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.
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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.
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