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HomeMy WebLinkAbout1991-03-04 Minutes• • • 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. • • 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. • • 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. •