HomeMy WebLinkAbout1997-01-06 Minutes•
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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 Monday, January 6,
1997 at 3:45p.m., Room 111 of the City Administration Building, 113 W. Mountain Street
Fayetteville, Arkansas.
MEMBERS PRESENT: Larry Perkins, Gerald Boyd, Marion Orton, Robert Nickle,
Thad Hanna, Paul Wilhelms, and Michael Andrews.
MEMBERS ABSENT:
STAFF PRESENT: Rich Lane, Sharon Langley and Heather Woodruff
APPROVAL OF MINUTES OF DECEMBER 16,1996
Minutes were approved as distributed.
BA96-31.00: VARIANCE FOR REAR SETBACKS IN MAGNOLIA CROSSING
ALAN WALKER- NORTH OF HWY 62W AND WEST OF DINSMORE TRAIL
The first item on the agenda was submitted by Alan Walker for property located north of Hwy
62W and west of Dinsmore Trail The property is zoned R-2 (Medium Density Residential) and
contains approximately 36.58 acres. The request is for a 5' variance from the required 25' rear
setback for all single family lots in Magnolia Crossing Subdivision.
Mr. Lane stated Magnolia Crossing had received final approval in June of 1996. The variance
request was for a reduction of the 25' rear setback to 20' for all the lots in the subdivision. The
applicant did not know there was a setback difference between R-2 and R-1 zoning. The
applicant is the sole builder in the development and has offered a bill of assurance stating that
only single-family homes would be built.
Staff recommended approval of the variance as requested contingent upon the bill of assurance.
The lots are similar in size to R -S zone (Residential Small Lot).
Mr. Wilhelm commented it was similar to rezoning. They typically dealt with one item at a time.
Ms. Langley stated the Board of Adjustments had granted a blanket variance for Fieldstone
Subdivision a few years ago. This variance request would change the 25' rear setback to 20',
which was normal for single-family houses.
Mr. Boyd asked if all of the duplex lots could be built as single-family without the variance. He
did not like the idea of a bill of assurance because it would not be apparent when the lots were
purchased. He suggested granting a variance for the single family lots and leaving the duplex
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• Board of Adjustments and Sign Appeals
January 6,1997
Page 2
lots at 25'.
Mr. James Gibson, Dinsmore Trail, asked how the change would affect the lots across from this
house.
Mr. Andrews reassured Mr. Gibson that there would not be any duplexes.
Mr. Walker stated he had amended the covenants to allow only single family homes. fle
explained the 5' variance would allow them to build more attractive homes.
Ms. Langley stated it would not affect them, because Dinsmore trail ran between them. There
was a 25' setback.
Mr. Gibson asked the direction the structures would be facing.
Mr. Walker stated they had planned to face all the homes into the subdivision.
Mr. Gibson did not like the idea of looking into someone's back yard.
• Ms. Langley stated the subdivision's utilities had been approved for the homes to face into the
subdivision.
Mr. Lane stated the Board of Adjustments did not have the authority to address any screening
issues.
Mr. Walker stated he had planned for all the homes to face into the subdivision.
Mr. Gibson asked if Mr. Walker would be required to build a privacy fence along Dinsmore trail
to help people obtain more privacy.
Ms. Langley stated he would be leaving all the trees along Dinsmore which would help block
their view.
Ms. Gibson stated all the trees had been taken out for the utilities.
Mr. Walker stated they had tried to keep every tree that was possible.
Mr. Gibson stated they were exposed to all the new homes.
Mr. Walker stated they had tried to save as many large trees as they could.
Mr. Gibsons asked if any of the homes would be facing onto Crapemrytle.
• Board of Adjustments and Sign Appeals
January 6,1997
Page 3
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Mr. Walker replied they could.
Mr. Hanna suggest the two parties come to some sort of agreement on screening.
Ms. Langley thought anyone who bought the lots would plant some type of vegetation along the
property line.
Mr. Gibson stated they had already planted vegetation on their side. He asked if there was
anyone they could talk to about this problem
Ms. Langley stated Mr. Walker was the only person he could talk to about. She added after the
final plat was approved the City could not require additional screening.
Mr. Gibson stated he would try and meet with Mr. Walker later.
Ms. Orton asked why the 25' setback was not caught during the plat review.
Ms. Langley explained an R-2 subdivision required a 25' rear setback, the people who brought
the subdivision through the process where planning on placing a number of duplexes in the
development, so they wanted the entire property zoned so they could have the duplex lots.
Ms. Orton asked if they had changed the size of homes that would be built on the lots.
Mr. Walker did not know what they had planned. He had purchased the property during the
subdivision process. He thought all single-family lots would follow the same guidelines
requardless of the zoning.
Ms. Langley agreed that most builders who built single-family homes were not aware of the
difference between an R-1 zone and an R-2 zone.
Mr. Perkins commented Mr. Boyd had offered a compromise that only the single family lots
receive the variance. The duplex lots would keep the 25' rear setback.
Ms. Orton added they would also have the bill of assurance.
MOTION
Mr. Boyd moved to approve the variance for all single family lots, but not the duplex lots.
Ms. Orton seconded motion.
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January 6,1997
Page 4
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The roll was called the item was approved by a vote of 6-0-0.
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January 6,1997
Page 5
OTHER BUSINESS
Mr. Andrews presented the need to have the sign ordinance amended to include signs painted on
glass surfaces and doors.
Mr. Perkins suggested allowing the same percentage as they would for a wall sign. He added the
idea of the sign ordinance was to reduce the proliferation of signs and it did not matter if it was
painted on the brick wall or a glass surface.
Mr. Andrew had spoken with alderman Heather Daniels and she had agreed to work with him.
Mr. Perkins asked if he wanted to schedule the item for the next meeting as an item of business.
Mr. Andrews thought they should put it as a point of business.
Mr. Boyd suggested the Board discuss the amendment before making any proposals to City
Council.
• Mr. Perkins asked Mr. Andrews if he thought his sign was to small for his business.
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Mr. Andrews did not think they were to small.
Mr. Wilhelm did not think it was the size, but the number.
Mr. Boyd suggested looking into other cities' ordinances.
Mr. Andrews suggested they think about the change and the enforcement of the ordinance. He
added the City currently had no method to enforce the ordnance without prosecution.
Mr. Lane suggested citations for violators.
Mr. Andrew thought the City should be able to have some authority.
Mr. Perkins asked the members to consider changes to the ordinance.
The meeting adjourned at 4:45 p.m.
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BOARD OF ADJUSTMENTS 1997
ALMON, VALERIE- 9 SOUTH SCHOOL STREET (BA 97-3.00) 15
ALMON, VALERIE- 9 SOUTH SCHOOL STREET (BA 97-3.00) 12
AMENDMENT TO BYLAWS OF THE BOARD OF ADJUSTMENTS 32
ANIMAL CARE CLINIC - 903 WEST NORTH STREET (BA 97-19.00) 57
ARSAGA, CARY - 116 NORTH HIGHLAND AVENUE (BA 97-14.00) 44
BAKERY BUILDING- SW CORNER OF LOCUST AND DICKSON (BA 97-4.00) 18
BEVIS, DAVE- 670-672 MARTHA DRIVE (BA 97-1.00) 6
BMP DEVELOPMENT - 1062 BROADVIEW DRIVE (BA 97-22.00) 54
BRENTS, JULIE & STEPHEN - 217 NORTH LOCUST AVENUE (BA 97-2.00) 53
BULLARD, MARILYN - 516 NORTH HIGHLAND (BA 97-13.00) 42
BURGESS, WESLEY - 713 OAKLAND (BA 97-15.00) 47
CARAWAY, STEVE & KARLA - 810 WOOLSEY AVENUE (BA 97-27.00) 66
DAUGHTREY, KAREN- 305 SANDRA STREET (BA 97-29.00) 73
DAVIS, VIRGINIA D. - 3033 NORTH QUAIL CREEK DRIVE (BA 97-24.00) 60
DISCUSSION OF AMENDMENT TO THE SIGN ORDINANCE 10
DRAIN, OTTIS T. - 5590 W WEDINGTON DRIVE (BA 97-11) 40
DRAUGHON, EDWIN & GAYLE - 504 EASTLAYFAYETTE STREET (BA 97-18.00) 51
ELECTION OF OFFICERS, AMENDED BY-LAWS, WORDING OF VARIANCES 35
GERSTNER, GLEN - SW CORNER OF CLEBURN & WILLOW (BA 97-12.00) 36
• HALL, BEN - 627 LEVERET STREET (BA 97-8.00) 25
HOWELL, CHLEO - 112 SOUTH UNIVERSITY (BA 97-7.00) 22
KELLER, WAYNE - 3 NORTH DUNCAN AVENUE (BA 97-25.00) 62
KINTER, KATHLEEN - 1723 NORTH GARLAND AVENUE (BA 97-9.00) 27
MCGEE, RACHAEL - 179 CYDNEE (BA 97-6.00) 21
MILLER, CHASE -2816 RAINTREE DRIVE (BA 97-2.00) 8
OZARK BUILDING - 2 NORTH COLLEGE (BA 97-16.00) 49
O'DONNELL, CHARLES - 740 EAST LAFAYETTE STREET (BA 97-23.00) 59
PINE TREE INVESTMENTS - 305 WEST LAFAYETTE STREET (BA 97-10.00) 28
REGIONAL KIDNEY CENTER - 197 EAST MONTE PAINTER DRIVE (SA 97-1.00) 33
SINGLETON, STEVE & JUDITH - 836 NORTH HIGHLAND AVENUE (BA 97-28.00) 68
SMITH, HARVEY - 2680 EAST JOYCE BOULEVARD (BA 97-26.00) 64
VARIANCE FOR REAR SETBACKS IN MAGNOLIA CROSSING(BA 96-31.00) 1
WILKINS HOMES- 2474 VICTORIA LANE (BA 97-5.00) 20
WILSON, MARCELLA - 1273 SOUTH WASHINGTON AVENUE (BA 97-20.00) 52
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RULES
FAYETTEVILLE BOARD OF ADJUSTMENT
Article I: AUTHORIZATION
The Fayetteville Board of Adjustment is established in Fayetteville Ordinance
Nos. 1747 and 2252, pursuant to Arkansas State Law. (A. C. A. 14-56-416)
Article II:
Article DI
PURPOSE OF BOARD OF ADJUSTMENT
A. To hear and decide appeals where it is alleged there is error or ambiguity
in any order, requirements, decision, interpretation or determination made
by the Planning Administrator.
B. To authorize such variances from the zoning bulk and area regulations as
will not be contrary to the public interest, where, owing to special
conditions, literal enforcement would result in unnecessary hardship.
MEMBERS AND TERMS
A. The Board of Adjustment shall consist of seven members appointed by the
City Council, each for a staggered term of five years.
B. Members of the Board may be removed from office by the City Council
for cause upon written charges and after public hearing.
C. The absence of any member of the Board for:
1) three of more consecutive meetings or
2) more than one-quarter of all meetings over a period of one calendar year
may be deemed just cause for removal from office.
D. Vacancies shall be filled by resolution of the City Board of Directors
Council for the unexpired term of the member affected.
Article IV: OFFICERS
A: A Chair shall be elected. each year for a`one (1) year term commencing on'
the first regularly scheduled meeting of the Board after July 1. At the last
called or regularly scheduled meeting of the Board in June shall, by
majority vote of members present, elect a chairperson for the. following
year. To be eligible for election as Chair, one must be a member of the
Board with at least one (1) year remaining in one's membership term It
shall be the duty of the Chair to conduct all meetings of the Board, to
assure that adequate records of the'proceedings and actions of the Board
are kept and to represent the Board as may be appropriate in its external
affairs. In the absence of the Chair from a meeting of the Board, or from
the City at a time when a.Board meeting may be scheduled or become
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Pari 9 Rnard of Adlnctment Rulrc
necessary, the most senior tenured member present shall become
Temporary Chair and shall call and/or conduct the meeting during the
absence of the Chair. Should the office of Chair become vacant due to
reasons other than normal termination of the Chair's term of office, and
election of a chair to fill the balance of the term shall be held at the first
Board meeting after the vacancy occurs.
B. The office of secretary shall be held ex -officio by the City Planner or that
person's designated representative. The secretary shall prepare agendas,
keep minutes and maintain records.
Article V: MEETINGS
A. The Board shall meet once a month and shall meet regularly on the first
Monday of each month if such day is not a holiday and if there are appeals
scheduled for hearing. In addition, the Board may meet on call of the
Chair, or Temporary Chair when the Chair is absent from the City.
B. Notice of all meetings shall be published in a local newspaper at least one
day prior to the meeting.
• C. Unless otherwise specified by the Chair, Board meetings shall be held at
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the Fayetteville City Administration Building at 3:45 p.m.
D. It is primarily the responsibility of the Board to keep adequate records of
its proceedings and actions. Although the Board's minutes may be taken
and filed by a member of the staff of the City Planning Office, the minutes
of each meeting shall be reviewed by the Board and shall become the
official, public record of the Board's proceedings and actions when
approved by a majority of the members of the Board present at a regular
meeting.
Article VI: QUORUM AND VOTE
A. A quorum for the transaction of business shall be four members. Each
Board member, including the Chair, is entitled to one vote. The granting
of any appeal or variance by the Board shall require an affirmative vote of
a majority of the members present and voting. Any member of the Board
who has an economic interest in any property or decision before the Board
shall be disqualified from discussing or voting on such matters.
B. These rules may be amended or modified by an affirmative vote of not less
than five members of the Board.
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Paul Hoard of Adjustment Ruling
Article VII:
CONDUCT OF MEETINGS
A. All meetings are open to the public unless the Board is in executive
session. No official business shall be transacted during executive session,
except privileged matters relating to personnel as allowed by law.
B. The Board or members may, at any time, confer informally with staff
members. No business shall be transacted during such informal meetings.
C. Meetings shall be conducted informally. The Chair shall make all rulings
and determinations regarding the admissibility of evidence, the scope of
the inquiry, the order in which evidence, objections and arguments shall be
heard, and other like matters, except that any member shall be privileged
to make inquiries personally and to call for a vote on any ruling of the
Chair with which she/he does not agree, whereupon the vote shall
determine the effectiveness of the ruling. The Chair shall expedite all
hearings, confining them to the presentation of only essential matters in
the interest of saving time, but entertain the presentation of sufficient
matter to do substantial justice to all concerned. Final or official action
shall be taken only in regular or special session of the Board of
Adjustment after a hearing.
D. Each meeting of the Board at which applications for variances or appeals
of decisions of the Planning Administrator are heard shall be divided into
(1) a public hearing portion, and (2) a deliberation and decision portion.
Any member who intends to abstain when the vote is taken shall make this
fact known when the Chair announces the public hearing on a request and
shall not participate in any aspect related to that request. During the
public hearing portion the applicant or appellant or his or her
representative shall be given an opportunity to explain the written
application or appeal previously filed and all other persons present at the
meeting shall be allowed to comment for a reasonable period of time. Any
member of the Board may question any person who has spoken during the
public hearing. Applications and appeals shall be called for hearing in the
order presented on the Board's agenda published by the Planning
Administrator. After the public hearing has been held regarding each
application of appeal presented at the meeting the public hearing portion
of the meeting will be terminated and the deliberation and decision portion
will begin. The Chair may permit variations in the order of presentation,
in the event the Chair deems it expedient of otherwise justified. Although
the deliberation and decision portion of the meeting shall be open to the
public, comments from the applicant, appellant or others, not members of
the Board, who may be present will generally not be permitted during the
deliberation and decision portion unless specifically invited by the Chair.
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Page 4 Rnarri of Afly ictment Rnlec
E No application for a variance or appeal shall be deliberated or voted upon
by the Board unless the property owner is present in person or by a duly
authorized agent or attorney and the application of appeal shall
automatically be denied without consideration by the board.
F. Roberts Rules of Order will be followed for parliamentary procedures
insofar as they are applicable and do not conflict with Arkansas State law,
Fayetteville Ordinances, or these rules.
Article VIII. COMMITTEES
The Board of Adjustment may establish such standing, special, or advisory
committees as deemed necessary. Members of such committees may be persons
other than members of the Board of Adjustment, but a member of the Board shall
be named Chair (either active or ex -officio) of such committee.
Article IX: DETERMINATIONS
The Board may grant or deny the requested variance or appeal. In granting a
variance or appeal, the Board may attach conditions or it may grant a partial or
"lesser" variance or appeal than that requested if the Board concludes that such
would be more consistent with provisions of the Zoning Ordinance
and/or having less impact on the surrounding property.
Article X: REHEARING
A rehearing should be for the sole purpose of calling attention to a factual error,
omission or oversight. A request for a rehearing must be submitted to the
Planning Administrator in writing and must state the basis for requesting a
rehearing. The Board may permit a rehearing upon a majority vote of the
members present at the meeting and under such conditions as the Board may
require including payment of the cost of re -advertising and renotification of
interested parties.
Article XI: WITHDRAWALS
No application or appeal which has been docketed for public hearing and
advertised shall be withdrawn.
Article XII: DEFERRAL
No application which has been docketed for hearing and advertised shall be tabled
or deferred except as follows:
1. In the public hearing, the Board may for cause defer an application on it's
own motion.
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Pays 5 Rnarri of Arijnctment Rules
2. If re -advertising and renotification of property owners is required, the
applicant or appellant shall bear the burden of that cost.
Article XIII: APPEALS
Any person or persons, or any board, taxpayer, department or board of the city
aggrieved by any decision of the Board of Adjustment may seek review by a court
of record of such decision in the manner provided by state law.
These rules adopted by the Fayetteville Board of
Adjustment on this Al day of.,
1997.
H:\USERS\COMMON\TIM\BYLAW S\BOARULES. W PD
. Larry Perkins, Chair
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Article'I:
Article II:
Article III:
RULES
FAYETTEVILLE BOARD OF ADJUSTMENT
AUTHORIZATION
The Fayetteville Board of Adjustment is established
in Fayetteville Ordinance Nos. 1747 and 2252,
pursuant to Arkansas State Law. ( A.C.A. 14-56-416)
PURPOSE OF BOARD OF ADJUSTMENT
A. To hear and decide appeals where it is alleged
there is error or ambiguity in any order,
requirement, decision, interpretation or
determination made by the Planning
Administrator.
B . To authorize such variances from the zoning
bulk and area regulations as will not be
contrary to the public interest, where, owing
to special conditions, literal enforcement
would result in unnecessary hardship.
MEMBERS AND TERMS
A. The Board of Adjustment shall consist of seven
members appointed by the City Board of
Directors, each for a staggered terns of five
years.
B . Members of the Board may be removed from
office by the City Board of Directors for
cause upon written charges and after public
hearing.
C. The absence of any member of the Board for:
1) three or more consecutive meetings or
2) more than one-quarter of all meetings
over a period of one calendar year may be
deemed just cause for removal from office
D . Vacancies shall be filled by resolution of the
City Board of Directors for the unexpired from
of the member affected.
Article IV: OFFICERS
A. A Chair shall be elected each year for a one
(1) year term commencing on the first
regularly scheduled meeting of the Board after
July 1. At the last called or regularly
scheduled meeting of the Board in June shall,
by majority vote of members present, elect a
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Board of Adjustment
Rules
Page 2
chairperson for the following year. To be
eligible for election as Chair, one must be a
member of the Board with at least one year
remaining in one's membership term. It shall
be the duty of the Chair to conduct all
meetings of the Board, to assure that adequate
records of the proceedings and actions of the
Board are kept and to represent the Board as
may be appropriate in its external affairs.
In the absence of the Chair from a meeting of
the Board, or from the City at a time when a
Board meeting may be scheduled or become
necessary, the most senior tenured member
present shall become Temporary Chair and shall
call and\or conduct the meeting during the
absence of the Chair. Should the office of
Chair become vacant due to reasons other than
normal termination of the Chair's term of
office, an election of a chair to fill the
balance of the term shall be held at the first
Board meeting after the vacancy occurs.
B. The office of secretary shall be held ex -
officio by the Planning Management Director or
that person's designated representative. The
secretary shall prepare agendas, keep minutes
and maintain records.
Article V: MEETINGS
A. The Board shall meet regularly on the 1st and
3rd Mondays of each month if such day is not a
holiday and if there are appeals scheduled for
hearing. In addition, the Board may meet on
call of the Chair, or Temporary Chair when the
Chair is absent from the City.
B. Notice of all meetings shall be published in a
local newspaper at least one day prior to the
meeting.
C. Unless otherwise specified by the Chair, Board
meetings shall be held at the Fayetteville
City Administration Building at 3:45 p.m.
D. It is primarily the responsibility of the
Board to keep adequate records of its
proceedings and actions. Although the
Board's minutes may be taken and filed by a
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Board of Adjustment
Rules
Page 3
Article VI:
Article VII:
member of the staff of the City Planning
Office, the minutes of each meeting shall
be reviewed by the Board and shall become
the official, public record of the Board's
proceedings and actions when approved by a
majority of the members of the Board
present at a regular meeting.
QUORUM AND VOTE
A. A quorum for the transaction of business shall
be four members. Each Board member, including
the chair, is entitled to one vote. The
granting of any appeal or variance by the
Board shall require an affirmative vote of a
majority of the members present and voting.
Any member of the Board who has an economic
interest in any property or decision before
the Board shall be disqualified from
discussing or voting on such matters.
B. These rules may be amended or modified by an
affirmative vote of not less than five members
of the Board.
CONDUCT OF MEETINGS
A. All meetings are open to the public unless the
Board is in executive session. No official
business shall be transacted during executive
session, except privileged matters relating to
personnel as allowed by law.
B. The Board or members may, at any time, confer
informally with staff members. No business
shall be transacted during such informal
meetings.
C. Meetings shall be conducted informally. The
Chair shall make all rulings and
determinations regarding the admissibility of
evidence, the scope of the inquiry, the order
in which evidence, objections and arguments
shall be heard, and other like matters, except
that any member shall be privileged to make
inquiries personally and to call for a vote
on any ruling of the Chair with which she/he
does not agree, whereupon the vote shall
determine the effectiveness of the ruling.
The Chair shall expedite all hearings,
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Board of Adjustment
Rules
Page 4
confining them to the presentation of only
essential matters in the interest of saving
time, but entertain the 'presentation of
sufficient matter to do substantial justice to
all concerned. Final or official action shall
be taken only in regular or special session of
the Board of Adjustment after a hearing.
D. Each meeting of the Board at which
applications for variances or appeals of
decisions of the Planning Administrator are
heard shall be divided into (1) a public
hearing portion, and (2) a deliberation and
decision portion. Any member who intends to
abstain when the vote is .taken shall make this
fact known when the Chair announces the public
hearing on a request and shall not participate
in any aspect related to that request. During
the public hearing portion the applicant or
appellant or his or her representative shall
be given an opportunity to explain the written
application or appeal previously filed and
all other persons present at the meeting shall
be allowed to comment for a reasonable period
of time. Any member of the Board may question
any person who has spoken during the public
hearing. Applications and appeals shall be
called for hearing in the order presented on
the Board's agenda published by the Planning
Administrator. After the public hearing has
been held regarding each application or appeal
presented at the meeting the public hearing
portion of the meeting will be terminated and
the deliberation and decision portion will
begin. The Chair may permit variations in the
order of presentation, in the event the Chair
deems it expedient or otherwise justified.
Although the deliberation and decision portion
of the meeting shall be open to the public,
comments from the applicant, appellant or
others, not members of the Board, who may be
present will generally not be permitted during
the deliberation and decision portion unless
specifically invited by the Chair.
E. No application for a variance or appeal shall
be deliberated or voted upon by the Board
unless the property owner is present in person
or by a duly authorized agent or attorney and
the application or appeal shall automatically
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Board of Adjustment
Rules
Page 5
be denied without consideration by the
Board.
F. Roberts Rules of Order will be followed for
parliamentary procedures insofar as they are
applicable and do not conflict with Arkansas
State law, Fayetteville Ordinances, or these
rules.
Article VIII: COMMITTEES
The Board of Adjustment may establish such standing,
special, or advisory committees as deemed necessary.
Members of such committees may be persons other
than members of the Board of Adjustment, but a
member of the Board shall be named Chair (either
active or ex -officio) of such committee.
Article IX: DETERMINATIONS
• The Board may grant or deny the requested variance
or appeal. In granting a variance or appeal, the
Board may attach conditions or it may grant a
partial or "lesser" variance or appeal than that
requested if the Board concludes that such would
be more consistent with provisions of the Zoning
Appendix and/or having less impact on the
surrounding property.
•
Article X: REHEARING
A rehearing should be for the sole purpose of
calling attention to a factual error, omission or
oversight. A request for a rehearing must be
submitted to the Planning Administrator in writing
and must state the basis for requesting a
rehearing. The Board may permit a rehearing upon a
majority vote of the members present at the meeting
and under such conditions as the Board may require
including payment of the cost of re -advertising and
renotification of interested parties.
Article XI: WITHDRAWALS
No application or appeal which has been docketed for
public hearing and advertised shall be withdrawn.
Article XII: DEFERRAL
No application which has been docketed for hearing
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Board of Adjustment
Rules
Page 6
and advertised shall be tabled or deferred except
as follows:
1. In the public hearing, the Board may for
cause defer an application on it's own
motion.
2. If re -advertising and renotification of
property owners is required, the applicant
or appellant shall bear the burden of that
cost.
Article XII: APPEALS
Any person or persons, or any board, taxpayer,
department or board of the city aggrieved by any
decision of the Board of Adjustment may seek review
by a court of record of such decision in the manner
provided by state law.
These rules adopted by the Fayetteville
Board of Adjustment on this ft day
of `yLe rr , 19 __ .
`ney.,to Mit
Mrs. Don Mills, Chair
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