HomeMy WebLinkAbout1995-05-15 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, May 15, 1995 at 3:45 p.m., in the City Administration Building, Room 111,
113 W. Mountain St., Fayetteville, Arkansas.
MEMBERS PRESENT: Thad Hanna, Marion Orton, Bob Nickle, Michael Andrews, and
Gerald Boyd
MEMBERS ABSENT: Larry Perkins and Craig Rivaldo
OTHERS PRESENT: Tim Conklin, Harold Bryan, Jim Bryan, Sharon Langley and others,
VARIANCE BA95-16 - REQUEST FOR SETBACK VARIANCE
ROBERT LEE JACKSON - LOT 20, DAWN ACRES
The first item on the agenda was variance BA95-16 submitted by Harold Bryan on
behalf of Robert Lee Jackson for property located at Lot 20 in Dawn Acres. The
request is for a variance from the required building setbacks in R-3, High
Density Residential to allow a 24.5 feet front yard setback which is a .5 feet
variance of Section 160.034 requiring a 25 feet front setback when a structure
abuts a public street.
Staff recommended approval of the variance. Mr. Conklin stated there was a 2
square feet overhang encroaching into the setback which would make the variance
request 3 feet or a 22 feet setback Discussion ensued.
Mr. Conklin stated the curvature of the cul-de-sac and drainage easement were
problematic in developing of the site as an apartment complex.
Discussion ensued regarding the overhang, wasted land on the subject tract's
drainage easement. Mr. Conklin stated the encroachment was not discovered until
after the survey was completed.
Mr. Boyd requested a copy of the survey and stated the purpose of the variance
was to correct the matter for future survey and property description.
Mr. Conklin inquired as to whether the building on the survey was from the
foundation or from the eaves.
Mr. Bryan stated he thought it was from the foundation. Discussion ensued.
Mr. Boyd requested the matter be tabled for 15 minutes to locate the survey and
determine whether or not the measurement was from the eaves or foundation.
The matter was reopened and Mr. Bryan stated that the existing structure had been
surveyed as it was built.
Discussion ensued regarding the location of the subject property and zoning of
the area.
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Board of Adjustment/
Board of Sign Appeals
May 15, 1995
Page 2
MOTION
Mr. Hanna made a motion to approve the variance as requested.
Mr. Nickle seconded the motion
Upon roll call, the motion passed with a unanimous vote of 5-0-0.
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Board of Adjustment/
Board of Sign Appeals
May 15, 1995
Page 3
VARIANCE BA95-04 - REQUEST FOR VARIANCE OF SETBACKS
JIM BRYAN - 115 N.W. SKYLINE
The second item on the agenda was Variance Request BA95-4 submitted by Jim Bryan
for property located at Lot 39, 115 Skyline Drive on the west side of Mt.
Sequoyah. The request was to allow a 15 feet front yard setback (10' variance)
and 2 feet side yard setbacks (6 feet variance) on the north side and a 7.52 feet
setback (.48 feet variance) on the south side where Section 160.031 (E) requires
25 feet front setback and 8 feet side setbacks. The site is zoned R-1.
The staff recommended denial of the requested variance for the side setback and
approval of the front setback. Staff supported a 5 feet side yard setback on
each side of the house which would allow a 2Q.6 feet wide house at the front of
the lot. .d1'
Mr. Conklin stated the request had been brought before the Board a year ago at
which time the matter was tabled for lack of a survey. Further, he stated the
agenda packet contained an unstamped survey and the adjoining property owners had
not signed same. Additionally, he advised there was a prior issue regarding the
access road and that the applicant had proposed to relocate same off Skyline
Drive between lot 39 and the Mouldin house.
Mr. Nickle inquired as to whether or not the service road provided access to lots
44, 45, 53, and 54.
Mr. Bryant stated the access terminated at lot 53.
Mr. Nickle inquired as to the address for Pamela J. Powell who submitted a
letter.
Mr. Bryan stated she resided at lot 41.
Ms. Langley stated Ms. Powell had received notification and a copy of the agenda
for the meeting.
Mr. Nickle inquired as to whether or not lots 53-59 were 50 -foot lots and Mr.
Conklin stated that was correct and they were separated by a 5 -foot walking
trail.
Mr. Boyd inquired as to whether or not Mr. Bryan owned both of the adjacent lots
and Mr. Bryan stated that he did not.
Mr. Conklin stated Mr. Mouldin originally purchased two lots, built his house
on one and sold one. Further he stated they were two separate lots with a
public right of way in between them.
Mr. Boyd inquired as to whether or not there was a limit on the size of house you
can build in R-1.
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Board of Adjustment/
Board of Sign Appeals
May 15, 1995
Page 4
Mr. Conklin responded that R-1 provided 40% lot coverage.
Mr. Boyd inquired as to the length along the north property line.
Mr. Conklin stated it was 86.66 feet according to the unstamped survey.
Mr. Nickle requested that a stamped survey be presented prior to issuance of a
building permit.
Mr. Bryan stated the surveyor working on the project had left the company and the
owner felt that it would be prudent to not stamp a survey not completed by him.
Mr. Boyd inquired as to the location of the parking/drive and Mr. Bryan stated
he would enter from the back along Lot 53.
Mr. Boyd inquired as to who would be responsible for the maintenance of the
driveway and Mr. Conklin stated the applicant would be responsible for the
private drive.
Mr. Boyd requested the applicant acquire a mutual easement specifying rights of
ingress and egress. Discussion ensued.
Mr. Nickle requested an arrangement for ingress/egress and maintenance of same
be provided. Further he requested that research on the city's rights be provided
for the 5 feet section along with a stamped certified survey.
MOTION
Mr. Nickle made a motion to approve the variance conditioned upon an arrangement
for ingress/egress and maintenance of the private access road with the adjoining
property owner, protection of the city's rights for the 5 feet section, and a
stamped certified copy of the survey for 5 feet side setbacks as recommended by
staff.
Mr. Boyd seconded the motion.
Upon roll call, the motion passed with a unanimous vote of 5-0-0.
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Board of Adjustment/
Board of Sign Appeals
May 15, 1995
Page 5
VARIANCE BA95-16 - ROBERT JACKSON
LOT 20 DAWN ACRES
Ms. Langley stated Mel Milholland had called back to inform the Board that the
survey on the Jackson property had been from the wall not the eave. Discussion
ensued.
AMENDED MOTION
Mr. Hanna made a motion to allow the 22 feet front yard setback.
Mr. Nickle seconded the motion.
Upon roll call the motion passed with a unanimous vote of 5-0-0.
MINUTES
Minutes were approved as distributed.
The meeting adjourned.