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HomeMy WebLinkAbout1997-03-24 MinutesMINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Planning Commission was held on March 24, 1997 at 5:30 p.m. in Room 219 of the City Administration Building, 113 W. Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Phyllis Johnson, Jerry Allred, John Harbison, Conrad Odom, Gary Tucker, Lorel Hoffman, Bob Reynolds, John Forney, and Mark Sugg. STAFF PRESENT: Alett Little, Jim Beavers, Dawn Warrick, and Heather Woodruff. APPROVAL OF THE MINUTES The minutes were approved as distributed. Ms. Johnson announced item # 3, AD 97-3.00: Appeal of the sidewalk requirement for US Post Office had been removed from the agenda at the applicant's request. • CU97-3.00: CONDITIONAL USE FOR DETACHED DWELLING UNIT KATHLEEN KINTER-1723 N. GARLAND STREET The conditional use request was submitted by Nancy Whiteside on behalf of Kathleen Kinter for property located at the southwest corner of Deane Street and Garland Ave (1723 N. Garland Avenue). The property is zoned R-1, Low -Density Residential, and contains approximately 0.66 acres. The request is for a detached second dwelling unit. The staff recommended approval contingent upon the following conditions: 1. Compliance with Section 160.195 with respect to screening, ingress/egress, off-street parking, and proposed lighting being directed downward away from adjacent property owners. 2. Prior to issuance of a building permit, a deed restriction to run with the land shall be recorded which specifies the use of the detached second unit as an independent dwelling may continue only as long as one unit on the property is owner occupied. 3. The second dwelling unit shall be constructed as shown on submitted plans and elevation drawings. Material and colors used shall be the same as the submitted material sample board. Ms Johnson noted the lot had an existing two-story dwelling on it presently and the proposed second dwelling unit would contain 710 square feet of living area which would be above a 672 square feet garage. She added the tract of land could be developed as two single family homes. She asked if the second unit was approved would there be adequate space to build another home. Planning Commission Meeting March 24, 1997 Page 2 Ms. Little explained the chosen location of the second dwelling unit made the conditional use necessary. She added the shingles, siding, shudders, and colors would be similar to those of the existing home. The existing drive would be used as the access to the seconded unit. PUBLIC COMMENT Mr. Eugene Dixon, an area resident, expressed concerns about adding a small rental unit onto a larger house. He felt this addition could change the complextion of the neighborhood. Ms. Little stated the owner of the property actually owned two separate lots. Mr. Dixon asked if this would be considered a new dwelling with a separate lot and if it could be sold separately. Ms. Little explained a deed restriction, filed at the court house, would run with the property stating the second unit would not be sold separately. One of the dwelling units would always be owner occupied. • Mr. Dixon objected to having an income property in an area that had traditionally been one family and one house neighborhood. There was no further public comment. In response to a question from Mr. Sugg, Ms. Little stated lot one was a corner lot and there was a requirement for a 25' setback from both Deane and Garland Street. There was no problem on Garland, they were going to work out the problems with setbacks along Deane Street. Their setback concerns were with the existing residence, which was located too close to the lot line between lots one and two to be legal. A variance would be required for the separation between the new unit and the existing residence, although it is a movable carport at the rear of the existing residents. They had looked at another location, but there were a number of large trees to the rear which they did not want to disturb. Ms. Hoffman asked if the applicant could attach the second dwelling to the existing residence. Ms. Nancy Whiteside, Ms. Kinter daughter, stated she would be overseeing the project. They had considered attaching an addition to the house, but had decided a separate building would look better. The air-conditioning and cellar were located on the logical side where the addition could be built. A breeze way would have to be constructed to have access to the cellar. • In response to a question from Mr. Allred, Ms. Little explained there was 45' right-of-way on Dean Street, the City had asked for an additional 8' of right-of-way. The structure would have to • • Planning Commission Meeting March 24, 1997 Page 3 be 55' from the existing centerline. The addition was 16' from the west property line. It could be moved to the east against the house. She added they could have made a duplex within the existing structure. Mr. Allred asked if they moved the proposed unit 8' and did not agree to give the City any additional right-of-way they would have a conforming structure on a lot. Ms. Little replied the 8' of right-of-way was in exchange for not building a sidewalk along Dean Street. MOTION Mr. Forney moved to approve the conditional use with all three staff comments. Mr. Tucker seconded the motion. Ms. no man expressed concern about the addition of rental property into an established residential neighborhood. She asked if there were other rental properties in the area. Mr. Allred replied the majority of the property in the area was rental. Ms. Little added the east side of Garland was mostly rental. Mr. Tucker added there were many granny units like this one in the historical district. Mr. Reynolds asked why the right-of-way exchange was in the report. Ms. Little replied it was documented in the file. The motion carried by a vote of 7-1-0. Reynolds voting nay. • • Planning Commission Meeting March 24, 1997 Page 4 PP96-7 20 PRELIMINARY PLAT FOR DEERFIELD- RESUBMITTAL GORDON WILKINS-HWY 16E AND MALLY WAGNON RD. The next item on the agenda was submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Gordon Wilkins for property located north of Hwy 16E and west of Mally Wagnon Road. The property is zoned R -O, Residential -Office, and R-1, Low -Density Residential. It contains approximately 11.72 acres with 33 proposed lots (31 single-family and 2 residential office lots). The change from the approved (23 Sept 96) Preliminary Plat is the revised layout to increase the number of lots from 29 to 33 and change 4 lots from duplex to single family (thus no net increase in units). The street widths will change from 31 feet to 28 feet to reflect the current "standard" City street. The staff recommends approval subject to the following conditions: 1. Verification that the property line dispute with the west neighbor, Mr. Forest Lane, has been resolved. 2. All Plat review and Subdivision Committee comments. 3. Payment of $9,300.00 in Parks fees. 4. All conditions of approval for the original approval (Planning Commission Meeting 23 Sept 96). A copy of the Planning Commission Meeting minutes and the report for the 23 Sept 96 are attached. In response to a question from Ms. Johnson, Ms. Warrick stated the streets measured correctly; what was shown on the plats was from the inside of the curbs. It was a standard 28' street shown, with a 50' right-of-way. Mr. Reynolds asked if the property line dispute had been settled. Mr. Dave Jorgensen, Jorgensen and Associates, stated the survey crew had been out to the site, but there had been an error in the instruments. They were going back to the site Tuesday. They had agreed to conform to his east boundary line. They had found his north property corner. They were going to reestablish his east boundary line which had been established when Mr. Lane purchased the property. • Ms. Little added the boundary line change would shorten lots 1-9 by 5' in the east west direction. 1fk • • Planning Commission Meeting March 24, 1997 Page 5 Mr. Jorgensen replied the property corners had been removed when Hwy 16 had been widened. They were pulling off Mr. Lane's north boundary line. Mr. Reynolds stated the Subdivision members had asked him at the Subdivision meeting to have this problem corrected before the Planning Commission meeting This had not happened. Now the Planning Commissioners did not know what some of the lot sizes were going to be. He suggested tabling the item until the problem was solved. Ms. Johnson asked if the staff would accept a plat knowingly, if it was off by a margin of 5'. Ms. Little stated they tried not too. Accurate surveys were requested when the plat was submitted. MOTION Mr. Reynolds moved to table the item until the problem was solved. Ms. Hoffivan seconded the motion. PUBLIC Mr. Forest Lane, west property owner, confirmed Mr. Jorgensen had his crew out on the site. He stated the 'A section marker and the one of the points established from that had been removed when the Highway was widened. Mr. Jorgensen had assured him they would verify the property comers and would conform to his survey. He did not see the necessity in delaying the developer further. Ms. Johnson stated the Planning Commission felt they needed to be able to rely on the accuracy of the plats. Mr. Sugg did not see the need in delaying the project. Ms. Hoffman stated she was willing to delay the project because of the past problems with people building in easements and setbacks. She thought this would encourage the problem if they went forward with an incorrect plat. She asked Mr. Jorgensen if any utilities had been placed along the property line in question. Mr. Jorgensen replied nothing had been done on the site. • The motion carried on a vote of 6-2-0. Sugg and Harbison voting nay. �3 • • • Planning Commission Meeting March 24, 1997 Page 6 APPOINTMENT OF NOMINATING COMMITTEE Ms. Johnson stated at the first meeting to April the Commission would have three new members who would be appointed by the Council. Mr. Allred would not be reappointed. She appointed Mr. Forney as the chair, Mr. Reynolds, and herself on the nominating committee. The meeting adjourned at 6:15 p.m. qA