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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. •- IS3 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. IS� 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". • 1.• 15-�,