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HomeMy WebLinkAbout2008-02-04 MinutesMINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on February 4, 2008 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN BOA 08-2896 (YOUNG / DEANE SOLOMON, 308): Approved Page 3 MEMBERS PRESENT James Zant Robert Kohler William Chesser Bob Nickle Mark Waller STAFF PRESENT Data Sanders David Whitaker Andrew Gamer MEMBERS ABSENT Sherrie Alt Eric Johnson STAFF ABSENT Jesse Fulcher Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. Approval of the January 7, 2008 Board of Adjustment meeting minutes. Andrew Garner, Senior Planner stated that minutes for the January 7'h meeting were not included in the packet. BOA 08-2896 (YOUNG / DEANE SOLOMON, 308): Submitted by DAVID MCKEE ARCHITECT for property located at 3481 N. DEANE SOLOMON ROAD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 2.20 acres. The request is for a 7' side setback (a 13' variance) to bring an existing non -conforming structure into compliance and allow for a small addition. PLANNER: DARA SANDERS Dara Sanders, Current Planner, gave the staff report and requested to amend the 3`" condition of approval to specify that the trees to the east of the accessory structure shall be place in a tree preservation easement. Donald Young, property owner, stated that he agreed with the conditions of approval. Board Member Nickle asked staff to explain a tree preservation easement. David Whitaker, Assistant City Attorney, and Sanders explained the purpose and legality of a tree preservation easement. Board Member Chesser asked for clarification from staff of the property and the request. Sanders summarized the history and description of the property and the request, explaining that staff recommends approval of the request finding that the proposed north side setback is comparable to the setback requirements of the adjacent property and the surrounding area. Board Member Waller asked Jessica Andrews (representative) why the structure can't be expanded to the west or south to avoid encroachment into the north side setback. Andrews explained that trees also exist on the west side of the accessory structure and the driveway is to the south of the structure. No public comment. Motion: Board Member Chesser moved to grant approval of the applicant's request and staffs amendment to the 3`d condition of approval. Board Member Zant seconded the motion. Upon roll call, the motion passed with a vote of 5-1-0, with Board Member Waller voting "no" finding no proven hardship.