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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.