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HomeMy WebLinkAbout2007-10-01 MinutesBoard of Adjustment October 1, 2007 Page I of 6 MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on October 1, 2007 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN BOA 07-2735 (TIFFANY / N. WILLOW, 485) Approved Page 3 BOA 07-2736 (TIMBERLAKE OFFICE PARK, 96) Approved Page 4 BOA 07-2737 (BRISIEL / HUNTSVILLE RD., 524) Approved Page 5 Board of Adjustment October 1, 2007 Page 2 of 6 MEMBERS PRESENT MEMBERS ABSENT James Zant Robert Kohler Eric Johnson William Chesser Sherrie Alt Bob Nickle Mark Waller (arrived after approval of the meeting minutes) STAFFPRESENT Jesse Fulcher Andrew Garner Dara Sanders David Whitaker STAFF ABSENT Board of Adjustment Chair Bob Kohler called the meeting to order. Approval of the August 6, 2007 Board of Adjustment meeting minutes. Motion: Board Member Zant made a motion to approve the minutes from the August 6, 2007 BOA Meeting. Board Member Johnson seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. Board of Adjustment October 1, 2007 Page 3 of 6 New Business: The applicant arrived late for this item and it was not heard until the end of the meeting. BOA 07-2735 (TIFFANY / N. WILLOW, 485): Submitted by RICHARD OR GLADYS TIFFANY for property located at 105 N. WILLOW. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.97 acres. The request is for a 7' front setback (an 18' variance). Dara Sanders, Current Planner, gave the staff report. Staff recommended approval of the request to bring the existing nonconforming structures into compliance, with conditions, based on the findings within the report. Board Member Zant noted the common trend of variance requests in historic neighborhoods, such as this. Board Member Johnson asked for clarification of the submitted survey, as it included a neighboring structure. Dara Sanders responded that itwas not part of the property being discussed today but that it shows a common trend on the street of structures being in the setbacks. Mr. Tiffany, applicant, agreed and stated that the surveyor included it in his submittal. Board Member Waller asked about the height of the structure. Mr. Tiffany replied that the house is about 29' facing the street, but increases at the back due to the terrain. Board Member Kohler asked if the porch would be included in the new roof area. Mr. Tiffany stated that it would not. There was no public comment. Motion: Board Member Chesser made a motion to approve the front setback, to bring the existing structure into compliance with conditions recommended by staff, finding agreement with staff's finding to recommend the variances. Board Member Zant seconded the motion. Upon roll call, the motion passed with a vote of 7-0-0. BOA 07-2736 (TIMBERLAKE OFFICE PARK, 96): Submitted by H2 ENGfNEERING,INC. for Board of Adjustment October 1, 2007 Page 4 of 6 property located at TIMEBERLAKE OFFICE PARK LOTS 8 & 9. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 3.06 acres. The request is for a side setback variance for a proposed retaining wall. Andrew Garner, Senior Planner, gave the staff report. Staff discussed that the property has steep slopes and dense tree canopy. The variance would to allow for the retaining wall within the side setback would reduce the amount of grading on steep slopes and removal of tree canopy. Staff recommended approval of the request, with conditions, based on the findings within the report. Board Member Kohler discussed that it is unusual to have a retaining wall cross over property lines, but that it is good that both lots are working together to get the variance and develop the property. Board Member Zant asked if it was common for retaining walls to be this size. Board Member Kohler responded that steep slopes on the property require that a retaining wall be provided. Kohler referred to the topographic map provided in the staff report. As shown in the exhibit provided in the staff report, the retaining wall is needed adjacent to the parking lot. Board Member Nickle stated that conditions 2.c. and 2.e were identical, and that one of them could be removed. Board Member Waller asked about the proximity of the trail to the wall and the recommended vegetative screening by staff. Jeremy Thompson (applicant) responded that the retaining wall was approximately 65' from the trail, and that a site visit with Planning staff confirmed that the wall would be visible from the trail. Board Member Nickle asked if the applicant agreed with staffs recommended conditions of approval. Thompson responded, yes. No public comment was presented. Motion: Board Member Nickle made a motion to approve the variance request with the conditions of approval. Board Member Johnson seconded the motion. Upon roll call, the motion passed with a vote of 7-0-0. Board of Adjustment October 1, 2007 Page 5 of 6 BOA 07-2737 (BRISIEL / HUNTSVILLE RD., 524): Submitted by TIM R BRISIEL for property located at 540 E. HUNTSVILLE ROAD. The property is zoned RSF-8, SINGLE FAMILY - 8 UNITS/ACRE and contains approximately 1.79 acres. The request is to bring the existing structures into compliance with tandem lot setbacks. Dara Sanders, Current Planner, gave the staff report. Staff recommended approval of the request, with conditions, based on the findings within the report. Board Member Nickle asked if the structures are conforming as they exist. Dara Sanders stated that they are. Board Member Zant stated that he believed the request to be straight forward Board Member Kohler commented on the "market pressure" for smaller properties such as tandem lots. Board Member Kohler stated that the variance is needed only if the Planning Commission approves the request for a tandem lot. Board Member Nickle asked if the created lots meet compliance for lot width. Dara Sanders verified that the proposed lots do meet the minimum width. Board Member Kohler asked if the applicant would like to give a statement. Mr. Brisiel stated that he has requested the variance in attempt to save the two useful accessory structures. No public comment was presented. Motion: Board Member Johnson stated that the encroachment was not significant and made a motion to approve the item with the conditions recommended by staff. Board Member Alt seconded the motion. Upon roll call, the motion passed with a vote of 6-1-0 with Board Member Waller voting "No". Other Business: Staff formally introduced Mark Waller, the new Board of Adjustment member who arrived a little late. Staff also discussed that now that the full board has been filled a retreat/training session for the Board is being planned and staff will be coordinating available dates and times for the Board to meet. Board of Adjustment October 1, 2007 Page 6 of 6 All business being concluded, the meeting adjourned at 4.05 PM.