HomeMy WebLinkAbout1995-04-17 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, 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.
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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
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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
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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.
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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.