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HomeMy WebLinkAbout1992-03-16 MinutesMINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Fayetteville Board of Adjustment was held on Monday, March 16, 1992, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Dennis Becker, Gerald Boyd, Don Mills, and Marion Orton MEMBERS ABSENT: Lonnie Meadows, Robert Davis and Larry Tompkins OTHERS PRESENT: Alett Little, Sharon Langley, Mark Marquess, and others PROTOCOL Ms. Don Mills called the meeting to order. She explained the format of the meeting. She further explained that the purpose of the Board of Adjustment was to authorize such variances from the zoning book and area regulations as would not be contrary to public interest where, owing to a special condition, literal enforcement would result in unnecessary hardship. APPEAL NO. BA92-8 - REQUEST FOR A VARIANCE OF AREA AND BULK REQUIREMENTS BMP DEVELOPMENT - 323 REDBUD LANE The first item to be heard was a request for a setback variance on property located at 323 Redbud Lane, presented by Mark Marquis on behalf of BMP Development. The property is zoned R-2, Medium Density Residential. Ms. Alett Little explained the structure encroached approximately 16 inches into the side setback. She further explained she would be addressing both this variance request and also BA92-9 since the properties backed up to each other. She pointed out the encroachment on Mimosa Lane was approximately 20 inches. She showed the Board the alignment of the lots. Ms. Little explained these tracts were in a moderate income subdivision (Fiesta Park) with small lots. She informed the Board that the developer had surveyed the entire subdivision at one time and then the lots were strung when they were ready to build. She explained the crews had pulled from the wrong pin when they were laying out the lots. Ms. Little stated that, since the structures were already built, and the builder had not purposefully encroached into the setbacks, she recommended approval of the requests for variances. Mr. Marquis explained that, while they take as many precautions as possible, there were mistakes. He further explained sometimes a pin was removed when the tract was being graded or by children playing in the area. He stated the two homes were built at the same time with the boundaries marked at the same time. He further stated his employees were aware of the importance of the setbacks but made an error in judgment on these two houses. Mr. Marquis stated the mistake had been found on the final survey after the houses were built. He explained they had immediately contacted the City when the error was found. He further noted the area that encroached was the corner of the livingroom. He explained that to lose that portion of the house would create a hardship for the property owners. He further pointed out that the total area of encroachment was less than one square foot. He also noted there were no adverse problems for the utility companies because there were no easements along the subject lot lines. In response to a question from Mr. Boyd, Ms. Mills noted the Board had granted a variance on one of the first homes in the subdivision. Ms. Orton stated she had no problems with the request. Mr. Becker pointed out the actual square footage of encroachment was a strong point in the applicant's favor. He stated it was not a continuous encroachment along the property line. 31 Board of Adjustments March 16, 1992 Page 2 Mr. Becker also noted some of the houses in the subdivision had brought their fences to the front property lines, adjacent to driveways. He explained there was almost no sight distance. He suggested that in future additions the covenants address safety regarding fences. Mr. Marquis stated he had spoken with two property owners whose fences extended almost into the street. He explained they had offered to assist the property owners because the developer was also concerned with the safety. Ms. Langley, Planning Department, pointed out the code required any fencing on corner lots to be angled so there would be sight distance. MOTION Mr. Becker moved to accept the variance at the corners of the existing construction as indicated on the survey for the property located at 323 Redbud Lane. Mr. Boyd seconded the motion. The motion passed unanimously. APPEAL NO. BA92-9 - REQUEST FOR A VARIANCE OF AREA AND BULK REQUIREMENTS BMP DEVELOPMENT - 322 MIMOSA LANE The other variance request was for area and bulk requirements (setbacks) for property located at 322 Mimosa Lane, presented by Mark Marquis of BMP Development. The property is zoned R-2, Medium Density Residential. Mr. Marquis explained the subject tract was the abutting tract to the previous variance request. Mr. Becker stated the encroachment on 323 Redbud was really 19 inches and the encroachment at 322 Mimosa Lane was really 16 inches. MOTION Ms. Orton moved to grant the variance request for the corner of the house. Mr. Boyd seconded the motion. The motion passed unanimously. MINUTES Ms. Mills asked if there were any corrections or additions to the minutes of the regular Board of Sign Appeals Minutes of March 2, 1992. Ms. Orton stated in the second paragraph in the request for variance read: "...to permit two bulletin boards." She stated it had been four bulletin boards, not two. She also noted that under Committee Reports it should have read "Ms. Orton informed the Board she had contacted the former City Attorney, Jim McCord, since he had defended the Fayetteville sign ordinance through the courts. She explained she had asked if there were a legal reason why off-site signs should not be deleted from the ordinance. Mr. McCord told her it was a policy,decision, not a legal matter." She explained it was important to her that there was no legal reason the off-site signs should not be deleted from the ordinance. Mr. Becker stated that on page 2 Mr. Joe Howell was referred to as the architect for the Walton Arts Center instead of landscape architect. • • • Board of Adjustments March 16, 1992 Page 3 Mr. Becker also stated on page 5 the minutes read: "Mr. Becker noted an as -built survey was worth nothing." He stated he believed he had said "the as -built survey" referring to the one Mr. House had, which was worth nothing because it had a disclaimer that it was not a platted survey. Ms. Orton stated there was another correction on page 5 which should read "eliminate interpretation of the code regarding off-site signs..." The minutes were approved as corrected. OLD BUSINESS John Merrell Letter Mr. Becker stated Mr. Tompkins had asked him to find out if the letter to John Merrell was complete. Ms. Langley stated the letter was typed but had not been printed off. Mr. Becker stated he would pick the letter up and circulate it. Membership of Board of Adjustment Mr. Becker pointed out there could be new members on the Board by the next meeting. In response to a question from Mr. Boyd, Ms. Mills explained there were two vacancies to be filled on the Board. She further stated the two members had re- applied and the Board of Directors would determine who would fill the two vacancies at the Board meeting on Tuesday, March 17, 1992. She stated the vacancies were Larry Tompkins, who had served two consecutive terms, and Denny Becker, who had not served two consecutive terms. She explained there had been an error on Mr. Becker's term, he had served one part of an unfilled term. Mr. Becker stated he had not served two consecutive five year terms but had a two year term for some strange reason. By -Laws In response to a question from Ms. Mills, Ms. Langley stated she still had not finished typing the last draft of the by-laws. NEW BUSINESS Greg House Matter In response to a question from Mr. Becker, Ms. Langley stated she did not know the status of the Greg House matter. She explained the Board of Directors had agreed to settle the matter for $1,000 but she did not know if Mr. House had agreed to that figure. Mr. Boyd asked where the money went on items such as this. Ms. Langley stated she believed it went into the general fund. Ms. Mills stated at one time it had been suggested the money go into Parks and Recreation but she did not believe that had ever been done. The meeting adjourned at 4:15 p.m. 33