HomeMy WebLinkAbout1992-12-07 Minutes• • MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Fayetteville Board of Adjustment was held on Monday, December 7, 1992, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Gerald Boyd, Don Mills, Lonnie Meadows, Marion Orton, Larry Perkins -and Thad Hanna OTHERS PRESENT: Alett Little, Tim Conklin, Sharon Langley, Lynn Farrell, Frances Langham, and others Ms. Little introduced the new Associate Planner, Tim Conklin. PROTOCOL Ms. Don Mills called the meeting to order. She explained the format of the meeting. APPEAL NO. BA92-24 - REQUEST FOR A VARIANCE OF AREA AND BULK REQUIREMENTS BARBARA DAVIS-KELLY -.935 OAKLAND The next item to be heard was a request for a setback variance on property located at 935 Oakland, presented by Lynn Farrell on behalf of Barbara Davis - Kelly. The property is zoned R-3, High Density Residential. Mr. Farrell explained the lot measured 50 x 140 and believed the lot would be more saleable if there was a variance on the building setback. He further explained he had been informed by the Planning Office staff that such a request could not be made unless he presented the specific plans on how a structure would be situated on the lot. He advised he did not plan to have such plane but had planned on getting the variance in order to make the property more marketable. He stated that, due to the information received from the Planning Office, he wished to withdraw the request. There was discussion as to whether another application could be filed on the subject property within the next year since this application was being withdrawn. Ms. Little pointed out they had not take any action on the request and, therefore, she believed the year limitation would not apply. After further discussion, Ms. Mills suggested tabling the matter for a certain time period rather than accepting the withdrawal. MOTION Mr. Boyd moved to defer this case for up to three months with the costs of re - advertising to be borne by the applicant. Ms. Orton seconded the motion. The motion carried unanimously. . APPEAL NOS. BA92-25 & BA92-26- REQUEST FOR A VARIANCE OF AREA AND BULK REQUIREMENTS FRANCES LANGHAM - LOT 10 & 11, BROOKHOLLOW SUBDIVISION, PHASE III The next item was an appeal for a variance from setback requirements submitted by Frances Langham for property located on Lots 10 and 11, Brookhollow Subdivision, Phase III. The property is zoned R-1, Low Density Residential. 93 Board of Adjustments December 7, 1992 Page 2 Ms. Langham explained she was requesting the variances in order to allow one dwelling unit on each lot with each unit constructed on the center property line between lots 10 and 11 sharing common walls. She advised the Board the subject property was lower than the other property in the subdivision and she wished to build on the highest point on each lot, which meant the houses would needed to be joined. She presented an architectural drawing of the proposed houses to be located on the sites. She also pointed out the easements located on the property. Ms. Langham advised there were many multi -family homes immediately to the north. She stated she believed her units would be a buffer between the single-family homes to the east and the multi -family homes to the north. Mr. Conklin explained that, under city code, the applicant was proposing town homes. He further explained a town home was defined as "two or more single- family dwelling units constructed in a series of attached units with property lines separating each unit". He noted he had originally been concerned that the subdivision covenants allowed only single-family homes however, had determined the town homes did meet that requirement. Mr. Conklin noted that the special conditions and circumstances regarding the site did not result from the actions of the applicant. He advised that each parcel would only have one dwelling unit as with all other parcels within the subdivision and would not result in granting a special privilege to the applicant. He also stated there were no nonconforming conditions which existed that had caused the applicant to request the variances. Mr. Conklin recommended approval of the requested variances based on the findings presented within the staff report. He advised that granting of the variance would not be injurious to the neighborhood or otherwise detrimental to the public welfare. He also noted granting the variance would provide a buffer between the existing duplexes east of the site and single-family homes south and west of the proposed town homes. In response to a question from Mr. Boyd, Ms. Langham stated the area had been developed by R C Development. Mr. Boyd pointed out that, if the building setbacks were enforced, the lots would be unbuildable. Ms. Mills asked if all other requirements would be met if the Board granted the zero lot lines. Ms. Langham stated they would and pointed to the architects drawing of the proposed units. She noted the units would look like one large house. She also pointed out that, even though the property was restricted to single-family homes, the property was zoned R-2. Ms. Little pointed out the homes would also be more visible, from an emergency standpoint, if they were constructed as town homes. In response to a question from Mr. Perkins, Ms. Little explained the driveway was 50 feet wide, giving each property a 25 -foot access. Ms. Mille stated she believed this was one of the few lots they had seen that actually qualified as needing a variance due to the physical lay -out of the land. Ms. Orton agreed and stated this was the intent for tandem lots -- to make it possible for difficult land to be built on. i°1 •. • • Board of Adjustments December 7, 1992 Page 3 MOTION Mr. Boyd moved to grant the requested variance. Mr. Perkins seconded the motion. Mr. Conklin recommended including in the motion the architectural rendering which made the town houses look like a single-family home. Mr. Boyd agreed to include that in the motion. The motion carried unanimously. MINUTES The minutes of the October 19, 1992 meeting were accepted as distributed. OTHER BUSINESS: Robert Davis Resignation Me. Mills noted she had passed around a letter thanking Bob Davie for his service. She explained weeks earlier and the vacancy would be advertised before the meeting started Mr. Davis had resigned a few and an appointment made. City Council Me. Milts stated that, since there was a new City Council, she believed they should invite the members to attend a Board of Adjustment meeting, if they so desired. She asked the invitation be included as a part of the Minutes. She further stated that, if there was any information the Board could provide the members of the City Council, they would be happy to do so. The meeting adjourned at 4:15 p.m. After discussion, Ms. Little recommended the formation of a sign committee from members of the Board of Sign Appeals to address the changes to the sign ordinance. The meeting adjourned at 5:25 p.m. 95