HomeMy WebLinkAbout1983-06-06 Minutes•
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MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT
A meeting of the Board of Adjustment was held on Monday, June 6, 1983 at 3:45 P.M.
in Room 110 of the Continuing Education Center, Center Street and East Avenue,
Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Chairman Chester House, Robert Waldren, Larry Tompkins,
Dennis Becker, Don Mills, Butch Robertson
David Crittenden
Helen and M. William Fields, Jerry L. Wilson, Leanne Wilson,
Suzanne Kennedy and Sondra Wright
With no additions or corrections, the
Minutes of the May 16, 1983 meeting were
approved unanimously (6-0), with David Crittenden absent.
MINUTES
The next item of business was public APPEAL NO. 83-13
hearing on Appeal No. 83-13, submitted 2033 CLEVELAND AVENUE
by Helen M. Fields, 2033 Cleveland HELEN M. FIELDS
Avenue, application to vary setbacks of
25 feet from front property line to 15 feet. Helen Fields and M. William Fields
were present. Mr. Fields said their request is for a ten foot variance from the
required setback.
Larry Tompkins asked how far the house is from the existing right-of-way of
Cleveland Street. Mr. Fields explained that when they bought the property
there was 52 feet from the right of way to the front of the house. He said the
City took an additional twenty feet for the street, reducing the setback to 32
feet. He said there is a small porch and a two foot overhang on the house,
reducing the setback down to 24 feet. Tompkins asked if these measurements were
to the curb or the right-of-way. Mr. Fields said his sketch shows their house to
be 38 feet 4 inches from the curb. Suzanne Kennedy said Bobbie Jones had made
some calculations which had not been sent out with the agenda, and which she
distributed to those present. She said that, according to these calculations
which were made from the McGoodwin Survey, there should be 21 feet from the
existing wall of the house to the right-of-way of Cleveland Street, that the
21 foot calculation does not appear to include the overhang.
Robert Waldren asked Mr. Fields if the paving of Cleveland Street enhanced his
property. Waldren said the paving gave Mr. Fields access to his property other
than the dirt road Mr. Fields said the dirt road hadn't been a problem, that
there was not enough traffic on it to amount to anything. Mr. Fields said the main
reason for paving the street had been to relieve the pressure on Highway 16 and to
keep from having the expense of adding more fill. Fields told Waldren that they
have an entrance to their property off both Sang Avenue and Cleveland Street.
Fields said the City Street Department had recently curbed and guttered the east
side of Sang Avenue which cured a bad water problem.
Board of Adjustment
June 6, 1983
Page Two
Dennis Becker and Butch Robertson stated they had no questions.
Don Mills asked if the Fields had worked out any other plan to construct the
bedroom without asking for a variance. Mr. Fields said they could build the
bedroom and bath without a variance, but to restore the porch to its original
location, a variance is needed. Mrs. Fields said they need an additional two
feet for the porch to be in its original location. Mr; Fields said, since the
plan was submitted, they have worked out an alternate design to add the bedroom
to be in line with the existing wall of the house, which he said meets setback
requirements. Tompkins pointed out that 25 feet is the setback requirement from
the right-of-way, that the calculations show the existing setback to be only 21
feet. Dennis Becker said the plans as submitted show the bedroom and porch to be
one addition, and show that the addition would extrude eight feet out from the
existing wall, making; the proposed addition set back 13 feet from the right-of-
way.
Mr. Fields said the Board of Adjustment had granted a variance in the neighborhood
which exceeds this request.
Mrs. Mills asked about the revised plans and Mrs. Fields said they plan to build
the bedroom in line with the house, that the only variance being asked for now is
for the porch, to be ten feet from the north wall of the house (eight feet plus
two feet of overhang).
Larry Tompkins asked that it be established whether the existing structure is
conforming. Chairman House stated, according to measurements, it was not.
Tompkins said, if it were a conforming structure, the applicant would be correct
in saying they do not need a variance for the bedroom. Tompkins said he thought
there were two variances to be considered. Fields said, as the proposal was
submitted, the ten -foot variance is for an addition of a porch and bedroom as one
structure.
Chairman House closed the public hearing and stated the Board would make a
determination.
Robert Waldren stated he had no comments.
Tompkins stated he feels the addition would be nice, but feels it could be built
without the variance by moving it a bit to the south. Mr. Fields said if he were
to move the addition as suggested, it would obliterate the dining room windows,
which they do not think is desirable. Larry Tompkins said he understood and
concurred with that. Tompkins said, with the overhang, he calculates the addition
would be 11 feet from the right-of-way, which is a substantial reduction from the
requirement.
Mr. Fields said he had not seen the calculations made by Mrs. Jones until today.
He said, assuming the right-of-way is sitting in the middle of the street, his
calculations show there is 13'9" from the centerline to the curb and that, added
to the 38'4", makes a total of 54 feet. He said, subtracting 25 feet from that
total makes the northeast corner of his house 27 or 28 feet from the right-of-way.
He said his ten foot variance would leave him with 17 feet from the right-of-way.
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Board of Adjustment
June 6, 1983
Page Three
Tompkins said he assumes the street pavement is centered in the fifty foot
right-of-way.
Butch Robertson
said
to put more stock in
quarter section line
Street is from the'redge of the south right-of-way to that section line, and
assuming that the center of the street is five feet north of that, then Mr.
Fields does have 18 feet to his house. Don Mills pointed out the city plat map
shows twenty feet on the south side and thirty feet on the north side of center
and, if Mr. Fields is measuring from the center of the street, it could be the
pavement is not centered in the right-of-way. Waldren said he thinks the street
is probably farther north than the quarter section line. Fields insisted the
house is set back 27 or 28 feet from the right-of-way and said they ask for a
ten foot variance, but to "split hairs", he thinks the actual variance would be
for about 7'4" or 7'6".
the survey and the plot plan do not agree and he would tend
the survey. Waldren said the survey measured from a
and the plat map shows the south twenty feet of Sycamore
Dennis Becker said he is confused to the point where he thinks a decision cannot
be made until the numbers can be straightened out. Chester House pointed out the
calculations have been made from the McGoodwin Survey. Waldren said the survey
does not show the street. Don Mills asked if there was more information in the
office. Suzanne Kennedy said there was not and explained the notes made by
Bobbie Jones are her interpretation of the survey and the plot plan. Becker said,
since this is the first time the Fields had seen the calculations, he thinks it is
premature to make a decision.
Don Mills moved to table the appeal until measurements can
exactly how many feetthe house is from the right-of-way.
by Dennis Becker.
be straightened out on
The motion was seconded
Chester House said the question of whether or not the survey is accurate is up in
the air. He said the Board can defer the appeal or take action on it. He said he
is not sure if a new survey would establish different points. Becker said he did
not find anything wrong with the survey but just does not know where the right-of-
way line is compared to the section line. Don Mills said she did not think a new
survey is needed but just to determine where Bobbie Jones got her calculations.
She said she did not think it is fair to the Fields to make a decision when the
Board is not sure where the right-of-way is. Chester House said he thought the
right-of-way is 50 or 60 feet and said the blacktop would probably not be to the
edge of the right-of-way. Becker pointed out the survey shows the property to be
210 feet along the side and when 20 feet was taken, that left 190 feet. He said
the plot plan shows 197.6.feet from the curb line to the back property line,
perhaps meaning the right-of-way boundary is 7'6" south of the curb line, but that
calculation would differ from the calculations made by Bobbie Jones.
Chester House said there would be no further fees to be charged. The motion
passed, 6-0, with Crittenden absent.
The Chairman apologized to the Fields for having to extend their appeal for two
more weeks but said he believed it would be to everyone's benefit to know the
exact measurements. He asked Suzanne Kennedy who could come up with the exact
measurements. She said the notes she distributed were what measurements Bobbie
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Board of Adjustment
June 6, 1983
Page Four
Jones had come up with based on the material she had. She asked Mr. House if the
Board was asking Bobbie Jones to contact the surveyor for more information. Mrs.
Mills said to ask Bobbie Jones where she got her figures, and point out the
discrepancies in the measurements, and ask her to clarify these at the next
meeting.
Mr. Fields asked on what basis the Board granted a ten foot variance for the
house on the corner of Cleveland and Gray two or three years ago. He said he
had measured that house to be from 16 to 161 feet from the curb line. Chester
House said he did not wish to get involved in a debate on that question but said
that he may have voted against that particular appeal. He said he does not mind
granting a side yard variance as much as he does mind granting a front yard
variance.
Mrs. Fields asked if someone would be coming out to do more measurements or how
will any further information be determined. Chester House said it would be up
to Bobbie Jones whether anyone is sent out to measure or the Board will make a
determination from the documents on hand. Mr. Fields said, when they filed
their appeal, Bobbie Jones had made a search at that time for further information
and couldn't find any more documentation. He said the original 52 foot setback
was measured from stone markers. He said these were plowed up by the City and
they wouldn't have had to ask for a variance were it not for the City's seizure
of twenty feet of their property. Mrs. Fields asked how a determination would be
made based on the information the Board presently has. Mrs. Mills said all the
Board is asking for is for Bobbie Jones to explain where she got her information,
which does not "jive" with the plot plan submitted by the Fields Suzanne Kennedy
said Bobbie Jones' notes seem to say there is a discrepancy between the calculations
from the survey and the calculations from the plot plan.
The last item on the agenda APPEAL NO. 83-14
was public hearing on 1660 N. COLLEGE AVENUE
Appeal No. 83-14, Jerry L. Wilson, JERRY L. WILSON
1660 N. College Avenue, application for a
waiver of the building setback on Sycamore Street and application for a waiver of
the literal parking requirements of one car per 1,000 square feet of building area.
Mr. Wilson was present as well as his daughter, Leanne Wilson.
Mr. Wilson stated the zoning ordinance does not address the category of mini -
storage in applying parking requirements. He said designated parking is not
needed, except for a few spaces by the office, as drivers simply stop at a
rental unit, load or unload and depart.
Mr. Wilson displayed a model of a similar storage project in Tulsa and a model of
the proposed structure to be built in Fayetteville. He also distributed photos
of sample projects. He said if the building setback were waived on Sycamore,
(1) he could design an additional unit for the project and (2) hethinks this
would make a more attractive project. He explained that, in other instances,
people have used the setback space for parking "rolling stock" such as recrea-
tional vehicles, boats or other junk and that his idea of having a wall of the
building up against the property line would eliminate this problem. He said he
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Board of Adjustment
June 6, 1983
Page Five
would continue a stucco wall down the property line and add landscaping and
grass between the sidewalk and the building. Robert Waldren asked if there
would still be a chain link fence along the east, west and south sides.
Mr. Wilson said there would be a privacy fence with landscaping on the east side.
He said they would try to have landscaping on the south side, but they have not
finalized those plans.
Larry Tompkins asked about the possibility of moving all the units slightly to
the south. Mr. Wilson said there is a slope to the south and they already have
to comply with a 15 foot setback on that side. He also added that they have
given ten feet off the property along Sycamore Street for right-of-way and, if
the setback variance is granted, they intend to give another ten feet of right-of-
way towards improving Sycamore Street, which he said he doubted would happen in
the near future. Larry Tompkins said Sycamore Street is designated a major
collector, and that there have been many accidents at that intersection. Chester
House said he thought there had been some utilities moved in that area recently.
Mr. Wilson explained his new plans (if the building setback is waived) for a
stucco wall and a new drop inlet along that side of the property.
Dennis Becker suggested the screening can still be installed without using the
building wall for screening.
Don Mills asked if the variance is not granted, would the setback area be used
for parking of recreational vehicles, etc. Mr. Wilson said probably so.
Robert Waldren asked who owns the property between this site and College Avenue.
Wilson said that property is owned by Gene Glover, of Rita's Hair Design Institute.
Mr. Wilson said he and Mr. Glover have worked out an agreement on a utility
easement which crosses part of Mr. Glover's property. Larry Tompkins asked about
the location of the south boundary of the existing right-of-way. Mr. Wilson said
the existing right-of-way, wherever it may be located, is only 50 feet, that he
has given an additional ten feet and if the setback variance is granted, he intends
to give another ten feet, making a total of 70 feet of right-of-way.
With no further questions or statements, the Chairman closed the public hearing
and asked for discussion and determination by the Board.
Robert Waldren said he thought Mr. Wilson simply decided to add an additional unit
to the project, thinks it is laid out to meet all the setback requirements and is
not inclined to grant the variance just so Mr. Wilson can have an additional unit.
Don Mills asked Suzanne Kennedy what the plan is for Sycamore Street in the future
and she said she did not know where Sycamore Street stood as far as priority on
being improved.
Mr. Wilson said he was not here simply to add extra square feet to the project,
but wants to enhance the appearance of the project. Waldren said he does not like
to approve a total variance for a setback.
Don Mills said she would not be in favor of a variance for a building along
Highway 71 or Sycamore Street.
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Board of Adjustment
June 6, 1983
Page Six
Butch Robertson said, if the project is done properly, he thinks it will enhance
the area and it appears to be a class storage facility.
Dennis Becker said he just recently had worked on a layout for a storage facility
and said it is possible to stay within the required setbacks and still have
screening and landscaping without locating the buildings up against the property
line, and including one parking space per 1,000 square feet. Becker said since
Bobbie Jones has not required a separate parking area, he does not wish to waive
the parking requirement of one car per 1,000 square feet. He said he would not
be in favor of granting the setback variance.
Larry Tompkins said he thought the project is well designed but thinks this
becomes a transitional zone between commercial on College Avenue and what will
eventually be a developing residential area along Walnut and Ash Streets. He
does not think there is enough of a hardship to warrant reduction of the front
yard setback, and is inclined to disapprove.
Mr. Wilson said he can build the project with the square footage he presently
has. He said he has already shown the required parking layout to Bobbie Jones
and it will be no problem.
Dennis Becker moved to deny the variance. The motion was seconded by Larry
Tompkins and passed, 4-2, with Butch Robertson and Chester House voting "nay"
and with David Crittenden absent.
Chester House asked that election of a new
Chairman be placed on the agenda for the next
meeting.
OTHER BUSINESS
With no further business, the meeting adjourned at 5:05 P.M.
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