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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. •