HomeMy WebLinkAbout1994-11-21 Minutes•
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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.
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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.
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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
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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.
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