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HomeMy WebLinkAbout1991-10-07 Minutes• • MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Fayetteville Board of Adjustment was held on Monday, October 7, 1991, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Gerald Boyd, Don Mills, Robert Davis, Larry Tompkins, Lonnie Meadows, and Marion Orton MEMBERS ABSENT: Dennis Becker OTHERS PRESENT: Freeman Wood and Sharon Langley AGENDA Mr. Larry Tompkins called the meeting to order. He reviewed the agenda and stated under New Business he believed they needed to clarify their ideas on the decisions by the Board of Directors to settle numerous Board of Adjustment cases. Mr. Boyd stated he had comments regarding the amendment of the sign ordinance. He explained he did not agree with the way it had been amended. The Board unanimously approved the proposed agenda. MINUTES Ms. Orton stated that on page 3 of the minutes of the Board of Adjustment meeting of September 16, 1991 the first paragraph should read "had characteristics of controlled access" rather than "this street was a controlled access". Ms. Mills moved to approve the minutes as corrected. Ms. Orton seconded the motion. The motion passed unanimously. COMMITTEE REPORTS There were no committee reports. NEW BUSINESS Mr. Davis stated that sometime ago the Board had contacted builders and developers in the area regarding terms of compliance with building setbacks. He stated he believed Planning staff should be the entity to contact the builders, not the Board. Ms. Mills explained the meeting had not been called by the Board of Adjustment. She further explained the planning staff had called the meeting and she had been present to explain the problems the Board had been having to the builders and developers. Mr. Wood explained that, in order to solve problems with building setbacks, the Board had discussed requiring surveys to be filed with the building permit. Public meetings were held regarding amending the ordinance. The builders were opposed to the amendment and, as a compromise, the city and builders had agreed to the present building permit format with a plot plan on the back of the form and the owner of the property certifying that the building would be located as reflected on the plot plat and would comply with all setback requirements. He gave the Board members a copy of a building permit. • Mr. Davis expressed his belief that there should be some form of disciplinary action for violations. He gave as an example the Ryan case where there was an Board of Adjustments aiPtentamarawatir 10-1-g/ Page 2 addition on the building that was never on the plot plan. He suggested the builder should at least receive notice that any future applications will have to be verified by a surveyor. Mr. Wood stated while he agreed with Mr. Davis, he did not think legally they could single out a particular builder. Ms. Mills asked if they could legally do something after a person has received two or three violations. Mr. Wood stated they would need to ask the city attorney. He stated they could not refuse to issue a building permit to someone because they had a violation at another site. Mr. Tompkins reviewed the three phases in the planning process: plan development, plan for implementation and the evaluation process. He explained implementation of the comprehensive plan was the job of the Board of Adjustment. He stated they must establish policy and the approach they would use. He described various implementation plans performed by other cities across the country. He expressed his belief their role was to protect the community. He stated he was interested in what the Board of Directors saw as their role - representation of the individual or the community. Ms. Mills stated she believed the Board of Adjustment needed to be concerned with individual rights and the Planning Commission took care of community rights. She expressed her belief the problem related to enforcement of the ordinances. The Board and Mr. Wood then discussed various methods of enforcement. Mr. Wood stated that on new construction the utilities were not turned on until code was met but the only avenue open to them on existing construction was a stop work order. The Board also discussed the numerous settlements the Board of Directors have recently been making with regarding to denied Board of Adjustment cases. The meeting was adjourned.