HomeMy WebLinkAbout1986-12-01 Minutes• MINUTES OF THE BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held on Monday,
December 1, 1986 at 3:45 P.M. in Room Ill of the City Administration
Building, 113 West Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Don Mills, Robert Waldren, Larry Tompkins, Gerald
Boyd, Dennis Becker and Jerry Allred
MEMBERS ABSENT: Dennis Moore
OTHERS PRESENT: Gordon Wilkins, Len Edens, Freeman Wood, Sandra
Carlisle and Tessi Franzmeier
The
meeting
was
called to order and the minutes of
the November 3,
1986
meeting
were
considered.
MINUTES
The minutes were unanimously approved as distributed upon a motion
by Tompkins and a second from Allred.
APPEAL 86-23 - SETBACK VARIANCE
GORDON WILKINS - 2422 GENTLE OAKS
• The first item of consideration was a request submitted by Gordon
Wilkins to vary the front setback from the required 25' to 24'6" on
the north and to vary the side setback from the required 8' to 3'll"
on the west. The property is zoned R-1, Low Density Residential District.
Gordon Wilkins said he had hired a crew that he had not used before
to build the house in question and they had just miss measured 10'.
He said the front of the house was about where it should be but the
back was 10' off.
In answer to a question from Waldren, Wilkins said the problem was
discovered while he was out of town and when he had returned Freeman
Wood had put a Stop Work Order on the property and that was when he
was aware of the problem. Mr. Wilkins said the next door neighbor
(Len Edens) had his lot surveyed.
Mills stated there was a survey of the neighbors property on the table
for review by the Board of Adjustment.
Mr. Wilkins said he had been building houses in Fayetteville for 33
years and no way would he had done this on purpose.
•
• Board of Adjustment
December 1, 1986
Page 2
Mills asked how did Mr. Wilkins supposed the contractor miss measured
10'.
Mr. Wilkins said Mr. Edens lot was 110' and the contractor measured
110' across the front and 100' across the back, drove in two stakes
and laid the house out by the stakes. Mr. Wilkins said it was pure
ignorance and was embarrased to be sitting at this meeting. He said
this was the first time he had ever been before the Board of Adjustment.
Tompkins asked what the process was for laying the lot out as a developer.
Mr. Wilkins said as a developer they tried to establish the lot lines
and drive a post at the front and year of the lots and stretch a twine
string and they also measure back from the center line of the street
to the property line in front and stretched string through to determine
the front setback.
Tompkins
asked when did
the City
come in and check the footings and
setback
requirements.
Mr. Wilkins said ordinarily they leave their strings up until the
• footing inspection. He said he did not know if it was necessary to
measure but by just common eye -balling they could determine if they
were within the building setbacks or not.
Boyd said the house sits askew on the lot and from the street it looked
like it was sitting at an angle.
Mr. Wilkins said there was a drainage easement on the east side which
was a real hamper in this situation. He said there was a 60' drainage
easement with an 8' creek running through and the water had never
gotten out of the creek bank. Wilkins said he intentionally put the
house to the west side for the simple fact that the only yard remaining
to enjoy was in the drainage easement. He said the house was 4-bedrooms
and 2 baths.
Tompkins asked
if Mr. Wilkins
had
talked
with the
neighbor about the
purchasing some
additional land
on
the west
side.
Mr. Wilkins said he had discussed it with Mr.Edens and his comment
was they would think about it and get back with him and so far Wilkins
had not.heard from Mr.Edens.
Mills asked how the construction got this far before it was caught.
Carlisle showed the site plan that was submitted with the building
• permit which the Planning Office had signed off on. She said according
to that plan all of the required setbacks were in compliance with
City Requirements.
PC
• Board of Adjustment
December 1, 1986
Page 3
In answer to a question from Tompkins, Carlisle said they could not
build on top of a utility easement but they could build next to it.
Carlisle said after the Planning Office signs off on the building
permit which the site plan was in accordance with the required setbacks
it was out of the Planning Office hands.
Mills asked if this should not have been caught after the Inspection
department checked the foundations.
Freeman Wood said there would be no way his inspectors could know
if those stakes were property line stakes or what. He said they checked
the 8' from where the builder said the property line was. Mr. Wood
said it would take a survey to check the setbacks properly.
Mills
asked if
the stakes and strings
indicated a meeting of the set-
backs.
Wilkins
replied "yes".
Carlisle said Mr. Edens had put up the string and had the property
surveyed. She said the stake that Mr. Wilkins was using was 10' over.
• Becker said it had to be a new crew because as Mr. Boyd said you could
stand in the road and see that the house was cockeyed.
Waldren said that the mortgage companies required surveys before the
house closes and if that was done up front there would not have been
this problem. He said now it was going to be a big expense to someone.
Mills said not only do
the
lending
institutions
require the survey
but the Title Insurance
also
requires
surveys.
Mr. Len Edens said he was the adjacent property owner and was also
a builder. He had been building homes for 10 years. He said there
were 2 issues; 1) was to control the builders and 2) was a violation
of the peoples rights who own the property. He said the City of Fayette-
ville makes ordinances to protect peoples rights. He said he was
not talking about the builder as far as he was concerned he was talking
about the peoples rights. He said the City said he as a property
owner had a right to not let anyone build closer than a certain distance.
Mr. Edens said if this variance was granted it would be a violation
of his rights and the person who buys the house. Mr. Edens said he
builds houses with a survey because they have to be surveyed anyway
and he would be afraid to build without a survey. Mr. Edens said
when his lot was surveyed there were 3 existing pins on his lot and
the only pin that was not there was the one Mr. Wilkins measured off
of. Mr. Edens said he assumed the City had made him certain guarantees
• . when he built on his lot. He felt the City should require surveys
from the builder or put up a bond and he was saying this as a builder.
1S-O
• Board of Adjustment
December 1, 1986
Page 4
Mr. Wilkins agreed to some extend with Mr. Edens. Wilkins said the
reason why there was a Board of Adjustment was to eliminate some of
the hardships imposed on people because mistakes had been made. Wilkins
felt he had a lot more hardship than Mr. Edens because there was 33'
between the two buildings.
Boyd said Mr. Wilkins was right about what the Board of Adjustments
job was but the trouble was they did not have many things they could
do. He said the choices were either to tear the house down or they
could recommend buying a strip of land from Mr. Edens.
The hearing was closed and the Board returned to discussion.
Allred abstained from discussion and the vote.
Becker said it was a mistake and they were not here to rectify mistakes
and the hardship was one that Mr. Wilkins builder put on him. He
said the contractor did not check on the rear lot line as most surveyors
do. Becker said they do not go to the first pin they go to the second
pin and string it out from the house that had already been layed out.
• Becker said as far as he was concerned he would be against the variance
because they were not here to correct mistakes and this was a straight
out mistake. He said the solution was either to rip the house back
or buy a piece of property.
Tompkins said he was interested on the impact of the neighbor particul-
arily for the reason of the side yard. Tompkins said he had a problem
with granting the variance.
Waldren agreed with everything said and thought the ordinances were
there not only to protect the City but the adjacent property owners
as well. He said he saw nothing to prevent the house from being put
on the lot correct and to meet all the required setbacks.
Boyd said he also agreed with not granting the variance as requested.
MOTION
Becker moved to deny the variance as requested, seconded by Tompkins.
The motion to deny passed 4-0-1, Tompkins, Boyd, Becker and Waldren
voting "nay" and Allred abstaining.
Following this appeal there was a discussion with the Board of Adjustment
and Freeman Wood on requirements for a survey at the time of the issuance
of a building permit.
0 APPROVAL OF THE 1987 BOARD OF ADJUSTMENT SCHKDULE
• Board of Adjustment
December 1. 1986
Page 5
The second item of consideration was the approval of the 1987 Board
of Adjustment Schedule.
MOTION
The 1987 Board of Adjustment Schedule was approved unanimously.
There being no further business the meeting adjourned at 4:50 P.M.
•
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