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.