HomeMy WebLinkAbout1984-09-17 MinutesMINUTES OP A BOARD OF ADJUSTMENT MEETING
The Fayetteville Board of Adjustment met at 3:45 on Monday, September
17, 1984 in Room 111 of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Chester House, Dennis Becker, Robert Waldren,
David Crittenden and Don Mills
MEMBERS ABSENT: Larry Tompkins and "Butch" Robertson
Chairman House called the meeting to order at 3:50.
MINUTES
The minutes of the September 4, 1984 meeting were approved as distributed
by a motion from Bob Waldren and a second from Don Mills.
PUBLIC HEARING APPEAL 84-20
MRS. JERRY McDARIS - 1923 ARROWHEAD
REQUEST TO VARY SETBACK, WIDEN DRIVEWAY
The second item on the agenda was a Public Hearing on Appeal 84-20,
a request to vary the side property line setback to allow for the
widening of the driveway. The Planning Commission waived the driveway '
safety zone for this property at it's meeting of September 10, 1984.
McDaris was present to speak for this appeal. She stated that she
would like to widen the driveway to 20 feet primarily to allow a parking
space for a vehicle which is currently being parked on the street
and has been hit once and is being vandalized. McDaris said, if this
variance is granted, her driveway would be extended to within three
feet of the property line and twenty-six and one-half feet from the
neighboring house.
Jones, Planning Administrator, stated that parking should be five
feet from adjoining property which would make this a variance of 2
feet and she added that, if this variance is granted, McDaris will
still be within the maximum allowable driveway width.
Chairman House inquired whether there have been any phone calls to
the Planning Office addressing this appeal and the Planning Clerk
replied that there had not.
House closed the Public Hearing to Board discussion at this time and
Becker, Waldren and Mills said they had no objection to this request.
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September 17, 1984
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Crittenden said he thought that part of the reason this property was
short of parking spaces is that the garage (immediately adjacent to
the present driveway) is being occupied by a boat and that this family's
vehicles include two cars in addition to the boat.
Jones commented that the major concern of the Planning Commission
is the spacing between, as well as the frequency of, driveways and
House added that when this house was built, all the garages were built
to the same side of each house, eliminating problems with driveway
spacing.
MOTION
Waldren moved approval of this variance; seconded by Becker, the motion
to approve passed 5-0-0.
OTHER BUSINESS
Becker stated that he did not feel that the challenging of interpretations
made by the Planning Administrator should be dealt with by the Board
of Adjustment, particularly with regards to land use (zoning) issues.
Jones said that, as long as there was not an existing State Statute
which required this issue to remain with the Board of Adjustment,
she was not concerned about which body should handle these questions.
Becker said he felt the Planning Commission would be better able to
answer the interpretation challenges.
MOTION
Becker made a motion to request that the City Attorney to draft an
amendment to the Zoning Ordinance (Art.10, 4(A)) requiring the Planning
Commission to address the challenging of Planning Administrative inter-
pretations (instead of the Board of Adjustment) and to request the
Planning Office to advertise for a Public Hearing for this proposed
amendment if there are no existing State Statutes in conflict with
this request. Crittenden seconded and the motion passed 5-0-0.
There being no further business, the meeting adjourned at 4:30 by
a motion from Waldren and a second form Crittenden. Waldren announced
that he would be absent from the next Board of Adjustment meeting.
NOTE* The Planning Office checked with City Attorney, McCord,
on September 18, 1984 and found that there is an existing
State Statute that is in conflict with the request made
in the motion by Becker and a Public Hearing was not advertised.
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