HomeMy WebLinkAbout1988-02-15 Minutes:c i ra iu:
A meeting of the Fayetteville Board of Adjustment was held on Monday, February
15, 1988 at 3:45 p.m. in Room III of the City Administration Buiding, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Don Mills, Jerry Allred, Dennis Becker, Larry Tompkins,
Gerald Boyd and Deane Davenport
r I C0r 1 :1 :QkWjl_ _ :I -
OTHERS PRESENT: Bryan McBryde, Tessi Franzmeier and Don Bunn
MINUTES
The minutes of the January 18, 1988 meeting were approved as distributed.
APPEAL NO. 88-1 - VARIANCE IN THE SETBACK RBQUD04KNT
BRYAN MCBRYDE - NW CORNER OF MOCK & LAFAYETTE
The only item of consideration was a request for a variance in the required
setbacks, application submitted by Bryan McBryde. Request was to vary the north
side from the required 8' to 6'6" and the east side from the required 25' to
816". Property located at the northwest corner of Mock and Lafayette, property
• zoned R-1, Low Density Residential District.
Bryan McBryde stated he was in the process of restoring the house and would like
to build a garage in the rear of his home. He said he had a parking problem and
would like to construct a garage as specified on the attached drawing. He said
in order to give him a small amount of back yard the proposed garage had to go
were indicated. Mr. McBryde indicated the existing garage was so old that it
collapsed and that the pad still existed.
Larry Tompkins asked Mr. McBryde if he considered building the new pad in
conformance with the present conforming lot. Mr. McBryde replied "yes" , but it
would be too far off the street, also it would take up the majority of his
backyard. He said in order to have a little area for backyard activities,
dismissed the idea. Tompkins then said after viewing the property and after
excavation that it could be accomplished. Tompkins asked Franzmeier if Mr.
McBryde met the 40% coverage requirement and Franzmeier advised Mr. McBryde met
the requirement of 40%. Tompkins felt the property looked dense and Franzmeier
noted Mr. McBryde was close to the 40% requirement.
Jerry Allred said his main concern was the 10'
driveway in
that if Mr. McBryde
tried to park a
19' car in
the driveway
part of the
car would
be in the street or
obstructing the
sidewalk.
Mr. McBryde
indicated
the line on
his drawing was not
the edge of the
street, but
the edge of
the ROW.
Allred advised he would still
0
• Board of Adjustment
February 15, 1988
Page 2
obstruct the sidewalk.
Don Mills felt Mr. McBryde had ample room to build the garage and meet the
required setbacks. Mr. McBryde said he could meet the setbacks, but that would
deny him of any backyard space. Mills said that should not come as a shock
because Mr. McBryde knew this when he bought the property.
Gerald Boyd advised Mr. McBryde that he could place a parking pad anywhere on the
lot, but a structure was required to meet the setbacks. Boyd felt the garage
would be a good size structure and felt it could meet the setbacks. Boyd advised
the Board of Adjustment dealt with "true hardships" and this, in his opinion was
not a hardship. Boyd said a hardship would be if the property was unbuildable or
sometimes the Board had considered a stately "tree" with some historical
significance. He said reducing yard space just because someone wanted it was not
a hardship.
Nathan Combs stated he owned property next to Mr. McBryde and basically he';just
wanted to know what the proposed plan was. Mr. Combs asked if the house would be
used as a rental and Mr. McBryde said he intended to restore; it and live in the
home. Mr. Combs said he really had no complaint.
isThe public hearing was closed and discussion returned to the Board of Adjustment
members.
Larry Tompkins felt Mr. McBryde had done an excellent job to improve the
environment, however not adhering to the 25' setback, which required light and
air, plus use of public Right of Way for parking of the cars. Tompkins felt the
property could be used in conformance and would have to vote to deny the request.
Dennis Becker asked if the street mark was 31' and Franzmeier replied "yes".
Becker then said there would be approximately 9' between curb and property dine,
which meant there would be barely enough room to park the car on the pad''. He
felt that was the key to this request and he also would have to vote to deny the
request.
Gerald Boyd asked if all the homes were in alignment on Mock Street and Mills
replied "no", but scattered.
MOTION
Larry Tompkins moved to deny the appeal as requested, seconded by Allred.; The
motion to deny passed 4-0-1, Tompkins, Becker, Allred and Boyd voting "yes" and
Davenport abstaining.
OTHER BUSINESS
isChairman Don Mills announced the appointment of the new Board of Adjustment
member Mr. Deane Davenport.
• Board of Adjustment
February 15, 1988
Page 3
Larry Tompkins felt a letter of appreciation should be written to Sandra Carlisle
for her Technical Services over the past years. Dennis Becker wanted each of the
Board of Adjustment members to sign the letter.
Boyd asked who was handling permits and technical questions and Don Bunn replied
Tessi Franzmeier and that she would only handle the Planning Office for two more
weeks. Boyd asked what Franzmeier's position was and Franzmeier answered
"Planning Secretary". Don Bunn said he had been appointed "acting Planning
Director". Boyd then said there was no one in house that was familiar with the
Codes and Bunn advised Beverly Erwin, Planning Clerk was somewhat familiar with
City Code.
It was agreed upon that in addition to the requested and required on the Board of
Adjustment agenda a third column would be added. The new column would be headed
"DIFFERENCE".
There being no further business the meeting adjourned at about 4:50 p.m.
•