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HomeMy WebLinkAbout1987-10-05 MinutesOF r BOARD OF EMEETING A meeting of the Fayetteville Board of Adjustment was held on Monday October 5, 1987 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, Dennis Becker and Jerry Allred MEMBERS ABSENT: Robert Waldren, Gerald Boyd OTHERS PRESENT: Ken Edwards, Jerry Blevins, Sandra Carlisle and Tessi Franzmeier _Y14TUVII-W *� The minutes of the September 21, 1987 meeting were approved as distributed. APPEAL NO. 87-23 - VARIANCE IN SETBACK REQUIREMENT KEN EDWARDS - 1138 N. VANDEVRNTER The first item of consideration was a request for a variance in • the required setbacks submitted by Ken Edwards. Property located at 1138 N. Vandeventer. Variance requested.is 23' from the west property line and the required setback is 25' from the west property line. Property zoned R-1, Low Density Residential District. Becker advised for the record that he had been contacted prior to this appeal for an aesthetic evaluation of the location of the carport. He felt he could still be fair in participating in the voting process of this appeal. Ken Edwards stated his builder had measured the property and evidently he measured at the wrong pin. He said an inspector came by and an official measurement was done and the findings were 18" to close to the street. Mr. Edwards noted the carport was already constructed and there would be no way to move it back. He said because of the configuration of the lot the front would be the only logical place for the carport:. Mr. Edwards also said he had 3 vehicles and would very much like to get them off the street. Tompkins asked if there was a problem with the side yard and Mr. Edwards explained he had purchased 20' of the lot next to him. • LVOV • Board of Adjustment October 5, 1987 Page 2 Tompkins then stated the variance as requested would be approximately an 8% variance. Allred asked if Mr. Edwards had applied for a building permit and Mr. Edwards replied "yes". Carlisle noted the setbacks on Mr. Edwards site plan were incorrect because he had measured from the curb rather than the ROW. Mills closed the public hearing and returned discussion to the Board of Adjustment members. MOTION Allred moved to grant the variance as requested, seconded by Tompkins. The motion to grant the variance passed 3-0-0 APPEAL NO. 87-21 - VARIANCE IN THE REQUIRED SETBACKS WANDA BLEVINS - 16 S. WEST The second item of consideration was a request for a variance in the required setbacks. Application submitted by Wanda Blevins • for property located at 16 S. West. Requested variance is 161'8" on the south property line and the required -setbacks is 30' from the south property line. Property zoned R-O, Residential Office. This appeal was tabled at the Septembe 21, 1987 :because no one was in attendance to represent the appeal. MOTTOM Tompkins moved to remove the appeal from the table, seconded; by Allred. The motion to remove from the table passed 3-0-0. Jerry Blevins explained he was the nephew of Wanda Blevins and would be representing her today because she was in Arizona at this time. Mr. Blevins explained his Aunt was building a Bay window. He said his Aunt had called someone and asked if she needed a building permit. She was told if the window did not extend out beyond any existing structure she would not be required to pull a permit. Mr. Blevins stated the bay window did not extend past the porch and the porch was existing. Carlisle explained the house is considered a non -conforming structure and code says you can not add to the nonconformity of a structure. • Allred stated Ms. Blevins had been building on this house for 5- years and asked when did she plan to finish. Mr. Blevins really • Board of Adjustment October 5, 1987 Page 3 did not have an answer to when she would complete. Allred noted he would not be opposed to the variance if she would just complete one thing before she tackled another project on the home. Mr. Blevins said his Aunt had not been living at the house in question and she just recently moved back to the house and had been working on the house pretty steady. Allred asked if the home was a rental unit or were the rooms inside being rented out and Mr. Blevins replied "no not really". Allred asked if Mr. Blevins lived at the home and he replied "no". Mills asked how many people lived in the home. Mr. Blevins replied his aunts Mother, his sister and her two little girls. Mills asked how did the porch that extended out get there without a building permit and the house being non -conforming. Mr. Blevins said the porch was added approximately 2 or 3 years ago and he thought she had a building permit. Carlisle stated at the time of construction of the porch a permit IDwas issued for a bathroom. She also noted that a bathroom could be added to a non -conforming structure. Tompkins asked if the house was a single family use. Mr. Blevins said his aunt had a private office in the home. Allred asked how many kitchens are in the house and Mr. Blevins replied there were two kitchens in the home. Allred then said it was classified as a duplex. Mr. Blevins said there was a kitchen up -stairs and one down -stairs. Tompkins asked if there was any off street parking and Mr. Blevins replied the was parking on the east side . Allred then noted that 1-1/2 parkings spaces (9X19) had to be provided per 1- bedroom. Allred said he had a real problem with the cluttered mess there being an adjoining property owner. Mills closed the public hearing and returned discussion to the Board of Adjustment members. Tompkins said he had a problem with the City policy in that a non -conforming use that would contribute to the longivity of a non -conforming structure. He said the variance was approximately • a 57% variance. Tompkins said he would be inclined to deny the request. • Board of Adjustment October 5, 1987 Page 4 MOTION Becker moved to grant the variance as requested, seconded by Tompkins. The motion to grant the variance as requested failed to pass 1-2-0. Becker voting "yes" and Tompkins and Allred voting "nay". OTHER BUSINESS Mills announced that Robert Waldren was attending the special legislature session and had an excused absence. There being no further business the meeting adjourned at about 5:00 p.m. CI Is ne),�