HomeMy WebLinkAbout1986-01-20 MinutesMINUTESE
THE BOARD OF ADJUSTHENT
A meeting of the Fayetteville Board of Adjustment was held on Monday,
January 20, 1986 at 3:45 in Room 111 of the City Administration Building,
113 West Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Don Mills, Larry Tompkins, Robert Waldren, Dennis
Becker, Gerald Boyd and Jerry Allred
MEMBERS ABSENT: None
The meeting was called to order by Chairman Mills and the minutes
of the meeting of January 6th were considered.
MINUTES
The minutes were unanimously approved as distributed upon a motion
by Tompkins and a second by Waldren.
PUBLIC HEARING - APPEAL 85-35 (RE -HEARING REQUEST)
DAVID GREER - 231 E. DAVIDSON: SETBACK VARIANCE
Today"s item of consideration was a request for a re -hearing on Appeal
• 85-35 submitted by David Greer for property located at 231 E. Davidson.
Greer requests a variance in side building setback of one foot; required
setback is minimum five feet. This re -hearing refers to an alternate
plan by Greer; his initial plan was denied by this Board 12-16-85,
Greer advised that he is proposing to place the carport closer to
the front of his lot as the principal objection had been expressed
by the Fire Marshall who noted that the (original) placement plan
was so close to the neighbors garage that it prohibited access to
the structure in case of fire. Greer pointed out that the Fire Marshall
has made no objection to the alternative presented today.
Mills asked if the proposed carport should be even with the front
porch. Greer replied that he would like to construct the carport
so that it protrudes forward of the porch in order to avoid blocking
two dining windows.
Allred asked what type carport Greer plans and he replied that it
will consist of four posts and a plastic roof and, although it will
not blend with the architecture of the house, he did not think it
would be conspicuous.
Boyd questioned the dimension on the current sketch presented by Greer
and Greer explained that there are differences because the first time
•
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• Board of Adjustment
January 20, 1986
Page 2
he paced off the distance and has measured this time. It was determined
that the final carport placement, if a variance were granted, would
be approximately one foot from the side property line. Boyd commented
that, on examination of the property, he didn't think the house is
set back as far from the front property line as is shown on Greer's
plan. Boyd asked the required setback from street right-of-way and
Technician Jones explained that a recently passed ordinance allows
a carport to come within 10' of street r/w if it is not enclosed on
the sides and does not obstruct vision from the street.
Mills asked if measurements were taken from the wall or from the overhang.
It was determined that measurements were taken from the wall as there
are no overhangs to speak of.
Boyd expressed his reluctance to grant this request as the surrounding
neighborhood appears to be undergoing an upgrading and remodeling
and building the proposed type of carport would not add to the general
aesthetics. He said he was also hesitant to agree to waiving rules
that were passed so recently.
Allred said
he
shared
those feelings
but pointed
out
that
this house
is located
in
an area
of town that was designed
and
built
before the
• zoning ordinances were adopted which puts the homeowner in a position
where he cannot deal effectively with this type of problem. Allred
agreed that a four post carport would detract from the neighborhood.
He said he would not see a problem with the request if the carport
were built to blend in with the house.
Tompkins said he had not changed his opinion regarding the denial
of this petition even though he had examined the property again.
He said Mr. Greer could use the property to construct a new garage
either in the backyard or in the area in front of the front porch.
Greer said he would not consider building a structure in front in
the fashion suggested by Tompkins as it be unsightly. He also noted
that there was not room to place the structure in the rear yard without
tearing down the present garage at a great expense.
Becker pointed out that some variances seem to be necessitated by
a personal need rather than ordinance -based. He said the only guiidgelines
this Board has are ordinance based and he would vote against the appeal.
MOTION
Boyd moved denial of Greer's request. Seconded by Tompkins, the motion
to deny passed unanimously.
• Chairman Mills, on behalf of the Board, expressed regrets regarding
the announcement of Mrs. Jones' resignation and thanked her for her
many years of service and guidance. The meeting adjourned at 4:30.
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• RESOLUTION
A RESOLUTION EXPRESSING APPRECIATION TO NRS. BOBBIE JONES FOR
SIXTEEN YEARS OF SERVICE
Be it expressed that the Board of Adjustment wishes to extend its
deep appreciation to Bobbie Jones for her professional attitude, expert
counsel and assistance, and friendship so unselfishly given over the
past sixteen years,
PASSED AND APPROVED THIS ��� DAY OF 1986,
APPROVED:
ATTES:
40 BY:
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