HomeMy WebLinkAbout1991-03-04 Minutes•
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MINUTES OF THE BOARD OF ADJUSTMENT MEETING
A meeting of the Fayetteville Boards of Adjustment was held on
Monday March'fi, 1991 at 3:45 p.m. in Room 111 of the City
Administration Building, 113 West Mountain Street, Fayetteville,
Arkansas.
MEMBERS PRESENT: Gerald Boyd, Dennis Becker, Larry Tompkins,
Don Mills, Bob Davis
MEMBERS ABSENT: Dee Wright
APPEAL BA91-3--SETBACK VARIANCE
JOHN & CHRISTINE RYAN --2062 STUBBLEFIELD RD.
The first item of consideration was an appeal requested by Randy
Ingle on behalf of John and Christine Ryan to vary the rear setback
from 20 feet to 4 feet 2 inches.
Randy Ingle, builder, stated the problem was that the garage had
been constructed too close to the back property line. The Ryans
had assumed that they would be able to build a garage on the
massive slab constructed by the former owners. Then there was a
misunderstanding between him and the Ryans about who would get the
building permit. Thus, construction was started without a permit.
He sent the framers out one day and the next day a stop work order
was issued.
Mr Ingle stated that he disagreed with the findings of the staff.
He thought that it was true that special conditions existed that
were peculiar to the structure or building, because a 9 inch slab
had already been poured. Ingle also thought it was true that
literal interpretation of the ordinance would deprive the applicant
of rights commonly enjoyed in the district, because every other
property owner has a two -car garage. In a sense, he admitted that
the circumstances did result from the actions of the applicant,
because he had gotten the cart before the horse. But Ingle
commented that they would have ended up at the Board of Adjustment
even if they had requested the building permit first. Lastly, he
argued that the variance would not confer special privileges on the
applicant, because other nearby property owners had signed an
affidavit that they thought the garage was o.k.
Larry Tompkins asked for clarification of the dimensions of the
garage. Ingle stated it was 27 X 22. Tompkins asked how far the
original house was from the property line. Mr. Ryan stated that
the old farm house, now owned by their neighbors, was about 150
feet away. Tompkins also asked what it would take to make the
thinner slab to the south of the garage usable for a foundation.
• Ingle said he would have to remove the existing concrete and add a
footing to the tune of about $2,600-3,000.
Gerald Boyd asked for clarification about the thickness of the slab
on which the garage sits. After some discussion, Ingle admitted
that it was 9 inches at the edge but only 6-7 inches in the center.
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Larry Tompkins expressed concern about the intensity of development
vis-a-vis what could happen when the adjacent properties to the
west were developed. Tompkins suggested that there was adequate
space to move the garage to the southeast.
Mr. Ryan said he didn't think the Ryans could afford to do that.
He was of the opinion that lots 16 and 17 of Hemingway Ridge would
be developed like the rest of the subdivision and that the garage
would not detract from future development.
In answer to a question, Ingle stated it would not cost the Ryans
anything to remedy the situation, because he would cover his
mistake.
Dennis Becker asked how the property line to the south of the
garage, running east -west, would be treated. Becky Bryant stated
that it would be considered a side property line and that the
required setback was 8 feet. Becker commented that the survey was
not signed. Ingle brought out a signed version, and Becker noted
there were discrepancies. Becker asked why the Ryans had decided
to construct a garage where they did. Ms. Ryan said she had just
assumed that the Reeds were going to put a garage there but didn't
because they ran out of money. Becker asked Ingle if he had ever
mentioned setbacks to his clients. Ingle stated that it just
hadn't dawned on him that there was an existing slab that didn't
meet setbacks. Bob Davis pointed out that slabs do not have to
meet setbacks.
When asked whether he wished to make a comment, Mr. Ryan said that
he wants to build a garage and doesn't think it will impede anyone.
Tompkins asked about the remodeling of the barn into a house. If
the house was allowed to be remodeled within twelve feet of the
property line, would that mean that there would be a 12 foot
variance for the garage by incorporation.
Mills and Becker were concerned about how the house had been
remodeled, since the ordinance required that any house that is more
than 50% rebuilt must be brought into conformance with the code.
Bryant stated that she had not pulled the old lot split files or
the building permit for the renovation. She suggestion that the
Board could table the issue until the next meeting, if so desired,
and she would look into those matters.
• MOTION
Tompkins moved to table the item until the next meeting. Davis
seconded. The motion to approve passed 5-0-0.
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Mills suggested that the Ryans contact their neighbors to the north
and attempt to purchase a strip of property that would bring the
garage into conformance. Mills also requested that staff pull the
lot split file (if there was one), locate the original building
permit for the barn remodeling, and provide Board members with the
plat of Hemingway Ridge subdivision. She also requested that Ingle
clarify discrepancies in the survey.
OTHER BUSINESS
Mills suggested that the bylaws should be amended by adding the
wording "An abstention shall not be construed either to go with or
against the motion." The motion to approve passed 5-0.
Boyd and Davis stated they would look at Board of Sign Appeals
bylaws after April 15th.
Mills commented that there were three openings for the Board of
Adjustment and asked Becker and Tompkins to review applications and
make recommendations to the Board of Directors.
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