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HomeMy WebLinkAbout2008-01-07 MinutesMINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on January 7, 2008 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN BOA 08-2874: (WOODSTOCK/46TH AVENUE, 438): Approved Page 3 MEMBERS PRESENT Sherrie Alt Robert Kohler Bob Nickle Mark Waller STAFF PRESENT David Whitaker Andrew Garner MEMBERS ABSENT James Zant William Chesser Eric Johnson STAFF ABSENT Jesse Fulcher Data Sanders Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. Approval of the December 3, 2007 Board of Adjustment meeting minutes. Motion: Board Member Nickle made a motion to approve the minutes from the December 3, 2007 BOA Meeting. Board Member Alt seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. BOA 08-2874 (WOODSTOCK / 46TH AVENUE, 438): Submitted by APPIAN CENTER FOR DESIGN for property located at 845 N. 46TH STREET. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and R-PZD 07-2576 (WOODSTOCK) and contains approximately 3.79 acres. The request is for a 10' rear building setback (a 10' variance). Planner: Andrew Garner Andrew Garner, Senior Planner, gave the staff report. Otto Potter, representative, discussed the background behind the variance that the detention pond for the Woodstock PZD had to be expanded. He discussed a public trail that would be around the detention pond in the Woodstock project, vegetation that would be around the perimeter of the pond, and that trees would be retained in the middle of the pond. The detention pond would be within 10' of the existing barn on the subject property. Deborah Quinn, public comment, asked what the zoning across the street is, RSF-4? Board Member Kohler clarified that RSF-4 is a single-family zoning. Potter stated that he is looking at purchasing the subject property, and is not intending to develop it at this point. He is thinking that a wooden fence may be installed between the Woodstock property and the subject property. He clarified that it is 10' from the new property line to the barn. He stated understanding and agreement with the staff recommended conditions of approval. Board Member Waller asked if the detention pond could be reduced in size. Potter stated yes. Board Member Waller discussed that he doesn't see the basis to approve the variance, that it would be a special privilege and is a self-imposed hardship. Board Member Nickle discussed that the width of the detention pond allows for a public trail and preservation of trees, and help justify the variance, also that the variance is only to recognize the footprint of the existing barn, and would not allow for it to be converted into a home, etc. Board Member Waller asked staffs opinion. Garner responded that in staff s opinion and as stated in the findings of the report the existing layout of the Woodstock project as it evolved through the review process, was not originally anticipated. Without a variance, the barn would either have to be removed, or the detention pond in the Woodstock project re -sized, and the entire PZD modified and approved through City Council. Garner also discussed that other findings in the staff report conclude that the variance would not result in any adverse impacts to the neighborhood or other member of the public. Motion: After additional discussion stating agreement with staff Board Member Nickle moved to grant approval of the applicant's request. Board Member Alt seconded the motion. Upon roll call, the motion passed with a vote of 3-1-0, with Board Member Waller voting "No". All business being concluded, the meeting adjourned at 4:15 PM.