HomeMy WebLinkAbout1991-04-01 Minutes•
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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.
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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
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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.