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HomeMy WebLinkAbout1991-04-01 Minutes• • • MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Fayetteville Board of Adjustment was held on Monday, April 1, 1991, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: OTHERS PRESENT: MINUTES The minutes of the March 18, 1991 were corrected by changing the motion from granting a ten foot variances to granting a ten foot setback. Upon motion of Larry Tompkins and second of Gerald Boyd, the minutes were approved as corrected. Don Mills, Dennis Becker, Gerald Boyd, Robert Davis, Larry Tompkins and Lonnie Meadows Becky Bryant, Sharon Langley, Randy Ingle and John Ryan APPEAL NO. BA91-3 - REQUEST FOR A VARIANCE FOR BUILDING SETBACKS RANDY INGLE FOR JOHN RYAN, 2062 STUBBLEFIELD ROAD The second item was Appeal No. BA91-3 for a request for a variance from the bulk and area requirements (building setbacks) submitted by Randy Ingle on behalf of John Ryan for property located at 2062 Stubblefield Road. The property is zoned R-1, Low Density Residential. Don Mills explained this item had been tabled at a previous meeting. MOTION Larry Tompkins moved to remove the item from the table. Gerald Boyd seconded the motion. The motion passed 6-0-0. John Ryan and Randy Ingle appeared before the Board. Contractor Ingle explained, that due to personal problems, he had forgotten to get the building permit. Before he could correct the oversight, the building inspector "red tagged" the project. He reiterated his offer of $500.00 for settlement of the matter. Mr. Ingle stated he had measured the property after the last Board meeting, when it had been suggested the garage be moved. He further stated he did not believe there would be enough room to maneuver vehicles if the garage were moved. He pointed out that the option of turning the garage and moving it south would block sunlight to the house. Mr. Ingle explained that, should they be forced to move the garage, the cost estimate he had obtained was $4,500 for removing concrete and installing new footings. Mr. Dennis Becker calculated the figures on the survey map and pointed out there would be enough room to allow a 27 foot radius for turning. Mr. Ingle stated, if the survey were correct, it appeared the garage could be moved. He further stated, however, that in taking the physical measurements of the property, there did not appear to be enough room to allow that large of a turning radius. Mr. Larry Tompkins stated he had asked that they had explore other alternatives for the location of the garage rather than just moving it to the south. He asked if they had done so. Mr. Ingle explained that he had not. He further explained he had reviewed possible locations previously. • 4J / Board of A1991tmen s / 9 r / Page 2 • • Mr. John Ryan then provided the Board with the background of the piece of property, starting in 1907 when the building wasoriginallybuilt. He explained that the previous owners, Rock and Missy Reed, had obtained a building permit in March 1988 to convert the barn into a house. Mr. Ryan further explained, when he purchased the house in October 1990, there was a slab of cement to the left of the front door which was an appropriate place to build a garage. He stated he had signed a contract with Mr. Ingle to build a two-story garage in December 1990 with Mr. Ingle's assurance that he would obtain a building permit. He pointed out another location that had been considered was problematic because both the view and sunlight were blocked. Also according to a realtor, that location would have been detrimental to the value of the property. The Board provided Mr. Ryan with a copy of the original building permit issued in 1988. The original permit did not show any addition at the rear of the structure. Becky Bryant, Associate Planner, pointed out the listing of setbacks on the original building permit and stated the addition appeared to be illegally constructed in the required rear yard setback. Mr. Ryan stated the previous owner claimed the building had been inspected in 1988 during construction, photographs had been published in the newspaper with the addition clearly visible, and there had been no mention that it was in violation of the zoning ordinance. In reply to a question from Don Mills, Mr. Ryan stated that one of the adjoining property owners did not wish to sell a portion of a lot; but, the entire lot owned by Missy Reed on the northwest border of the property was for sale at a cost of $22,000. He further stated that neither of the adjoining property owners objected to the present location of the garage. Mr. Ryan further explained he had viewed alternative locations for the garage. He pointed out he had purchased lot 16, an adjoining lot, for both privacy and investment purposes He stated it would cost approximately $15,500 to erect the garage on that site, plus he would also lose his investment property. He explained other sites would involve relocating the driveway or block the view and sunlight from the house and detract from the property. He stated if the variance were denied, he probably would not built a garage on the property. Mr. Boyd pointed out that, had the variance been requested before construction began, the Board would have denied the variance. He explained he did not believe this was a hardship case. He further stated he believed the previous owner should contribute somehow since they led the buyer to believe he could construct a garage on a designated site. Mr. Davis stated he also believed Mr. Ryan had been influenced on the location of the garage by the previous owner. He further stated he also believed the previous owner should provide some sort of relief. Mr. Tompkins stated he did not feel there was a hardship in the sense of the useability of the land. He explained he believed there were other locations on the lot to build the garage. He explained he feared this could become a tandem lot development in reverse. He stated this was contradictory to the zoning plan. Mr. Becker stated he agreed the garage should stay where it was - if there was an additional 16 feet from lot 15, which the previous owner should contribute for falsifying the permit. He explained the site plan indicated the previous owner had constructed the addition at the back of the house erroneously. He further Board of Adjustments • f.�,� H..rch 10, 1991 CL�, II � rig/ Page 3 • • explained the garage could be built at its present location if the current property owner had an additional 16 feet contributed off lot 15. He stated he believed recourse was with the previous owner. Mr. Tompkins agreed with Mr. Becker and, further, pointed out the kitchen area of the house was also out of compliance. In reply to a question from Mr. Meadows, Mr. Becker explained the additional 16 feet from lot 15 would not solve the problem with the kitchen. Ms. Bryant agreed that this was a difficult problem, that it was an error compounded by misrepresentation. She asked the Board if they had considered the settlement option as an alternative. Don Mills stated she did not believe the Board had the authority to accept the offer. She explained that if the petitioner wanted to appeal, he had the right to take the matter to court, and at that point, if the City Board of Directors wanted to settle, that was their prerogative. She further stated the By -Laws of the Board of Adjustment did not authorize them to accept a settlement. MOTION Mr. Becker moved to not grant the variance. Mr. Davis seconded the motion. The motion passed 6-0-0. Ms. Mills informed Mr. Ryan he had the right to appeal by way of court if he so desired. Mr. Tompkins suggested the Board discuss accepting settlement offers. He stated he believed acceptance of payment as a settlement was contradictory to the zoning ordinance. Ms. Bryant agreed but explained situations. She also pointed out previous situation - Fiesta Park - it did offer an alternative in difficult it could also be a disincentive and cited a which had a major impact on builders. Mr. Davis suggested an annual reminder or meeting for the builders. There was discussion regarding sending out periodic newsletters. It was also pointed out an annual reminder to the Home Builders Association might be of assistance. MOTION Mr. Boyd moved to adjourn the meeting. Mr. Tompkins seconded the motion. The motion passed 6-0-0. The meeting adjourned at 5:00 p.m.