HomeMy WebLinkAbout2007-06-04 MinutesBoard of Adjustment
June 04, 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 June 04, 2007 at 3:45 p.m. in Room 326
of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
ITEMS DISCUSSED
BOA 07-2607 (WATERS/1332 MT. COMFORT ROAD, 404)
Page 3
BOA 07-2608 (MILL AT WEST END, 523)
Page 4
BOA 07-2610 (HARRIS, 484
Page 5
BOA 06-2611 (LITTLE, 563)
Page 6
ACTION TAKEN
Approved
Approved
Approved
Approved
Board of Adjustment
June 04, 2007
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James Zant
Robert Kohler
Eric Johnson
William Chesser
Sherrie Alt
STAFF PRESENT
Jesse Fulcher
Andrew Garner
David Whitaker
MEMBERS ABSENT
STAFF ABSENT
Board of Adjustment Chair Bob Kohler called the meeting to order.
Approval of the May 07, 2007 Board of Adjustment meeting minutes.
Motion•
Board Member Zant made a motion to approve the minutes from the May 7, 2007 BOA Meeting.
Board Member Chesser seconded the motion. Upon roll call, the motion passed with a vote of
5-0-0.
Board of Adjustment
June 04, 2007
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New Business:
BOA 07-2607 (WATERS, 404): Submitted by EARL WATERS for property located at 1332 MT.
COMFORT ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and
contains approximately 0.25 acres. The request is for variances from the lot width and lot area
requirements to split the 0.25 acre lot into two non -conforming lots, and to bring an existing non-
conforming side setback on a single-family structure into compliance.
Andrew Garner, Senior Planner, gave the staff report. Staff recommended approval of the request,
with conditions, based on the findings within the report that special conditions exist for this property
and that granting the variances to allow for an additional single family dwelling on the property
would provide an appropriate transition and would be compatible in the neighborhood.
Board Member Zant asked if staffs policy has changed regarding creating non -conforming lots.
Garner responded that staff s policy has not changed and usually recommends against the creation
of a non -conforming lot. Policy guidance for land use decisions comes from the City Plan 2025, and
staff s actual recommendation on variances is based on findings of fact required by ordinance, and
listed in the staff report. One of the findings is "would the variance request be injurious to the
neighborhood?" The subject request would not be injurious to the neighborhood. In addition, the
request would allow infill which is encouraged by City Plan 2025. Although the applicant's desire
to split the lot is in a sense a self-imposed hardship, the overall findings support the request.
Earl Waters (applicant) stated that he would like to split the lot and sell it; stating that the portion of
the lot on Hendrix Street is just a vacant lot that is sitting there.
There was no public comment.
Board Member Alt mentioned that she has to abstain from voting on this item.
Motion:
Board Member Zant made a motion to approve the item with conditions recommended by staff,
finding agreement with staffs finding to recommend the variances. Board Member Chesser
seconded the motion. Upon roll call, the motion passed with a vote of 4-0-1 (Alt abstained).
Board of Adjustment
June 04, 2007
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BOA 07-2608 (THE MILL AT WEST END, 523): Submitted by MORRISON SHIPLEY
ENGINEERS, INC. for property located at N,E,& W OF THE INTERSECTION OF PRAIRIE ST.
AND WEST AVE.. The property is zoned DG, DOWNTOWN GENERAL and contains
approximately 1.25 acres. The request is for waiver of required minimum buildable street frontage
along Prairie Street.
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 Kohler asked if there were extra parking spaces provided above what is required by
ordinance.
Fulcher responded that there was 67 parking spaces provided and that the minimum number of
parking spaces allowed with the 30% reduction is 66.
Board Member Kolher stated that variances from the minimum buildable street frontage may
become common because of factors such as parking requirements, fire department requirements, etc.
Fulcher clarified the need for two drives was for the Fire Department only and not the Solid Waste
Department as noted in the staff report.
Corey Roberts (applicant) introduced himself and stated that he had no further comments to add.
Motion:
Board Member Zant made a motion to approve the variance request with the conditions of
approval. Board Member Alt seconded the motion. Upon roll call, the motion passed with a
vote of 5-0-0.
Board of Adjustment
June 04, 2007
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BOA 07-2610 (HARRIS, 484): Submitted by JASON HARRIS for property located at 213 N.
LOCUST STREET. The property is zoned Downtown General and contains approximately 0.06
acres. The request is for a 0' setback on the south property line (a 4' variance) and a 15' setback
from the west property line/alley right-of-way (a 3' 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 Zant asked if tandem lots were common.
Fulcher provided a brief explanation on tandem lot development.
Board Member Kohler commented on the "market pressure" for smaller properties such as tandem
lots.
Board Member Chesser stated that tandem lots (infill) were consistent with the City Plan 2025.
Jason Harris (applicant) stated that there were many tandem lots in the vicinity.
Board Member Zant stated that he agreed with staff's findings in the staff report.
Board Member Kohler asked if there was a front setback on the property.
Andrew Garner, Senior Planner, provided an explanation regarding setbacks for tandem lots.
Board Member Kohler asked where the applicant proposed the additions to the structure.
Harris provided information regarding the additions to the home.
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 5-0-0.
Board of Adjustment
June 04, 2007
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BOA 07-2611 (LITTLE, 563): Submitted by GARY L. LITTLE for property located at 718 S.
COLLEGE AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and
contains approximately 0.26 acres. The requirement is for a 25' front setback along 9th and College,
and an 8' side setback. The request is for a 19' setback (a 6' variance) along College Avenue and a
4' setback (a 19' variance) along 91h Street, to bring an existing non -conforming structure into
compliance, and a 0' setback (an 8' variance) behind the house to replace a deck and stairs that were
removed.
Andrew Garner, Senior Planner, gave the staff report. Staff recommended approval of the
requested front setback variances off of College Avenue and the Ninth Street to bring the existing
structure into compliance. Staff also recommended approval of a variance to allow for construction
of a deck and stairs to within 2' of the eastern property line, consistent with the footprint of the
original deck and stairs, and providing adequate room for construction and maintenance of the deck
on their own property. This is a slight modification from the applicant's request to allow for the new
deck and stairs all the way to the eastern property line, a 0' setback, to avoid a new air conditioning
unit that was recently installed at the rear of the house.
Board Member Zant asked if the new air conditioning unit was required to obtain a building permit
prior to installation.
Garner responded that a building permit was not required as the air conditioning unit is less than 30
inches in height.
Board Member Johnson asked the applicant why the air conditioning unit was in its current
location, and if it could be moved from its current location.
Gary Little (applicant) responded that the HVAC company just installed the unit at that spot, and
there was no discussion of the location. He is not sure if it can be moved.
Board Member Zant stated that he agreed with staff s recommendation and would prefer that the
new deck and stairs not extend any further east than the original deck and stairs.
No public comment was received.
Board Member Kohler asked if staff received any comment from surrounding property owners.
Garner responded that staff had received a phone call from an adjacent property owner who agreed
with staff's recommendation to provide at least 2 feet between the deck/stairs and the property line.
Board Member Chesser stated that he had no problem with replacing the old footprint of the deck
and stairs.
Board Member Johnson asked the applicant if the air conditioning units was wired and turned on.
Gary Little (applicant) responded that the air conditioning unit was wired by not turned on and
Board of Adjustment
June 04, 2007
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operational.
Board Member Zant discussed that if the air conditioning unit was moved from its current location
to the northeast corner of the house then it would be visible from College Avenue.
Board Member Johnson discussed that a minimum of 2' separation from the deck and stairs is
needed from the adjacent property to the east, and that there are different options for placement of
the air conditioning unit, or building the stairs around the unit.
Motion:
Board Member Zant made a motion to approve the item with the conditions recommended by staff,
noting that the new deck and stairs may be built up to 2' from the east property line, and that the
stairs may descend to the north or south, depending on the applicant's discretion. Board Member
Alt seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0.
Other Business:
Staff and the Board discussed that next month's meeting is in Room 111 and that a reminder email
will be sent to Board members. The Board also discussed that they would like updated copies of the
Fayetteville Unified Development Code. Staff also discussed that the training session for the Board
will likely be delayed until late in the summer because of limited staff in the planning department.
All business being concluded, the meeting adjourned at 4.40 PM.