HomeMy WebLinkAbout2007-05-07 MinutesBoard of Adjustment
May 07, 2007
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MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on May 7, 2007 at 3:45 p.m. in Room 326 of
the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
ITEMS DISCUSSED ACTION TAKEN
BOA 07-2528 (BENAFIELD/217 SUTTON STREET, 485) Approved
Page 3
BOA 07-2529 (PHILLIPS/614 W. DOUGLAS, 444) Approved
Page 4
BOA 07-2567 (HEDGE, 564) Approved
Page 5
Board of Adjustment
May 07, 2007
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James Zant
Robert Kohler
Eric Johnson
William Chesser
STAFF PRESENT
Jesse Fulcher
David Whitaker
Jeremy Pate
MEMBERS ABSENT
Sherrie Alt
Michael Akins
STAFF ABSENT
Andrew Garner
Board of Adjustment Chair Bob Kohler called the meeting to order.
Approval of the February 5, 2007 and April 2, 2007 Board of Adjustment meeting minutes.
Motion:
Board Member Zant made a motion to approve the minutes from the February 5, 2007 BOA
Meeting. Board Member Chesser seconded the motion. Upon roll call, the motion passed
with a vote of 4-0-0.
Board Member Zant made a motion to approve the minutes from the April 2, 2007 BOA
meeting (asked staff to change cover sheet to reflect that the Benafield item was tabled, not
approved at the April 2, 2007 meeting). Board Member Johnson seconded the motion. Upon
roll call, the motion passed with a vote of 4-0-0
Board of Adjustment
May 07, 2007
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Unfinished Business:
BOA 07-2528 (BENAFIELD/217 SUTTON, 485): Submitted by SALLIE OVERBY for
property located at 217 SUTTON STREET. The property is zoned RSF-4, SINGLE FAMILY -
4 UNITS/ACRE and contains approximately 0.26 acres. The requirement is for an 8' side
setback. The request is for a 0' side setback (an 8' variance) to the south and a 2' side setback (a
6' variance) to the east to construct a new storage building and carport.
Jesse Fulcher, Current Planner, gave the staff report. Staff recommended approval of the
request, with conditions, based on the findings within the report.
Board Member Zant stated that the subject request was more appropriate than the previous
request that was tabled, due to the significant reduction in size of the encroaching structure.
Board Member Kohler asked staff for clarification on the location of the south and east
building sides.
Fulcher responded that the new building will be enlarged to the north and west, but that the
walls on the south and east property line will be in the same location as the existing building
walls.
Board Member Kohler asked staff why condition of approval #4 restated the size of the
structure.
Fulcher responded that the new building was more or less a replacement of the dilapidated
structure, approximately 104 sq. ft. larger. However, the Board of Adjustment is only approving
the south and east setback variances. After these variances are granted the applicant could
construct a much larger structure subject to the RSF-4 setbacks. The reason that the size and
height were listed as conditions is to limit the size and height of the structure, which is one of the
primary reasons staff is supportive of the zoning variance.
Board Member Johnson reiterated the reasons for limiting the height and size of the structure.
Sally Overby (applicant) stated that the purpose of the request was to replace the existing
structure with a structure that would allow for parking one vehicle and for storage space. The
new structure is proposed to be 12" taller and will be more compatible with the house.
Board Member Zant asked the applicant if she was okay with the conditions of approval.
Sally Overby (applicant) stated that she agreed with the conditions.
Board Member Kohler read the letter of support from the adjacent property owners to the east
and south.
There was no other public comment.
Board of Adjustment
May 07, 2007
Page 4 of 6
Motion•
Board Member Zant made a motion to approve the item with conditions recommended by staff.
Board Member Johnson seconded the motion. Upon roll call, the motion passed with a vote
of 4-0-0.
Board of Adjustment
May 07, 2007
Page 5 of 6
New Business:
BOA 07-2529(PHILLIPS/614 W. DOUGLAS, 444): Submitted by NORTHSTAR
ENGINEERING CONSULTANTS, INC for property located at 614 W. DOUGLAS STREET.
The property is zoned RMF -40, MULTI FAMILY - 40 UNITS/ACRE and contains
approximately 0.26 acres. The request is for variances of lot area and setbacks to bring a
nonconforming structure into compliance and to allow for a lot split of the subject property.
Jesse Fulcher, Current Planner, gave the staff report. Staff recommended approval of the
request, with conditions, based on the findings within the report. Fulcher explained the requested
lot split would create two lots, each less than the minimum required for a single family house in
the RMF -40 zoning district. Additionally, the house constructed to the south was evidently
constructed off of a different survey marker, and was found to encroach five feet within the front
setback.
Board Member Johnson asked if the applicant gained any benefit with the variance requests
based on the fact that the house was constructed within the front setback.
Fulcher responded no, it did not seem that the applicant would gain any noticeable benefit, other
than one lot may be smaller and the other larger.
Board Member Kolher stated that lot area variances are better than lot width variances, since
the general public could not see a noticeable difference in the lot from the public realm.
Board Member Johnson stated that the property was large, and most in the neighborhood were
developed in a similar manner as to that being requested.
Board Member Kolher stated that the RMF -40 zoning district allowed for even higher density.
Doug Creekmore (applicant) gave the applicant's presentation.
Board Member Johnson asked how the original home was constructed within the front setback.
Doug Creekmore (applicant) explained the issue with the original survey. The pins marked a
40' right-of-way, however the street is a 50' right-of-way. The original building permit went off
a survey error.
Board Member Chesser stated that all of the houses in the area are close to the right-of-way
and that the home's location was actually consistent with other properties.
Motion:
Board Member Chesser made a motion to approve the variance request with the conditions of
approval. Board Member Zant seconded the motion. Upon roll call, the motion passed with
a vote of 4-0-0.
BOA 07-2567 (HEDGE, 564): Submitted by RICHARD AND BRIGETTE HEDGE for
Board of Adjustment
May 07, 2007
Page 6 of 6
property located at 1201 HUNTSVILLE ROAD. The property is zoned RSF-4 and contains
approximately 1.01 acres. The requirement is for a 25' front setback and an 8' side setback. The
request is for a 22' front setback (a 3' variance) and a 3' side setback (a 5' variance).
Jesse Fulcher, Current Planner, gave the staff report. Staff recommended approval of the
request, with conditions, based on the findings within the report.
Board Member Johnson asked if they plan to remodel the existing structure.
Fulcher stated that there were no plans to expand the footprint, but that the applicants were
planning to remodel the interior of the structure.
Board Member Kohler stated that the request seemed typical for a structure that was
constructed prior to the adoption of the Master Street Plan.
Mr. and Mrs. Durning (adjacent property owners) asked if the applicants were planning to
expand the existing structure.
Richard Hedge (applicant) stated that they were not planning on expanding the structure at this
time, but that they would be remodeling the building.
Board Member Johnson gave a brief explanation on the setback encroachments, and stated the
adjacent property owners might have to get a variance if they ever sought a building permit, as
well.
Motion:
Board Member Chesser made a motion to approve the item with the conditions recommended
by staff. Board Member Johnson seconded the motion. Upon roll call, the motion passed
with a vote of 4-0-0.
Other Business:
The City Attorney presented his findings on questions from the Board regarding the Chair
making motions. It was determined that the common practice of the Chair not making a motion
would have to be amended if the Board desired to make that change. The Board determined it
was not necessary at this time. The Board and staff also discussed a retreat/training session for
the Board that will be planned some time likely in June.
All business being concluded, the meeting adjourned at 4.16 PM.