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HomeMy WebLinkAbout1988-09-19 MinutesA meeting of the Fayetteville Board of Adjustment was held on Monday, September 19, 1988 at 3:45 P.M. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas, MEMBERS PRESENT: Robert Waldren, Larry Tompkins, Don Mills and Gerald Boyd MEMBERS a DennisDeane Davenport OTHERS PRESENT: Wanda Blevins, Larry & Deborah Tuttle and Elaine Cattaneo The minutes of August 1, 1988 were approved as distributed. The first item on the agenda was an appeal for a variance in the required building setback submitted by Wanda Blevins of 16 South West Avenue. Application • was to vary the setback on the south side of the property 08". The required setback is 30'. Wanda Blevins stated that she has added a bay window which is intended for a plant window for her mother who is unable to go outside by herself. Gerald Boyd stated that he can't understand her diagram. Ms. BLevins stated that the house faces West Avenue and the plant window is on the Mountain Street side (the south side). The window extends out from the house including the roof overhang 4'8". Mr. Boyd stated that it says she is requesting a 26' 4" setback from where. She answered from the edge of the sidewalk. He stated that it is supposed to be from the edge of the street right-of-way. She stated that the right-of-way is in the middle of the street. Ms. Blevins stated that originally this was a year ago that she started this and thought that it was alright and got the window put in and then :found out that she should have applied for a variance. The information that she had is that for the extension for the window she didn't have to have a building permit as long as it didn't extend past any existing structure. The porch which is just east of that window is 6' wide, therefore, she thought everything was alright. Mr. Boyd asked where she is getting the measurement. She stated that it is from the house to the inside edge of the sidewalk from the rock wall because„she thought that was her property line. Mr. Boyd asked how much land she owns there. She stated that she owns the lot where the house sits which is part of Block 23. • Robert Waldren stated that he wasn't sure that she should have measured from the sidewalk because it may be part of her property. 103 1 • Board of Adjustment September 19, 1988 Page 2 chairman Mills advised that this has to set back 30' from the right-of-way. Ms. Blevins stated that when the inspectors came, they told her that the easement was in the middle of Mountain Street whatever that means. Mr. Boyd asked if she had ever had a survey done on this. Ms. Blevins answered, no, but she does have access to a survey. Mr. Boyd stated that in all likelihood the porch was nonconforming and this is more nonconforming and you can't increase nonconforming. He stated that it appears that there is only a distance of 8' to 10' from the sidewalk. Ms. Blevins stated that the window itself is about 13' 4". Mr. Boyd stated that it isn't 261, Chairman Mills advised Ms. Blevins that they need measurements from the street right-of-way which could well be in the center of the street. Larry Tompkins stated that Mountain Street is 55' wide, so if you take the center of the street then your property line would be 27' back from that and there is where they need the measurement from. He noted that they don't: know if the rock wall is on the property line. Chairman Mills advised Ms. Blevins that she needed to determine from the City office is the middle of the street is the right-of-way here. She noted that they • need the measurement from the middle of the right-of-way to the overhang of the house. Mr. Boyd stated that if she has any plat in her abstract, he would like to see it. MOTION Waldren moved to table this until Ms. Blevins can give them the proper measurements, seconded by Tompkins. The motion passed 4-0-0. Chairman Mills advised that the next meeting is on October 3, 1988, Mr. Tompkins noted that the City Engineer could give you assistance on determining where the right-of-way is. M: The second item on the agenda was an appeal for a variance in the required building setback submitted by Dr. Larry & Deborah Tuttle of 4 Ranch Drive. ,The request was to vary the setback on the south side of the property from 8' to 4'. Dr. Larry Tuttle stated that what they would like to do is build a carport • because they only have a one -car garage. He stated that it would be an open structure just south of the existing garage on the south side. He advised that they would like to do it this way to keep from having to cut down a big elm tree 10` • Board of Adjustment September 19, 1988 Page 3 in their yard. Gerald Boyd stated that they should review what they can do, here without a variance. For one, they could just pave an area along side of the garage. He asked what the rule is about the 5' setback for an open carport. Elaine Cattaneo, the Planning Secretary stated that she believed that rule only applied to nonconforming lots or structures. She referred to page 812 in the Code of Ordinances (Art. 4 , #4 Non -Conforming Structures) where it states that (2) "Carports in residential zones may extend into the required yard setbacks,if: (a) the carport is set back at least ten (10) feet from street right-of-way; (b) the carport is set back at least five (5) feet from any interior side property line; (c) the carport is set back at least ten (10) feet from the rear property line; (d) the area below the roof is open on the sides; and (e) the carport does not materially obstructing vision." Chairman Mills stated that they had looked at something like this over on Vandeventer Street just recently which was a carport with 3 sides open and a 5' setback. Waldren stated that they had determined that they didn't need a variance. They referred to the minutes of the June 20, 1988, meeting where Alfred Einert had asked for a setback variance at 908 N Vandeventer. At this meeting Don Bunn • had stated that this is not a nonconforming lot but it is a nonconforming structure as it sits on the lot. Therefore, Mr. Einert would not need a variance since he had the required 5' setback for this type of situation. Dr. Tuttle stated that drainage shouldn't be a problem there because the lot next to them is about 2.5' to 3' higher than theirs so the drainage would come down to their carport instead of on the neighbor's. Mrs. Tuttle stated that they plan to put railroad ties in and then put the pavement. Mr. Boyd stated that one of the things they try to avoid is the situation where people enclose their garages and then have to add on in order to have a garage. Larry Tompkins advised that since this is not a nonconforming structure they would have to have a variance on this. Chairman Mills asked if they could build a carport around in the back of there house. Dr. Tuttle stated that they have a back porch and a pool back there. Larry Tompkins stated that the safety aspect is his problem with the reduction of the side yard. He asked if they could put a carport in front of their garage. Mrs. Tuttle stated that they would have to cut down some trees to do that. Mr. Tompkins stated that they have to consider light and air also. Gerald Boyd stated that they have to look for a hardship here. If they allow everyone to do it, there would be a problem. • The public hearing was closed and discussion took place among the Board members. 105 • Board of Adjustment September 19, 1988 Page 4 MOTION Mr. Tompkins moved that the petition be denied. The motion died for the lack of a second. Mr. Waldren stated that they might get a clarification on whether this 5' setback applies only to nonconforming structures. Chairman Mills stated that they could get some input from the City Planning Director about this. She noted that she has a meeting scheduled with him later in the week and she could talk to him about this. MOTION Mr. Waldren moved to table this until they can get some input and a better clarification from the Planning Director, seconded by Boyd. The motion to table passed 4-0-0. Mr. Waldren noted that it makes no sense for them to allow someone who has already overcrowded his lot to do this and not allow someone else to. Chairman Mills advised that their next meeting is October 3, 1988. • There being no further business, the meeting was adjourned.. •