HomeMy WebLinkAbout1985-12-16 Minutes• MINUTES OF THE BOARD OF ADJUSTMENT
A meeting of the Fayetteville Board of Adjustment was held on Monday,
December 16, 1985 at 3:30 P.M. in Room 327 of the City Administration
Building, 113 West Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Larry Tompkins, Don Mills, Robert Waldren, Dennis
Becker, Gerald Boyd and Jerry Allred
MEMBERS ABSENT: None
The meeting was called to order by acting Chairman Tompkins and the
minutes of the November 20, 1985 meeting were discussed.
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Tompkins moved the minutes be approved as distributed. Seconded by
Mills, the motion passed unanimously.
ELECTION OF NEW CHAIRMAN
Tompkins announced the floor open to nominations for Chairman and
• Mills proceeded to nominate Larry Tompkins and Waldren nominated Don
Mills. Tompkins said he felt Mills would make an excellent Chairperson.
Waldren pointed out her long-term service on this Board. Nominations
ceased upon a motion by Allred and a second by Becker.
The Board elected senior member, Don Mills, as Chairperson, noting
the difficulty in making this decision as they felt both candidates
were extremely well qualified and capable. The Board also noted their
respect for both Tompkins and Mills.
Chairman Mills announced the procedure to be followed by this Board
in addressing the requests before it, noting that each person would
have an opportunity to speak.
PUBLIC HEARING - APPEAL 85-34
MIKE HOPKINS - 742 NORTH STREET
The first item of consideration was a Public Hearing on Appeal 85-34
submitted by Mike Hopkins. The request is to vary the required 25'
setback from street right-of-way to 10' from street r/w on property
located at 742 North Street.
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• Board of Adjustment
December 16, 1985
Page 2
Hopkins explained that he wished to withdraw his request and submit
an alternative plan. The Board agreed to have a preliminary look
at Hopkins' alternative and to table his appeal until final plans
have been submitted through the Planning Office.
Hopkins advised that his alternative amounted to relocating the gasoline
pump island back 10' from its present location and adding a canopy
that would extend to a point within 15' of the North Street r/w.
He further explained that he would be reducing parking spaces to four
in front of his convenience store allowing an efficient flow of traffic
for the gas pumps. Jones commented that a sidewalk is required on
both sides of North Street.
NOTION
Waldren moved to table this request until the petitioner re -submits
an alternative plan. Allred seconded and the motion passed unanimously.
Punic HEARING - APPEAL 85-35
DAVID N. GREER - 231 E. DAVIDSON
• The second item of consideration was a Public Hearing on Appeal 85-35
submitted by David M. Greer. Requested is a setback variance on the
side property line from 5' to 18" for property located at 231 E. Davidson.
Greer stated that
he would like
to
put an open carport
on the
east
side of his property
as it would
be more convenient to
his house.
He explained that
he had slipped
on
the ice in the recent
storm
which
made him more aware of how much
he
needed the carport.
Greer
noted
that, although his
is a crowded
lot,
the carport will be
out of
sight
and added that the
neighbors have
no
objections.
Tompkins asked if Greer had considered any other locations for the
carport, such as adjacent to the existing garage at the rear of the
lot. Greer pointed out that this would be result in a small, difficult
to maneuver space.
In answer
to Mills" question,
Greer replied that
it would
require
a very sharp
turn to get a car to
a shelter behind the
house.
Larry Poage,
City
Fire
Marshall, advised
that he had a
problem with
exposure. He
said
there
is a two story house
about 20' from
the proposed
carport location and two garages within three feet of each other.
Poage advised if a fire came out of a window, it would come under
the canopy and mushroom over to the next house. He suggested the
alternative of a carport closer to the street rather than the design
• labeled "preferred location" in Greer's petition.
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• Board of Adjustment
December 16, 1985
Page 3
Jones, City Codes Technician, cited regulations of Ordinance #3181
passed October 1, 1985 which state that a carport may extend into
the yard setbacks if (a) it is set back at least 10' from the street
r/w; (b) set back at least 5' from side property lines; (c) set back
at least 10' from the rear property line; (d) the area below the roof
is open on the sides; and, (e) it does not materially obstruct vision.
Mills closed the Public Hearing and turned to Board discussion. Tompkins
stated that he, also, had a problem with the safety involved with
this request. He said he understood the problem but felt there was
space in the back of the house to shelter two cars.
Greer pointed out that his garage is wooden and the next door neighbors'
garage is concrete block.
Becker stated that safety was a prime consideration and suggested
Greer address an alternative. He added that, as presented, he would
vote against the appeal.
Waldren voiced agreement with Tompkins and added that, if the alternative
of sheltering two cars in the rear of the house were acceptable, it
would eliminate a non -conforming structure (the present garage).
• He said he would vote against the appeal as it is.
MOTION
Tompkins moved to deny this petition.
to deny passed 6-0-0.
MOTION
Seconded by Becker, the motion
Waldren moved adjournment. Becker seconded, followed by discussion.
The Board, as a whole, voiced their disappointment in the lack of
support expressed by the Planning Commission in having a joint member.
Jones explained some of the sentiments voiced by Commission members.
Becker said he felt there need not be a separation of "Public Hearing"
and "private discussion" during meetings of the Board of Adjustment.
After some discussion of this issue, Mills suggested announcing the
Public Hearing segment and then closing it and turning to Board discussion
without excluding the petitioner from said discussion. This thought
was approved of by other Board members and Allred added that he would
like to know the legal technicality of formally closing a Public Hearing.
There being no further discussion, the meeting adjourned at 4:30 P.M.
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