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.