HomeMy WebLinkAbout1984-05-21 Minutes•
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MINUTES OF A BOARD OF ADJUSTMENT MEETING
The Fayetteville Board of Adjustment met at 3:55 P.M. on Monday, May
21, 1984, in Room 111 of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Chester House, Robert Waldren, Don Mills, -Dennis
Becker, Larry Tompkins and David Crittenden•
"Butch" Robertson
Don Courtright, Bobbie Jones and Paula -Brandeis
The meeting was -called to order by Chairman House.
MINUTES
Larry Tompkins requested that a correction be made to the minutes
of May 7, 1984 as follows: on Page 3, paragraph 6, Tompkins voted
"nay" to the motion by Don -Mills to deny the variance, the resulting
vote being 5-1-1, Waldren abstaining. Otherwise, minutes approved
as distributed.
The only item on the agenda was the Public Hearing on Appeal 84-7,
a request for variance on the 8 ft. setback for Don R: Courtright,
101 Nolan. Zoned R-1, Low Density Residential District. Setback
requested is--6-ft. 2 in. from the north side property line to the
roof overhang.
Don Courtright was present to represent this appeal. He stated that
he would like..to.bu.ild.an.addition to his house which was built at
a time when side setbacks were only 5 ft. (his setback is currently
7', 6" to the wall). He added that this addition will still allow
50 ft. of setback at the rear of the property.
Crittenden asked if the chain link fence shown in the accompanying
photo was on the property line and Courtright answered it was and
that he and his neighbor had shared the expense of installing the
fence the previous weekend.
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Tompkins requested to know if there was some problem about meeting
the presently required setback and Courtright replied that it would
take away space from his addition.
Courtright cited a neighbor who has recently been granted a variance
similar to the one he is -requesting and another neighbor whose addition
was constructed to conform to the current setbacks.
Courtright stated that his neighbor to the north was highly in favor
of this addition as it will -provide the neighbor with more privacy.
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Board of Adjustment
May 21, 1984
Page 2
Clerk Brandeis verified that a neighbor had visited the Planning Office
and given verbal approval of this project.
Chairman House closed the Public Hearing to discussion among Board
members.
Crittenden, Mills, Waldren and Becker said they had no objections
to this appeal. Tompkins said he did not see any hardship and that
he would vote no.
Waldren stated that he felt a problem existed because of some properties
that met the setback requirements when they were constructed but do
not now meet requirements because of changes in the code.
Mills said that, although the addition would not conform, she could
see no problem allowing a variance in a neighborhood such as this.
Tompkins asked if the new Ordinance would provide for these kinds
of discrepancies to which Jones replied that the Planning Commission
Update Committee is looking into these types of questions. She said
that they were considering a possible amendment to the Ordinance that
would allow residents to build in conformance with what is presently
in the neighborhood as opposed to what the Zoning Ordinance calls
for. Jones said that she would remind the Update Committee that some
action was still needed.
Tompkins stated that, especially in regards to new construction, he
would not like to perpetuate the policy of allowing variances for
setbacks.
Robert Waldren moved to approve this variance as requested, seconded
by Don Mills, motion passed 5-1 with Tompkins voting "nay".
OTHER BUSINESS
Board members requested of Planning Administrator Jones that a letter
be addressed to David Williams of the Update Committee stating the
Board of Adjustment members concern that the Update Committee commence
with the updating of the codes.
David Crittenden moved adjounment, seconded by Don Mills, the motion
passed unanimously. The meeting was adjourned at 4:14 P.M.
gy J