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Home My WebLink About1985-04-01 MinutesL AAAITAS OF THE BOARD OF ADJUSTMENT A meeting of the Fayetteville Board of Adjustment met on Monday, April 1, 1985 at 3:45 p.m. in room 111 of the City Administration Building, 113 W. Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Chester House, David Crittenden, Don Mills, Robert Waldren, Larry Tompkins and Dennis Becker MEMBERS ABSENT: None OTHERS PRESENT: Jerry Sweetser, A. D. King, Bobbie Jones, Paula Brandeis and others The regularly scheduled was called to order by Chairman House and the minutes of the meeting of March 4, 1985 were considered. MINUTES There being no additions or corrections, the minutes were approved as distributed on a motion by Crittenden and a second by Tompkins. HEARINGPUBLIC E REQUEST BUILDING The second item on the agenda was public hearing #85-8 submitted by Sweetser Properties for property located at 888 Lawson Street with a request to vary the lot area minimum, represented by Jerry Sweetser. Chairman House advised that he would abstain from voting on this appeal because of a conflict of interest. Sweetser stated that he has enough room to build three additional units to this apartment complex but he would like to build eight. He noted that the existing apartments, as well as those proposed, are efficiency -type with 500 sq.ft. which are rented to single people and that, in most cases, the residents do not have cars. He said the parking lot is never over one-half full. Sweetser said that under the parking requirements, he would need to provide additional spaces and he advised that he does have enough room at this site to do so. He pointed out that the total of the existing structure along with the proposed structure will occupy only 18% of the available land. Tompkins asked which property line represents the side and which is the front and rear. Sweetser advised that the line to the east of the proposed structure is the rear lot, requiring only 8 ft. of setback. • 2N • Board of Adjustment April 1, 1985 Page 2 Jones clarified rear property line as that line opposite of a street. Sweetser said that his present parking spaces are 10 X 20 ft. and that he could get additional parking by reducing these to the current standard of 9 X 19. Waldren asked for clarification of this request and Jones advised that, for the eight additional units Sweetser wishes to build, he would need a total land area of 529700 sq.ft. (total of 31 one -bedroom units) and he will only have 46,200 sq. ft., or minus 6,100 sq.ft. She added that he will need 47 parking spaces for this many units. Sweetser said he can meet the parking requirement if deemed necessary. There was no one present to speak either for or against this appeal and Chairman House closed the public hearing to Board discussion. Crittenden said he didn't see why a variance was called for as Sweetser could build additional units on this property within the code and he added that he likes the amount of green space as is. Mills agreed with Crittenden, adding that there is no hardship involved. Sweetser advised that, by the code, he is • three four -bedroom apartments at this site not a case of whether he would use up green He noted that a duplex would use up more has planned. allowed to build two or and he felt that it was space, but in what manner. ground space then what he Crittenden advised that, although Sweetser's proposal is less intense than that which he is allowed, this Board can only judge on the case with which it is presented. Tompkins said he thought that the plan is laid out condusive to a legitimate apartment design but he felt that, with the development of the R-2 ordinance which specifies density, Sweetser could. build under that ordinance without a variance and he said he was inclined to disapprove of the request. Becker said he had worked on this apartment complex and was familiar with the area. He said the parking area is underused and that there also exists a great need of efficiency units in the City. Becker said that although this case does not completely meet the definition of hardship, under the circumstances he would be in favor of the variance. Waldren agreed with Becker. He said he thought Sweetser has gone out of his way to create an attractive development and yet make best use of the land. He said he was inclined to grant the variance. • Becker noted that the parking could be accomodated, if necessary, and the main point here was the square footage relationship. He said something goes beyond the code in terms of the actual density. az • Board of Adjustment April 1, 1985 Page 3 Tompkins said he agreed with Becker in terms of floor area ratio, but in terms of intensity ratio (amount of concrete, parking lot, building and open space), he would disagree. He said he thought the intensity ratio was extremely high. MOTION a Waldren said he felt parking requirements are overstated and he moved to approve this variance. Seconded by Becker, the motion to approve failed to pass, 2-3-1 with Waldren and Becker voting in favor and House abstaining. PUBLIC HEARING - APPEAL 85-9 A.D. RING - S. COLLEGE REQUEST TO VARY LOT WIDTH The third item on the agenda was public hearing appeal 85-9 submitted by A. D. King for property located on S. College, south of Ella for a request to vary the minimum lot width from 60 ft. to 58 ft. Mr. King was present to speak for this request. He said he must have • a minimum of 60 ft. lot width to build on this lot. He said he wants to build a single family, two -bedroom home. In answer to Waldren's question, King said he has owned the lot since 1979 and in answer to Crittenden's question, he replied that he does not own any of the adjoining lots. Tompkins asked the size of the lot and King replied that there are 7,540 sq.ft.; Jones advised that 6,000 sq.ft. are necessary for a single family dwelling. King said that the house he has planned will meet all the required setbacks. Jones advised that there is a section of the ordinance that provides that a building permit may be issued without a variance if the lot has not been owned by the same person who owns the lot either to the north or to the south as of June, 1970. King said that he has not owned the lots either to the north or south of him during the specified period of time. MOTION Waldren moved to grant this appeal, seconded by House. Crittenden • inquired if the motion could be amended to allow only a single family dwelling to be built. Both Waldren and House accepted the amendment. 0 • Board of Adjustment April 1, 1985 Page 4 Tompkins asked if widening S. College made this lot non -conforming in R-2 and Jones said it was the Code of Ordinances adopted in 1970 that made the lot non -conforming. She said the lot width in R-2 is 60 ft. for single family and two-family and she added that the provision of the ordinance to which she was referring pertains only to the construc- tion of single family dwellings, not multi -family. The question was called and the motion to approve passed 6-0-0. King inquired as to procedure to close the alley behind his property and was advised to pick up a form from the Planning Office regarding this. Board members thanked Dr. Crittenden for his service on this Board as he announced that his term has come to an end with this meeting. He said it has been a pleasure to serve but that he has several other obligations to fulfill and will not be able to serve another term. Board members also thanked Becker for his service and expressed their satisfaction in his announcement that he has requested to serve another term. Tompkins asked Chairman House if he, as chairman, could recommend • both Crittenden and Becker for another term and Jones advised him that members are appointed by the City Board upon recommendation. House said he has spoken with the City Manager regarding this issue. There being no further business, the meeting was adjourned by a motion from Crittenden and a second from Waldren. 4;3o p,u., • V