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HomeMy WebLinkAbout1987-02-02 Minutes0 MINUTES OF THE BOARD OF ADJUSTMENT MEET114C A meeting of the Fayetteville Board of Adjustment was held on Monday, February 2, 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, Gerald Boyd, Dennis Becker, Jerry Allred and Dennis Moore MEMBERS ABSENT: Robert Waldren OTHERS PRESENT: Andrew Bradt APPEAL 87-2 - SETBACK VARIANCE ANDREW BRADT - 517 REBECCA The only item of consideration was a request submitted by Andrew Bradt to vary the setback requirement to 10' from the required 20' for property located at 517 Rebecca. Property zoned R-1, Low Density Residential District, Andrew Bradt stated he was proposing to build a two car garage with shop space. He said currently there was an existing garage which faced the back of his home. He said at this point there would be no way to get a car in and be able to maneuver around. • Becker asked if this was a platted subdivision, and Allred replied it was. Becker then stated the Board of Adjustment would have no jurisdiction on this case according to the City Attorney. Mr. Bradt asked exaclty what that meant, and Becker replied the Board could not grant a variance, and did not know what he could do. Becker stated he was quoting from the letter dated January 20, 1987 from the City Attorney. Mills asked if that applied to the setbacks that were greater than and Becker replied "yes", and was platted. that it would apply to everything that Allred felt the intent of the letter was for protective covenants. Boyd felt Mr. Bradt did not comply with what the Board of Adjustment ordinarily considered to be a hardship. He said the fact that he simply wanted a two car garage to be some place was not a hardship. Boyd stated if it was impossible for Mr. Bradt to do what he wanted that might be a hardship, but the land was essentially all buildable. • q • • Board of Adjustment February 2, 1987 Page 2 Allred asked who owned the lot directly to the east of the property in question, and Mr. Bradt replied he did. Allred then said Mr. Bradt really had no hardship other than desire. Mr. Bradt submitted a petition from all the neighbors in his area stating they had no objection to the variance. Allred stated he was a neighbor, and did not receive a letter. Tompkins said if the subdivision was platted before 1970 and was a non conforming lot they could build on it, but they would have to meet all the required setbacks. Tompkins said Mr. Bradt could build a carport 5' away from the side property line, but a garage could not. The public hearing was closed and discussion returned to Board members. Tompkins said what Mr. Bradt wanted to do would certainly improve the quality of the neighborhood, however he was hard put in terms of the hardship. MOTION Tompkins moved to deny the request as submitted, seconded by Boyd. The motion to deny passed 470-1, Tompkins, Boyd, Allred and Moore voting "nay" and Becker abstained. MINUTES The minutes of the January 19, 1987 meeting were approved with the following correction. Page 3, paragraph 8 change "Becker, Tompkins and Boyd voting "no" to "Becker, Tompkins and Boyd voting "yes to deny" Mills announced a public hearing for the builders and surveyors to discuss the possibility of the City inspection department to require surveys before building permits could be issued. Becker stated Freeman Wood had told him that after the Kitchens variance was denied that McCord had said the City could not win in court. Becker said it was by intimidation that the porch was pulled off. Mills asked if the City Attorney was basing his opinion on the Tankersley • case, and Becker said he did not know. 0 • Board of Adjustment February 2, 1987 Page 3 Becker said if the Board was hung up on the Tankersley case it would seem that it would be all the more important to get something like the survey through. Becker said no one goes out to check the required setbacks. Allred asked if the City Attorney had the right to override this Board as far as the required setbacks and the denials this Board passed down. Tompkins then said the only appeal was with the District Court. Boyd stated when Mr. Kitchens tries to receive Title Insurance he would need a variance from this Board. Mills stated she would like an opinion from the City Attorney as to what can be done when someone blatantly goes in and puts a house up not according to what they submitted on the permit. Allred suggested a list of clarifications to be made at a special meeting. • 1. What is the enforcement and appeal process of the Board of Adjustments decision. 2. Clarification of the City Attorneys letter dated January 20, 1987 in regard to platted setbacks. 3. Who has authority to override the Board of Adjustments decision. 4. Are the Board of Adjustment members covered under City liability Insurance. The Board of Adjustment members would like for the Chairman of the Planning Commission, Freeman Wood and Jim McCord to attend their regular meeting on March 2, 1987 at 3:45 P.M. in Room 111, There being no further business the meeting adjourned at 5:20 p.m. •