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HomeMy WebLinkAbout1997-10-06 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 Monday, October 6, 1997 at 3:45p.m., Room 111 of the City Administration Building, 113 W. Mountain Street Fayetteville, Arkansas. MEMBERS PRESENT: Robert Nickle, Thad Hanna, Paul Wilhelms, and Michael Andrews. STAFF PRESENT: Sharon Langley and Heather Woodruff ITEMS ACTION TAKEN 1. BA 97-26.00: Variance (Harvey Smith) Approved 2. BA 97-27.00: Variance (Steve & Karla Caraway) Approved APPROVAL OF MINUTES Minutes were approved as distributed. • BA 97-26.00: VARIANCE (HARVEY SMITH) UARVEY SMITH -2680 E. JOYCE BOULEVARD • The appeal was submitted by Harvey Smith for property located at 2680 East Joyce Boulevard. The property is zoned R -O, Residential Office, and contains approximately 1.88 acres. The request is for a 15' front setback (a 15' variance) for proposed office building and existing building that will front a new street planned as part of a lot split. Staff recommendation: The staff recommends approval of the requested variances as shown on the site plan submitted with this application for the existing and proposed building subject to access being provided into the parking lot (north parking lot) from the new street. Ms Langley explained the applicant was requesting a 15' front setback to the west for the existing building A 15' setback from the north for the proposed building, and a 5' setback from the west for the proposed building. The site was located on a cul-de-sac which would cut off a portion of the proposed building. She explained a lot split had been granted in January, which required a new street to be constructed. The new street had caused the encoarchment the existing building and proposed building. She added the large scale had been approved with the proposed building. The staff was recommending approval of the variance request. In response to questions from Mr. Nickle, Ms Langley stated the street would be public. A 30' setback would normally be required. G9 Board of Adjustments and Sign Appeals October 6, 1997 Page 2 Mr. Becker requested a 5' variance on the west and a 15' variance on the north in order to located the building as approved for the Large Scale Development. He noted the 15' variance on the north was only for a small portion of the corner of the building. He noted theoretically the site had three fronts. Ms. Langley clarified the variance would be 15' from the north, 5' from the west and 15' from the west on the existing building. There was no public comments. MOTION Mr. Wilhelms moved to change the building setback to 15' along the entire road way for this parcel of land (east side of the road.) Mr. Andrews seconded the motion. The motion carried by a vote of 4-0-0. • • • Board of Adjustments and Sign Appeals October 6, 1997 Page 3 BA 97-27.00: VARIANCE (STEVE AND KARLA CARAWAY) STEVE AND KARLA CARAWAY -810 WOOLSEY AVENUE The appeal was submitted by Steve and Karla Caraway for property located a 810 Woolsey Avenue. The property is zoned R-1, Low Density Residential, and contains approximately .79 acres. The applicant intends to create living quarters for an elderly relative in an existing 350 square foot garage which encroaches 2' into the 8' side setback. This application will also required Planning Commission approval for a conditional use for a detached second dwelling unit in an R-1 zoning district. Staff recommendation: the staff recommends approval of the requested variance as shown on the site plan submitted with this application for the existing garage/ second dwelling unit subject to the Planning Commission approving the detached second dwelling unit. Ms. Langley explained the applicants would be applying for a conditional use for a granny unit for the applicants father. In the process of applying for the conditional use it was discovered the garage encroached into the side setback by 2'. The variance would have to be granted before the granny unit could be approved. Mr. Caraway stated the house and garage had been constructed in 1912. Mr. Nickle asked if the alley had been vacated. Ms. Langley replied it was quicker and less expensive to get a variance. Time was an essence because her father needed a place to stay a quickly as possible. Ms. Fennel Russell, adjacent property owner, asked if this property could be used as rental property if the Caraways were to sell their property. She requested that the granny unit be approved for use by the applicants father, but not for use as rental property. Mr. Nickle explained it was not the duty of the Board of Adjustments to address those issues. They could grant a variance for the encoarchment of the garage. He explained the title company could not insure against the building without the variance. She would have to express her concerns to the Planning Commission. Ms. Langley added the applicant could place a deed restriction on the property. MOTION Mr. Nickle moved to approve the variance as requested. (r� • Board of Adjustments and Sign Appeals October 6, 1997 Page 4 • • Mr. \Vilhelms seconded the motion. The motion carried by a vote of 4-0-0. Meeting adjoumed at 4:30 pm. 61