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.
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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.
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• 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.
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