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HomeMy WebLinkAbout2007-08-06 MinutesBoard of Adjustment August 06, 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 August 06, 2007 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN BOA 07-2671 (WATERS, 404) Approved Page 3 BOA 07-2672 (DICKENSON, 445) Approved Page 4 BOA 07-2673 (CHADICK, 443) Approved Page 5 BOA 07-2674 (SHERIN, 446) Approved Page 6 BOA 07-2675 (LUX, 445) Approved Page 6 Board of Adjustment August 06, 2007 Page 2 of 8 James Zant Robert Kohler William Chesser Sherrie Alt Bob Nickle STAFF PRESENT Jesse Fulcher Andrew Garner David Whitaker MEMBERS ABSENT Eric Johnson STAFF ABSENT Board of Adjustment Chair Bob Kohler called the meeting to order. Approval of the June 04, 2007 Board of Adjustment meeting minutes. Motion: Board Member Zant made a motion to approve the minutes from the June 4, 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 August 06, 2007 Page 3 of 8 New Business: BOA 07-2671 (WATERS, 404): Submitted by ALAN REID for property located at 1342 MOUNT COMFORT RD. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.28 acres. The request is for reduced lot area to create a new lot, and setback variances to bring an existing nonconforming residence into compliance. Andrew Garner, Senior Planner, gave the staff report. Staff recommended approval of the request to bring the existing nonconforming structure into compliance, with conditions, based on the findings within the report that special conditions exist for this property and that granting the variances to bring the existing nonconforming structure into compliance would be compatible with the neighborhood. Garner discussed that the lot area variance requested to split the lot is not necessary as there is adequate square footage on both proposed lots to meet zoning code. Staff recommended denial of the lot area variance. Board Member Nickle asked why the applicant needed the lot area variance. Garner responded that if the new lot line between Tracts `A' and `B' were moved over approximately 3' or 4' to the east, both lots would meet the minimum lot area requirements of 6,000 square feet. Justin Cope (applicant) stated that he would be willing to remove the lot area variance and adjust the property line to meet the zoning code. There was no public comment. Board Member Alt mentioned that she has to recuse from voting on this item. Motion: Board Member Chesser made a motion to approve the side and rear setback variance for Tract `A', 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 4-0-1 (Alt recused). Board of Adjustment August 06, 2007 Page 4 of 8 BOA 07-2672 (DICKENSON, 445): Submitted by WYNN AND CHARLES 'CHIP' DICKENSON for property located at 803 N. HIGHLAND AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.29 acres. The request is for a 5' side setback (a 3' variance) and a 7' front setback (an 18' 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 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 August 06, 2007 Page 5 of 8 BOA 07-2673 (CHADICK, 443): Submitted by TERRI & VINCE CHADICK for property located at 681 N. RAZORBACK ROAD, JUST SOUTH OF CLEVELAND STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.39 acres. The request is for a 4' side setback (a 4' 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 August 06, 2007 Page 6 of 8 BOA 07-2674 (SHERIN, 446): Submitted by ROB SHARP ARCHITECT, INC. for property located at 704 N. COLLEGE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.42 acres. The request is for a 5' front setback (a 45' variance). 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 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 of Adjustment August 06, 2007 Page 7 of 8 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. Board of Adjustment August 06, 2007 Page 8 of 8 BOA 07-2675 (LUX, 445): Submitted by TIM COOPER for property located at 862 PARK AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.44 acres. The request is for a 15' front setback along the unconstructed right-of- way of Clebum Street (a 10' variance). Andrew Garner, Senior Planner, gave the staff report. Staff recommended approval of the requested front setback variance off of Clebum Street to bring the existing structure into compliance, finding that there is a special condition for this house because it was constructed prior the current Master Street plan and setback regulations, and that the variance would not be injurious to the neighborhood. Board Member Kohler asked if the applicant was adding to the footprint of the structure. Tim Cooper (applicant) responded that, yes, they would be increasing the footprint of the structure as indicated on the submitted site plan. The addition to the house would include a new kitchen, garage with master bedroom above, and the existing carport and shed would be removed. Darrion Lux (applicant) stated that he was the property owner and was present for any questions. He stated that he has discussed his proposal with the neighborhood association, and received several emails in support of the project if the Board would like to see. Public Comment. A member of the public (?) asked the Board about what would be required to vacate the Cleburn Street alley. Board Member Kohler responded that they should meet with City Planning staff to discuss vacating Cleburn Street, but that the purpose of this meeting was to discuss the subject variance. Motion: Board Member Nickle made a motion to approve the item with the conditions recommended by staff. Board Member Zant seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Other Business: Staff distributed updated copies of the Fayetteville Unified Development Code to the Board. Staff also discussed that a retreat/training session for the Board is being planned and that staff will likely be sending out emails to the Board to discuss available dates and times to meet. All business being concluded, the meeting adjourned at 4.35 PM.