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HomeMy WebLinkAbout2007-04-02 MinutesBoard of Adjustment April 02, 2007 Page I of 8 MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on April 02, 2007 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED BOA 07-2525 (TAYLOR/1415 S. CAMELLIA LANE, 556) Page 3 BOA 07-2526 (OWENS/718 N. CREST DRIVE, 447) Page 4 BOA 07-2527 (GARNER/1079 S. SCHOOL AVENUE, 562) Page 6 BOA 07-2528 (BENAFIELD/217 SUTTON STREET, 485) Page 7 BOA 07-2530 (BROYLES/1897 W. STONE ST. #2,520) Page 8 ACTION TAKEN Approved Approved Approved Approved Approved Board of Adjustment April 02, 2007 Page 2 of 8 James Zant Robert Kohler Eric Johnson William Chesser Sherrie Alt STAFFPRESENT Andrew Garner David Whitaker Jeremy Pate MEMBERS ABSENT STAFF ABSENT Suzanne Morgan Jesse Fulcher Board of Adjustment Chair Bob Kohler called the meeting to order. Approval of the December 04, 2006 Board of Adjustment meeting minutes. Motion: Board Member Zant made a motion to approve the minutes from the December 4, 2006 BOA Meeting. Board Member Alt seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment April 02, 2007 Page 3 of 8 New Business: BOA 07-2525 (TAYLOR/1415 S. CAMELLIA LANE, 556): Submitted by JOHN TAYLOR for property located at 1415 S. CAMELLIA LANE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0. 13 acres. The request is for a 7' variance so that a cover can be constructed over an existing porch slab. Andrew Garner, Senior Planner, gave the staff report. Staff recommended approval of the request, with conditions, based on the findings within the report. John Taylor (applicant) was present for the application. Board Member Johnson asked staff about whether the adjacent house to the south with an awning similar to the one being requested had to obtain a variance for the awning. Garner responded that the house to the south has two front setbacks and two side setbacks, which eliminate the rear setback and the need for a variance. 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 5-0-0. Board of Adjustment April 02, 2007 Page 4 of 8 BOA 07-2526 (OWENS/718 N. CREST DRIVE, 447): Submitted by SCOTT & CARLA OWENS for property located at 718 N. CREST DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.47 acres. The requirement is for a 15' rear setback. The request is for an 11' rear setback (a 4' variance) in order to construct a new 480 square foot detached studio/workshop. Andrew Garner, Senior Planner, gave the staff report. Staff recommended denial of the request for a variance, which was very similar to a request considered by the Board the month previous. Staff could not support the variance application, finding no unique hardship had been presented, and the reasonable use of the property was possible without the variance. David Whitaker (City Attorney's office) discussed why this item was being heard again by the Board as it was heard at the previous three BOA meetings. It was discussed that the variance request is 4' less than the previous request and because of the significant change, it is a new request and a new item to be considered. Carla Owens (applicant) gave a presentation describing the request and how it has been reduced by 4' from the previous request by reducing the overall size of the building. Board Member Zant questioned both the applicant and the Board as to what hardship existed on the site to justify the variance. The Board discussed that the sunken nature of the site and that the reduced size of the proposed accessory structure would not be intrusive to the neighbors or the neighborhood. It was discussed that the request is an improvement over the previous variance request on this property. The Board also discussed that the topography of the site makes it difficult to see the proposed accessory structure. Board Member Alt stated she was in favor of the staffs recommendation and could not support the request. Board Member Chesser questioned staff what height limit would be appropriate for the accessory structure. Jeremy Pate, Director of Current Planning, stated that 20 feet would be sufficient. Board Member Zant stated that sufficient hardship on this property was found in the discussion on the record by the Board to justify the variance as requested in this application, and that he would support the request. Motion: Board Member Chesser made a motion to approve the variance request with the conditions of approval listed on page 5 of the staff report, and the addition of a condition of approval that limits the maximum height of the structure to 20'. Board Member Zant seconded the motion. Board of Adjustment April 02, 2007 Page 5 of 8 Upon roll call, the motion passed with a vote of 4-1-0 with Board Member Alt voting `no'. Board of Adjustment April 02, 2007 Page 6 of 8 BOA 07-2527 (GARNER/1079 S. SCHOOL AVENUE, 562): Submitted by BRET PARK for property located at 1079 S. SCHOOL AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.35 acres. The requirements are for a 25' front setback for both S. School Avenue and Eleventh Street frontages. The request is for a 5' setback along School Avenue (a 20' variance) and a 9' setback along Eleventh Street (a 16' variance) to bring an existing non -conforming structure into compliance. Andrew Garner, Senior Planner, gave the staff report. Staff recommended approval of the request for a variance, finding the structure was existing, non -conforming, and not proposed for expansion. Further, the structure was constructed prior to the current zoning and Master Street Plan requirements, therefore the resulting nonconformities were not the result of the applicant and would not be injurious to the public. Bret Park (applicant) gave the applicant's presentation, concurring with the staff's recommendation. Motion: Board Member Alt made a motion to approve the item with the conditions recommended by staff. Board Member Chesser seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment April 02, 2007 Page 7 of 8 BOA 07-2528 (BENAFIELD/217 SUTTON STREET, 485): Submitted by SALLIE OVERBEY 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 to the south and a 2' side setback to the east to construct a new storage building and carport. Andrew Garner, Senior Planner, stated that the applicant has requested this item be tabled until the May 07, 2007 BOA meeting. Motion: Board Member Chesser made a motion to table the item as requested until the May 7, 2007 BOA meeting. Board Member Alt seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment April 02, 2007 Page 8 of 8 BOA 07-2530 (BROYLES/1897 W. STONE ST. #2, 520): Submitted by LEX BROYLES for property located at 1897 W. STONE STREET #2. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.50 acres. The requirement is for a 25' rear setback. The request is for an 18' rear setback (a T variance.) Andrew Garner, Senior Planner, gave the staff report. Staff recommended approval of the request for a variance, finding the encroaching decks were not objectionable in the neighborhood, provided a safe and adequate means of rear access to the dwellings, and were not injurious to the neighborhood. Garner stated that all findings could not be made in support of the application, however, as the variance was a result of the actions of the applicant. Lex Broyles (applicant) gave a presentation for the applicant. Broyles stated that the decks that encroach into the rear setback were a result of the builder providing a secondary means of ingress/egress, which was, in his understanding, required by the City building division for safety. Board Member Chesser stated that he had prepared the construction drawings for the subject building while working for his previous employer, but this would not construe his vote one way or another. The Board discussed agreement with staff's findings that the decks as they are built will not be incompatible or objectionable to the surrounding neighborhood. Motion: Board Member Zant made a motion to approve the variance as requested with the conditions recommended by staff. Board Member Chesser seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Other Business: The Board and staff discussed potential amendments to the Unified Development code for accessory structures and chimneys. The Board and staff also discussed a retreat/training session for the Board that will be planned some time in the next several weeks. All business being concluded, the meeting adjourned at 5.00 PM.