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HomeMy WebLinkAbout1992-08-03 MinutesMINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Fayetteville Board of Adjustment was held on Monday, August 3, 1992, at 3:45 p m in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Gerald Boyd, Marion Orton, Robert Davis, Larry Perkins and Thad Hanna Don Mills and Lonnie Meadows Alett Little, Sharon Langley, Rick Rose, Ramona Lamb (Whitfield Construction) and others APPEAL NO. BA92-16 - REQUEST FOR A VARIANCE OF AREA AND BULK REQUIREMENTS RICK ROSE - 2086 ARMSTRONG AVE. The first item to be heard was a request for a setback variance on property located at 2086 Armstrong Avenue presented by Rick Rose. The property is zoned I-2, Heavy Industrial. Ms Little explained the building project consisted of an addition of an existing facility to construct a 30 x 25 foot steel building. She stated at the time the building permit had been issued (June 9, 1992) the required setbacks had been noted on the building permit and the usual signature obtained. She noted the Certificate of Owner, in which setbacks are further referenced as the responsibility of the owner, was also signed. She stated construction had been initiated on the building and, at the time the footing inspection was called for (June 18, 1992), there were in inspectors available to perform the inspection. She noted absence of the inspectors was due to one inspector performing his summer camp requirement for the National Guard and the other two attending the state plumbing school which is a mandatory requirement of the state. She explained that, during the school each year, rather than hold up construction on all projects while no inspectors are available to do inspections, the office takes the information and in all routine situations gives a verbal approval to proceed to the next phase of construction without an inspection. Ms. Little explained the existing building sat on the lot at an angle and there was ample setback at the front of the lot. She further explained that, due to the angle of the building, there would have been no way to have constructed an addition without encroaching into the setback if the side of the building was straight (in line). She pointed out they were setback 20 feet and were asking for a five foot variance. Ms. Little recommended approval of the request because she believed the encroachment was not intention. She stated the City was not responsible for measuring the setbacks, that was the responsibility of the property owner. Mr. Boyd pointed out the survey was dated in April, 1992 but the building permit had not been purchased until June, 1992. He asked why the property owner did not note there would be an encroachment. 11- Board of Adjustments T.. a99n 4uit.573, II?Z Page 2 Mr. Rose stated he had not had a copy of the survey; that it had been at the mortgage company. In response to a question from Mr. Davis, Mr. Rose explained the addition had been constructed for D & C Electric however the agreement had fallen through. He stated there was now interest by Layer's Marine in leasing the building. He pointed out the original building had been constructed in line with the road. He further stated the building would not be added to again in this area. Mr. Boyd pointed out it had been Mr. Rose's responsibility to determine the property lines; that property owners had that responsibility. Ms. Lamb stated it would have been unfeasible, due to the 112 pitch roof line, to direct the addition any other direction. In response to a question from Ms. Little, Mr. Rose stated they were ready to complete the inside of the addition, and install heating. He further stated he did not want to spend any more money on it until he knew the outcome of their request. Ms. Lamb stated that, in the future, should this problem arise again, she would ask for the variance before erecting the addition. She stated this was the first building of this type they had erected. Ms. Orton noted that should they grant the variance it should only be to the extent that it is violated at this time. Mr. Boyd stated this was the first time the applicant had appeared before the Board. He recommended the next time there was a setback problem the builder apply for a variance before a building was erected, not after. He stated it was the property owner's problem and the property owner's duty to get the building on the lot without encroaching on the setbacks, not the inspector's. MOTION Mr. Davis moved to grant the variance, to the extent of the present encroachment. Ms. Orton seconded the motion. The motion carried unanimously. APPROVAL OF MINUTES Mr. Boyd asked if there were any corrections or additions to the minutes of the July 20, 1992 Board of Adjustment meeting. Mr. Perkins moved to approve the minutes. Ms. Orton seconded the motion. The motion carried unanimously. The meeting adjourned at 4:10 p.m. • •