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HomeMy WebLinkAbout1983-06-20 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Board of Adjustment was held on Monday, June 20, 1983. at 3:45 P.M. in Room 209 of the Continuing Education Center, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Chester House, Robert Waldren, Larry Tompkins, Dennis Becker, David Crittenden, Butch Robertson Don Mills Helen and M. William Fields, Bobbie Jones, Suzanne Kennedy MEMBERS ABSENT: OTHERS PRESENT: The meeting was Butch Robertson 1983 meeting be was seconded by called to order at 3:45 P.M. by Chairman Chester House moved the Minutes of the June 6, MINUTES approved as submitted. The motion Larry Tompkins and passed, 6-0, with Don Mills absent. Chester House asked the Board to consider ELECTION OF CHAIRMAN nominations for a Chairman for the coming year. Robert Waldren asked if Chester House's term on the Board was scheduled to run another full year. It was determined that it was. Robert Waldren moved to nominate Chester House as Chairman. The motion was seconded by Larry Tompkins. Butch Robertson moved the nominations cease. Waldren seconded the motion. The motion to nominate Chester House passed 5-0-1, with Don Mills absent and Chester House not voting. The last item of business was public hearing on Appeal No. 83-13 (tabled at the last meeting), submitted APPEAL NO. 83-13 2033 CLEVELAND. AVENUE HELEN FIELDS by Helen Fields, to vary setbacks for a porch at 2033 Cleveland Avenue from 25 feet to 15 feet from the north property line. Mr. and Mrs. Fields were both present. Mr. Fields said he requested Greer Abstract to search the county records and they found no record of an easement being obtained by condemnation or suit, or any granting of street right-of-way for the 20 feet taken off the north side of the Field's lot. Mr. Fields said the original survey by McGoodwin was made in 1949 for purposes of fencing, that stakes were placed and a fence established, offset one foot inside the property line from the stakes. He said he was asked by Bobbie Jones to measure from the southeast corner post of that fence to the present curb, which Fields states measures 214'6", making the southeast corner of the property 215'6" from the curb. He said the survey attached to the agenda is a repetition of the 1949 survey, made in 1963. Fields said, with there being no record of any easement being taken off his lot, and since he never signed anything, there is a question in his mind as to whether the easement was ever taken. Bobbie Jones said that Fields told her other. City staff members had explained to him that at one time many easements were taken by oral agreement, and never recorded in writing. • • • Board of Adjustment June 20, 1983 Page Two Mr. Fields said, when his petition was tabled at the last meeting, Mr. Tompkins asked that the location of the right-of-way be established. Fields asked the Board of Adjustment where they thought the right-of-way was located. David Crittenden stated, although he was absent at the last meeting, he got the feeling from reading the Minutes that during the discussion the Fields decided they did not want a variance for the bedroom and bath. Mr. Fields said it was correct that all they request is a variance for the porch, provided the northeast corner of the building is in compliance with the setback requirements. Crittenden said it seemed to him they probably cannot establish this. Fields said, if there is no record to be found that any right-of-way was granted in more than seven years time, he thinks any granting of right-of-way would have lapsed. Fields said he would like the Board, if they feel competent to do so, to grant him the right to add the front porch if he has a non -complying building and, if his building is in compliance, he would like to establish that. He said the addition of the porch is to restore it as it was in 1903. Waldren said it appeared to him that, if the McGoodwin survey was correct, the City probably didn't take twenty feet off the property and, if so, the house would be in conformance. Bobbie Jones said Mr. Fields had talked with other City staff members such as Ed Connell (Right -of -Way agent), Clyde Randall (Draftsman) and David McWethy (Assistant City Manager) and she said she thought Mr. Fields ought to relate some of his conversations with these people to the Board. Fields said Ed Connell had said his only records were easements granted for utilities. Fields also said there were some property owners to the north who were resisting giving the City utility rights-of-way and that the City filed suit against those persons, that he and Mrs. Fields were not party to that suit. He said Clyde Randall did not know where the right-of-way is located for Cleveland Street and said the Plat Book is marked with a statement that the validity of the Plat Book is not certified and the information contained therein is not rigidly legal. Larry Tompkins asked Bobbie Jones if the Master Street Plan was a legal document and she said that it was, but the City Attorney says it cannot be enforced against an existing single family residence, although it would apply to new structures and new subdivisions. Fields said, according to City Attorney McCord, the right-of-way terminates at the curb line. Crittenden asked Bobbie Jones if this matter could be settled today, by attaching contingencies to an approval. Jones said the Board of Adjustment has the authority to attach conditions to any variance given. Crittenden asked Bobbie Jones who she would approach about solving the issue of the right-of-way location. Jones said she has heard in the past that, if property is used for seven years or more, by prescription, there is a right for what has been used. She said the Board of Adjustment, based on information they have, could permit the building of the bedroom in line with the wall of the existing house, and could decide whether or not to permit the ten -foot porch addition. 35 • Board of Adjustment June 20, 1983 Page Three Bobbie Jones said, according to the aerial photograph, Cleveland Street east of Razorback Road jogs thirty feet and the entire fifty foot right-of-way lies south of the quarter -section line. After further discussion between Waldren, Tompkins and Becker, wherein their calculations differed, Waldren stated he didn't think it makes that much difference where the street right-of-way is. David Crittenden said he agreed. Waldren said he thought that access was available to the property and the property is well -screened by a hedge. Larry Tompkins said he thinks it is up to the City to determine where the right-of-way lines are. Bobbie Jones said the Building Code regulations say it is the property owner's responsibility to locate his property lines. David Crittenden made a motion that, since the Board of Adjustment is unable to determine the exact location of the street right-of-way and given the plans the Fields' have submitted, the Board approves of the plan to add an eight foot porch with a two foot overhang to the north face of their property, and that the bedroom wall will not extend past the present north face of the building. The motion was seconded by Robert Waldren and failed, 3-3, with Crittenden, Waldren and Becker voting in the affirmative and House, Tompkins and Robertson voting "nay" (with Don Mills absent). The Chairman stated the motion failed because amajority of the members present must vote in favor of the motion. MOTION existing Larry Tompkins said he thinks the Board of Adjustment should request the City to establish the right-of-way. Mrs. Fields asked where the utility poles are required to be set. Robert Waldren said these are normally located on the street right-of-way within five feet of the edge but, in,.instances where the right-of-way cannot be determined, poles are placed behind the curb. David Crittenden suggested Mr. Fields contact someone on the City Board of Direc- tors, since the Board of Adjustment is limited to granting variances and cannot demand surveys. Larry Tompkins moved the Board of Adjustment request the City to MOTION establish the appropriate right-of-way along Cleveland Street between Sang and Razorback in order to expedite the Fields' request for a variance. The motion was seconded by David Crittenden and passed, 5-1, with Chester House voting in opposition and with Don Mills absent. Chester House said he did not think the City could pay for this to be done and Larry Tompkins said he thought the City is obligated to its citizens to establish the right-of- way. Mr. Fields said the Board of Adjustment had granted a larger variance at the intersection of Cleveland and Gray, where the building measures 28 feet from the curb line, on the same side of Cleveland. He asked the Board to reconsider their vote and grant the -variance he has requested. Chester House explained to Mr. Fields, as he had at the last meeting, that each case is taken separately, that he did not know who was on the Board at thetime and that he recalled he was not in favor of granting that variance. 3.6 • • • Board of Adjustment June 20, 1983 Page Four Fields asked who must establish the location of the right-of-way and House said it is the responsibility of the property owner, that he thinks the survey would be the most legally binding determination. Mr. Fields said he would have a search made of courthouse records and, if there hasn't been any plat filed, he will make the assumption the right-of-way stops at the curb and will apply for a building permit on that basis. He asked Bobbie Jones what kind of evidence her department has to have as to whether there has ever been a granting of any right-of-way. She said, if no record can be found, she. probably has to have a statement signed by someone that says they cannot find a record. Fields asked if this could be done by a qualified abstractor and Jones said she would check with the City Attorney. With no further business, the meeting adjourned at about 4:35 P.M.