HomeMy WebLinkAbout1990-08-20 Minutesr-bk MINUTES OF THE
:..•, OF ADJUSTMENT
A meeting of the Fayetteville Board of Adjustment was held on Monday, August 20,
1990, 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, Dennis Becker, Gerald Boyd,
Robert Davis, and Dee Wright
r+ r
OTHERS PRESENT: Becky Bryant and Dennis Caudle
APPEAL NO. BA90-12- VARIANCE FROM BUILDING SETBACKS
XDENNIS CADDLE - 4559 WEDINGTON
The only item on the agenda was Appeal No. BA90-12 for a variance from the
building setbacks submitted by Dennis Caudle for property located at 4559
Wedington and zoned A-1, Agricultural.
Dennis Caudle stated that he bought this house in December of 1985. It had been
remodeled prior to that and didn't have a garage. At this time, he wants to add
a garage on the west side. He explained that, when he came to the Planning
Office to obtain a building permit, he learned that his property was zoned A-1
which has a 20' side setback requirement. His lot is small(only 115' wide),
so there isn't enough room, if he builds a garage on the west side for a 20'
setback. There doesn't seem to be another way they could construct this garage
properly for appearance and other factors anywhere else on the property.
isChairman Mills stated that it seems they have ample room at the back of the house
for a garage. Mr. Caudle stated that there are some problems with that. The
right end of the back of the house is two-story, and the pitch roof is angled in
such a way that it couldn't be hooked on to without covering up the windows.
Also, there is a deck which would be in the way. He advised that there are
three trees along the property line which would make it difficult to swing very
wide in a vehicle to go around to the garage if it were in the back.
In answer to a question from Chairman Mills, Mr. Caudle stated that the deck is
about 38' long and covers a large portion of the back of the house.
Mr. Tompkins stated that he drove the area and counted eleven residences near
this property. He asked if there is a reason why Mr. Caudle doesn't want to
petition for a rezoning to R-1. Mr. Caudle stated that all the area along 46th
Avenue is developed as residential. He commented that he isn't opposed to a
rezoning on his property, because it would serve his purposes.
Chairman
Mills asked if there
was anyone
in the audience
wanting
to speak in
favor or
in opposition to this
request.
There being no
response,
the public
hearing was closed.
Mr. Davis recommended that they deny the request and have the applicant go back
to the Planning Office to request a rezoning.
Mr. Becker stated that he disagrees with the staff s recommendation and with the
idea of a rezoning. One of their criteria is whether or not there special
conditions or circumstances which are peculiar to the land. In this case, a
residential lot in the middle of an A-1 zoning would be peculiar. It was
annexed into the City as A-1 zoning, which requires a minimum of 200' of frontage
and a minimum of 2 acres of land. This lot only has 150' of frontage and .7
acres. He commented
that
all of the problems that
necessitate
a 20' setback
were instigated by the
•
City
to start with. It is an
R-1 piece of property and
should have been zoned
that
way when it was annexed.
The City
is asking Mr.
/0D\
• Board of Adjustment
August 20, 1990
Page 2
Caudle to conform to A-1 requirements when it isn't even an A-1 lot. There are
special conditions on this property.
NOTION
Mr. Becker moved to grant the variance as requested (a 13' building setback on
the west side) with a recommendation to the Planning Commission to look into the
R-1 zoning for this lot, seconded by Tompkins. The motion passed unanimously.
Becky Bryant stated that part of the reason land is annexed into the City as A-1
is because annexations are handled totally separate from land use issues.
Mr. Tompkins stated that the majority of the City's annexed land is residential.
He noted that the zoning of annexed property is a policy question that the
Planning Commission should look into.
There being on further business, the meeting was adjourned.
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