HomeMy WebLinkAbout1997-04-07 MinutesIg
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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, April 7,
1997 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain Street,
Fayetteville, Arkansas.
MEMBERS PRESENT: Larry Perkins, Gerald Boyd, Marion Orton, Thad Fianna and Paul
Wilhelms.
Bob Nickle and Michael Andrews
Charles Venable, Sharon Langley and Heather Woodruff
MEMBERS ABSENT:
STAFF PRESENT:
APPROVAL OF MINUTES
The minutes of the March 3, 1997 meeting were approved as distributed.
NEW BUSINESS:
BA97-4.00: VARIANCE FROM REQUIRED SETBACKS
THE BAKERY BUILDING - SW CORNER OF LOCUST AND DICKSON
The first item was an appeal submitted by Greg House on behalf of The Bakery Building for
property located at the southwest corner of Locust and Dickson Streets. The property is zoned
C-3, Central Commercial, and contains approximately 0.67 acres. The request is for variances
from the required setbacks on the north and west sides of the East Bakery Building and from the
required 15 -foot setback on the south side of the West Bakery Building.
Mr. House explained the two buildings were constructed in the late 1930's and had been
constructed in the setback areas, resulting in the request for no front setback to the north (on
Dickson Street), a 3'6" setback (a 6'6" variance) from the centerline of the alley to the west for
the East Bakery Building and a 5 -foot setback (10 -foot variance) to the south (rear setback) for
the West Bakery Building. He explained they wanted to replace a canopy to the east bakery
building which would extend into the nght-of-way of Dickson Street. (The original canopy had
been removed approximately 15 years earlier.) He pointed out the canopy would be 10'6" in
height.
Ms. Little noted the Board did not have jurisdiction over the right-of-way encroachment.
In response to a question from Mr. Boyd, Mr. House stated they had not applied for a sign
permit.
. Mr. Boyd advised the Board had jurisdiction only on property within the property lines but not
any encroachments into rights-of-way.
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Board of Adjustments
April 7, 1997
Page 2
Mr. Venable expressed concern regarding encroachments via canopies in the alleyway, stating
they would need to be high enough for access by semi -trucks.
Mr. House explained they were proposing a curb along the alleyway which would eliminate the
trucks passing under the canopy.
Ms. Langley advised staff recommended approval of the requested variances.
MOTION
Mr. Boyd moved to approve the variances requested which were located within the property lines
of the subject property.
Ms. Orton seconded the motion.
Mr. Wilhelms asked if the back wall of the West Bakery Building was fire rated since the
building was only 5 feet from the property line.
Mr. House stated he had discussed the matter with Bert Rakes, Inspection Superintendent, and
they were meeting the Southern Building Code in their renovation.
The motion carried 4-0-1 with Mr. Wilhelms abstaining since he was late arriving at the meeting.
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Board of Adjustments
April 7, 1997
Page 3
BA 97-5:00: VARIANCE FROM REQUIRED SETBACK
WILKINS HOMES. INC. - 2474 VICTORIA LANE
The next item was a request for a variance submitted by David Fulfer on behalf of Wilkins
Homes, Inc., for property located at 2474 Victoria Lane. The property is zoned R-1, Low
Density Residential, and contains approximately 0.40 acres. The request is for a variance of 18
inches from the 25 -foot required front building setback.
Ms. Langley advised the house had been constructed in 1993, had been lived in since that date
and the encroachment had just recently been discovered. She pointed out the area in violation
was approximately 4 %Z square feet. She noted the staff recommended approval of the variance
request since the amount of encroachment was minimal and requiring the applicant to remove
that portion of the house located in the setback would not serve any public purpose.
Mr. Fulfer explained the house was located in a cul-de-sac, making it difficult to measure the
setback since it would be curved.
In response to a question from Mr. Boyd, Mr. Fulfer explained Wilkins Homes, Inc., had
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constructed the home for Lindsey.
MOTION
Mr. Hanna moved to approve the variance request as submitted.
Ms. Orton seconded the motion.
Mr. Boyd recommended the Planning staff notify the construction company that created the
encroachment that a variance had been requested.
The motion carried unanimously, 5-0-0.
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Board of Adjustments
April 7, 1997
Page 4
BA 97-6:00: VARIANCE FROM REQUIRED SETBACKS
RACHAEL McGEE -- 179 CYDNEE
The final item was a request for a variance submitted by Maxie Stem on behalf of Rachael
McGee for property located at 179 Cydnee. The property is zoned R-2, Medium Density
Residential, and contains approximately 0.10 acres. The request is for a variance of 12 feet from
the required 25 -foot rear setback.
Ms. Langley advised staff recommended approval provided the structure was built in substantial
compliance with the illustration presented by the applicant and was constructed within one year.
She explained the patio cover was a lattice -type cover and not a solid roof. She also pointed out
the structure was a "patio" home with another property owner immediately adjacent. She noted
the adjoining property owner had been notified and staff had not heard from that property owner.
Mr. Stem stated he had talked to all of the adjoining property owners including the one next door
and none of the property owners were opposed to the structure.
Ms. Langley also noted there was a Property Owners Association for the subdivision and the
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POA had not yet reviewed the request.
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Mr. Stem advised the Property Owners Association had directed him to apply for the City
variance first.
MOTION
Mr. Boyd moved to approve the request subject staff recommendations and to the cover being
mostly open.
Mr. Hanna seconded the motion.
The motion carried unanimously, 5-0-0.
The meeting adjourned at 4:15 p.m.
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