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HomeMy WebLinkAbout1984-09-04 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING The Fayetteville Board of Adjustment met at 3:45 on Tuesday, September 4, 1984 in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Chester House, Dennis Becker, David Crittenden, Robert Waldren and Don Mills MEMBERS ABSENT: Larry Tompkins and "Butch" Robertson Chairman House called the meeting to order at 3:50 P.M. MINUTES The first item on the agenda was August 6, 1984 meeting. Becker seconded and the motion passed as distributed. the approval of the minutes of the made a motion to approve, Waldren 5-0-0. The minutes stood approved PUBLIC HEARING ON APPEAL 84-17 JACK AND MARTHA AUDRAIN REQUEST FOR VARIANCE ON BUILDING SETBACK The second item on the agenda was a Public Hearing on Appeal 84-17 for Jack and Martha Audrain located at 433 North Willow Ave. Requested is a variance of the building setback to 4.5 ft. from the required 8 ft. in this R-1, Low Density Residential District. Audrain was present to speak for this appeal. He stated that he would like to add a carport to the front of the existing garage which would include extending the roofline. He said the garage has a partition down the center prohibiting the shelter of a car and so the structure is being used as a room for his wife's mother. Audrain said, because the setback requirement was different when the house and garage were built, he is asking for a variance so as to align the carport with the garage. Mills asked if the garage could be used for car shelter if the partition was removed and Audrain said he would have to rebrace the structure and add a new door. House commented that, long ago, garages were sometimes built right on the property line and shared by two neighboring residences. Crittenden asked how the garage would be accessed if a carport were built directly in front of it and Audrain said there is a side entrance. 1(7 • • • Board of Adjustment September 4, 1984 Page 2 Becker asked if the proposed carport would be built of the same material as the existing garage and Audrain replied that it would. House closed the Public Hearing to Board discussion and Crittenden said he would be in favor of granting this request. Mills commented that if the existing tree to the side of the garage were cut down, Audrain could build the carport at that location and remain within building setbacks. Audrain replied that there are two full-grown trees that would have to be cut to attain the necessary space. Waldren agreed with Crittenden and said he had no objections because of the fact that building setback requirements were less when this house was built. Becker also agreed. MOTION Crittenden moved to approve this variance as requested. Becker seconded and the motion to approve passed 4-1-0, Mills voting "nay". PUBLIC HEARING APPEAL 84-18 OZARRS ELECTRIC CO-OP. RULING ON ADMINISTRATOR'S INTERPRETATION The third item on the agenda was a Public Hearing on Appeal 84-18, a request by Ozarks Electric Co-op located at 3461 Wedington Drive, for a ruling on an interpretation by the Planning Administrator. John Eldridge, attorney for Ozarks Electric, was present to represent this appeal. He requested that the Board table this item because the City Board of Directors has scheduled a proposed amendment to an ordinance, tonight, which may clear up the existing problem. He said if the amendment is passed, the Building Code Use Unit pertaining to Ozarks Electric would then include Public Utility Office Space and Maintenance Buildings in it's present district. Eldridge requested that this appeal be heard at the next Board of Adjustment meeting (Sept. 17) if the Board of Directors does not approve the ordinance amendment. MOTION Waldren made a motion to table this appeal; seconded by Mills, the motion to table this request passed 5-0-0. 118 • • • Board of Adjustment September 4, 1984 Page 3 PUBLIC HEARING APPEAL 84-19 DWAIN MITCHELL 1130 NORTH GARLAND REQUEST FOR TWO SETBACK VARIANCES The fourth item on the agenda was a Public Hearing on Appeal 84-19, a request to vary the setbacks at two locations on property at 1130 North Garland; Zoned C-1, Neighborhood Commercial. Chairman House announced that he would abstain from voting on this issue because of a possible bias. Walter Niblock, Attorney for Dwain Mitchell, requested to speak for this appeal. He said that his client wishes to make cosmetic improvements to the subject property which is located on an odd shaped lot and will not meet the current setback requirements if the improvements are to be constructed as designed. Niblock said the improvements include a Mansard roof and a canopy over the gas pumps. Niblock advised that one variance requested is to allow a setback for the mansard roof overhang of 46 ft. from Mt. Comfort Rd. (requirement is 50 ft.) and 47 ft. from Garland (requirement is 50 ft.). He said the other variance would allow the setback of one canopy at 17 feet from Garland and one canopy 16 ft. from Mt. Comfort Rd.; the requirement is 20 ft. Niblock said his client is also being required to provide the City with 5 ft. additional right-of-way for easement. Jones, Planning Administrator, reported that, if it were not for the City's request for an additional 5 ft. of right-of-way on Garland and 10 ft. on Mt. Comfort, Mitchell would meet the required setbacks. Crittenden asked if the pump islands exist presently and Niblock replied that new pumps will be set on the existing islands. Mills asked how far over the pump islands the canopies will extend and Mitchell said that they were originally set up for twelve foot centers which will wind up with an eight foot overhang for vehicle shelter on either side. Waldren asked if pump island canopies are available in standard sizes and Mitchell replied that they are built to specifications on site. Waldren suggested that the canopy with the largest encroachment might be shortened so as to lessen the amount of variance requested. Mills suggested shortening the canopy by three feet over island number 3 on the diagram and Niblock replied that that could be done. Becker advised that if one canopy was trimmed down three feet (one and one-half one each side of the pumps) it would still not meet the building setbacks and he added that he had no problem with approving this request because he felt there was a hardship in that the lot is askew on the Mt. Comfort frontage. iiq • • • Board of Adjustment September 4, 1984 Page 4 Crittenden asked if the proposed gas station will include a grocery store and Mitchell replied that a small one was planned. Chairman House closed the Public Hearing to Board discussion. Mills said she could agree with the variance for canopies #1 and #2 but she would like to see //3 somewhat smaller. Waldren agreed but said he would be in favor of the appeal as is. Becker said he thought some consistency should be maintained and that if one canopy is trimmed down, they all should be. He commented that the variance requested on building (roof) setback is small and the property will be upgraded and improved with the granting of this request. He said he was in favor of the entire appeal. MOTION Becker moved to approve the variance as requested; seconded by Waldren, the motion to approve passed 4-0-1, Chester House abstaining. There being no further business, the meeting was adjourned at 4:30 P.M. by a motion from Crittenden and a second from Mills. IPo