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HomeMy WebLinkAbout1994-11-21 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, November 21, 1994, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Larry Perkins, Gerald Boyd, Thad Hanna, Marion Orton, Robert Nickle, and Lonnie Meadows MEMBERS ABSENT: Craig Rivaldo OTHERS PRESENT: Tim Conklin, Alett Little, Sharon Langley, and others PROTOCOL Mr. Perkins called the meeting to order and explained the format of the meeting. APPEAL NO. BA94-32 - REQUEST FOR A VARIANCE FROM THE REQUIRED BUILDING SETBACKS FAYETTEVILLE YOUTH CENTER - 915 CALIFORNIA BLVD The first item was Appeal BA94-32 submitted by the Fayetteville Youth Center for property located at 915 California Boulevard and zoned P-1, Institutional. The request was for a variance from the required building setbacks. Mr. Conklin advised the Youth Center would like to expand their existing facility with an addition to the west side of the building. He advised there was a prior right-of-way for Delaware Avenue which had been vacated. He noted there was approximately 30 feet of distance between the proposed addition and the existing house which was used for a church meeting place. He stated the staff recommended approval of the request. Mr. Dale Clark, representing the Youth Center, was present. In answer to a question from Ms. Orton, Mr. Conklin advised the request was for a 4 -foot variance to the side yard setback reducing the setback to 21 feet instead of the required 25 feet. In answer to further questions from Ms. Orton, Mr. Clark advised there was a drainage problem they would have to address by installing the drainage underground. MOTION Ms. Orton made a motion to grant the variance. The motion was seconded by Mr. Hanna. The motion carried 6-0-0. a, Board of Adjustment/ Sign Appeals November 21, 1994 Page 2 APPEAL NO. BA94-33 - REQUEST FOR A VARIANCE FROM THE REQUIRED BUILDING SETBACKS DARAN JOHNSON - N END OF DOCKERY LANE The next item was Appeal No. BA94-33 submitted by Daran Johnson for property located at the north end of Dockery Lane and zoned R-2, Medium Density Residential. The request was for a variance from the required building setbacks. Mr. Conklin advised the applicant had obtained approval of a Large Scale Development Plan to build six duplexes on the site subject to a 50 -foot right-of- way dedication along the south boundary line for a future street. He explained that, due to the 50 -foot right-of-way being dedicated, the entire project had been redesigned in order to fit the same number and size of units on the site. He added that, due to the applicant being unaware the building setback was measured from the eave of the structure (not the footing), the footing for one building had already been poured which had only a 7 -foot building setback. He advised the staff recommended approval of the variance request. In answer to a question, Mr. Conklin advised eventually the right-of-way would hook into Cherry Street to provide a loop. In answer to further questions, Mr. Conklin advised the variance would allow an 18 -foot rear setback on the north boundary line and a zero setback from the south property line next to the 50 -foot right-of-way. In response to an inquiry from Mr. Boyd, Mr. Conklin explained that 50 foot was the standard street right-of-way width required in the City even though the existing Dockery Lane and the existing Cherry Lane were only 40 feet wide. In answer to a question from a Board member, Mr. Johnson advised the two north buildings would have an 8 -foot setback from the property line to the slab. He pointed out they were requesting a 1 -foot variance for those two and a variance of the distance between the buildings. He noted thaeproblem could be solved by reducing the 50 -foot right-of-way to a 40 -foot right-of-way width. He advised he had reduced the structure overhang width from 18 inches to 12 inches in order to reduce the variance amount. In answer to further questions, he advised they would provide a chip and seal private drive from the property line into the property with asphalt between his property and the end of the existing street and the new easement. He explained the rest of the existing street was chip and seal. Mr. Boyd requested the staff get a clearance from the City Fire Department on the proposed layout of the buildings in regard to the distances between them. In response to a question in regard to reducing the 50 -foot right-of-way dedication to a 40 -foot width, Mr. Conklin explained the dedication had not been recorded yet so it would only require a new dedication plat to be developed reflecting the change. He noted it could be handled administratively. MOTION Mr. Boyd made a motion to grant the variance subject to approval by the Fire Department and to the reduction of the width of the right-of-way easement on the south property line from 50 feet to 40 feet. The motion was seconded by Ms. Orton. The motion carried 6-0-0. a,S Board of Adjustment/ Sign Appeals November 21, 1994 Page 3 APPEAL NO. BA94-34 - REQUEST FOR A VARIANCE FROM THE REQUIRED BUILDING SETBACKS ROBERT N SCHMITT - LTS 400, 401, & 402 OF OAK PARK PLACE ADDITION The next item was Appeal No. BA94-34 submitted by Robert N. Schmitt for lots 400, 401, & 402 of Oak Park Place Addition which was zoned R-2, Medium Density Residential. The request was for a variance from the required building setbacks. Mr. Conklin advised the applicant, Mr. Robert Schmitt, was not present. He added it had been discovered that the right-of-way south of the Fraternity House had never been dedicated to the City which caused some question as to whether it could be dedicated by the Fraternity House or by the land owners to the south. He stated the staff felt it would be more appropriate to table the matter until the necessary information could be obtained. He added the developer of the subdivision would need to acquire title to the land before the right-of-way could be dedicated and deal with other problem issues as well. In response to questions from Mr. Boyd as to the exact location of the subject property, Mr. Conklin explained it was directly south of the existing Fraternity House. He added the variance request came about because of the proposal to dedicate a street right-of-way south of the Fraternity to the City. Ms. Little pointed out dedicating the right-of-way would make the existing structure non -conforming. Ms. Orton advised there were other problems with the subject property such as drainage and contended it was not a good place for a development. She added that some of the adjacent property owners had not been able to attend the meeting due to the short period of time between their notification and the meeting. MOTION Mr. Nickle made a motion to table the request as requested by staff. The motion was seconded by Mr. Hanna. The motion carried 6-0-0. aye • • • Board of Adjustment/ Sign Appeals November 21, 1994 Page 4 APPEAL NO. BA94-35 - REQUEST FOR A VARIANCE OF THE REQUIRED BUILDING SETBACKS JIM BRYAN - 115 N W SKYLINE DR The next item was Appeal No. BA94-35 submitted by Jim Bryan for property located at 115 N. W. Skyline Drive and zoned R-1, Low Density Residential. The request was for a variance from the required building setbacks. Mr. Conklin advised the applicant was proposing to build a three-story house on the non -conforming lot consisting of approximately 4,351 square feet. He explained the current ordinance required 8,000 square feet for a single-family lot. He added the City records reflected a 5 -foot platted right-of-way for a walking trail on the property adjoining to the south. He noted the applicant had submitted a site plan reflecting a 20 -foot right-of-way and had provided some documentation supporting that. He pointed out that information was critical because it would determine the total separation between the two structures. He noted the staff was requesting that this item be tabled until a sealed and signed survey could be presented to reflect exactly what existed at the site and documentation as to whether there was 5 -foot or 20 -foot adjoining a walking trail south of the property. Mr. Perkins pointed out there was also a gas line in the right-of-way which would increase the distance between the two buildings. He explained there was a line painted on the ground designating a gas line approximately 8 feet north of the 5 -foot platted walking trail. He advised no structure could be built over a gas line. Mr. Conklin reiterated the unresolved question was whether or not their was an existing 20 -foot easement between the existing home and the proposed home. Mr. Norman Moulden, the adjacent property owner, advised there was a survey by George Faucette, Sr. signed by all the adjacent property owners which reflected a 5 -foot walkway and a 15 -foot utility easement. He reiterated the survey reflected a 20 -foot easement from his lot line to the north and noted all the survey stakes were still existing. In answer to a question from Mr. Boyd, Mr. Moulden advised they were told the 5 - foot walkway was platted with the City of Fayetteville and noted the 15 -foot easement was north of the walkway. He noted Mr. Bryan was proposing to build to the edge of the 15 -foot easement with a total of 28 feet between the houses. In answer to a question from Mr. Conklin, Mr. Moulden stated the 20 feet ran from his survey stakes to the north. Ms. Little advised the staff needed a survey of the subject property which had been recorded with the State for their records reflecting any utility easements and other permanent access easements. Mr. Conklin advised the survey should reflect the location of the access drive, the distance and easements between lots 39 and 52, and the location of the existing structure (Mr. Moulden's house). Mr. Boyd contended Mr. Bryan was proposing to over build on his lot using every bit of it and noted they needed to see a drawing reflecting exactly what was there and what was planned. Board of Adjustment/ Sign Appeals November 21, 1994 Page 5 NOTION Mr. Hanna made a motion to table the request until the information needed was received. The motion was seconded by Mr. Boyd. The motion carried 6-0-0. MINUTES: The minutes of the regular meeting of November 7, 1994 were approved as written. There being no further business, the meeting was adjourned at 4:25 p.m. >0►