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HomeMy WebLinkAbout1996-04-15 Minutes• • • MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT AND SIGN APPEALS A regular meeting of the Board of Adjustment and Sign Appeals was held on April 15, 1996 at 3:30 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. MEMBERS PRESENT: Gerald Boyd, Paul Wilhelms, Michael Andrews, Marion Orton, and Thad Hanna MEMBERS ABSENT: Bob Nickle and Larry Perkins STAFF PRESENT: Rich Lane, Janet Johns, and Jay Pense APPROVAL OF MINUTES OF MARCH 18. 1996 The minutes were approved as distributed. NEW BUSINESS BA96-10 - J & P UTILITIES MIKE TOOLEY, 1390 PLUM TREE DRIVE The request was for a variance from required front building setback submitted by Mike Tooley on behalf of j & P Utilities for property located at 1390 Plum Tree Drive (Willow Springs Subdivision, Phase I) and zoned R -I .5, Moderate Density Residential. Mr. Lane explained this was a second request by the same builder. Torn Perry, the builder, stated the pins had been moved which resulted in the encroachment in the front setback. Mr. Boyd inquired if he had not noticed that the house was out of alignment with other structures along Plum Tree Drive. In response, Mr. Perry stated he had substantial problems with drainage on the lot and he therefore assumed the location of the pins had been moved forward to avoid drainage problems. Discussion ensued regarding how much it would cost to removed the part of the building which was encroaching. Mr. Perry stated it would take between $10,000 and $20,000 to fix it. Mr. Hanna expressed concern regarding the fact that the request was for a waiver after the fact. 79 • • • Board of Adjustment and Sign Appeal Minutes April 15, 1996 Page 2 Discussion ensued regarding whether or not errors had been made on the building permit or during the inspection and criteria for granting waivers and Mr. Boyd expressed concern regarding all the requests the board received. Mr. Lane noted that measures had been taken to insure accuracy on the building permit and inspection by requiring each permit to be accompanied by a site plan. Mr. Lane stated the 2' variance was requested but the actual encroachment was Tess that than. Mr. Tooley stated he was advised by staff to request the 2' variance in order to insure compliance with the setback requirements. Mr. Boyd inquired as to why Alan Reid's survey did not dimension the overhang and discussion ensued. Discussion ensued regarding another house along Plum Tree which appeared to be encroaching into the setback. Mr. Tooley stated the error was an honest mistake. MOTION Mr. Hanna made a motion to approve the variance request of 2' reducing the required building setback to 23'. Mr. Wilhelms seconded the motion. Upon roll call, the motion passed with a vote 3-2-2. Mr. Andrews and Mr. Boyd voted against the motion and Mr. Nickle and Mr. Perkins were absent.