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HomeMy WebLinkAbout2007-12-03 MinutesMINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on December 3, 2007 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN BOA 07-2834: (CITY OF FAYETTEVILLE WWTP, 515): Approved Page 3 BOA 07-2835 (PARKER / ILA STREET, 445) Approved Page 4 BOA 07-2836 (SUPERIOR NISSAN, 213) Approved Page 5 MEMBERS PRESENT James Zant Robert Kohler William Chesser Bob Nickle Mark Waller Eric Johnson STAFF PRESENT Jesse Fulcher Data Sanders David Whitaker Andrew Gamer MEMBERS ABSENT Sherrie Alt STAFF ABSENT Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. Approval of the November 5, 2007 Board of Adjustment meeting minutes. Board Member Chesser noted an error in the minutes, which indicates that the date of the meeting was incorrect. Additionally, the motion to approve BOA 07-2790 from the November 5th meeting should note a requirement that the agreement between the property owners be filed of record. Motion: Board Member Zant made a motion to approve the minutes from the November 5, 2007 BOA Meeting. Board Member Chesser seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0 (Board Member Johnson arrived after the vote). BOA 07-2834 (CITY OF FAYETTEVILLE WWTP, 515): Submitted by CITY OF FAYETTEVILLE for property located W OF 54'x' AVENUE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 161 acres. The request is for creation of a new lot without street frontage to allow for development of an electric substation on the City Wastewater Treatment Plant property. Planner: Andrew Gamer Andrew Garner, Senior Planner, gave the staff report. Shannon Jones, representative, stated that he agreed with the conditions of approval and that the City intends to reserve at least a 50' strip of land to serve as a trail and buffer. Board Member Nickle asked if there is an existing road for access. Jones verified that there is. Zant expressed concern with sound pollution resulting from the substation and asked the applicant to comment. Jones stated that he is not qualified to comment on the technology. Zant stated that he believes the proposed buffer is too thin and would like to it to be increased if possible. No public comment. Motion: Board Member Zant moved to grant approval of the applicant's request. Board Member Johnson seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. BOA 07-2835 (PARKER / ILA STREET, 445): Submitted by MAX A. & CYNTHIA PARKER for property located at 521 SHADY AVENUE, SW OF THE CORNER OF SHADY AVENUE AND ILA STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.43 acres. The request is for a reduced lot width of 60'(a 10' variance.) Planner: Dara Sanders Dara Sanders, Current Planner, gave the staff report. Staff recommended approval of the applicant's request for a lot width variance of 10', which is required to approve the applicant's property line adjustment request, explaining that the two requests combined will bring the subject property and the adjacent property into compliance with the width and setback requirements of the RSF-4 zoning district. Max Parker, applicant, expressed intent to construct a single-family home on the property in the future that is consistent with the surrounding neighborhood. Board Member Waller asked staff to clarify the relationship between the property line adjustment and the variance request. Sanders explained the relationship between the two and stated that the Board is only discussing the variance request for lot width. Public Comment Mr. Hannah, adjacent property owner, stated that he supports the request, as a majority of the surrounding properties have a lot width of 60'. Motion: Board Member Chesser moved to grant approval of the applicant's request. Board Member Nickle seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. BOA 07-2836 (SUPERIOR NISSAN, 213): Submitted by JOHNSON TROILLETT ARCHITECTURE, P.A. for property located at 3372 N. COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.82 acres. The request is for a reduced front setback. Planner: Jesse Fulcher Jesse Fulcher, Current Planner, gave the staff report. Tom Johnson, applicant, stated that he wasn't aware of the building encroachment until the building permit had been applied for. The construction of Masonic Dr. after the development of the property was a hardship. Board Member Nickle asked if the applicant was aware of condition of approval 43, which may require landscaping improvements. Johnson stated that he thought only redevelopment would require improvements. Board Member Kohler asked why condition #3 was included in the staff report. Fulcher responded that the condition of approval #3 was an ordinance requirement (Chapter 172.08) whether added as a condition or not. The condition was placed in the staff report only as information for the applicant. Motion: Board Member Nickle moved to grant approval of the applicant's request. Board Member Chesser seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. All business being concluded, the meeting adjourned at 4:15 PM.