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HomeMy WebLinkAbout1987-05-04 Minutes0 MINUTES OF THE BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held on Monday, May 4, 1987 at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas, MEMBERS PRESENT: Don Mills, Robert Waldren, Gerald Boyd, Dennis Becker and Jerry Allred MEMBERS ABSENT: Larry Tompkins and Dennis Moore OTHERS PRESENT: Gerald Seiff (Liaison for the Planning Commission) The meeting was called to order and the minutes of the April 20, 1987 meeting were approved as distributed. APPEAL 87-4 - BULK & AREA / SETBACK VARIANCE ARLIS WAGES - 1039 E. HUNTSVILLE ROAD The first item of consideration was a request submitted by Arlis Wages of 1039 E. Huntsville Rd. and represented by Lonnie Meadows. Request is to vary the bulk/area requirements from 3 acres in A-1 to 1-1/2 and also vary the setback requirements from is100, to 15' on the east and 25' on the west. Carlisle advised a mobile home was only permitted in an A-1 zone with a minimum of 3 acres of land, and that the setback requirements were 100' from all property lines. Lonnie Meadows said it would be very difficult to obtain the required setbacks on this particular piece of property. He said the mobile home was 70' long and there would be no way possible to get the 100' setback from all property lines. Mr. Meadows submitted a petition from adjoining property owners stating they had no objection to the mobile home at that location. Mr. Meadows said he just recently had this property rezoned from R-1, to A-1 and had approval from the Board of Directors. He said he was here to request the granting of the stated above variances. Boyd asked under the circumstances was this to be a temporary setup or permanent. • 115 P • • Board of Adjustment May 4, 1987 Page 2 Mr. Meadows said they intended it to be permanent. Mrs. Wages said they had to go across 2 property owners land to get the mobile home in the back yard, and she had no other way to get the mobile home out except back through their land. Mrs. Wages asked if it would be permissible at the time of her mothers death or hers could they move the old mobile home out and move hers up to where it should be. Mills said this Board could not give the authority as to what or what not they could do. Mills questioned the septic system for the two mobile homes. She said her understanding was that the State Health Department required 1-1/2 acres for each septic system. Mr. Meadows said there was sewer at the street where his mothers trailer was, but she never did tie on. He said the other mobile home has a septic tank also. Allred asked if each mobile home had an individual septic tank, and Mr. Meadows replied "yes". Mills said the Arkansas Board of Health had jurisdiction over how many septic tanks they could have on that amount of acreage. Mills asked if the Wages had checked on that at all, and Mr. Meadows replied "no". Carlisle stated that City code required 1-1/2 acres as well for each septic tank. Allred said they could tie the first trailer onto the existing sewer out in front of the first mobile home. Waldren asked how the mobile home got in there in the first place. Mr. Meadows said they moved the trailer in at that location and it had been there for over one year. Mrs. Wages said her dad died of cancer and her mother wanted her to move in so she could help take care of her. Mrs. Wages said she did not have time to go through all the legal procedures. Mills asked if the existing water line that showed on the plat went across their land and possibly under the second mobile home. Mr. Meadows said his family had lived there for 25 years and this was the first he knew of a water line running through the land. Allred asked if the mobile homes were hooked up to City water, and Mr. Meadows said "yes". • Board of Adjustment May 4, 1987 Page 3 Boyd asked if they were replied "no", metered separately, and Mr. Meadows Becker said in reading the notes from the Board of Directors there was a suggestion of a life estate arrangement, and they would be required to get annual permits for renewal. on the second mobile home. Mr. Meadows said that idea was suggested, but there had been really no deal or commitment made to that suggestion. Allred read the motion from the Board of Directors and said that the annual permit for the second mobile home would terminate with Mrs. Meadow. Mills then said evidently the wages have not agreed to that motion. Boyd said the fact that this passed 7-0 at the Planning Commission, 7-0 at the Board of Directors and that the City was • trying to bend over backwards because of the hardship. He said if the City gave permanent things they would be bending rules to let this thing continue, and possibly sell it to someone else that might not be as good a citizen as the Wages. Mills said she was not sure the Board of Adjustment. could grant a variance over the Board of Healths ruling of 3 acres for septic tanks. Gerald Seiff added when the wages came before the Planning Commission with their petition for rezoning they were told if this was recommended they would still have to take the appropriate steps to get completely legal. Carlisle said the water line was in fact on the property. She said there was an easement showing at the Southmont Apartments, and that the water line was a 14" water line. It was decided that the Wages mobile home was well off the existing water line. M(YPTnM Boyd moved to grant the requested variances for the second mobile home for the duration of the life of Mrs. Pauline Meadows, seconded by Waldren. The motion passed 4-0-0 • 21 • Board of Adjustment May 4, 1987 Page 4 APPEAL 87-7 - VARIANCE IN SETBACKS DANIEL KOOPMAN - 2140 JONQUIL RD. The second item of consideration was a request submitted by Daniel Koopman to vary the setbacks at 2140 Jonquil Rd. The required setback is 20' on rear of the lot, and Mr. Koopman is requesting a setback of 21. Property is zoned R-1, Low Density Residential District. Mr. Koopman said the only location for the above ground pool that he has installed was to the rearmost part of the yard. He said the pool could not have been placed next to the concrete pad because this would have necessitated several feet of fill. Also an above ground pool cannot be located on fill according to the manufacturer because of settling. Mr. Koopman asked for a favorable consideration in leaving the pool in its present location. He also added he was not asking to vacate any easements. Allred asked if a building permit was required for an above • ground pool. Carlisle replied "yes" anything above 30" or larger than 8X10 costing more than 200.00 required-a•building permit. Boyd asked if there was an existing easement on the rear of this property. Mr. Koopman replied there was a .12-1/2' utility easement on the rear of his lot. Allred asked if this would be considered a temporary or permanent structure. Mills said this was not as temporary as it sounds considering all the decking around the pool and brick work. Carlisle asked Mr. Koopman how Bert Rakes happened to come to his home. Mr. Koopman said he had new underground electric service installed, and that required an inspection of the trench by the City. Mr. Koopman said he was told by several sales people that the above ground pool would not require a building permit. Mills stated this Board could not waive the enchroachment on an easement. • Mr. Koopman said he was not asking for a vacation of that easement. He said if the utilities ever had to come in and dig 2% • Board of Adjustment May 4, 1987 Page 5 up the sewer he would dismantle the pool at that time, but believed the odds would greatly be in his favor that that would not happen. Allred said the problem he saw with that was if the house sold, the new buyer would not know that arrangement. He said then if the City should have to get into that easement there would be more problems. Mr. Koopman asked where could a fence be placed as far as the easement was concerned. Carlisle replied the property owner could put the fence on the easement, but if the utilities had to get in there it was the property owners responsibility to put the fence back. Allred said there was a little difference of cost involved in taking down a section of fence as dismantling an entire pool. Mr. Koopman said he thought that cost was to the property owner. Mills asked if Mr. Koopman could turn the pool around. Mr. • Koopman said that was one of his considerations, but it had to be completely level. He said that particular spot had the least amount of dirt that had to be moved. Boyd asked Bob Waldren what SWEPCO's policy was when they discover enchroachment. Waldren said SWEPCO generally would make them move. The public hearing was closed and discussion returned to the Board members. Boyd said the easement gave him a problem, and unfortunately he did not agree with the ordinance. He could not see what a pool like this in someones backyard hurts the setback requirement. Boyd asked Mr. Koopman if he would be willing to accept a variance of 7-1/2 to get the pool out of the easement. Mr. Koopman said he would rather have his original request because the other would require moving the pool. Allred said he had no problem with the pool, but had a problem with the easement as well. He said if an emergency situation occured that required services to get back there they would not have time to dismantle the pool. Allred said this Board could grant a variance right up to the • easement, but that would be all they would have jurisdiction to grant. He said Mr. Koopman might consider vacating the easement through the Board of Directors. !' • Board of Adjustment May 4, 1987 Page 6 Allred asked Mr. Koopman if he until he had the opportunity Koopman replied "yes". MOTION would like this appeal tabled to vacate the easement, and Mr. Allred moved to table this appeal Becker. The motion passed 4-0-0. • aa• for two weeks, seconded by Mills announced that the liaison from the Planning Commission was Mr. Gerald Seiff. She said at this time the Board of Adjustment would set up a system or selection of who would attend the Planning Commission meetings for the first quarter. Mills said she thought they could do this alphabetically, and that Jerry Allred would attend the Planning Commission meetings for the first quarter with his alternate being Dennis Becker, MOTION Waldren moved to send a representative .:from the Board of Adjustment to the Planning Commission, seconded by Allred. The motion to send Jerry Allred for the first quarter with Dennis Becker as the alternate passed 4-0-0. Gerald Seiff added that the Planning Commission met on the second and fourth Mondays of the month at 5:00 p.m. It was decided that the representative and the alternate would both receive an agenda for the Planning Commission meeting with a follow up call. Don Mills suggested a letter be written to City Manager, Don Grimes thanking him for his service to the City as he goes out. There being no further business the meeting adjourned at 5:00 p.m. 3°