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HomeMy WebLinkAbout1995-09-18 Minutes• • MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENTS AND SIGN APPEALS A meeting of the Fayetteville Board of Adjustments and Sign Appeals Committee was held on Monday, September 18, 1995 at 3:45 p.m., in the City Administration Building, Room 111, 113 W. Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Bob Nickle, Gerald Boyd, Larry Perkins, Thad Hanna, Marion Orton, Craig Rivaldo, and Michael Andrews. STAFF PRESENT: Alett Little, Rich Lane, Elaine Cattaneo, and Bert Rakes VARIANCE BA95-24 - MARY K. VINES ALMA MEAD - 934 GREGG AVENUE The first item on the agenda was the variance request submitted by Mary K. Vines on behalf of the estate of Alma Mead for property located 934 Gregg Avenue and zoned R-1, Low Density Residential. The request is for a variance of the east side setback from 8' to 7' (variance of 1') to allow the roof overhang of the enclosure of a carport/patio and the construction of a 4' by 9' extension to the south of the structure. Staff recommended approval on the condition that initiation of construction be within one year of the date of the variance approval. Mr. Boyd inquired if there was a survey and stated the subject structure looked to be 4 feet from the property line. Mr. Bynum stated the property was in probate there was no survey ordered. Further Mr. Bynum stated he had measured from the east side of the brick wall to the overhang. Ms. Little recommended the item be tabled until a survey was provided Mr. Boyd inquired as to what zone would be required for a child care facility as a home occupation under use by right and Ms. Little stated all home occupations were conditional uses in residential but a commercial zone would allow child care facilities not as home occupations. Further Ms. Little stated it could be a conditional use in R -O. She stated as a home occupation, no more than 6 children would be allowed and therefore no additional parking was usually required. Mr. Rivaldo inquired if the decision could be contingent on survey of the property and approval by either staff or planning commission. Discussion ensued. Mr. Boyd noted the structure was currently nonconforming. Discussion ensued regarding increasing the nonconformity. Ms. Vines stated there was a question as to whether or not the rock wall was the adjoining property owner's or whether it was within the subject property. Further regarding the 9' by 4' section, Ms. Vines stated the fire Marshall had required that she provide a ramp access into the yard. Discussion ensued regarding increasing the nonconformity of structures and various options for constructing the ramp and enclosing the carport area. MOTION • Mr. Boyd made a motion to approve the variance to enclose the existing carport. 4 Minutes of the Board of Adjustment and Sign Appeals Meeting September 18, 1995 Page 2 Ms. Orton seconded the motion. Upon roll call, the motion was approved by a vote of 6-0-1. Mr. Nickle abstained. 51 o • • • Minutes of the Board of Adjustment and Sign Appeals Meeting September 18, 1995 Page 3 SIGN APPEAL SA95-7 - DR. JAMES MYSHKA FAMILY CHIROPRACTIC CENTER - 114 SOUTH COLLEGE AVE The next item on the agenda was a sign appeal to erect a free standing sign 12 sq. ft. one foot outside the right of way. Discussion ensued regarding the need for the sign. It was noted the applicant was not present to respond to the Board. Mr. Perkins stated the item was denied pursuant to Article 7, Item E of the Board of Adjustment and Sign Appeals By -Laws and Rules of Order. (00 110