 105 Board of Adjustment October 4, 1982 Page Three There was some discussion regarding an example of a variance which had been granted and then no action taken. There was also discussion on the (L possibility of adopting some ruling and making it retroactive to some past cases. dO David Crittenden suggested placing a time limit for starting and finishing o just as in the building permits. Dennis Becker suggested the time allocation ought to be the same as that for building permits. e0 Chester House suggested giving thirty days in which to apply for a building gg permit. ort Larry Tompkins stated that, since the variance goes with the land, he sees cj no reason to be involved in the scheduling of any work to be done. There was further discussion on this, including the point that, since the variance goes with land, often it might be appropriate for the owner making the request, but if a new owner were to make a request, it might be looked upon UCo� differently. •g: • Bobbie Jones promised to check with Jim McCord on this subject. It was moved by David Crittenden, seconded by Larry Tompkins, and pased, 5-0, to adjourn the meeting at 4:20 P.M. )06