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HomeMy WebLinkAbout1987-01-19 Minutes• MINUTES OF THE BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held. on Monday, January 19, 1987 at 3:45 P.M. in Room III of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Don Mills, Larry Tompkins, Dennis Becker, Jerry Allred and Gerald Boyd MEMBERS ABSENT: Dennis Moore and Robert Waldren The meetin was called to order and the minutes of the December 15, 1986 meeting were considered. • IN MINUTES The minutes were approved as distributed with editorial corrections upon a motion by Tompkins and a second by Boyd. APPEAL 87-1 - SETBACK VARIANCE R.J. KITCHENS - 2421 ROBIN RD. The only item of consideration was a request submitted by R.J. Kitchens to vary the front and side setbacks to the requested 24'4" on the southwest side, 20'4" on the northwest side and 20' on the north from the required 25' to the north and 25' to the west. The property is zoned R-1, Low Density Residential District. Mr. Kitchens apologized to the Board and stated this should not of happened. He said they made a mistake by trying to protect a big Hickory tree in the rear yard. Mr. Kitchens said he was more concerned with the rear setback than he was with the front because of the tree. Mr. Kitchens stated he would support an ordinance requiring all builders to have a survey in hand before a permit was issued. He said if he had a survey this would not of happened. Mr. Kitchens noted when an inspector comes out to inspect the footings they should also check the setbacks and if they did not then their job was half complete. Tompkins asked approximately what was the square footage of the house and Mr. Kitchens replied approximately 2700 square feet. Tompkins then said the gross lot area was approximately 15,800 and in a R-1 District the building area cannot exceed 40% of the total gross area of the lot. Tompkins said he felt the house was tremendously over- built but was wrong and Mr. Kitchens was okay. Becker asked if Mr. Kitchens did his own building and Mr. Kitchens replied he hired contractors, but he was also on the job at all times. Board of Adjustment January 19, 1987 Page 2 Becker asked the name of the contractor responsible for the encroachment. Mr. Kitchens replied the contractor was out of Westfork and his name was Don Franklin, who had done a lot of work for Mr. Kitchens. Mr. Kitchens stated he thought about moving into the house and he wanted a garden spot and with that in mind he tried to save as much of the property along the creek as he could, but his number one problem was trying to save the big Hickory tree in the back yard. Mr. Kitchens stated the 30 degree radius on the curve through him and that he never dealt with that before. In answer to a question from Allred, Becker replied it really was not too difficult to establish the point on a radius. Becker asked what happened to the pins and Mr. Kitchens said when Mr. Sweetser did the backfill around the curb they had covered up all the pins. Mr. Kitchens said they found one pin in the cul-de-sac on Robin Court in the center of the cul-de-sac and that was the point his surveyors took. • Mr. Kitchens said one of the pins on the northeast corner was under the bridge. He said there was an easement along the creek and Tompkins asked if the easement was all on Mr. Kitchens property and Mr. Kitchens replied "yes". Mills asked if the creek was on Mr. Kitchens property or on the property up the hill. Mr. Kitchens said the creek was divided to the new Township bridge. The public hearing was closed and discussion returned to Board members. Boyd stated he could sympathise with Mr. Kitchens but did not see where they had the authority to grant the variance. Becker stated he agreed with Boyd and that the Board had a rash of this type of appeal. Becker said if the Board forgave one then they would have to forgive them all and quit meeting. Becker stated he would have to go along with a denial of the variance. Mr. Kitchens asked if he would be correct in saying that Jim Lindsey had received a variance on his. Mills stated after each case was done this Board does not compare situations or go back to talk about prior appeals. Mr. Kitchens asked the Board if they felt it was a little late to • come and measure a guys house after it was built and not before. Mills stated that was out of this Boards jurisdiction. Mr. Kitchens ■I • Board of Adjustment January 19, 1987 Page 3 then asked if the Board was proposing for him to tear the end and front off his home to take care of the situation or just burn it down. Mills stated at this point a motion had not been made nor voted on. Boyd asked Mr. Kitchens if he read the conditions under which the Board of Adjustment could grant variances. Boyd read; a variance from the terms of this ordinance shall not be granted by the Board of Adjust- ment unless and until a written application for variance is submitted demonstrating: (a) special conditions and circumstances exists which are peculiar to the land, structure of building involved and which are not applicable to 'other lands, structures or buildings in the same district; (b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordin- ance; (c) That the special conditions and circumstances do not result from the actions of the applicant; Boyd said in some cases there had been 3 owners before an encroachment had been discovered and the Board had given weight to that circumstance because the person asking for the variance was completely innocent. He said under the basis of • what he just read, how could this Board grant the variance without violating the law. Mr. Kitchens said the 5' he was asking for was the public ROW which could be used by him or someone else. Tompkins stated the ROW was owned by the community and was public. Tompkins asked if Mr. Kitchens was asking this Board to grant him 5' out of the public ROW to give Mr. Kitchens the privilege of maintaining that 5' encroachment. Tompkins said this Board could not grant someone the right to use public space. Mr. Kitchens said the inspectors told him the reason why they did not check the setbacks was because there was not a survey. Mr. Kitchens said he was just as guilty as every other builder in town with the exception of Jim Lindsey and Gordon Wilkins who require surveys on all their building. Mr. Kitchens said he would never dig another without a survey. Tompkins stated he could not see a hardship, not the way this Board looks at harships. He said he would be hard put to approve a violation of the zoning ordinance. NOTION i Becker moved to deny the variance as requested, seconded by Tompkins. • The motion passed 3-0-1, Becker, Tompkins and Boyd voting "no" and Allred abstained. n 7 • Board of Adjustment January 19, 1987 Page 4 Mr. Kitchens asked if his only alternative was to tear the house down and Mills replied he would have to speak with Sandra Carlisle and Freeman Wood about his alternatives. G10:1A: I: -113J ,4X1 Allred had asked Sandra Carlisle at the last Board of Adjustment meeting for a clarification from the City Attorney as to when the inspection department passed an inspection for footing's did that in fact pass the setback requirements. Allred said he felt the direct question did not get across to the City Attorney because the Board of Adjustment asked for clarification on another situation (fraternity house on Arkansas Ave) and they received the same case recited as the precedent. He said none of the cases had ever been concerned with that precedent. Allred said his concern was if they deny the setback variance they need to be sure if and when it went to court that the City could win. He felt the Board would suffer greater damage if some of these denials did go to court and were thrown out. • Mills stated she believed the City's responsibility did not include the setbacks. Allred said the Board had never had a legal opinion on whether the setbacks were or were not enforcable, which refers back to the surveys. Mills asked if the Board would like to request another letter from the City Attorney as to what this Board was looking for. Boyd asked if the inspector was required to inspect locations and Carlisle replied "no". Boyd then said he would like to see in writing what the inspectors were supposed to do as far as inspections. Becker said the letter was misleading because there was no such thing as supervision from the City to builders. 1. Who's responsible for determining if the setback requirement was met. 2. What inspectors are responsible for in respect to location (in writing). 3. Where does it say what inspectors check. Mills asked again if this Board wanted another clarification from • the City Attorney and Boyd replied not until they could find out what the City was required to do. • Board of Adjustment January 19, 1987 Page 5 A report would be given by Tompkins at the next meeting. Carlisle stated she would mail all Board members a copy of the Tankersley case. Allred stated they as a Board would be more knowlegable once they have found out all the facts. Tompkins said he wanted to see what the inspection process was. Boyd stated they did not want the City to be required to check the setbacks. Carlisle stated what the Board wanted was a flow chart of the process of the Inspection Department. LETTER TO THE BOARD OF DIRECTORS RECOMMENDING REQUIRED SURVEYS FOR BUILDERS Mills stated there had been a number of cases come before the Board of Adjustment sence Title Insurance had come into being, rather than selling with an abstract. She said, at that point, the Title Insurance would find that in some cases the homes were not in compliance with • the setback requirement. She said the Board of Adjustment had Sandra Carlisle write a letter from this Board to the Board of Directors stating that because of Title Insurance and problems in the past they would like to recommend that the builders have a survey in hand before construction starts. Now the Board of Adjustment understood the letter had been way -laid by Sandra Carlisle's Department Head and the members of the Board of Adjustment felt that was most inappropriate on Deryl Burch's part that their communication to the Board of Directors should go strait to them. Mills asked Mr. Grimes if it was policy for a Department Head to interfer with their communication. Mr. Grimes stated some of the background on this particular matter and said Deryl Birch and Freeman Wood had been discussing this particular problem. Mr. Grimes stated he did not want his staff responsible for verifying that a builder was going to build a home the way he said it would be built. Mr. Grimes wanted the builder to submit a signed plat showing exactly where the home would be built. He said he did not want the responsibility for the City to go out and make the measurements in the field because there are some builders who jack the pins around as soon as the inspector was out of sight. Mr. Grimes felt Deryl Burch had delayed the letter because he wanted to be able to send a recommendation along with the letter from the Board of Adjustment to the Board of Directors. Allred asked would it not had been appropriate for Mr. Burch to send . a letter to this Board explaining why he was holding the letter up and that it would have been in the best interest of everyone and Mr. Grimes replied "yes". S • Board of Adjustment January 19, 1987 Page 6 Becker stated if Mr. Birch felt like sitting on their letter then maybe he should attend the Board of Adjustment meetings. He said if there was another guy interfering between this Board and the Board of Directors then he should be present. Mr. Grimes stated he would notify all department heads to send a note of some sort if communication to the Board of Directors from another Board was going to be held up for some reason or another. Tompkins stated Sandra Carlisle did not take it upon herself to write the letter and that the Board of Adjustment was responsible. There being no further business the meeting adjourned at 5:20 P.M. r 1 U • R STIRJECT DATE 11 R.J. Kitchens - 2421 Robin Rd. (Appeal 87-1) setback variance 01-19-87 >> Letter Recommending required surveys for builders 01-19-87 ;77 Andrew Bradt - 517 Rebecca (Appeal 87-2) setback variance 02-02-87 10 Stephen L. Davis - 756 N. Washington (Appeal 87-3) setback variance 03-02-87 15 Mike Walker - 3186 Katherine (Appeal 87-5) setback variance 04-06-87 17 Greg House Lots 1 & 2, Block 8, Mountain view addition 06-20-87 25 Arlis Wages - 1039 E. Huntsville Rd. (Appeal 87-4) Bulk/area setbacks 05-04-87 28 Daniel Koopman - 2140 Jonquil Rd. (Appeal 87-7) setback variance 05-04-87 31 Appeal 87-8, setback variance, immanuel baptist chirch 201 S. Duncan 05-18-87 35 Appeal 67-7, setback variance, daniel koopman, 2140 Jonquil Road 06-01-87 40 Appeal 87-9, setback variance, jim lindsey, 1828 cambridge 06-01-87 41 Appeal 87-10, setback variance, packaging specialties, 1663 Armstrong 06-15-87 43 Appeal 87-12, appeal to the zoning adminstrators decision, Harold Jones 07-06-87 47 Appeal 87-13, setback variance, logan and daphna chandle 2501 Countryway 07-06-87 49 Appeal 87-14, setback variance, Masood Khan, Mosque 08-03-87 55 Appeal 87-15, variance in setback, jim lindsey, paradise valley 08-17-87 58 Appeal 87-16, variance in setbacks, raymond jones, Fariland Addition 09-21-87 60 Appeal 87-17, vairance in setback, jacob & carol Phillips 1114 Valley view 09-21-87 61 Appeal 87-19, setback variance, bulk and area, elton duncan 2400 salem rd. 09-21-87 63 Appeal 87-20, setback variance, james & Peggy Bell 1534 Terry 09-21-87 64 Appeal 87-21, wanda blevins, 16 S. West 09-21-87 64 Appeal 87-22, Bulk and Area, John & Martha Taylor 09-21-87 67 Appeal 87-17, setback variance,jacob & Carol Phillips, 1114 Valley View 09-21-87 69 Appeal 87-23, setback variance, ken edwards 1138 N. Vandeventer 10-05-87 70 Appeal 87-21, setback variance, wanda blevins, 16 S. West 10-05-87 %73 Appeal 87-24, setback Variance, City Hospital - 221 S. School 11-2-87 76 Appeal 87-25, appealing zoning administrators decision, gregg house 11-2-87 /j8 Appeal 87-26, variance in setback, Delno & Carol Allie 2071 Austin Dr. 12-7-87 8o Appeal 87-27, variance in the setback, William Bassett-N of Rock/W of Wash.1-4-88 82 Appeal 87-28, variance in setback, Dayton Steelman, 329 Oakwood 1-18-88 85 Appeal 87-28, variance in setback, Dayton Steelman, 3290 Oakwood 01-18-88 88 Appeal 88-1. variance in setback, Bryan McBryde, Mock & Lafayette 02-15-88 91 Appeal No. 88-2, variance in setback, Gilford Heckathorn, Lot 11, Parkers03-21-88 Plat of Valley View 94 Appeal No. 88-4 Variance in the Setbacks Herbert A. Lewis, Jr., 327 N. 06-06-88 Washington 98 Appeal 88-5, Varience in the setback requirement, Alfred E. Einert, 908 N Vandeventer 101 Appeal 88-61 Setback Varience, 103 Appeal 88-71 16 S West Avenue, 104 Appeal 88-8, Setback varience, 107 Appeal 88-71 16 S West Avenue, 108 Appeal 88-81 Setback Varience, 110 Appeal 88-91 Setback Varience, Koeppe. 112 120 •�1 �c. �Z�'I�II is Graham Shannon, Jr., 868 E Skyline Dr. 08-01-88 Wanda Belvins - Setback Varience 09-19-88 Dr. Larry.& Deborah Tuttle, 4 Ranch Dr. 09-19-88 Wanda Belvins, Setback Varience 10-03-88 Dr. Larry & Deborah Tuttle, 4 Ranch Dr. 10-03-88 305 N. Washington, Roger E. & Jessie S. Appeal 88-10, Variance of Bulk & Area Requirements, 1609 Carolyn Dr. Rita J. Dillard Appeal 88-12, 'Setback-Varience, Joe & MaryyrAnn Henrickson, 234 Oklahoma Way Appeal 88-11, Setback Varience, Kelly Hill, 2396 N College 10-17-88 12-05-88 12-19-88 12-19-88 PAGE SUBJECT DATE 125 BA89-2, Wade Bishop, 1537 Thornhill 2-20-89 128 BA89-1, First Assembly of God, 550 E. 15th 2-20-89 BA89-2, Wade Bishop, 1537 Thornhill 4-3-89 V32 37 BA89-2 Rehearing, 1537 Thornhill 4-17-89 145 BA89-4, Karl Thiel $ John Lewis 7-3-89 ISO BA89-6, Packaging Specialties, 1663 Armstrong 8-7-89 159 BA89-8, Don Ward, 20150 Huntsville Rd. 11-6-89 161 BA89-9, Dave Letsch, 313 IV. Dickson 11-6-89 16S BA89-99 Scott Lunsford, 513 N..Washington 12-18-89 171 BA90-1, John Watkins, 669 Cliffside Dr. 1-15-90 175 BA90-2, ERC Properties, 4052 Cambray Dr. 1-15-90 179 BA90-2, ERC Properties, 4053 Cambray Dr. 2-5-90 182 BA90-3, Leslie Goodman, 2-19-90 183 Discussion of 2010 2-19-90 187 BA90-4, Clyde Iglinsky, 931 Shrewsbury 3-5-90 188 ERC Violation Discussion 3-5-90 190 Discussion of 2010 3-5-90 194 BA90-6, Mildred Gracian, 221 E. Lafayette 4-2-90 197 BA90-8, Jeff Roberts, 2000 N. Crossover 5-7-90 198 BA90-9, George Faucette, 3208 Wroxton 5-7-90 201 BA90-7. Kern Jackson, 235 Baxter Lri. 5-21-90 206 BA90-7, Kern Jackson, 235 Baxter'Lh. 6-4-90 208 BA90-10, Floyd Barris 6-4-90 211 BA90-11 Through BA90-14, BMP Development, Fiesta Park Ph. 1 6-18-90 215 BA90-15, Patricia O'Leary, 352 Rollston 7-16-90 219 BA90-12- DENNIS CAUDLE - 4559 WEDINGTON 8-20-90 212 BA90-18- GEORGR'S MAGESTIC LOUNGE - 519 WEST DICKSON ST. 10-1-90 BA90-20- DAVID KERWIN - 1000 SOUTH COLLEGE AVE. 10-15-90 �24 27 BA90-21- Katherine Gay - 324 Sutton ST. 11-19-90 228 BA90-22 -JOE PAUL -668 GRAY AVE. 11-19-90 230 BA90-23- DENNIS HARPER - 1645 SOUTH SCHOOL AVE. 11-19-90 233 BA90-25- DAVE 8 JUDY STEVENS - S OF CATO SPS, W OF 71 BYPASS 12-3-90 238 BA90-26- RICHARD PAKMER - 818 POLLARD AVE. 1-7-91 241 BA90-27- GEORGE FAUCETTE - W OF GREGG AVE, S OF DOUGLAS ST. 1-7-91 242 INFORMAL PRESENTATION BY RICHARD SHEWMAKER ABOUTPOLK BUILLDING 1-7-91. ON DICKSON ST. DATE APPLICANT NATURE OF VARIANCE 01-19-87 R.J. Kitchens 02-02-87 Andrew Bradt 03-02-87 Stephen L. Davis 04-06-87 Mike Walker 04-20-87 Greg House 05-04-87 Arlis Wages 05-04-87 Daniel Koopman 05-18-87 Immanuel Baptist 06-01-87 Daniel Koopman 06-01-87 Jim Lindsey 06-15-87 Pkging Specialties 06-15-87 Gary Thompson 07-06-87 Ronnie Teague 07-06-87 Logan Chandler 08-03-87 Haynes & Assoc. 08-17-87 Lindsey Const. 09-21-87 Raymond O.W. Jones 09-21-87 Jacob Phillips 09-21-87 Elton Duncan 09-21-87 James & Peggy Bell 09-21-87 Wanda Blevins 09-21-87 J.B. Taylor 10-05-87 Kenneth L. Edwards 10-05-87 Wanda Blevins 11-02-87 City Hospital 11-02-87 Greg House 12-07-87 Delno Allie 01-04-88 William Bassett C1-04-88 Dayton Steelman 01-18-88 Dayton Steelman C2-15-88 C. Bryan McBr-/de 03-21-88 Gilford Heckathorn 06-06-88 H. A. Lewis 06-20-88 Alfred E. Einert front & side setbacks setback rear setback side setback appeal of Planning Admin- istrator's Interpretation bulk/area requiresments & setbacks rear setback front setback rear setback setback setback appeal of Zoning Admin- istrator's decision setbacks setbacks setbacks setbacks setbacks bulk/area Requirements & setbacks setbacks setbacks bulk/area requirements & parking requirements setbacks setbacks setbacks appeal of Zoning Admin- istrator's decision setbacks setbacks setbacks 2 setbacks setbacks setbacks setbacks setbacks APPEAL TO COURT Denied 3-0-1 Denied 4-0-1 Approved 3-2-0 Approved 4-1-0 Denied 4-1-0 Approved 4-0-0 Tabled 4-0-0 Denied 4-0-0 Denied 3-1-0 *Prop. Own. Ass. Approved 5-1-0 *Prop. Own. Ass. Denied 5-0-0 Approved 5-0-0 Approved 4-1-0 Denied 2-3-0 Approved 3-1-0 Denied 4-0-0 Denied 4-0-0 Denied 4-0-0 Tabled 4-0-0 Approved 3-1-0 to Plan. Comm. Approved 3-0-0 Denied 1-2-0 Approved 3-2-0 Denied 4-1-0 Approved 5-0-0 Approved 4-U-0 Tabled 1 Approved/l Denied 3-1-0 Denied 4-0-1 Denied 4-0-0 Denied 2-3-0 Non -conforming/ variance not necessary Not enforceable by City, the Bd of Adj. suggested Property Owner's Ass. PEN A1 I:ikto Mills ITompkins IWaldren 'BeckerlBoyd jAllred IMoore Jan.19 X X -0-* X X X -0- Feb. 2 X X -0-* X X X X Mar. 2 X X -0-* X X X X Apr. 6 X X -0- X X X X Apr. 20 X X X X X X X May 4 X -0- X X X X -0- May 18 -0- X -0- X X X X June 1 X X X -0- X X -0- June 15 X X X X X X X July 7 X X -0- X X X -0- Aug. 3 X X X X X X -0- Aug. 17 X X -0- X X X -0- Sept. 21 X X -0- X X X -0-** Oct. 5 X X -0-* X -0- X Nov. 2 X X X X X X Nov. 16 Dec. 7 Dec. 21 *Excused absence attending special lejislature ** Removed from the board due to lacklof attendance TO: Mayor William Martin FROM: Don Mills, Chairman,) I Board of Adjustment SUBJECT: Joint Meeting Request DATE: August 21, 1989 The City of Fayetteville Board of Adjustment (BOA) serves the community as a discretionary administrative body investigating and ruling on variance permits relating to the zoning ordinance. When real restate is transferred it has become increasingly difficult to enforce • and place responsibility for various construction errors::relatingr;to..building. site placement particularly involving yard set -back requirements. Awareness of the seriousness of this environmental and quality of life problem has been and continues to be brought to the BOA's attention by the real estate financing process which requires a site survey for all transactions. Because some builders appear to have difficulty adhering to present zoning requirements.and general development standards, the BOA wishes to meet with the City Board of Directors to discuss procedures relating to this problem. OM/ec 11 BOARD OF ADJUSTMENT • FAYETTEVILLE, ARKANSAS Rules of Procedure and Regulations 1. Purpose. It is the purpose of these rules to set forth the procedure to be followed at all Board of Adjustment meetings, including both the public hearings and the deliberative sessions of the Board and to regulate enforcement of conditional variances. These rules do not govern the pro- cedure to be followed by applicants for variances prior to Board meetings or in appealing from decisions of the Board. Rules governing pre- and post -Board meeting procedure are set forth in Article 10 of Appendix A to the Fayetteville Code of Ordinances, as amended, hereafter referred to as "the Zoning Appendix". 2. Time of Meetings. The Board shall meet at a regular interval to be . • established by the Chairman after consultation with the members uf the Board. In addition, the Board may meet on call of the Chairman, or Temporary Chairman when the Chairman is absent from the City. 3. Place of Meetings. Unless otherwise specified by the Chairman, and unless notice of a different meeting place is duly given with the notice of the time of meeting, as provided in Section 2 of Article 10 of the Zoning Appendix, Board meetings shall be held at the..Faystteville City Administration Building. 4. Records`..of Meetings. it is primarily the responsibility of the Board to keep adequate records of, its proceedings and actions. Although the Board's minutes may be taken dnd filgd by a member of the staff of the City Planning Office, the minutes of Bach meeting shall be reviewed by the Board and sha-ll,*become', the official, public record of the Board's proceedings and actibns��iuhen approved' by a majority c the members of the Board present at a regular meeting: i '( . 1. L • 5. Quorum. As provided in Article 10 of the Zoairg Appendix, a jpajoiity (4) of - 44 the membership of the Board (7) constitutes a quorum, and no action"'Ishall be Page 2 taken by the Board, favoring the applicant or appellant on either a request for zoning variance or an appeal of a decision of the Planning Administrator, • unless a quorum is present and unless a majority of the members present votes in favor of applicant or appellant. An abstention shall not be construed as a vote. In the event of failure of a quorum at any called or regularly scheduled meeting, applications and appeals, to have been heard at that meeting, will be heard at the next Board meeting. 6.. Election and Duties of Chairman and Temporary Chairman. A Chairman shall be elected each year for a one (1) year term at the first regularly scheduled meeting of the Board after July 1. At the last called or regularly scheduled meeting of the Board during the term of office of the Chairman, nominees for the Chairmanship shall be placed in nomination and elected by a majority vote of those members present at the next subsequent regular meeting of the Board. To be eligible for election as Chairman, one must be a member of the Board with • at least one year remaining in one's membership term. It shall be the duty of the Chairman to conduct all meetings of the Board, to assure that adequate records of the proceedings and actions of the Board are kept and to represent the Board as may be appropriate in its external affairs. In the absence of the Chairman, from a meeting of the Board, or from the City at a time when a Board meeting may be scheduled or become necessary, the most senior member present shall become Temporary Chairman and sahll call and/or conduct the meeting during the absence of the Chairman. Should the office of Chairman become vacant due to reasons other than normal termination of the Chairman's term of office, an election shall be held at the first Board meeting after the vacancy occurs. 7. Conduct of Meetings. Each meeting of the Board at which applications for - variances or appeals of decisions of the Planning Administrator are heard • shall be divided into (1) a public hearing portion, and (2) a deliberation and decision portion. Any member who intends to abstain when the vote is Page 3 taken shall make this fact known when the Chairman announces the public hearing on a request and shall not participate in any aspect related to that request. During the public hearing portion, the applicant or appelant or his or her representative shall be given an opportunity to explain the written application or appeal previously filed, and any other person present at the meeting shall be allowed to comment for a reasonable period of time. Any member of the Board may question any person who has spoken during the public hearing. Applications and appeals shall be called for hearing in the order presented on the Board's agenda published by the Planning Administrator. After the public hearing has been held regarding all applications or appeals to be presented at the meeting, the public hearing portion of the meeting will' -be terminated, and the deliberation and decision portion will begin. The Board will deliberate and decide upon the applications and appeals in the order they were heard in the public hearing. The Chairman may permit variations in the order of presentation, and may permit deliberation and decision of a particular • application or appeal by the Board prior to public hearing of other applications or appeals, in the event the Chairman deems it expedient or otherwise justified. Both the public hearing and the deliberation and decision portions"shall be open to any person, and although comments from the applicant or appellant and others, not members of the Board, who may be present will generally not be permitted during the deliberation and decision portion, the Chairman may make discretionary exceptions to this rule. 8. Applicant or Representative to be Present. No application for variances shall be voted upon by the Board unless the person who owns the property to which the request pertains is present, or unless the Board is satisfied that a representative of the owner, having the authority to commit the owner to com- pliance with any conditions which may be imposed concurrent with granting a 0 variance, is present. Page 4. 9. Actions which may be Taken. The Board may grant the variance or appeal. I• The Board may deny the variance or appeal. The Board may grant a variance which is different from that requested, as long as it is a "lesser" variance, in the sense that the Board perceives it would be more consistent with the provisions of the Zoning Appendix and/or less affective of the surround- ing property than the variance requested. By majority vote, the Board may delay public hearing and/or deliberation and decision of any application or appeal until the next regularly scheduled meeting of the Board. Any further delay must also be by a majority vote of the Board and must be based upon the request of the appellant or applicant, either in writing or by oral statement before the Board. In no case will decision of an appeal or application be delayed beyond the second regular meeting after the original meeting at which the appeal or application was considered. 10. Rehearing. The Board may permit rehearing of any application or appeal upon • majority vote of those members present at a meeting, and under such conditions, including renotification of interested parties as the Board may require. 11. Enforcement. The Planning Administrator will notify City construction inspec- tors of any conditions required by the Board to be met by one who has been issued a building permit allowing construction upon property as to which a variance has been granted. City inspectors will, in turn, report any failure to comply with such conditions, and no occupancy permit will be issued until the conditions have been met. 12. Amendment. The Rules of Procedure and Regulations of the Board of Adjustment, Fayetteville, Arkansas, may be amended only after the members of the Board have been notified in writing and by a 2/3 majority vote of the Board members. 13. Parliamentary Procedure. Roberts Rules of Order will be followed for • parliamentary procedures. Page S. E 14. Attendance. Roll will be kept by the Planning Administrator. If a Board member misses three consecutive meetings, such member may be considered for removal from the Board. Such failures to attend will be considered on a case by case basis and the Nominating Committee of the Board of Directors will be promptly informed of any vacancy by notification to the City Clerk. 11 Amended: September 20, 1982 • These rules adopted by the Fayetteville Board of Adjustment on this 1st day of January, 1976. Mrs. Don Mills, Chairman 0 TO: Jim McCord, City Attorney FROM: Bobbie Jones, Planning Administrator DATE: October 26, 1982 SUBJECT: Length of time after a variance is granted before a building permit must'be obtained. At a recent Board of Adjustment meeting, the question arose of how soon after a variance was granted did a building permit have to be obtained. The present City code does not say. I do remember that the previous Zoning ordiance stated that a building permit had to be obtained within 30 days or the variance became null. Is there anything in the State Statutes governing this? Should Appendix A be amended to require that the building permit be obtained within a certain period of time? How does this'affect the fact that a variance goes with the land? • If I have already given you a note on this, please disregard one of the notes. Thank you. • 316.1 David Lashley of the Parks and Recreation Advisory Committee stated ® that he would like for the Board to make a definite decision on how the engineer would be contracted with, at what time, and other items of this nature. 316.2 Director Noland stated that he thought it had been the consensus of the Board that the swimming pool committee had gone through the same selection process as the City's professional contract policy required. 316.3 Ms. Melton explained that this was only through the HCRS grant, and that anything over and above that had not been decided. .316.4 Mr. Lashley asked the Board to appoint one of its members to serve on the Parks and Recreation Advisory Board. Mayor Todd stated that the Board would give this some thoughtand report back to them. NOMINATIONS' 316.5 Director Henry gave a report from the Board Nominating Committee regarding appoi.ntments to the Board of Adjustment and the Civil Service Commission. 316.6 Director -Henry, seconded by Osborne, moved that the following appointments be made: 316.7. .. -Board of Ad'ustment:for the unexpired term of Larry R. Smith, ending April 1985:the appointment of Dennis Becker. 316.8 Civil Service Comnission:for the unexpired term of Frank Prassel, ending April 1, 1982:the appointment of Howard Brill. Upon roll call the motion passed unanimously. BID AWARD/BICYCLE ROUTE SIGNS 316.9 Purchasing Agent Mackey had recommended award of this bid to the low bidder. 06.10 Assistant City Manager McWethy explained that the bid is for a firm six month contract period; and that the subsequent purchase orders issued under this contract might cause the total purchase amount to exceed the $2,500.00 budgeted. A copy of the bid tabulation is in the Director's agenda. 316.11 . Director Todd, seconded by Osborne, moved that the bid be awarded as recommended. Upon roll call the motion passed unanimously. UTILITY SETTLEMENT 316.12 Mayor Todd introduced a resolution authorizing the settlement of utility relocation costs for Southwestern Bell, in connection with the North Street and Garland Avenue street widening project. 316.13 Mr. Grimes stated that he and the Finance Director had studied this very thoroughly and they were convinced that the City does owe this $67,506.67. 316.14 Director Henry, seconded by Sharp, moved that this resolution be approved. 316.15 Upon roll call the motion passed unanimously. RESOLUTION NO. APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK OTHER BUSINESS 316.16 SALVATION ARMY PROPERTY Administrative Assistant McWethy stated that Community Development would like authorization to have the Salvation Army property on Rock Street appraised for possible acquisition. Director Osborne, seconded by Todd, moved that authorization be given. 6.17 Upon roll call the motion passed by a 5-1 vote, with Director Sharp voting in the minority. FAYETTEVILLE, M&rz AS P. O. DRAWER F MID1 15011 M-770D RECEIVED M E M 0 ---- ;p� i1981 T0: Jim McCord, City Attorney epYETTEVI" ARMMLAe FROM: Bobbie Jones, Planning Administrator DATE: April 29, 1981 I would like a clarification of a statement you once made to me that a variance granted by the Board of Adjustment "goes with the land". In 1972, the Board of Adjustment voted to grant a setback of 50 ft. from the North property line on a parcel. Twenty feet of this was required for the Major Street Plan setback. I am not sure the existing structure fully meets these setbacks. I now have a current application to add onto that structure with a setback . of 3716" shown. This addition was not shown on the plans when the original variance was granted and there is nothing in the file to indicate it was contemplated. If a variance does go with the land, to what degree can it be applied to structural additions? Or, to reconstruction when the structure for which the original variance was granted is removed? I personally feel that an addition which does not meet the setbacks should have a new variance unless it was a part of the original variance request. You and I briefly discussed this yesterday, but I would like an opinion I can use for future reference. Bobbie Jones �U �✓-r,�r,�r�r�C ��i/ C-] FAYETT 71T mim, ARKANSAS OFFICE OF CITY ATTORNEY POSTAL DRAWER F 72701 February 1, 1977 Mrs. Bobbie Jones Planning Administrator City Administration Building Fayetteville, Arkansas 72701 (501) 521.7700 Y:i:�IVEi1 €- ? 19P .eI%A VI 011Y PL,%NNINO i-44cTT:. .....1 ,%.. Re: Rehearings On and New Applications For Conditional Use Permits Dear Mrs. Jones: It is my understanding from your memorandum to me dated January 25, 1977 that the Planning Commission would like an opinion from this officemon the difference between a request for a rehearing on a conditional use application which has been denied and a new application for the same conditional use. • A rehearing is a second consideration of a matter for the sole purpose of calling attention to an error, omission, or oversight in the first consideration: Black's Law Dictionary, p. 1452 (3rd. On the other hand, a new or successive application for Itaie-same relief is brought for the purpose of calling attention .'to"changed conditions or new circumstances; and a zoning board is not required to hear a second application precisely the same as a prior one which has been disposed of by the board unless changed conditions or circumstances are shown. McQuillin, Municipal Corporations, Sec. 25.275 (3rd. ed. 1976). Although a zoning board may entertain new or successive appli- cations for the same relief, based upon changed conditions or new circumstances, it is a general rule that after an application has been decisively acted upon by a zoning board, no new application touching the same subject matter may be presented to the Board within a designated time, or within a reasonable time. McQuillin, supra Sec. 25.274. while the Fayetteville zoning ordinance prohibits the Planning Commission from considering a new application for a zoning amendment within twelve (12) months from the date of final disapproval of the proposed amendment unless there is evidence submitted to.the Commission which justifies reconsider- ation, the ordinance does not contain a similar prohibition applicable to conditional use permit applications. The Planning • Commission and Board of Directors might want to consider amending the ordinance to include such a prohibition. A zoning board has the power to adopt reasonable rules for granting rehearings. McQuillin, supra Sec. 25.274. Article III, Section 1 of the Fayetteville Planning Commission By -Laws requires the unanimous consent of all members present at a meeting before a matter upon which final action has previously been taken may be reopened for further consideration or action. Although rehearings should not be lightly granted, I question whether a unanimous consent requirement is a reasonable rule to be used as the sole basis for determining when a rehearing should be granted. The Planning Commission might want.to consider amending Article III, Section 1 of the Commission By -Laws to authorize rehearings in those instances where a factual error, omission, or oversight is asserted and a stated number of the members of the full Commission vote to grant the rehearing. Sincerely, CITY ATTORNEY �J ames IN McCord JNM/mr�' UI' CA if PL-ANINU • 0 FAYETTEVILLE, ARKA7�i'SAS OFFICE OF CITY ATTORNEY POSTAL DRAWER F June 24, 1976 Mrs. Bobbie Jones Planning Administrator City Administration Building Fayetteville, Arkansas 72701 Re: Temporary Variances Dear Mrs. Jones: 72701 (501) 521.7700 Shortly before the Board of Adjustment meeting on Friday, May 281 1976, Chairman Yates telephoned this office and raised the question as to whether the Board of Adjustment had the authority to grant a temporary variance. At that time, I advised Mr. Yates that I had not researched the issue, but was of the opinion the Board did not have such authority. I have since had the oppor- tunity to research the issue. I find no Arkansas case or Supreme Court cases in point. It appears, however, that courts in other jurisdictions have upheld variances conditioned to expire within a certain time. Anderson states that the courts have approved variances con- ditioned to expire in two years, five years, ten years, fifteen years, and twenty years. Anderson,American Law of Zoning and Planning, Sec. 14.63 (1968). On the issue of extending temporary variances, Anderson cites two cases for the proposition that where the evidence shows that the circumstances which warranted the granting of a tem- porary variance have not charged, it is an abuse of discretion of a board of adjustment to refuse to renew the variance. On the other hand, Anderson states the rule to be that a temporary variance may not be renewed without a new hearing where the time limitation has expired and that an extension must be supported by findings such as would be required if the variance were being granted for the first time. Anderson, supra, Sec. 14.64. Sincerely, CITY ATTORNEY IV=,7 • + es N. McCord �,H c uh CAY PLM1:"3iINr; JNM/mr C April 24, 1978 Mrs. Bobbie Jones Planning Administrator City Administration Building Fayegteville, AR 72701 Re: Street frontage requirement of zoning ordinance Dear Mrs. Jones: Mr. Carl Yates, Chairman of the Fayetteville Board of Adjustment, has requested this office to relate to the Planning Commissinn through you, a suggestion by the Board of Adjustment that the Planning Commission consider the possibility of amending the zoning ordinance to clarify the street frontage requirement prescribed thereby. As you know, Article 8, Section 6 of the zoning ordinance provides in -part that every building erected or moved shall be on a lot adjacend to a public street; and the definition of the term "lot" contained in Article 17 provides :< in part that each lot shall have frontage on an improved street. The aoning ordinance, however, does not prescribe minimum street d. frontage.requirements for lots in the various zoning districts. I personally am of the opinion that the street frontage requirements prescribed by the zoning ordinance do need to be clarified. JNM/mc uc• Mr. Carl Yates Chairman, Fayetteville, of Adjustment c/o McGoodwin, Williams 909 Rolling Hills Drive Fayetteville, AR 72701 Sincerelv, ney cCord Board & Yates 0 FAYETTEVILLE, ARKANSAS OFFICE OF CITY ATTORNEY POSTAL DRAWER F 72701 (501) 521-7700 April 11, 1978 Mr. Carl Yates, Chairman Fayetteville Board of Adjustment c/o Mc Goodwin Williams & Yates 909 Rolling Hllls Drive Fayetteville, Arkansas 72701 Re: Authority of Board of Adjustment to waive zoning requirement that a lot have frontage on an improved street Dear Mr. Yates: Pursuant to your request, I have considered the issue of whether the Board of Adjustment has the jurisdiction to waive the requirement that a lot have frontage on an improved public street. Article 8, Section 6 of the City's zoning ordinance, Appendix "A" to the Fayetteville Code of Ordinances, provides in part that every building erected or moved shall be on a lot adjacent to a public street. The definition of the term "lot" contained in Article 17 reads in part as follows: "Such lot shall have frontage on an improved public street,...." The powers and duties of the Fayetteville Board of Adjustment are set out in Article 10, Section 4 of the zoning ordinance. Paragraph "B" of said Section 4 authorizes the Board of Adjustment to grant variances from the "bulk or area regulations." Area variances involve matters such as setback lines, fronta a re uirements, height limitations, lot size restrictions, ensity regu ations, and yard requirements. Such variances are customarily concerned with "practical difficulties". Anderson, American Law of Zoning_ Sec. 1407 (1968). Since a frontage requirement is an area regulation" it is my opinion that the Board of Adjustment has the jurisdiction to grant a variance therefrom. Sincerely, ATTORNEY / 1)�6? Ai mes N. McCord • JNM/ts cc: Bobby Jones Planning Administrator T 4b FAYETTEVILLE, ARKANSAS OFFICE OF CITY ATTORNEY POSTAL DRAWER F January 20, 1987 Mrs. Sandra Carlisle Director of Planning City Administration Building 113 W Mountain Fayetteville, Arkansas 72701 RE: Duties of Board of Adjustment Dear. Mrs. Carlisle: 72701 (501) 521-7700 MEW M AN 2 3. 81 CD. & PLANNING It is my understanding from you that the Fayetteville Board of Adjustment has requested an opinion from this office on the Board's duties and responsibilities. Ark. Stat. Ann. §19-2829(b) (1980 Repl.) provides in part: do . . The board of zoning adjustment shall have the following 00 functions: (1) Hear appeals from the decision of the ac�,inistrative officers in respect to the enforcement and application of said ordir-arce; and may affirm or reverse, in whole ^r- part, said decision of the administrative officer. (2) Hear requests for variances from the literal provisions of the zoning ordinances in. -instances where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordinance. The board of zoning adjustment shall not permit, as a variance, any use in a zone that is not permitted under the ordinance. The board of zoning adjustment may impose conditions in the granting of a variance to insure compliance and to protect adjacent property. Decisions of the board of zoning adjustment in respect to the above shall be subject to appeal only to a court of record having jurisdiction. It The zoning ordinance shall be observed through denial of the issuance of building permits and use -permits." Mrs. Sandra Carlisle January 20, 1987 Page two If the Planning Commission approves a subdivision plat which reflects greater set -backs se required by the zoning ordinance, the Planning Offic should e.force platted set -back requirements when issuing a buildir. t. The Board of Adjustment does not have / jurisdiction to grant a variance from a platted set -back requirement or from protective covenants. The Board can onl grant variances from the literal provesions of the zoning ordina. e. Relief from a protective covenant orla platted set -back requirement st be obtained am ndment to the covenants or bV replatting. Sincerely, • VRQQ N. McCord JNM:kn cc: Mr. Don Grimes, City Manager Mr. Daryl Burch, Director of Public Works Mr. Marty Coates, Director of Public Safety Fayetteville Board of Directors 40 page 9 • CI r� U BOARD OF ADJUSTMENT. City Code page 880. 1 Article 10. Board of Adjustment The Board of Adjustment shall consist of five members, with its members to be appointed by the City Board of Directors, each for a term of five years. Appointments shall be staggered. Members of the Board of Adjustment may be removed from office by the City Board of Directors for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the City Board of Directors for the unexpired term of the member affected. 1. Proceedings of the Board of adjustment. The Board of Adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this ordinance. 'Meetings shall be held at the call of the chairman and at such other times as the Board may de - tern -Me. The chairn:: n, ur in his :-serce, the acting chair. man, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. Board minutes of 7/6/76: ORDINANCE INCREASING MEMBERSHIP OF BOARD OF ADJUSTMENT I-J 0 The City Attorney read for the first time an ordinance to increase the membership of the Board of Adjustment to seven members. Director Collier, seconded by Director Purdy, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the third and final time. The City Manager stated that the increased membership was necessary in order to provide that a sufficient number of members might be present to participate in the decision -making process of the Board of Adjustment. He noted that some decisions had had to be tabled due to absence of members. Director Todd disagreed with a provision of the ordinance stipulating that decisions could be made with the concurrent vote of a majority of members present rather than the majority of the full board. Fie felt the function of the Board of Adjustment to be too significant to allow decisions to be made by a minority of the board membership. Following slight further comment, the Mayor askedif the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Noland, Hughes, Purdy, Collier "Nays": Todd, Orton Abstain: Lancaster The Mayor declared the ordinance passed. ORDINANCE NO, 2252 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK V FAYETTEVILLE, ARKANSAS OFFICE OF CITY CLERK 113 W. MOUNTAIN STREET 72701 (501) 521-7700 March 18, 1987 Dennis Becker 919 Tanglebriar Fayetteville, Ar 72701 Dear Mr. Becker: Recently you applied for appointment to the Board of Adjustment. The City Board made appointments to citizen committees at last night's meeting, and I am pleased to inform you that you were reappointed to fill a term which ends on April 1, 1992, Congratulations) CC: Don Mills, Chair Sandra Carlisle, Planning Director • Sincerely, Suzanne Kennedy City Clerk &DECENT, SAFE, SAN FAYETTEVILLE, D -< ARKANSAB _ m > _ COMMUNITY DEVELOPMENT & PLANNING DEPARTMENT %o z uoddo ivno3 '1N3W 113 W. Mountain • 72701 • 501/521-7700 TO: All Board of Adjustment/Sign Appeals Members FROM: Planning Department 6c DATE: July 22, 1988 SUBJECT: Schddule of Meetings The meeting that was to be held on July 18, 1988, was postponed due to not having enough members present to represent a quorum. Consequently, Chairman Don Mills has asked the Planning Office to send each member a copy of our Board of Adjustment/Sign Appeal meetings schddule which lists the designated meeting dates through the end of this year. She asks that each member make a note of these dates on their calendar. You will find this schedule enclosed. Enclosure • cc: Don Mills • FAYETTEVILLE, ARKANSAS OFFICE OF CITY CLERK 113 W. MOUNTAIN STREET 72701 (501) 521-7700 C. Larry Tompkins 1701 Old Wire Road Fayetteville, Ar 72703 Dear Mr. Tompkins: March 18, 1987 Recently you applied for appointment to the Board of Adjustment. The City Board made appointments to citizen committees at last night's meeting, and I am pleased to inform you that you were reappointed to fill a term • which ends on April 1, 1992. Congratulations! Sincerely, izanne Kennedy City Clerk cc: Don Mills, Chair Sandra Carlisle, Planning Director n U 0 BOARD OF ENT ATTENDANCE RECORD FOR A •O" 07-07-86 -0- 07-21-86 -0- 08-04-86 x 08-18-86 x 09-15-86 -0- 10-06-86 x 10-20-86 -0- 11-03-86 x 12-01-86 -0- 12-15-86 x 01-09-87 -0- 02-02-87 x 03-02-87 x 04-06-87 x 04-20-87 -0- 05-04-87 -0- 05-18-87 x 06-01-87 -0- 06-15-87 x 7-7-87 -0- 8-3-87 -0- 8-17-87 -0- Dennis Moore was appointed to the Board of Adjustment on May 20, 1987. After missing three consecutive meetings Mr. Moore was asked to remove himself from the Board of Ajustment. 10r I 0 FAYETTEVILLE, ARKANSAS OFFICE OF CITY ATTORNEY POSTAL DRAWER F 72701 1 (501) 521-7700 December 20, 1977 Ms. Bobbie Jones Planning Administrator City Administration Builidng P. 0. Drawer F Fayetteville, AR 72701 Re: Effect of Abstension on Voting Requirements for Board of Adjustment Granting Variance Dear Ms. Jones: Pursuant to your request, I have researched the issue of the legal effect of an abstension on voting requirements for the granting of a variance by the Board of Adjustment. It is my understanding that your request for this opinion is a result of a recent variance application upon which three members of the Board of Adjustment voted in favor of the variance, two members voted against the variance, one member abstained because of a financial interest in the applicant and one member was absent. Ark. Stat. 19-2829 (b) (2) provides in part that the board of zoning adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure. Pursuant to this statute, the Fayetteville Board of Adjustment has established Rules of Procedure and Regulations. Rule 5 of these Rules and Regulations provides as follows: "As provided in Article 10 of the Zoning Appendix, a majority (4) of the membership_ of the board (7) constitutes a quorum, and no action shall be taken by the board, favoring the applicant or appellant on either a request for a zoning variance or an appeal of a decision of the planning administrator unless a quorum is present and unless a majority of the members present votes in favor of applicant or appellant. In the event of failure of a quorum at any called or regular scheduled meeting, applications and appeals, to have been heard at that meeting, will be heard at the next board meeting." Ms. Bobbie Jones, December 20, 1977 • Page 2 My research reveals no Arkansas Supreme Court case directly in point. The general rule is that those present who refuse to vote for a proposition are regarded as having voted affirmatively, i.e., for the proposition, or to have voted with the _majority. In the latter instance, in some jiir`isdictions, a majority means a majority of those present and voting. In such a case, a "pass" vote must be counted as voting with the majority. McQuillin, Municipal. Co-rporati�ons, §1'3.32 (3rd ed. rev., 1968) . Where• a quorum is present, al_1 that is required to take action is a majority of all the votes cast, unless the statute or ordinance provides otherwise. 82 Am. Jur. 2d ZONING AND PLANNING §313 (1976) citing Sliwka v. Township Council of Franklin, 230 A. 2d 53T. Based upon the foregoing authorities, it is my opinion that"in the case of a variance application where three members of the Fayetteville Board of Adjustment vote'in favor of the variance,, two members vote against the variance, one member abstains, and one member is absent, the variance is approved. Sincerely, CITY ATTORNEY es N. McCord JNM:ses 40 APPLICATION FORM for Appointments to City Boards, Commissions, and Committees »»»»»»»»»»PLEASE PRINT OR TYPE ALL ANSWERS«««««««««« NAME: kwe- (If married, please ADDRESS: Residence Street d Ci �Y�, I o, -30JC Mailing Address 154V iFTEv; �! City ve spouse-s rst name here Code Z7D Z• Code TELEPHONE NUMBER: Home Business��-//�©LZ OCCUPATION/NAME OF EMPLOYER: �,G. f'ti��2AlSC'1P� Please Do Not Write Here Circulation: is 2: 8 3: 4: Terminate: Appointed: Term Expires: Replaced: REFERENCE: A;0, Name O N'�ii Niil'j! DNfJ'f �S�I /`' • t.0 i'��J Address �9 SOZG-f9 (60 Phone PLEASE PRINT OR TYPE HERE why you would like to be considered for appointment to this committee, and what particular qualifications you feel you have: Gf TO VA-Q. v - RETURN THIS APPLICATION to Suzanne Kennedy in the City Clerk's Office (113 West Mountain Street, Fayetteville, Arkansas 72701) by NO LATER THAN .3 -4p.5��, If you have any questions, call 575-8323. TO BE ELIGIBLE TO SERVE.ON A COMMITTEE YOU MUST BE A REGISTERED VOTER RESIDING IN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, , FAYETTEVILLE, ARKANSAs OFFICE OF CITY MANAGER P. O. DRAWER F 72701 (5011 521.7700 APPLICATION FORM for Appointments to City Boards, Commissions, and Committees >»»»»»»»»»»» PLEASE PRINT OR TYPE ALL ANSWERS «««««««««««<<, (If married, please give spouse's first name hex 2RESIDENCE STREET ADDRESS: ZGO �cr=i CORRECT MAILING ADDRESS: Sir HL' TELEPHONE NUMBER: Home Sz / - S c 7 / Business S`0+�,C_-� OCCUPATION/NAME OF EMPLOYER: SL�Z/=' /-zti i) co✓L11 ro CHOICE OF COMMITTEE 97L/n Please do not write here: Circulation: 1: 2: 3: 4: Terminate: Appointed: Term to expire: Replaced: Other: PLEASE PRINT OR TYPE HERE why you would like to be considered for appointment to this committee, and what particular qualifications you feel you have: L 14 .rI/c_- 43� 7L-77u h e r S vII- v �tii72.4-G�iZ � l�t�Si.LcFS L-��C-7'I/i/✓c � �-TTO:t.c-c"% ,3-T !'.�.iCiG'l.,f �N/) iti7�71iLV L/(c_c` y c-&r?l i ee TO 7�f1t✓ CorLf-tu ti t T`'/ • �RETURN THIS APPLICATION to David McWechy in the City Mana,er's Office (P.O. Drawe: "F") by NO LATER THAN �,. FAYETTEVILLE, A.i'�.KANSAS OFFICE OF CITY MANAGER P. 0. DRAWER F 72701 (501) 521.7700 APPLICATION FORM for Appointments to City Boards, Commissions, and Committees »»»»»»»»»»> PLEASE PRINT OR TYPE ALL ANSWERS «««««««««««< << NANiE: Jerry K. Allrad (If married, please give spouse' 2R ESIDENCE STREET ADDRESS CORRECT MAILING ADDRESS: TELEPHONE NUMBER: Home s tirst name 439 E. Ash, Fayetteville P.O. Box 2974 " 521-8351 Business 521-1300. OCCUPATION/NAME OF EMPLOYER: Managing Broker Wilkins and Associates Realtors ra CHOICE OF COMMITTEE: Board of Adjustments Please do not write here: Circulation: 2: 3: 4: _ Terminate:.— ._ Appointed: -Term to expire: Replaced: Other: PLEASE PRINT OR TYPE HERE why you would like to be considered for appointment to this committee, and what particular qualifications you feel you have: zoning ordiances and to assist in making Favetteville a better place to live. My Real Estate experience has provided me with the proper knowledge to be an asset to the committee RETURN THIS APPLICATION to David McWethy in the City Manager's Office (P.O. Draw, _I *6"I"') by NO LATER THAN APPLICATION FORM L • • ***Please Print or Type All Answers*** NAME oC oiviv)c �/�ow S (If married, please give spouse's first namef) ADDRESS: _5b6 �: w/�SMIYvC,-r��nJ Residence Street Address O E`744FYYrtir✓,�iL / City Zip Code Mailing Address City Zip Code Business 4 4-4 L4 3 o9 k please Do Not Write Here circulation: Terminate: Appointed:_ Term Expires: Replaced:_ OCCUPATION/EMPLOYER NAME: ACC C.7 2 I C I F) Yv REFERENCE: 1)91+tz Vj YlJ PR i cc, FP.-:., E-r-rez-Vl (I SC 0-0o/ 4157_4r I %c NAME L ,� w F ADDRESS �owrLu or uS-Tw e: 7 S- 2 - 33 7 CHOICE OF COMMITTEE: C( .PHONE g PLEASE PRINT OR TYPE HERE why you would}ike to be considered for an appointment to this committee, and what particular qualifications you feel you have: 7 . [ -� / I L RERN THIS APPLICATION TOsj,Sherry Thomi4, in, tho„City C 7"Uis X d! .Office (113 West' Mountain Street, Fayetteviltr, AR 72701) C1y NO THAN'. w If you have y questions,. 311 575 332l: k. TO BE ELIGIBLj TO SERVE ON•A C�110)rTTfE� Y� pV$1('�E 11kA8(i18TER8D VOTER RESIDING IN THE CORPORA'S' CITY LIMITSO'ybarHE CITiN; 09, FAY$'3`fBVIS.ffi:' (See other eligibility requiiddms`tits on lfiiclt of this 'sheaf. j. 71AYETTEVI1 T =, ARKAWSAS OFFICE OF CITY MANAGER P. O. DRAWER F 72701 (501) 521.7700 REC-El VEQ APPLICATION FORM MAR 1 8 1985� for CITY OF FAYETTEVILLE Appointments to City Boards, Commissions, and Committees >»»»»»»»»»»» PLEASE PRINT OR TYPE ALL ANSWERS ««««««««««««- NAME: Nl%p (If married, please give spouse RESIDENCE STREET ADDR ES CORRECT MAILING ADDRESS: TELEPHONE NUMBER: Home s tirst name here s: y zi - die? Business q 50CCUPATION/NAME OF .EMPLOYER: me/ IfA! - PAP641V Nw-er1090 CHOICE OF COMMITTEE: Please do not write here: Circulation: 1: 4'g5 2: 3: 4: Terminate: Appointed: Term to expire: Replaced: Other: �4p�mlaY7/Yl,(EO¢T PLEASE PRINT OR TYPE HER why�T u would like be considered for appointment to this committee, and what particular qualifications you feel you have: IS RETURN THIS APPLICATION to David McWechy in the City Manager's Office (P.0. Drawe: "F") by NO LATER THAN