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HomeMy WebLinkAbout1994-07-18 MinutesMINUTES OF THE BOARD OF ADJUSTMENT AND THE BOARD OF SIGN APPEALS A meeting of the Fayetteville Board of Adjustment/Sign Appeals was held on Monday, July 18, 1994, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Craig Rivaldo, Larry Perkins, Marion Orton, and Thad Hanna MEMBERS ABSENT: Gerald Boyd and Lonnie Meadows OTHERS PRESENT: Tim Conklin, Marianne Ezell, Glenn Sowder, Dale Holland and others PROTOCOL Mr. Perkins called the meeting to order and explained the format of the meeting. APPEAL NO. BA94-17 - REQUEST FOR A VARIANCE FROM THE REQUIRED BUILDING SETBACKS GLENN SOWDER, MOLLY CT TOWNHOUSES - S OF NORTH ST, W OF GREGG AVE The first item was Appeal No. BA94-17 - a request for a variance from the required building setbacks submitted by Glenn Sowder for property located south of North Street, west of Gregg Avenue and zoned R-2, Medium Density Residential. Mr. Tim Conklin advised the request was to allow a 15 -foot front setback instead of the required 25 -foot setback from the front property line. He stated the site was approved for a large scale development in April of 1994 and added the applicant would like to dedicate to the City a 10 -foot wide - 80 -foot long strip of right-of-way along the north property line for a future bus turn -out. He noted the proposed turn -out was not a requirement for the large scale development approval, but was requested by the applicant. He also stated the applicant did not plan to construct the turn -out at the current time or in the immediate future. He advised the City also did not have any plans to construct the turn- out at the current time or in the immediate future and noted that Razorback Transit did not currently plan to stop at this location. Mr. Conklin advised the staff's recommendation was to approve the variance subject to the use currently shown on the large scale development plan (i.e. not for enlargement of current buildings). He noted the staff felt the proposed dedication would preserve an area on North Street for a bus turn -out to be constructed sometime in the future. Mr. Sowder advised when the bus turn -out was constructed, his building would set 15 feet from the street instead of 25 feet. He added perhaps the Highway Department could be convinced to put it in while they were working on the street. He noted the University of Arkansas did not have transportation services at that location, but they would have to extend service there soon. Mr. Conklin explained one good reason for having bus service available at that location was that Mr. Sowder's development provided apartments for the handicapped. Mr. Rivaldo asked if there would be people parking on the site until the bus turn -out was utilized. Mr. Sowder advised he planned to put up no parking signs. In response to further comments, Mr. Sowder advised he wanted to dedicate the area to the City so that they would be responsible for it. After further discussion, Mr. Hanna stated it was his opinion that the bus stop for mass transit was a good idea. 4263- Board of Adjustment/ Sign Appeals July 18, 1994 Page 2 MOTION Na. Orton made a motion to approve the variance as requested. The motion was seconded by Mr. Hanna. The motion carried 4-0-0. • • • Board of Adjustment/ Sign Appeals July 18, 1994 Page 3 APPEAL NO. BA94-18 - REQUEST FOR A VARIANCE FROM THE REQUIRED BUILDING SETBACKS DALE HOLLAND- 2711 WOODCLIFF RD The next item was Appeal No. BA94-18 - a request for a variance from the required building setbacks submitted by Dale Holland for property located at 2711 Woodcliff Road and zoned R-1, Low Density Residential. Mr. Rivaldo advised he would be abstaining from this issue. Mr. Conklin advised the request was to allow a 23 -foot front setback instead of the required 25 feet from a front property line. He stated construction of the subject structure resulted in an encroachment into the required front setback and noted the applicant stated in the variance application that the curve in the street and the steep slope of a drainage area across the back of the lot caused difficulty in measuring setbacks and resulted in an unintentional encroachment. He noted the house was constructed at an angle but generally was aligned with the road; however, the road curved at about the center of the structure causing the need for the variance. Mr. Conklin advised the west and east front corners of the house did meet the required 25 -foot setback, but approximately 70 square feet of the front of the house encroached into the required setback. He advised the building permit was issued in July, 1993 with the house recently being completed and explained the site plan submitted along with the building permit application did show the structure to be properly located within the setback. He added the house was on a corner lot and was required to have two 25 - foot setbacks. He pointed out the portion of the house located within the encroachment was not visibly noticeable within the neighborhood because of the curve in the street and the terrain of the site. He stated the staff's recommendation was to approve the requested variance because the encroachment of the house into the setback was insignificant and contended requiring the owner of the house to physically remove that portion of the house within the setback would not serve any purpose for the neighborhood or the City. Mr. Dale Holland advised he simply made a mistake, although he had measured everything, because he was trying not to encroach on drainage easements and trees. He explained they did not want to delay the buyer moving into the house because the mistake had not been blatantly made and none of the neighbors had noticed it. MOTION Ms. Orton made a motion to grant the variance for the lifetime of the building. The motion was seconded by Mr. Hanna. The motion carried 3-0-1 with Mr. Rivaldo "abstaining". MINUTES The minutes of the regular Board of Adjustment/Sign Appeals meeting of June 20, 1994 were approved as written. 0267 • • • Board of Adjustment/ Sign Appeals July 18, 1994 Page 4 OTHER BUSINESS Ms. Orton requested a report at the next meeting from the Sign Inspectors on signs they had inspected since the time the Inspections Department had relocated under the Mayor's Office. She advised that specifically she was interested in any signs which might have been approved which did not meet the sign ordinance. There being no further business, the meeting was adjourned. 026