The URL can be used to link to this page

Home My WebLink About1985-08-05 MinutesMINUTES 1' THE BOARD 1' ADJUSTMENT A meeting of the Board of Adjustment was held on Monday, August 5, 1985 at 4:00 p.m, in Room III of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Chester House, Jerry Allred, Robert Waldren, Dennis Becker and Gerald Boyd MEMBERS ABSENT: Larry Tompkins and Don Mills Chairman House called the meeting to order and the minutes of the July 15th meeting were considered. There being no additions or corrections, the minutes were unanimously approved as distributed upon a motion by Waldren and a second by Becker. APPEAL 85-21 CLARENCE YOUNG SETBACK VARIANCES - 1625 E. RIDGEWAY The second item on the agenda was consideration of Appeal 85-21, a • request for two setback variances submitted by Clarence Young. Property is located at 1625 E. Ridgeway and the request is to vary the rear yard setback from 20' to 2.6' and to vary the side yard setback from 8' to 2.6% Young was present to speak for this appeal. Young entered letters into the record from two adjoining property owners who have no objections to the setbacks being requested. As an introduction, he stated that he had bought a riding lawnmower and built a storage building to house it. Young said he investigated ready- made buildings and found them to be expensive and unsightly and settled on building something to match his house. He said he was well aware of zoning laws and had served on the Board of Adjustment when it first commenced. He added that he was not aware that the laws included storage buildings and felt that the location chosen for the storage building is the most logical one on his property with the exception of one other which also would have been in violation. He said that he was not aware that the building was too close to the property line. In response to Waldren's question, Young explained which neighbors live on various lots adjacent to his. Jones noted that a neighbor, Ann Jordan had called the Planning Office expressing concern that water would drain onto her property and Young replied that the roof of his proposed building would shed some of the water that would have run on her land away from her property. • mi • Board of Adjustment August 5, 1985 Page 2 Becker asked if there were any particular rule regarding setbacks for detached storage buildings and Jones replied that any structure over 30" must meet building setbacks and if larger than 8 X 10', a building permit must be secured. Boyd asked if there were any restrictive covenants prohibiting storage buildings in this subdivision. House said he thought that once a structure such as this is erected, it removes the possibility of enforce- ment of the covenants. Emmy Anderson, 1423 E. Ridgeway stated that she has lived in this neighborhood for 20 years and is very proud of it, adding that it is unique. She said she has policed people to keep the area looking nice and noted that one ugly streetlight has been put up as a result of little town politics and one resident being friends with the mayor. Anderson said she does not want an ugly storage building. Mrs. Jeffries, owner of the property at 1637 E. Ridgeway, said that her husband had received a letter from Young stating that his storage building was 3/4 finished and that it would be considerable cost to to him to dismantle it at this stage. She said the letter also stated • that the chosen location was the only place that he could put it. Mrs. Jeffries passed around photographs showing the stage of construction, Young's back and side yards and the Jeffries property which abuts Young's side yard. Jeffries advised that Mrs. Jordan did not want to attend the meeting but has said that she is opposed to the building site. Jeffries noted that SWEPCO's engineer Ivan Faulkner has told her that he could not recommend release of any easement (over which Young's structure will be). She added that the gas company representative told her that he could not recommend release of easement either, as the gas lines run directly under the slab of Young's building. Chairman House noted from the location of the Jeffries house, that it was built before the current setbacks were in affect. Keith Newhouse, 1211 E. Ridgeway, stated that he recently has gone through the procedure of clearance on setbacks for a building permit and was familiar with the restrictions. He said he felt that Young, with his architectural background and service on this Board, should know the rules. Robert Jeffries, son of the property owner at 1637 E. Ridgeway, stated that he might possibly live in the house if it is not sold. He said the family has been trying to fix up the house to sell and Young's structure is objectionable. He said he felt the ordinances were meant to protect the rights of individuals and under the circumstances, a granting of this variance would not be condusive to a good atmosphere • in the neighborhood or to the sale of his parent's property. Terry Jeffries Verhoven, Dr. Jeffries daughter, asked to go on record as being opposed to the granting of the requested variances. 5q Board of Adjustment August 5, 1985 Page 3 • Mrs. Jeffries said she is in the process of leasing her home and putting it on the market and is very concerned about the way things look. Young advised that he was in possession of letters agreeing to easement reduction from SWEPCO. He added that the sewer is in the street in front of his house and the water line, although in the rear easement, presents no problem. He added a letter to the file from the City engineer to this affect. Young advised that the gas company has found that the gas line is running under his property and not in the easement. He added that the Vice -President of operations has agreed to a reduction in easement in exchange for easement over the actual gas line location. Young said that Warner Cable has agreed to a reduction in easement and the phone company has talked favorably on the local level regarding a reduction or release, but the final permission must come from a representative who is presently out of town. Young presented all letters from utility companies to the clerk. Young said he has lived in this subdivision longer than anyone and is proud of the neighborhood too. He pointed out that there are several houses in the area that could not be built today because of setback restrictions and added that he would not want to do anything to damage the neighborhood. Young said that three very large shrubs had previously blocked the view of his yard until the electric company replaced a power pole necessitating the removal of the shrubs and opening the • view to his proposed storage structure. Robert Jeffries said he didn't feel that replacing the shrubs with a building was justified and that he preferred living with shrubs or trees rather than the building which is objectionable. He pointed out that when the building is finished it will block the view from either side of the driveway on the Jeffries property. Chairman House closed the Public Hearing and returned the discussion to Board members. Boyd stated that he felt the rules were fairly clear. He said if this were a true hardship, he might consider differently, but because it seems that Young could live withinthe rules by relocating the building, and because there were so many objections, he would be reluctant to vote in favor of granting these variances. He said if there were no objections, he might feel differently. Becker suggested the possibility of adding a fence and advised that he felt the same as Boyd. He said the rules are clear-cut and, although it is unfortunate that the building is already started, in light of the neighbors objections, he would be opposed to granting the variance. Waldren noted that if Young wished to be spiteful he could build a • fence which would not look any better than the storage building. He a Board of Adjustment August 5, 1985 Page 4 • noted that the rear yard variance request is very large which bothered him although he felt he could go along with the reduction in the side setback. Allred said he felt that the building would turn out the neighborhood, however, her felt suitable for it presented a hardship on two properties adjoining Young's because of their small backyards. He added that realtors, such as Young and himself, should make it their job to know m and the peti stating that he idn'tthave uthe proper knowledge les and abide by w s not valid in thiseinstance, MOTION Becker made a motion to deny both of the requests Seconded by Boyd, the motion for variances.to deny passed 4-0-19 Waldren abstaining. There being no further business, the meeting adjourned at 4:45 p.m. is •