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HomeMy WebLinkAbout1994-10-03 Minutes• • • MINUTES 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, October 3, 1994, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Larry Perkins, Marion Orton, Gerald Boyd, Thad Hanna, Craig Rivaldo, and Robert Nickle MEMBERS ABSENT: OTHERS PRESENT: PROTOCOL Mr. Perkins called the meeting to order and explained the format of the meeting. APPEAL NO. BA94-24 - REQUEST FOR A VARIANCE FROM THE REQUIRED BUILDING SETBACKS JOSEPH CANDIDO - 15 W DAVIDSON Lonnie Meadows Tim Conklin, Sharon Langley, and others The first item was Appeal BA94-24 submitted by Joseph Candido for property located at 15 W. Davidson and zoned R-1, Low Density Residential. The request was for a variance from the required building setbacks. The staff had no additional comments to their staff report. Mr. Perkins advised the staff had recommended approval of the request in their staff report. Mr. Robert Buff, representing the applicant, presented information which indicated their proposal. Mr. Boyd contended that, other than the main argument for the proposal being other people in the neighborhood were doing the same thing, there was no reason to grant the request. He pointed out many of the dwellings in the neighborhood were built long before the Code was established. Mr. Candido stated his family had grown too big for the existing house. He added he had contacted the property owners who would be most affected by the proposal and none had expressed opposition to it. In answer to a question from Mr. Perkins, Mr. Conklin advised they could make the approval of the request subject to approval by the City Fire Chief to make sure there was adequate separation. MOTION Ms. Orton made a motion to grant the variance subject to approval by the Fire Chief. The motion was seconded by Mr The motion carried 5-1-0 with "yes" and Boyd voting "no". . Nickle. Orton, Rivaldo, Perkins, Hanna, and Nickle voting aS ► Board of Adjustment/ Sign Appeals October 3, 1994 Page 2 APPEAL NO. BA94-25 — REQUEST FOR A VARIANCE FROM THE ZONING CODE HELEN NOBLES — 1725 WOOLSEY AVE The next item was Appeal No. BA94-25 submitted by Helen Nobles for property located at 1725 Woolsey Avenue and zoned R-1, Low Density Residential. The request was for a variance from the zoning code. Mr. Tim Conklin advised the applicant had requested the variance in order to place a second detached dwelling unit on the lot. He noted R-1 zoning required 70 feet of lot width and 8,000 square feet for each single-family home. He pointed out the subject lot was 86.87 feet wide, 233.44 feet deep, and contained approximately 20,279 square feet. Mr. Conklin added the applicant was advised the second dwelling could not be sold separately from the existing house without a conditional use (tandem lot) and lot split approval from the Planning Commission. He noted the applicant had indicated both houses would remain on the one lot and not be sold off. He advised two single-family dwellings were allowed on one property by ordinance as long as those dwellings would meet the minimum standards for lot width and lot area as separate dwellings. He added the property adjoined single-family homes to the north, south, and east and property zoned for apartments to the west. In response to a request for clarification, Mr. Conklin advised 140 feet of frontage would be needed in order to build two dwelling units on one lot without a variance. In response to further discussion, Ms. Nobles advised she planned to live in the proposed second dwelling and rent the existing one. She advised the neighbors were all made aware of the proposal and she had not heard any opposition. Mr. Conklin suggested any motion made should include a stipulation that any new dwelling be approved by the Fire Chief. Mr. Boyd contended granting the variance would be making a mistake and, in affect, be allowing a duplex on the site. There was discussion with Ms. Nobles regarding a possible technical connection between the two dwellings such as a walkway to make it comply with the ordinance. Ms. Orton stated she did not understand the purpose of that. Mr. Boyd explained the owner would be less likely to try to sell the houses separately. In answer to a question from a Board member, Mr. Conklin advised the Planning Commission had been considering allowing a second -dwelling or guest house in the new ordinance by conditional use. He added it would be several months before passage of the new ordinance. Mr. Conklin advised there had been a recent case where two dwellings units were constructed on one lot and the individual was told it could not be split without approval. He stated the Planning Commission had then denied the lot split, but the owner had gone ahead and obtained a building permit, constructed the house, and was now planning to sell it off separately. He noted that case would be before the Board in two weeks. a�2 Board of Adjustment/ • Sign Appeals October 3, 1994 Page 3 After further discussion, it was suggested it would be better for Me. Nobles to apply for a lot split and a conditional use for a tandem lot through the Planning commission which would allow her retention of ownership of both dwellings with the potential to sell one in the future. The consensus was to table her request to allow time for it to be taken through the Planning Commission for review. • • MOTION Ms. Orton made a motion to table the variance pending the decision by the Planning Commission. The motion was seconded by Mr. Boyd. The motion carried 6-0-0. MINUTES The Minutes of the regular meeting of August 1, 1994 were approved as written. There being no further business, the meeting was adjourned at 5:00 p.m. 2'3