HomeMy WebLinkAbout1986-12-15 MinutesMINUTES OF THE BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held on Monday,
December 15, 1986 at 3:45 P.M. in Room Ill of the City Administration
Building, 113 West Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Don Mills, Larry Tompkins, Gerald Boyd, Dennis
Becker, Jerry Allred and Dennis Moore
MEMBERS ABSENT: Bob Waldren
OTHERS PRESENT: John Storey, Roy Clinton, Ernie Penn
The
meeting
was
called to order and the minutes of
the December 1,
1986
meeting
were
considered.
MINUTES
The minutes were unanimously approved as distributed upon a motion
from Tompkins and a second by Becker.
APPEAL 86-24 - SETBACK VARIANCE
JOHN D. STOREY - 2965 INWOOD LANE
The only item of consideration was a request submitted by John Storey
to vary the front setback from the required 75' from the street ROW
to 56' from the street ROW. The property is zoned R-1, Low Density
Residential District,
Sandra Carlisle, Planning Director stated a building permit was issued
to Mr. Storey with a 25' building setback on the front. She said
the plat in the Planning Office showed a 25' building setback for
R-1 District. Later on Phil Bronson of Bronson Abstract called and
informed her there was a 75' building setback on the front of that
property which did not reflect on the Planning Office's plat. Carlisle
checked with the draftsman in Water & Sewer and was told that had
been platted prior to their coming to the City. Carlisle said she
went back through some old permits and there had been 3 other building
permits issued in the Glendale Addition which do not meet the required
75' building setback. She said she did not charge Mr. Storey because
she felt it was a City problem.
John Storey stated he had gone to the Planning Office and received
a building permit with what he thought were the required setbacks.
He said he noticed the covenant setbacks were not on the plat at the
time of issuance of the building permit. He said he went back to
a survey that he had done in 1978 and it did not show the 75' setback.
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Board of Adjustment
December 15, 1986
Page 2
Mr.
Storey
said in
order to
acquire
Title insurance they would need
to
have the
variance
granted.
In answer
to
a question
from
Allred, Carlisle
stated the City was
showing a
75'
setback not
just
the covenants.
Tompkins asked at what point did the City require 75' setbacks. Carlisle
stated there were 100' setbacks on the adjoining Subdivision. Tompkins
said in the R-1, the zoning district required 25' yard setbacks and
when did the City amend the ordinance to 75'. He said there was not
an ordinance amended to 75' and would have to agree with Allred.
Tompkins said what they were doing was enforcing the covenants and
that was something the Board of Adjustment could not enforce.
Carlisle stated since the final plat was file with the 75' setback
and in order to get Title insurance he needs something from this Board.
Tompkins stated this Board does not have that authority and can only
enforce the City regulations of 25%
Allred asked if a letter from this Board stating they did not have
the authority to waive the convenant setbacks would work and Carlisle
stated that would be fine.
Roy Clinton stated he owned that subdivision and the 75' was a setback
requirement from the covenants for the subdivision. He said he would
be happy to sign some type of letter for Mr. Storey.
Tompkins stated this Board would be setting a precedence if they write
a letter stating the Board could not be involved.
Carlisle asked if a copy of the verified minutes reflecting all of
the conversation satisfy Mr. Bronson.
Boyd stated this Board could deny or take no action on the request
because they could not see any violation of the required setbacks
for the City.
MOTION
Allred moved to table this request pending the outcome of Mr. Roy
Clintons letter and if required the Board of Adjustment would hold
a special meeting to here the request before the end of 1986.
Boyd said it seemed to him they should add to the motion the reason
they tabled this item. He said in this Boards opinion this was a
restrictive covenant that did not come under their jurisdiction to
waive.
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Board of Adjustment
December 15, 1986
Page 3
GO 1 4 W4 W
Allred moved to table the request with the resolution in the Board
of Adjustments opinion this was a restrictive covenant not subject
to variance by the Board of Adjustment, seconded by Boyd. The motion
passed 3-2-0. Boyd, Becker 6 Allred voting "yes" and Moore 6 Tompkings
voting "nay".
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