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HomeMy WebLinkAbout1995-04-17 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, April 17, 1995 at 3:45 p.m., in the City Administration Building, Room 111, 113 W. Mountain St., Fayetteville, Arkansas. MEMBERS PRESENT: Larry Perkins, Marion Orton, Bob Nickle, and Gerald Boyd OTHERS PRESENT: Alett Little, Sharon Langley, and others VARIANCE REQUEST - BA95-11 CARL AND NORMA OSBORN - 1217 STEPHENS AVENUE The first item on the agenda was a request for a variance from the required setbacks for property zoned R-1, Low Density Residential, located at 1217 Stephens Avenue and submitted by Carl and Norma Osborn. Ms. Little explained the applicant wanted to relocate a house which would be removed as a part of the Highway Department's Wedington Road widening and relocation project. She advised the house would be relocated further north on the 6,891 square foot lot left after the right-of-way was granted and would be approximately three feet from the edge of the new highway right-of-way, requiring a 22 -foot variance. She recommended denial of the variance. She stated staff could not support the creation of a nonconforming lot and setback along the proposed highway relocation and widening. She pointed out the Highway Department had agreed to purchase the homes and lots that would be in the way of the relocated highway. She also pointed out Wedington Road (Highway 16 West) was planned to become a four to five lane highway and she expressed her belief that allowing a residential use on the property would crate an undesirable situation for future occupants of the structure. Mr. Osborn advised he also owned the house directly across the street from the subject property and had originally purchased the house in order to keep the property maintained. Ms. Walcott, an adjoining property owner, stated the current structure was a rental property and expressed her concern with the moving of the house to within 5 feet of her property line. Mr. Nickle expressed concern regarding property devaluation of adjoining properties. In response to a question, Ms. Little stated she did not foresee the subject property ever becoming owner occupied. MOTION Mr. Boyd made a motion to deny the requested variance. Ms. Orton seconded the motion. The motion passed with a unanimous vote of 4-0-0. • • Board of Adjustment April 17, 1995 Page 2 VARIANCE REQUEST - BA95-12 ROB SHARP FOR REBECCA HARRISON - 978 N POLLARD The next item was a request for a variance from standard setbacks submitted by Rob Sharp on half of Rebecca Harrison for property located at 978 North Pollard. The property is zoned R -O, Residential -Office, and a request has been made to the Planning Commission for a conditional use on the property. Ms. Little explained the applicant wanted to construct four one bedroom apartments on the site. She stated the site was already developed with a 2,400 square foot doctor's office and a dilapidated house/barn that was planned tp be incorporated into the new four-plex structure. She pointed out the applicant had requested a variance for the front and side yard setbacks since the majority of the existing house/bar would be removed and the new structure would be located within the existing structure and within existing setbacks. She noted the applicant would also need to receive conditional use approval by the Planning Commission for the proposed four-plex. She explained that, under R -O zoning, a structure which contained three or more units required 8,000 square feet of lot space and 90 feet of frontage. She advised the applicant owned two parcels with one lot fronting Pollard which contained 6,240 square feet and the other lot fronting College, containing approximately 9,308 square feet. She noted that, if the parcels were considered together as one lot, the applicant would have enough area to meet the lot area requirements for a four-plex; however, if the parcels were considered separately, the applicant would only be able to construct a single family home on the parcel. Ms. Little advised there were numerous issues to be decided by the Board of Adjustment: (1) should the two lots be considered together for the purpose of allowing greater than a single family home on the site? (If so, the Board of Adjustment should recommend to the Planning Commission that no property line adjustments be allowed and that a revised plat should be filed showing the two lots as one at the courthouse; (2) should the existing dilapidated nonconforming structure, sitting 2.8 feet from the right-of-way of Pollard Street and 3.1 feet from the north property line be granted a variance and incorporated into the new structure? She advised the staff recommended a balance of what was proposed (a 4-plex) and what was allowed by right (one single family home). She stated this was a very complicated proposal and rather than make a single recommendation, staff recommended the applicant discuss the project with the Board of Adjustment and redesign the site to accommodate a use by right which might stall require revisions. In response to a question, Ms. Harrison stated the exhibited parking was currently existing. Discussion ensued regarding the condition of the current structure or not it was structurally sound. Mr. Sharp stated that Joel engineer, had certified that the building would be structurally explained the present structure would be a frame for a courtyard. Mr. Boyd suggested using the present structure courtyard and reorienting the building to achieve In response to a question, Ms. Little stated that, was 30 feet from street right-of-way. and whether Lunney, an sound. He as a fence or wall setback conformance. under R -O zoning, the for the setback • • • Board of Adjustment April 17, 1995 Page 3 Mr. Sharp stated they would offer a Bill of Assurance as to materials used in construction and pointed out the dwelling would be owner occupied with Ms. Harrison living on the premises. He further informed the Board the adjoining property owners were in favor of the project. Mr. Boyd suggested the structure could be built by completing a property line adjustment, moving the building south so the north setback would not be encroached, that the wall from the existing structure would be used for a courtyard rather than a wall for the structure, and granting a 20 -foot variance from Pollard. MOTION Mr. Boyd made a motion to approve the variance subject to approval of a property line adjustment, moving the building south so it would not encroach into the northern setback, using the existing wall as a concrete fence/courtyard wall, and a 20 -foot variance on Pollard. Mr. Nickle seconded the motion. The motion passed with a unanimous vote of 4-0-0. a • • • Board of Adjustment April 17, 1995 Page 4 VARIANCE REQUEST - BA95-13 JEREMY HESS - 432 E DICKSON The next item on the agenda was a request for a variance in setback submitted by Jeremy Hess for property located at 432 E. Dickson. The property is zoned R-1, Low Density Residential. Ms. Little advised the request was to allow a 19 -foot front yard setback (6 -foot variance). She explained the proposed house had been located on the site at an angle to minimize grading and to maximize tree preservation. She stated the placement of the house had resulted in approximately 24 square feet of porch encroaching into the setback She pointed out the site was fully wooded and did contain steeper slopes towards the rear of the lot. She advised the applicant, at the time of submittal, thought a variance was needed for the driveway; however, driveways for residential homes were required to be setback five feet from the side property line and the driveway on the subject tract met that requirement. She recommended approval of the variance stating granting the variance for approximately 24 square feet would not adversely impact adjoining neighbors and would allow the applicant to minimize grading on the site for the proposed structure. Mrs. Farrell, and adjoining property owner, expressed concern regarding traffic, inquired about plans to widen Dickson Street, and asked what type of structure would be located on the property. Mr. Hess stated the structure it would be single-family two story dwelling unit. MOTION Nickle made a motion to approve the variance as requested. Mr. Boyd seconded the motion. The motion passed with a unanimous vote of 4-0-0. • • • Board of Adjustment April 17, 1995 Page 5 APPROVAL OF MINUTES Minutes of the Board of Adjustment meeting of April 3, 1995 were approved as distributed. The meeting adjourned at 4:30 p.m.