HomeMy WebLinkAbout2008-05-05 MinutesMINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on May 5, 2008 at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ACTION TAKEN
BOA 08-2959 (MARKS, 404): Tabled
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BOA 08-2985 (KELLY, 523): Approved
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MEMBERS ABSENT
Robert Kohler
Sherrie Alt
James Zant
William Chesser
Bob Nickle
Mark Waller
Steven Bandy
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
David Whitaker
Steve Cattaneo
Board of Adjustment Chair Bob Kohler called the meeting to order.
Approval of the April 7, 2008 Board of Adjustment meeting minutes.
Motion:
Board Member Nickle made a motion to approve the minutes from the April 7, 2008
BOA Meeting. Board Member Waller seconded the motion. Upon roll call, the
motion passed with a vote of 5-0-0.
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Old Business:
BOA 08-2959 (MARKS, 404): Submitted by RANDY RITCHEY STEADFAST, INC.
for property located at 1224 HENDRIX STREET. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.50 acres. The
request is for two lot width variances to allow for a lot split.
Andrew Garner, Senior Planner, gave the staff report discussing that the applicant
requested this item be tabled indefinitely and discussed with staff that they would be
applying to re -zone the property to RSF-8 as opposed to requesting the lot width
variances.
No public comment was presented.
Motion:
Board Member Nickle made a motion to table the applicant's request until indefinitely.
Board Member Bandy seconded the motion. Upon roll call, the motion passed with a
vote of 5-0-0.
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New Business:
BOA 08-2985 (KELLY, 523): Submitted by RYAN KELLY for property located at 39
E. SOUTH STREET. The property is zoned RMF -24, MULTI FAMILY - 24
UNITS/ACRE and contains approximately 0.10 acres. The request is for building
setback, lot area, and lot width variances to bring an existing non -conforming structure
into compliance and allow its renovation as an office.
Andrew Garner, Senior Planner, gave the staff report discussing the history of this
property, its location in the current Walker Park Master Plan and proposed rezoning, and
the applicant's request for variances in order to renovate the structure and utilize it for an
office and residence. Staff recommends approval of the variances finding there are
special circumstances regarding the age and history of the structure, and the value to the
public of renovating and re -using the structure.
Paula Marimmi (applicant) stated that she was the representative of the applicant. She
has worked with several residences on the street on renovating some of the nearby older
homes and hope that one day this vicinity could be a historic district. She gave historical
background of this structure discussing that it was an early Cambell grocery store and is a
contributing structure to the historical significance of this neighborhood. The applicant
for these variances did the rock work on the square and is qualified to renovate the native
stone structure. She discussed that one of the neighbors gave her a letter in favor of the
variance requests.
Board Member Kohler stated that he agrees with staff recommendation and the
applicant's variance request and that this structure is one of the most qualified structures
for a variance. He asked staff if they had received any public comment.
Garner stated that Planning staff had not received any public comment.
Board Member Kohler asked for any public comment from the audience.
No public comment was presented.
Board Members Nickle and Alt both stated support for the variance request.
Board Member Kohler asked if this variance request allows expansion of the structure.
Garner stated that the variance request does not allow expansion of the structure and
only allows renovation within the existing footprint of the building. Garner also
discussed that City Council approval is required prior to building permit as the structure
is located within the South Street right-of-way.
Motion:
Board Member Nickle made a motion to approve the applicant's request with all of
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staff's conditions of approval. Board Member Alt seconded the motion. Upon roll
call, the motion passed with a vote of 5-0-0.
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Steve Cattaneo, Director of the City Building Safety Division, made a special
presentation as requested at the April 7, 2008 Board of Adjustment meeting.
Steve Cattaneo gave background to the Board discussing the City Council's request to
gain a better understanding about the building permit and inspection process as a result of
recent variance and vacation requests. He discussed the improvements to the building
permit and inspection process over the years, and showed how site plans for building
permits have substantially changed over the years in an attempt of the City to reduce
post -construction variance and vacation requests. He also discussed that the Planning
and Building Safety Divisions are continuing to work together to improve the process and
Building Safety have taken Planning staff out in the field recently during some
inspections.
Board Members asked if a survey was required prior to, or during the inspection process
for a single family residence.
Cattaneo discussed that, no, a survey was not required. In his informal discussions with
survey companies it would cost approximately $400 to place the property line stakes on a
lot. He stated that during the years 2004-2007 approximately 2000 building permits have
been issued and approximately 20 variances and/or vacations have been requested due to
errors during construction. That is a ratio one variance for every 100 permits, and the
goal is to continue improvements to reduce that ratio even further.
All business being concluded, the meeting adjourned at 4:15 PM.
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