HomeMy WebLinkAbout2001-10-01 Minutes•
MINUTES OF A MEETING OF
THE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on Monday, October 1, 2001, at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
ITEMS CONSIDERED
Approval of minutes from the September 4, 2001 meeting.
Page 2
VAR 01-8.00: Discussion item (Harden, pp 610)
Page 3
VAR 01-22.00: Variance (Doyle, pp 399)
Page 5
VAR 01-23.00: Variance (Agrawal, pp 399)
Page 8
VAR 01-24.00: Variance (Doyle, pp 399)
• Page 9
VAR 01-26.00: Variance (Bass, pp 484)
Page 10
VAR 01-27.00: Variance (Eldridge, pp 485)
Page 12
MEMBERS PRESENT
James Kunzelmann
Michael Andrews
Thad Hanna
Michael Green
Joanne Olszewski
STAFF PRESENT
Dawn Warrick
Kit Williams
• David Whitaker
Renee Thomas
Jay Pence
ACTION TAKEN
Approved
No action
Approved
Approved
Approved
Approved
Approved
MEMBERS ABSENT
Larry Perkins
Marion Orton
STAFF ABSENT
Tim Conklin
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Board of Adjustment Minutes
October 1, 2001
Page 2
ROLL CALL:
Approval of Minutes
Green:
Andrews:
Warrick:
Green:
Andrews:
Olszewski:
Green:
ROLL CALL:
Green:
Warrick:
Upon the completion of roll four board members were present with Perkins and
Orton being absent, Hanna arrived at 4:00 p.m.
I will call the meeting to order. My name is Michael Green. I am acting chairman today
in Larry Perkins' absence. We will try to get through our agenda. The first item on the
agenda is the approval of the minutes of the last meeting. Has everyone had a chance to
read those? Are there any corrections or additions that should be made?
I think we were just passed out new pages 22 and 23 that had a couple of corrections that
I called in.
There were two amendments that Mr. Andrews pointed out on those two pages and you
have revised copies today.
Do you want to take a minute to verify that? Are there any other corrections or additions?
I move that we accept the minutes from the last meeting.
I second it.
We have a motion and second to approve the minutes with corrections to pages 22 and
23. Any other discussion? Call the roll please.
Upon the completion of roll call the minutes for the September 4, 2001 meeting
were approved by a vote of 4-0-0.
We still have a quorum with our four people so we are continuing.
That is correct.
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Board of Adjustment Minutes
October 1, 2001
Page 3
Discussion item requested by Board of Adjustment Chairman. Review of action taken by Board of
Adjustment on June 4, 2001 concerning VAR 01-8.00: Variance (Harden, pp 610) was submitted by
Roderick W. Harden for property located at 5169 Cattail Court. The property is zoned R-1, Low Density
Residential and contains approximately 0 34 acres. The requirement is a 20' rear setback. The request
is a 10' rear setback (a 10' variance).
Green:
The next item is concerning old business which is a discussion of an item to review action
taken by the Board of Adjustments on June 4, 2001 concerning Variance 01-8.00. This
variance was Harden, pp 610 submitted by Roderick Harden for property located at 5169
Cattail Court. As you remember, this was called backup as a clarification by Chairman
Perkins and we had some discussion and some information by the City Attorney and both
sides ofthis issues made statements concerning the actual status ofthis rezoning which had
been approved previously. Are there some additional items?
Williams: Let me give a brief update if I could Mr. Chairman. We have heard some more things.
We have discussed some more things in the City Attorney's office with the attorneys
representing both parties. The Home Owner's Association as well as Mr. Harden.
However, at this point in time Mr. Harden is in Fort Sill, Oklahoma. We believe he is or
will very soon be called to active duty. Because ofthat, I believe some of you are aware
of the Soldiers and Sailors Relief Act, which means that all legal proceedings are stayed
when someone gets called into service. I don't know as a fact that he is actually on active
duty as we speak today. I am going to require a copy of his orders for my files so I can
be sure that in fact has happened. Because ofthat I told both his attorney and also Pete
Estes representing the Homeowners Association, and Pete was aware ofthis too, that I
think the Board of Adjustments at this point is stayed from any further action that you all
can do. We have to wait until Mr. Harden would be released from active duty and would
return before the board could take any further action. 1 have heard that there is some
likelihood that this situation can be resolved by itself without us having to go back and do
any further action but we won't know until it is actually done. We are very hopeful that it
will be resolved. At this point in time I don't think that the board can take any action until
Mr. Harden is released from active duty. I will follow up on this and like I said, I do want
to get a copy of his orders to put in the file so that you will know that in fact this is the case.
Green: Does this also stay any statute of limitations?
Williams: Yes, it basically just tolls everything. It is a stay for everything, court action as well as
administrative action but it also will toll the statute of limitations so that they can't come
back in and say well you didn't do anything because we can't do anything. That is about
my full report on that. I wanted to introduce everyone to David Whitaker, the Assistant
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Board of Adjustment Minutes
October 1, 2001
Page 4
City Attorney. I have asked David to sit in to your Board of Adjustment meetings on a
regular basis in case you all might have any legal questions. I would certainly ask that you
inquire upon David if you do have any legal concerns about anything that comes up,
planning staff of course is ready to give their interpretation of the planning ordinances but
there might be other legal issues that would come up. Please rely upon David and David's
advice for that. We are here just to help and serve. If you don't need our advice then
don't ask it. We are certainly here and ready to give it if you all feel the need at anytime.
With that, I am going to leave and leave David here for the rest of the meeting. Unless you
have any questions about the Harden case?
Green: Are there any questions? Ok, thank you.
Green: Is there any other discussion on this other than it will be stayed? Ok, we will move on then.
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Board of Adjustment Minutes
October 1, 2001
Page 5
VAR 01-22.00 Variance (Doyle, pp 399) was submitted by Al Harris of Crafton, Tull & Associates, Inc.
on behalf of Charles Doyle for property located at 4742 Dover Street. The property is zoned R-1, Low
Density Residential and contains approximately 0.25 acres. The requirement is for a 25' front set back.
The request is for a 23.1' front setback (a 1.9' variance) on Dover Street and a 23.5' front setback (a 1.5
variance) on Desarc Way.
Green:
Our first order of new business, actually, there are three variance requests that are very
closely related and probably all of the logic and the findings are the same with any three
of those. If you would like we can keep those separate or we can discuss them as three
of a kind and then vote on them separately. What does the Committee wish?
Andrews: I'm in favor of discussing all three ofthem at once and then doing a separate vote if that
is fine with everybody else.
Green:
Warrick:
Alright, Dawn can you give us some background on these three?
I will try to give some background in a manner that is understandable. These variances all
did come to the Planning Division together. The applicant is the same on each ofthem.
The builder was the same on each of them. Refer to page 2.8 which is a survey that shows
all three lots together. Let me start by giving you some sort of reference on where these
things are. These are three single family lots, single family homes, located in the Fieldstone
Subdivision. They are at the corner of Dover Street and Desarc Way. Item No. 2 is the
corner piece which is identified on that survey as lot number 64, item number 3 is lot
number 65 and item number 4 is lot number 66. They are all three immediately adjacent
to each other. The contractor is the applicant and is the owner of two of the lots currently,
lot number 66 and lot number 64. Lot number 65 has sold and is owned by another
individual. The contractor is making this variance request on their behalf. In each of these
cases there are encroachments to the front setback. On the comer lot there are
encroachments on both street frontages. They are relatively small encroachments. I
believe the largest is a2%foot encroachment into the front required 25 foot setback. Each
of the others is 1.9 or less as far as the size of the encroachment. The applicant's
statement with regard to why this encroachment occurred was contractor error at the time
of construction. One thing that is somewhat unique to these three together is that the lot
lines for lots number 65 and 66 are being adjusted in order to accommodate an additional
encroachment that is not requesting a variance at this time. I believe the building on lot
number 66 was constructed too far to the east and encroached the side setback adjacent
to lot number 65. Lot line adjustments are pending. The applicant has requested lot line
adjustments. There is enough room, thank goodness, in this situation to stagger those lines
enough to accommodate a new encroachment and provide for the required setbacks for
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Board of Adjustment Minutes
October 1, 2001
Page 6
Green:
Olszewski:
Warrick.
Olszewski:
Warrick:
Olszewski:
Warrick:
all of these structures. That is something that is happening in addition to the actions that are
before you. It is something that also stems from the same situation of contractor error in
siting these structures on the lots. The two lots that are currently under contractor's
ownership, 64 and 66 were finaled in December, 2000. They were built at the same time
approximately. On lot number 65 the house was constructed earlier and it was fmaled in
May, 2000. It came first and then the other two were built after. I believe that that covers
just the general information. Staff is recommending approval of the variance requests in
each of the situations with the condition that the variance only apply to the existing
structures and not be conferred to any additions or modifications to the structures in the
future. Therefore, we won't see a perpetuation of an encroachment. Any new addition
or modifications on any of these structures would have to comply with setback
requirements in the R-1 zoning district if these are approved as recommended. I believe
that the contractor is here and he might be able to answer any questions that I'm not able
to yield.
For the record I should state what these variances are. We usually state what particular
number they are. The first one is VAR01-22.00, the second one is VAR 01-23.00 and
the third one is VAR 01-24.00 for lots 64,65 and 66. Are there any questions?
I note that the original contractor is now deceased is that correct?
Yes, that is correct.
As I was reading this, because I always ask you who the contractor is and you keep a list.
Would it be possible when these are written up and they say they are due to a contractor's
error that we would name the contractor in the future so that as a matter of public record,
anyone who s reading this would see that? Would that work?
Yes Ma'am. I can certainly do that. I thought that it might be listed in here.
Yes, it is listed in this particular one but I know that that was in the letter.
Predicting your question, I did check through our log to see whether or not this contractor
had other variance requests There is one that is also in this general area in the Bridgeport
subdivision that was processed and approved in May, 2000 also a front setback
encroachment.
Olszewski: Thank you.
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Board of Adjustment Minutes
October 1, 2001
Page 7
Green: Would the contractor like to say anything?
Doyle: My name is Charles Doyle, I was partners with my brother but I was not active at that time
in doing this. He located those things and all these properties are items that he did. He is
deceased now and I'm just trying to correct, follow up and dissolve all business for this
company so I can have everything taken care of.
Green:
MOTION
Does anyone have any questions of Mr. Doyle? Is there anyone else in the audience who
would like to say anything about this item? Lets take the first one, VAR 01-22.00, is there
a motion?
Andrews: I'll move that we pass the variance according to staff recommendations and for 1.9 feet
and 2.5 feet as shown on the attached site plan.
Olszewski: I'll second it.
Green: Ok, we have a motion and a second. Any further discussion? Call the roll please.
ROLL CALL: Upon the completion of roll call the motion to approve VAR 01-22.00 was approved
by a vote of 5-0-0.
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Board of Adjustment Minutes
October 1, 2001
Page 8
VAR 01-23.00 Variance (Agrawal, PP 399) was submitted by Al Harris ofCrafton, Tull & Associates,
Inc. on behalf of Charles Doyle for property owned by Anand Agrawal and located at 4766 Dover Street.
The property is zoned R-1, Low Density Residential and contains approximately 0.25 acres. The
requirement is for a 25' front setback. The request is for a 23.35' front setback (al .65' variance).
Green: The next item is VAR 01-23.00 for lot 65. Is there any discussion or a motion on that
one?
MOTION
Andrews: I'll move that we pass the variance request of 1.65' setback as shown on the site plan with
staff recommendations.
Olszewski: I'll second it.
Green: Ok, we have a motion and a second. Any further discussion? Call the roll.
• ROLL CALL: Upon the completion of roll call the motion to approve VAR 01-23.00 was
approved by a vote of 5-0-0.
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Board of Adjustment Minutes
October 1, 2001
Page 9
VAR 01-24.00 Variance (Doyle, pp 399) was submitted by Al Harris ofCrafton, Tull & Associates,
Inc. on behalf of Charles Doyle for property located at 4782 Dover Street. The property is zoned R-1,
Low Density Residential and contains approximately 0.25 acres. The requirement is for a 25' front
setback. The request is for a 23.3' front setback (a 1.7' variance).
Green: The third piece of property is VAR 01-24.00 for lot number 66.
MOTION
Andrews: I'll move that we pass the variance requested of 1.7' setback according to staff
recommendations.
Olszewski: I'll second it.
Green: Ok. We have a motion and a second. Any further discussion? Call the roll please.
ROLL CALL: Upon the completion of roll call the motion to approve VAR 01-24.00 was approved
• by a vote of 5-0-0.
Green: The motions passed on all three pieces of property.
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Board of Adjustment Minutes
October 1, 2001
Page 10
VAR 01-26.00 Variance (Bass, pp 484) was submitted by Clay Bass for property located at 327 W.
Meadow. The property is zoned R -O, Residential Office and contains approximately 0.29 acres. The
requirement is 25' front setback. The request is for a 19' front setback (a 6' variance).
Green:
The next item on the agenda is VAR 01-26.00 by Clay Bass for property located at 327
W. Meadow. The property is zoned R -O, Residential Office and contains approximately
0.29 acres. The requirement is 25' front setback. The request is for a 19' front setback
(a 6' variance). Can you give us some background on this one Dawn?
Warrick: I have a minor modification to your description as well. It should state the requirement is
a 30' front setback, the request is for a 19'8" front setback, a 10'4" variance. This
particular property is located on Meadow Street. You can find that property on page 5.19
which is a close up map. It is located on the south side of Meadow between School and
Locust in the middle of the block. It is in the downtown area It is zoned R -O, Residential
Office. Currently on the site there is one single family home and four multifamily units, four
single bedroom units. Back in 1998 the Board of Adjustment as well as the Planning
Commission approved variances and a conditional use in the instance of the Planning
Commission for these multi family units to be added to the rear of this property. Currently
the single family home is existing in the location that is at 19'8" from the front property line
which is the variance that has been requested today. The previous variance that was
granted for the existing structure was tied specifically to that structure. Mr. and Mrs. Bass
would like to remove that single family home and erect a new one. They would like to use
that front setback that was previously granted for the existing structure. Because the
approval was tied specifically to the structure that was on the ground at the time in 1998
and that still exists on the lot, staff felt that it was appropriate to bring this new request to
you since it will be a variance for a new structure and not necessarily what was existing
because that was what was considered when the original variance was brought to you.
Staff is recommending approval of the variance request We recommend with that
approval three conditions. The first that the variance only apply to the proposed structure,
no future additions or modifications shall encroach any required setbacks without approval
from the Board of Adjustment. Second, that the single family home shall not be converted
into multi family residential units without review and approval by the Planning Commission.
Additional density in the R -O zoning district, greater than what is existing on the site would
require additional approval. The third condition recommended would be that this structure
shall be constructed within one year from the date of approval or the variance at that point
would be considered null and void. I believe that the applicant is wanting to construct this
immediately. The reason that this came before you is because they applied for a building
permit. They are ready to actually go forward and start work on the project. There is a
site plan included in your packet and that is on page 5.9. You can kind of see undemeath
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Board of Adjustment Minutes
October 1, 2001
Page 11
there is a dashed line that indicates the existing footprint of the structure, the current house
that is on the lot, and then they have new lines showing the proposed new home that the
Basses are wanting to construct The architect for the project was trying to get me a better
site plan but was unable to, he was having computer problems when I made that request
last week. Mr. and Mrs. Bass are here if you have any questions for them or for staff.
Green: Ok. There are no problems that you know of as far as future widening of the street that
would create a problem there?
Warrick: That is a good question. There is currently adequate right-of-way to meet that definition
and the defined street section is ok in that location. We don't anticipate the necessity for
additional right-of-way in this location.
Green: Ok. Any questions for Dawn? Would the applicant have anything to say or add to this?
Bass: No, she summed everything up that we were asking.
Green: Are there any questions for the applicant? Any comments from the public?
MOTION
Andrews: I don't see a problem with us granting the variance. It looks like the only solution they can
do, to rebuild ahouse on that property. I think it would be a reasonable variance to grant
to the applicant.
Green: Is there a motion?
Andrews: 1'11 turn that into a motion. I will recommend we approve the 10'4" setback variance as
shown on the site plan including staff recommendations.
Kunzelmann: Second.
Green: Ok. We have a motion and a second to approve the variance with the staff
recommendation and conditions. Any other discussion? Call the roll please
ROLL CALL: Upon the completion of roll call the motion to approve VAR 01-26.00 was
approved by a vote of 5-0-0.
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Board of Adjustment Minutes
October 1, 2001
Page 12
VAR 01-27.00 Variance (Eldridge, pp 485) was submitted by Tim de Noble on behalf of William &
Martha Eldridge for property located at 409 E Lafayette St. The property is zoned R-1, Low Density
Residential and contains approximately 0.22 acres. The requirement is for a 25' front setback. The request
is for a 19' front setback (a 6' variance)
Green:
The next item on our agenda is a VAR 01-27.00 submitted by Tim de Noble on behalf of
William & Martha Eldridge for property located at 409 E Lafayette St. The property is
zoned R-1, Low Density Residential and contains approximately 0.22 acres. The
requirement is for a 25' front setback. The request is for a 19' front setback (a 6'
variance). Can you give us some background Dawn?
Warrick: This project is located on Lafayette Street. It is between Walnut and Olive. It is in the
Washington Willow Historic District and is about half a block east of St. Joseph's school
and church facility on the south side of Lafayette. The structure is obviously existing. It
was built in 1885. Right now the main structure sits on the 25' setback line. The applicant
is looking at adding an overhang to the front of the building and also a shelter over the front
porch to extend out into that setback and provide shelter at the front door and to also and
some erosion and drainage problems that are occurring with the house. That would include
the proposal for a 1'1 I 'A" extension of the existing eave that is along the whole front edge
of the property and then a cover over the porch which would be 6' deep. That is where
the 6' total variance is going to come in to play. I believe that covers the main request.
This is a somewhat unique situation in that the building was existing prior to any zoning
ordinances coming into effect for the city, but still met the requirements. Normally you
don't really see that. You see older structures pushed closer to the street. The structures
adjoining this, in the general neighborhood, many of them preexisted zoning and many of
them do have encroachments This particular addition that is proposed is minor when you
look at some of the other encroachments in the area and I believe that it is for a substantial
reason in that it is going to better protect the historic property. It should hopefully provide
for a building that would last longer than it would without these additions. The applicant's
architect has provided some elevation drawings that do show the proposed addition and
the way that it would modify the elevation of the structure. I believe that it is in keeping
with the character of the neighborhood and with the existing structure on the site. Staff is
recommending in favor of the two variance requests with one condition. That be that the
variance apply only to the proposed overhang and to the porch extensions on the north
elevations of the existing structure and the applicant and architect are here to answer any
questions you may have.
Green: Ok. First question I have of course, is with future widening of Lafayette Street.
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Board of Adjustment Minutes
October 1, 2001
Page 13
Warrick:
Green:
DeNoble:
Lafayette has adequate right-of-way.
Any other questions? Any comments from the applicant?
I would clarify one thing, I don't think I made it obvious in my letter. The existing porch
actually already encroaches. The porch slab is 6' out from the house so it is alright 19'
from the right-of-way. The porch overhang which unfortunately, dumps all the water on
anybody coming to visit them, extends 41/2 feet into the 25'.
Warrick: The overhang is probably the only part of the structure that actually encroaches. The
porch is ok, it is less than 30" in height.
Green: Are there any questions or comments from any of the members? Is there a motion anyone
would like to make?
MOTION
Olszewski: I recommend the 6' variance with the staff recommendations as listed.
Andrews: 1 second.
Green: This will also apply to the 1' 11 'A" variance for the overhang right?
Olszewski: Yes.
Green:
Ok, there is a motion and a second to approve the two parts of the variance and in
accordance with staff recommendations for its condition. Is there any other discussion?
Call the roll please.
ROLL CALL: Upon the completion of roll call the motion to approve VAR 01-27.00 was
approved by a vote of 5-0-0.
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