HomeMy WebLinkAbout1985-11-20 Minutes• MINUTES OF THE BOARD OF ADJUSTMENT
A meeting of the Fayetteville Board of Adjustment was held Monday,
November 20, 1985 at 4:00 P.M. in Room 111 of the City Administration
Building, 113 West Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Larry Tompkins, Don Mills, Gerald Boyd and Jerry
Allred
MEMBERS ABSENT: Dennis Becker and Robert Waldren
The meeting was called to order by substitute Chair, Larry Tompkins
who proceeded to express regrets on behalf of the Board on the passing
of the Boards' Chairman, Chester House. Tompkins said that House's
expertise, his sense of humor and his fairness in decisions rendered
under his guidance will be missed by the community and this Board.
He expressed wishes that this Board will be able to continue the fine
work begun by House. Mrs. Carlisle, Planning Director, agreed to
forward the Board's letter of appreciation to Mrs. House,
MINUTES
There being no additions or corrections, the minutes of the October
21st meeting were approved as distributed upon a motion by Tompkins
• and a second by Mills.
The second item of consideration today was a request submitted by
Allen McCartney to vary the side setbacks on a tandem lot located
at 1638 W. Maple. The required setback for a tandem lot is 20' on
all sides; McCartney requests a reduction of the east side easement
to a distance of from 8' to 12'.
McCartney stated that he built a house five years ago on a very crooked
lot and, because he did not intend to build a garage or carport at
that time, he did not give much thought to a possible location for
same. He said the site for the house was chosen with respect for
the sewer line and added that he decided recently a carport was necessary.
McCartney said that, upon checking with many of his neighbors, there
are no objections to his placing a carport within 8-12of the east
property line. He indicated on diagrams (included in his file) that
the entire area is very wooded, providing shelter as well as footage
between houses. He noted that the planned carport will be lower that
the roof line of the house and that it will be about 8 or 9 feet wide.
McCartney passed around photos showing the steep slope of the lot
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• Board of Adjustment
November 20, 1985
Page 2
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and the numerous large trees, prohibiting a driveway from being cut
at another location than that being planned on. He added that all
of the lots in the area are very large and spaced a good distance
away from each other.
Jones, City Codes Technician, explained that a tandem lot does not
allow the standard setbacks required by City code but must adhere,
instead, to a 20' all around setback to provide a buffer zone from
such a property and its neighbors.
Tompkins said that, upon driving around the neighborhood, it appeared
that none of the other lots in the area have garages or carports.
McCartney replied that all of the homes do have either a carport or
a garage with the exception of one.
There being no one present in the audience to speak either for or
against this appeal, Tompkins closed the Public Hearing and turned
discussion over to the Board.
Boyd stated that this case represented a perfect example of a hardship
that will not have any harmful affect on anyone else. He added that
it made sense for the carport to be located as planned by McCartney.
I4DTION
Mills agreed with Boyd and moved to grant the request. Allred seconded
followed by comments from Tompkins. He expressed concern that the
variance would apply to the entire length of the lot if granted.
He suggested a restriction limiting the variance to the structure
being planned which was accepted as an amendment to the motion by
both Mills and Allred. The motion as amended passed 4-0-0.
The third item of consideration was the election of a new Chairperson.
MOTION
After a brief review of the Board by-laws, Allred moved to table the
election of a chairperson until the Board's next meeting at which
time it was hoped all members would be present. Mills seconded and
the motion passed 4-0-0.
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• Board of Adjustment
November 20, 1985
Page 3
The fourth item of consideration was a discussion of the appointment
of a new member to this Board to fill the vacancy formed by the recent
death of Chester House. .
Tompkins noted that, in most legislative bodies, a member of the Planning
Commission may serve on the Board of Adjustment- as well. Jones commented
that, at the time she began work for the City, there was a person
who served on both Boards which, in her opinion, seemed to work very
well.
Mills was in agreement with Tompkins and Jones suggested that a member
of this Board might apply to serve on the Planning Commission. Allred
expressed interest in said position. The following letter of request
to the Planning Commission was entered into the record:
"In an effort to enhance the joint cooperation and communication
between the Members of the City Planning Commission and Members of
the Board of Adjustment in their responsibility and function to guide
and maintain the quality of the physical environment of the urban
area, we ask that the Planning Commission join with us in requesting
• the Board of Directors to make a dual appointment to serve simultaneously
on the Board of Adjustment and on the Planning Commission. In the
past, this arrangement has been useful to each of these bodies".
There
being
no further
business,
the meeting
was adjourned at 4:30
P.M.
upon a
motion from
Mills and a
second from
Allred.
•
ey