HomeMy WebLinkAbout1995-12-04 MinutesMINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENTS AND SIGN APPEALS
A regular meeting of the Board of Adjustments and Sign Appeals was held at 3:45 p.m. in the City
Administration Building, 113 W. Mountain, Room 111, Fayetteville, Arkansas.
MEMBERS PRESENT: Michael Andrews, Gerald Boyd, Thad Hanna, Bob Nickle,
And Marion Orton
STAFF PRESENT: Rich Lane and Janet Johns
APPROVAL OF MINUTES OF NOVEMBER 20, 1995
Minutes were approved as distributed.
VARIANCE BA95-28 - JOHN NOCK
LOT 84 OF MEADOWLANDS
The first item on the agenda was the requested submitted by John Nock for property located on Larkspur Lane (Lot
84 of Meadowlands.) The request is for a variance from the required building setbacks in R-1, Low Density
Residential.
Staff recommends denial of the variance but suggested that in light of the fact that the applicant owns the adjacent
lot to the north, a variance of 1.75' could be requested on the southside setback contingent upon a property line
adjustment on the north side.
Mr. Lane corrected the zone to reflect R-1.5, Medium Density Residential. Mr. Lane stated the roof overhang was
encroaching into the setback area. He stated there was a green space area on the south side of the structure. Mr.
Lane distributed a site plan of the area.
Mr. Nock made a statement regarding the architecture style of the proposed structure.
Discussion ensued regarding the option for a property line adjustment in conjunction with a variance on the south
side of 1.75'. Ms. Johns stated that a property line adjustment application and filing fee would need to be submitted.
MOTION
Mr. Boyd made a motion to approve a 1.75' variance on the south side of the proposed structure.
Ms. Orton seconded the motion.
Upon roll call, the motion passed with a unanimous vote of 6-0-0.
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December 4, 1995
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VARIANCE BA 95-29 - MIKE PENNINGTON
DONNA STEWART - LOT 7 OF OWL CREEK
The next item on the agenda was the request submitted by Donna Stewart for property owned by Mike Pennington
located on Abilene Drive (lot 7 of Owl Creek Subdivision) and zoned R-1, Low Density Residential. The request is
for a variance of the required front setback of 25' to 20' (5.0) feet.
Staff recommended denial of the variance on the grounds that adjustments to the floor plan could be made to
accommodate the required setback and flood plain requirements while preserving the character of the floor plan.
Mr. Lane explained no dimensioned drawing had been submitted with the application. He further stated he had
requested a dimensioned drawing but the applicant did not comply and therefore, he prepared the report reflecting
the dimensions of the rectangular foot print as submitted.
The applicant stated total square footage was 1404 plus the garage.
Mr. Boyd inquired regarding whether or not the west side encroached into the setback area Mr. Lane stated there
was no encroachment on the west side setback.
Discussion ensued regarding flood insurance.
Mr. Boyd and Mr. Nickle agreed that development of the subject area was difficult but since applicant was building
to the same scale as other houses in the area they felt it would be acceptable to grant the variance. Discussion
ensued. The developer stated lots 5 and 6 would require fill but lots 4 and 7 were okay.
Mr. Nickle inquired if staff would be comfortable with the request in light of the fact the square footage had been
amended. Mr. Lane stated staff could support the request as amended.
MOTION
Mr. Nickle made a motion to approve the variance as requested.
Mr. Boyd seconded the motion.
Upon roll call, the motion passed with a unanimous vote of 6-0-0.
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Board of Adjustments/Sign Appeals Minutes
December 4, 1995
Page 3
VARIANCE BA95-30 - CENTRAL EMS
TONY HICKERSON - 645 S. SCHOOL
The final item on the agenda was the requested submitted by Tony Hickerson on behalf of Central Emergency
Medical Service for property located at 645 S. School and zoned C-2, Thoroughfare Commercial. The request is for
a variance of the required rear setback of 20' to 0" (20 feet.)
Staff recommends approval of the variance request contingent upon the following:
1. Approval of the conditional use request for an EMSD by the Planning Commission.
2. A property line adjustment for the purchased property to the north.
3. The resolution of the 30' easement issue along the west (rear) property line.
Mr. Nickle stated he would abstain from voting on the requested variance.
Discussion ensued regarding whether or not the easement was designated on plat. Mr. Nickle gave a brief overview
of the subject area. He stated parcel #05500 and #05505 was under the ownership of the Arkansas State Highway
Department as reflected in the county assessor's's records. Mr. Nickle stated it was his opinion that the area had
been abandoned.
Mr. Nickle stated the area to the north which the applicant is in process to purchase measured 12 x 135. He stated
the building currently on the land would be removed. He stated a portion of the building (garage) would be located
on the area to the north. Ms. Little stated the subject tract was zoned C-2 and therefore had no side setbacks.
Discussion ensued regarding whether or not the adjoining property owners supported the proposal.
Discussion ensued regarding ownership of abandoned street right of ways and railroad right of ways and quieting
title to same.
Mr. Nickle stated at one time the RTC had the subject property and their documentation reflected "an abandoned
railroad right of way."
Discussion ensued regarding the layout of the proposed shop area (including 3 ambulance garages and service area)
and the need to be shielded from the highway due to personnel being on the premises 24 hours per day.
Mr. Nickle stated the owners of the 12' strip were Mrs. Vaughn and her son and the property was put under contract
on December 4, 1995.
Mr. Boyd inquired if the request could be amended to include the setback of the 12' strip if acquired. Ms. Little
stated it could reflect same.
MOTION
Mr. Boyd made a motion to approve the variance in setbacks including the 12' strip if acquired.
Mr. Hanna seconded the motion.
Upon roll call the motion passed with a unanimous vote of 5-0-1. Mr. Nickle abstained.