HomeMy WebLinkAbout1988-06-20 MinutesHIM= 1' THE BOARD 1' ADJUSTMENT MEETING
A meeting of the Fayetteville Board of Adjustment was held on Monday, Jame 20,
1988 at 3:45 p.m. in Room 111 of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Don Mills, Larry Tompkins, Gerald Boyd, Jerry Allred, Dennis
Becker, Robert Waldren and Deane Davenport
1 11.,' G Don Bunn,•. Einert and Blaine CattanpM
The minutes of the June 6, 1988 meeting were approved as distributed.
APPEAL •
1 1 :1', SETBACK
:U :'1• :,' 908 11 : p 'ul
The only item of consideration on the agenda was a request for a variance in the
required setbacks, application submitted by Alfred E. Einert of 908 North
Vandeventer, part of Lot 23, Block 2 of Wilson -Adams Addition and zoned R-1.
Request was to vary the setback on the north property line from the required 8'
to 5' to be able to build a carport.
Alfred Einert stated that he would like to add a two car carport to the north
side of his house and in order to do that he would like to come within 5' of the
north property line. He stated that he had submitted elevation drawings as well
as planned drawings of the structure which will be attached to the house. It
will be a composition roof supported on the north side by posts. It will be open
with no enclosed walls. The roof pitch will be the same as the house. He
advised that he is asking for this primarily because these lots are narrow and as
you can see on the south side of the property, there is only 5' from the existing
structure and his present garage is 7' from the property line. He stated that he
has a fence on the north property line and at present he is parking a vehicle
upto the property line so by adding the carport he will actually use less of the
property for vehicle storage.
• Chairman Mills asked if
the Board
members had
any
questions.
She
asked
if Mr.
Einert had measured the
side of the
carport next
to
the house
from
the
side of
CI
• Board of Adjustment
June 20, 1988
Page 2
• the house or from
the overhang
of the roof.
Mr. Einert answered that
his house
has no overhang but
this carport
might have
a little more for a
good, roof
construction. He said he would
do whatever is
allowed.
Chairman asked
if he measured the
5' from the side of the carport
or from the
overhang of the
carport. Mr. Einert
answered that he measured from
the side of
the carport.
Chairman Mills asked
if he would have an overhang on
the carport.
Mr. Einert answered that he would like one. Gerald Boyd stated that
the variance
he needs would
include any overhang.
Don Bunn stated that the setback is 8', where the 5' comes in is where there is a
nonconforming structure on the lot and they can on, a nonconforming structure,
add a carport as long as they can keep a 5' setback.
Robert Waldren asked Don Bunn if this would qualify as a nonconforming structure.
Don Bunn answered that this is a nonconforming structure, apparently, because
there is a 5' setback on the other side and the garage has only a 7' setback.
Gerald Boyd asked if the nonconforming consideration is in the Code or decided
administratively. Don Bunn answered that it was in the Code.
• Dennis Becker stated that they have dealt with a few houses in the neighborhood
and he believes that the original setback is 5' and there are, alot of houses in
the area that have the 5' setback. The 8' is a superseding setback from the
original setback.
Mr. Waldren asked Mr. Einert how wide his lot is. Mr. Einert answered that this
property was surveyed when he bought it in April and he submitted a copy of the
survey to the City.
Don Bunn stated that the lot is not a nonconforming lot, but the structure as it
sits on the lot is nonconforming. On nonconforming structures carports in
residential zones may extend in the required yard setback if the carport is set
back at least 10' from street right-of-way and the carport is set back at least
5' from any interior side property and the carport does not materially obstruct
vision. He advised that he had not realized that it was a nonconforming
structure. He asked Mr. Einert how old the house was. Mr. Einert answered about
45 years old. Don Bunn stated that if that 5' is from the overhang it will be
alright, but if the 5' is from the side of the carport and you have an overhang,
you would need a variance.
Gerald Boyd noted that as long as it is a carport and not a garage and the roof
• doesn't go any closer than 5', you can do it without the variance.
Don Bunn advised that he had not picked up the fact that it was already a
nonconforming structure.
• Chairman Mills asked Mr. Einert if he could work the 5' setback from the
overhang. Mr. Einert answered, yes. He said the only thing that is difficult is
•
11
•
•
Board of Adjustment
June 20, 1988
Page 3
that he is not sure exactly where the property line is there except off the
survey. Mr. Waldren advised that when it was surveyed, they should have pinned
it. Mr. Einert answered that he was sure they did, but they pins were apparently
removed.
Don Bunn advised
that
the carport has
to
be
open
on three
sides, it
can't have a
solid wall in it.
Mr.
Einert stated
that
he
had
submitted
drawings
showing that.
Chairman Mills clarified that the carport was going to open on all sides except
the south. Mr. Einert answered, yes. She advised that if he has a 5' setback,
then he doesn't need a variance. She advised him to be sure that he keepsthat
overhang back 5'.
Mr. Einert
asked if
he would
get his $25.00
fee
back
since a variance wasn't
necessary.
Don Bunn
answered
that he would give
that
back
to him.
There being no further business, the meeting adjourned about 4:00 p.m.