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HomeMy WebLinkAbout1996-11-04 Minutes• MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENTS AND SIGN APPEALS A meeting of the Board of Adjustments and Board of Sign Appeals was held on Monday November 4, 1996 at 3:45 p.m., Room 111 of the City Administration Building, 113 W. Mountain St., Fayetteville, Arkansas. MEMBERS PRESENT: Paul Wilhelms, Larry Perkins, Thad Hanna, Gerald Boyd, Marion Orton, and Bob Nickle. MEMBERS ABSENT: Michael Andrews STAFF PRESENT: Rich Lane and Heather Woodruff APPROVAL OF MINUTES The minutes were approved as distributed. NEW BUSINESS: • BA96-25: VARIANCE REQUEST FROM SETBACK REQUIREMENTS CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS -402 ARKANSAS AVE, The first item on the agenda was submitted by Karl Friar on behalf of the Church of Jesus Christ of Latter Day Saints for property located at the northeast corner of Arkansas Avenue and Reagan Street. The property is zoned R-3 (High Density Residential) and contains approximately 0.37 acres. The request is for a variance of approximately 4' from the required 25' setback on Reagan Street. • The variance request is for an existing structure which predates the zoning code and currently obstructs the required front setback on Reagan Street of 25' by 4'. Upon site inspection, it was noted that it is bordered by U of A property to the north and west, with mostly rental properties to the south and the east. The proposed parking lot will be to the north side of the structure. The applicant plans to access the property off of Arkansas Avenue. Staff recommends approval of the variance as requested This recommendation based on the finding that the four criteria required by ordinance for approval of variances had been achieved, as well as the finding that the proposed additions will not adversely affect adjacent properties and will make the structure more in character with the surrounding properties. Mr. Friar stated the Church had been granted a Conditional Use by the Planning Commission but, it was contingent upon them receiving a variance from the Board of Adjustments. The building had been used for the same purpose in 1987. Ms. Ortin questioned if they were increasing the size of of the building in any way. 112. ((5 Board of Adjustments and Sign Appeals November 4 1996 Page 2 Mr. Lane replied they were not pursuing any additions to the structure at this time. Mr. Boyd questioned if the parking would be improved. Mr. Friar stated the Planning Commission had granted a 18 space parking lot. Most of parking lot would be on the north side, but there would also be some on the back side of the building. There would be an ingress and egress off of Arkansas Ave. Mr. Boyd questioned if any one would be living in the house. Mr. Friar stated no one would be living there, but it had been used as a sorority house in the past. He added the proposed student center would be occupied mostly between 8:00-5:00 during the week and 10:00 to 2:00 on Sunday. MOTION Mr. Nickel moved to approve the item as requested. Mr. Hanna seconded the motion. The roll was called. The item was approved unanimously. • • • Board of Adjustments and Sign Appeals November 4 1996 Page 3 BA96-26- VARIANCE FROM REQUIRED BUILDING SETBACKS. UNITARIAN UNIVERSALIST CHURCH- 901 CLEVELAND The next item on the agenda was submitted by Kim Hesse on behalf of the Unitarian Universalist Church for property located at 901 W. Cleveland and zoned R-3, High Density Residential. The request is for the following: 1. A variance from the required front building setback (Cleveland Avenue) of 25' to 17 (8' variance). 2. A variance from the required front building setback (Oakland Street) of 25' to 20' (5' variance). The variance request is for a existing structure (approximately 3,600 s.f.), with planned additions of 1,900 s.f. The property is bounded by Oakland Street, Cleveland Street and Storer Street. This LSD project was recently approved by The Planning Commission at their October 28, 1996 meeting. As a result of the right-of-way dedication requirements per the LSD, the applicant's addition would obstruct the required front setback (Cleveland Street) of 25' by 8' (or 182 s.f.), and the required front setback (Oakland Street) of 25' by 5' (or 141 s.f.). Upon site inspection, it was noted that the property is bordered by owner occupied and rental single family homes to the north, east, and west, with multi -family to the immediate south. The site itself is heavily wooded. The staff recommended approval of the variance as requested. This recommendation was based on the finding that the four criteria required by ordinance for approval of variances have been achieved, as well as the finding that the proposed additions would not adversely affect adjacent properties and would make the structure more in character with the surrounding properties. Mr. Lane explained the City was trying to keep future structures and/or additions from being built in the potential right-of-way of widening collector streets. Mr. Nickle questioned how much additional right-of-way had been required on this addition. Mr. Lane explained the City's street standards had changed recently, making the right-of-ways for collectors and minor mayor arterial larger. Previously collector streets had been 30' from centerline, the new standard required 35' from centerline. Mr. Perkins clarified any structure presently in the right-of-way would not be required to move or to be cut off, but the City did not want any more encroachments into the right-of-ways. Mr. Lane explained the church was needing the variance because the City had required additional • • • Board of Adjustments and Sign Appeals November 4,1996 Page 4 • ROW on all the streets surrounding the church. Mr. Boyd questioned if the church would have needed a variance if the additional right-of-way had not required. Mr. Rantis stated they would have had only 4' of eve in the setback. MOTION Mr. Boyd moved to approve the request. Ms. Ortion seconded the motion. The roll was called. the item was approved unanimously. IIS • • Board of Adjustments and Sign Appeals November 4,1996 Page 5 BA96 27: VARIANCE FROM REQUIRED BUILDING SETBACK VEARL & SANDRA SKELTON- 2645 WYMAN RD. The next item was submitted by James Harris on behalf of Vearl and Sandra Skelton is for property located at 2645 Wyman Road and zoned R-1, Low Density Residential. The request is for a variance from the required front building setback of 25' to 6' (19' variance). The variance request is for an existing structure located on Wyman Road with planned additions of 440 square foot; including a front porch, rear addition, and carport. The Master Street Plan designates Wyman Road as a Collector Street, with a minimum required right-of-way from centerline being 35'. Although there is currently only 20' of right-of-way on site, it is a City Policy that no structures be built within the future right-of-way. As a result, the existing house with the proposed front porch will obstruct the required front setback by approximately 19' ( the house alone obstructs by 11'). The staff recommended denial of the variance as requested, but supported a variance of 11' for the existing front of the house. This would allow the applicant to build a 4' by 11' porch on the northeast comer of the house flush with the front of the house. Tlus recommendation was based on the four criteria would not adversely affect the adjacent properties and would make the structure more in character with the surrounding properties. Mr. Lane explained Wyman road was a collector street with a 35' right-of-way from centerline which had not yet been dedicated to the City. Mr. Perkins clarified the house would be sitting inside the new right-of-way. Mr. Lane added the house, even without the proposed porch, was 11' within the front ROW. He added the staff would recommend approval of a variance for the portion of the house that was within the future right-of-way. Mr. Perkins asked how much land was behing the house. Mr. Lane stated there was a large amount of land measuring approximately 99'X330' to the rear. Mr. Perkins added any additions could go to the rear. Mr. Skelton stated the owners were wanting to renovate the front of the house. Ms. Ortion questioned if they would have the same problem with other homes along Wyman • Road when they were wanting to make additions. /Iv • • • Board of Adjustments and Sign Appeals November 4 1996 Page 6 Mr. Lane replied it was possible, but he was hoping when the road was widened the Board would be able to grant variances for all the homes at the same time. Mr. Nickle explained if the Board was to grant a variance for the existing structure they would not force Mr. Skelton to move the house or tear off the front. Mr. Perkins stated they were trying to avoid any further obstruction of the right-of-way. Mr. Nickel explained Mr. Skelton could still have a deck on the front, but it could not be over 30" tall and could not be covered. The carport could be in the proposed location but it could not be enclosed like a garage. MOTION Mr. Boyd moved to deny the variance as requested, but approve an 11' variance for the existing front of the house Mr. Nickle seconded the motion. The roll was called and the item was approved, unanimously. //7