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HomeMy WebLinkAbout1983-04-04 Minutes• • MINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Board of Adjustment was held at 3:45 P.M. in Room 209 of the Continuing Education Center, Center Street and East Avenue, Fayetteville, Arkansas, Monday, April 4, 1983. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Chester House, Larry Tompkins, Dennis Becker, Don Mills, David Crittenden, Butch Robertson Robert Waldren James D. Wilson, Lillie Mae Hammers, Bobbie Jones, Suzanne Kennedy Larry Tompkins moved to approve the Minutes MINUTES of the meeting of March 21, 1983, as distributed. The motion was seconded by Don Mills and passed, 5-0, with Crittenden not present at this point in the meeting and with Waldren absent. The only other item to be considered was public hearing on Appeal No. 83-8, James D. Wilson, 906 W. Douglas Street, to vary lot APPEAL NO. 83-,i 906 WEST DOUGLAS STREET JAMES D. WILSON width of 90 feet(required for 3 or more units in a High Density Residential District) to 75 feet. Mr. Wilson was present. The Chairman opened the public hearing. Mr. Wilson explained he wishes to add two units behind the existing structure on his 75 foot wide lot. He said he feels parking will be adequate and will not encroach on anyone else's rights. He also stated he had not sold off any part of his lot since he has owned it. Board member David Crittenden arrived at this point in the meeting. The Chairman asked for questions. Mr. Wilson answered Larry Tompkins that his west property line abuts the University of Arkansas parking lot, that the new units would face in that direction, and he would need a connecting roof between the existing and proposed structures. Larry Tompkins asked Wilson if he thought the 13 -foot driveway was adequate for parking at a 45 degree angle shown. Wilson said he intended for the last parking space on the north to be a space to pull fully into and that anyone needing to turn around behind it (the northwest corner) would pull out forward. He said the seven spaces are adequate for the addition of the two units. He also said he intended to remove the porch. Dennis Becker asked for the distance from the most protruding part of the existing structure to the property line on the east. Wilson was not sure and Bobbie Jones confirmed that the requirement in the R-3 District is for eight feet from the overhang to the side property line, if it is no more than twenty feet high. Becker said he thought, taking into consideration the assumed setback of 8 feet, the dimensions of the house, the steps and the parking area, 15 Board of Adjustment Minutes April 4, 1983 Page Two he thinks there is a discrepancy between the total measurements and the 75 foot width shown for the lot. Wilson pointed out the parking as shown on the drawing is presently being used and that people are able to drive behind the parking area. Becker asked if the requirement that driveways be 122 feet from the property line is only for new construction. Jones said Wilson would not have to comply unless he changes the size or location of his present driveway. Tompkins asked if the total square footage of the lot was in compliance and Jones stated the requirement for four units is a minimum of 8,000 square feet. Wilson said he had 9,650 square feet. Lillie Mae Hammers, property owner to the east, stated she has no objection to the construction. The Chairman closed the public hearing. David Crittenden said he recalled hearing a petition on this same property about two years ago. Wilson explained at that time he had considered building two- bedroom units and would have been required to have one more parking space. He said the drawing for the addition has been realigned slightly because there had been an 18 -foot intrusion into the rear setback on the earlier appeal and he has moved in three or four feet east because the parking spaces were too close to the front door. He also said on the west side there is about a three-foot offset not in alignment with the existing structure Don Mills said the idea of backing out of the parking space onto Douglas bothers her, as there is a lot of traffic. She said this would congest an already congested area. Dennis Becker said there is some question about being in compliance with the side setback requirement for the R-3 zoning district. Crittenden agreed with Mills that the area is already congested and doesn't see any overriding reason to allow it except for the economics of having two or more rental units. He said the area into the parking is already narrow and the only way out is to back out. He said he doesn't always believe a terrific hardship needs to be shown but thinks this addition will make the neighborhood worse. Becker said, with the roof attachment to the existing house, the proposed addition would make the front structure illegal on setbacks and he thinks the key problem is having to back out of parking spaces. Tompkins said he thought the proposal was fine in terms of the applicant's provision for off-street parking. He said this is still a non -conforming lot of record, the applicant is doing nothing to come into conformity with lot size and he thinks the applicant could use the property under the present zoning, so he is inclined to turn the appeal down. Don Mills moved to deny the application. The motion was seconded by Dennis Becker and passed, 6-0, with Robert Waldren absent. '4 • • • Board of Adjustment Minutes April 4, 1983 Page Three David Crittenden stated he had OTHER BUSINESS not yet prepared the proposed amendment to the Rules of Procedure as discussed at the last meeting and it was decided to place this issue on the agenda for the next meeting. Crittenden also asked for information on when terms were up for members of the Board of Adjustment. With no further business, the meeting adjourned at 4:10 P.M. 17