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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. • • M