HomeMy WebLinkAbout1990-02-05 Minutes0 MINUTES OF : r BOARD OF ADJUSTMENTMEETING
A meeting of the Fayetteville Board of Adjustment was held on Monday February
5, 1990, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Don Mills, Dennis Becker, Larry Tompkins, Dee Wright, Robert
Waldren and Robert Davis
OTHERS PRESENT: Tom Parks, Freeman Wood, John Merrell, Becky Bryant and
Elaine Cattaneo
John Merrell introduced the new Associate Planner, Becky Bryant. Ms. Bryant
noted that she has an undergraduate degree in Business and a Masters in Urban
Regional Planning from the University of Texas in Austin. She added that she
has been working in Fayetteville for about eight years in real estate and
financial planning.
MINUTES
The minutes of the regular meeting on January 15, 1990 were approved as
distributed.
LATEST COPY OF THE UNIFIED DEVELOPMENT PLAN
Mr. Merrell noted that they have received the latest update of the Unified
Development Ordinance that he would like for all the Board of Adjustment to
review, specifically Article 2 and pages 52-59 of Article 3, Articles 4, 6, 7
& 9. He suggested that, after they review this, the Board of Adjustment and
the staff meet in approximately two weeks without the Planning Consultant to
discuss it. The consensus of the Board of Adjustment was to plan on discussing
the Unified Development Ordinance on February 19th at the regularly scheduled
meeting time.
APPEAL NO. iBUILDING
ERC PROPERTIESn •
The only item of review was appeal No. BA90-2 for a variance from the building
setback submitted by ERC Properties, Inc. and represented by Tom Parks. The
request was to vary the front building setback at 4053 Cambray Drive from the
required 25' to 21.8'. The house is existing and the survey shows it
encroaching by 3.2 feet.
Chairman Mills advised that this item was tabled at the last meeting to give the
staff time to determine if this appeal could be handled administratively. Mr.
Merrell advised that he had reviewed the zoning ordinance and spoke with the City
Attorney, Jerry Rose, and had determined that he, as Planning Administrator, did
• not have that administrative authority.
Mr. Davis stated that ERC Properties has a problem, but he didn't see how the
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• Board of Adjustment
February 5, 1990
Page 2
Board of Adjustment has any responsibility whatsoever to grant a variance.
Mr. Waldren stated that they have encouraged all the builders to do a survey
prior to constructing a building so that they can make sure the setbacks are in
compliance.
Mr. Davis stated that he thought a letter should be sent out to all developers
reminding them of their agreement to be responsible for the setbacks including
the rules on setbacks and make it clear how they deal with them coming in for
a variance after the fact.
Freeman Wood, Inspections Superintendent, stated that the developers under the
last agreement are supposed to handle this themselves if they have a problem with
setbacks not complying and not come for a variance. He presented a copy of a
building permit application which has a" certificate of owner" attached that is
required to be signed and notarized by the owner when the building permit is
approved.
MOTION
Mr. Tompkins moved to remove the appeal from the table, seconded by Wright.
is
The motion passed 5-0-0.
Tom Parks, Representative of ERC Properties, submitted` stamped copies of the
survey with a notation stating that the setback distances shown on the survey
are from the property lines to the building line (wall) and not the overhang.
In answer to a question from Chairman Mills, Mr. Parks stated that there weren't
any other changes to the survey. He further stated that he had received a call
on Thursday from Becky Bryant in the Planning Office requesting some information
regarding the difficulty of getting permanent financing on the house.
Consequently, he asked for an explanation from the lender and has a letter from
the lender. He submitted copies of that letter to the Board.
There being no further questions, the Public Hearing was closed.
Mr. Tompkins stated that he is sorry that it has gone this far, but he feels that
this can be remedied by physically reducing that room to get it back into
conformance. He is opposed to granting the variance.
Mr. Davis stated that he is opposed also and doesn't see any area of conflict
or confrontation between the City and ERC Properties. He noted that the whole
problem is between ERC Properties and the present tenant/owner and they will
have to work out an arrangement. This Board is not here to work out the
arrangement.
Mr. Becker stated that the Certificate of the Owner which is attached to the
• building permit is about as clear as you can get. It is the owner's
responsibility to ensure that the house shall conform to the setback
requirements.
• Board of Adjustment
February 5, 1990
Page 3
In answer to a question from Mr. Tompkins, Mr. Parks stated that it would take
approximately $15,000 to $20,000 to physically bring this house into conformance.
He advised that this house sold for well under $50,000.
NOTION
Mr. Davis moved to deny the variance, seconded by Tompkins. The motion passed
4-1-0 with Becker, Wright, Davis & Tompkins "yes" and Waldren "no".
Becker gave a report on the Planning Commission meetings.
There being no further business, the meeting was adjourned at 4:25 p.m.
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