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HomeMy WebLinkAbout1996-03-04 Minutes• • • MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENTS AND SIGN APPEALS A meeting of the Board of Adjustment and Board of Sign Appeals was held on Monday, March 4, 1996 at 3:45 p.m., in the City Administration Building, Room 111, 113 W. Mountain, Fayetteville, Arkansas. MEMBERS PRESENT: Larry Perkins, Gerald Boyd, Michael Andrews, Marion Orton, Bob Nickle, Thad Hanna, and Paul Wilhelms STAFF PRESENT: Janet Johns, Rich Lane, Steve Cattaneo, Steve Johnson And Burt Rakes APPROVAL OF MINUTES Ms. Orton requested that the date be included in the first paragraph. Minutes of December 4, 1995 were approved as corrected. Minutes of February 5, 1996 were approved as distributed. NEW BUSINESS BA96-4 - SUSAN CRONIN 356 SKELTON The first item on the agenda was submitted by Susan Cronin for property located at 356 Skelton. The property is zoned R-1 and the request is for a variance from the required lot frontage from 140' to 130' for a total variance of 10'. Staff recommended approval of the variance. Discussion ensued regarding whether or not a tandem lot was being created. Ms. Johns explained that the subject tract was not creating a tandem lot but was incorporating a tract of land purchased by the applicant which required 140' of frontage to develop a second structure on the lot. Further, Ms. Little explained that since the property acquired was contiguous to a tract of land owned by the applicant it would automatically be incorporated into one tract. Mr. Boyd pointed out that at some point the tract could be split by Ms. Cronin's heirs or assigns and he expressed concern regarding providing access to the back part of the subject tract. Discussion ensued regarding the circumstances by which Ms. Cronin acquired the subject tract. MOTION Ms. Orton made a motion to approve the request for 10' variance in the required frontage. Mr. Nickle seconded the motion. Upon roll call, the motion passed with a vote of 6-1-0. Mr. Boyd voted against the motion. 7; 1v Minutes from Board of Adjustment and Sign Appeal March 4, 1996 Page 2 BA96-5 - WALKER CONSTRUCTION NE CRN OF LONESOME DOVE AND CHAPARRAL (4490 CHAPARRAL LANE) The next item on the agenda was submitted by Walker Construction for property located at the northeast comer of Lonesome Dove and Chapparral. The property is zoned R-1.5 and the request is for a variance from the required side setback from 8' to 7.4' for a total variance of 6". Staff recommended approval of the variance request. Mr. Jorgensen representing Walker Construction stated the contractor either did not allow enough room for the overhang or they had pulled from the wrong pin. He noted that in an effort to hold down expenses, no property survey was requested. Mr. Nickle inquired if Mr. Jorgensen had any suggestions as to how to avoid these problems and Mr. Jorgensen stated each lot should be surveyed to determine the exact location of the property lines. Mr. Nickle inquired as to the dimension of the overhang and Mr. Jorgensen stated it was 6". Mr. Cattaneo stated he had inspected the subject property and he pointed out there was only a 6" miscalculation. Further he stated no "scaled" drawings were presently required for residential structures. Discussion ensued. Mr. Rakes stated three drawings to scale are required as of March 1, 1996, which show the easements, required building setbacks, setbacks of the proposed building, and landmarks or other things to assist in inspecting and constructing the project. Discussion ensued. MOTION Mr. Andrews made a motion to approve the 8" variance requested. Mr. Hanna seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. "73 i3 Minutes from Board of Adjustment and Sign Appeal March 4, 1996 Page 3 BA96-6 - KARL NEUMANN AND MARTHA ANDERSON N OF SKILLERN E OF OLD WIRE ROAD The next item on the agenda was submitted by Karl Neumann and Martha Anderson for property located north of Skillern and east of Old Wire Road. The property is zoned A-1 and the request is for a variance from the required lot frontage. Staff recommended approval of the variance request subject to the following conditions: 1. Survey must be stamped by the city. 2. Notice of lot split filed at the County prior to issuance of a building permit. Mr. Lane stated the tract was split prior to 1980 and therefore the tract would be grandfathered. Mr. Boyd inquired as to why 8' could not be obtained from the adjoining lot by property line adjustment. Ms. Anderson stated there was a contract of sale pending on that tract. Discussion ensued. Ms. Colleen Gaston, a resident on Old Wire, inquired as to the use of the property. Ms. Anderson responded it would be single family residence. Discussion ensued. Further Ms. Gaston expressed concern regarding the hazard a driveway in that location would create. MOTION Mr. Hanna made a motion to approve a frontage variance of 7.89' subject to staff requirements. Ms. Orton seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. Minutes from Board of Adjustment and Sign Appeal March 4, 1996 Page 4 BA96-7 - LARRY RUNKSMEIER N OF MT. COMFORT, E OF SALEM RD (3039 PYRITE DRIVE) The next item on the agenda was submitted by Larry Runksmeier for property located at the north of Mt. Comfort, east of Salem Rd. (3039 Pyrite Dr.) The request is for a variance in the side setback from 8' to 7'6" for a total variance of 6". Mr. Lane stated the project had not received final inspection. Staff recommended approval of the variance as requested. Mr. Runksmeier stated the variance request was a result of an error by their contractor who was no longer employed by them. Mr. Johnson stated he watched the contractor measure the structure on site and he took him at his word. Further he stated, he did not remember if the footing jetted out. Mr. Runksmeier stated he had spoken with the property owner to the south and they agreed there was adequate room between the two structures. Discussion ensued regarding why the footing error was not observed by the contractor. Mr. Nickle stated that due to the extra concrete being the error was an expensive one. Mr. Andrews stated he had a problem with developers/contractors not allowing a margin for error. Mr. Andrews noted the developer/contractor had not requested other variances in the past. MOTION Mr. Hanna made a motion to approve the 6" variance on north and a 1'6" variance on the south. Mr. Nickle seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. 75" �< • • • Minutes from Board of Adjustment and Sign Appeal March 4, 1996 Page 5 8 BA96-\- CHARLES HICKS 10 WEST PROSPECT The last item on the agenda was submitted by Charles Hicks for property located at 10 West Prospect. The property is zoned R-1 and the request is for a variance from the required lot frontage from 70' to 55.72' for a total variance of 4.91'. Staff recommends approval of the variance as requested. Mr. Boyd inquired if the adjoining property owners were in agreement with the request. Mr. Faucett responded they were in agreement and this was the easiest way to correct the problem. MOTION Mr. Boyd made a motion to approve the 4.91' variance. Mr. Nickle seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. 7(P -10