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.
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Board of Adjustment/
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July 18, 1994
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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.
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Board of Adjustment/
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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.
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Board of Adjustment/
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July 18, 1994
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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.
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