HomeMy WebLinkAbout2008-07-07 MinutesMINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on July 7, 2008 at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ACTION TAKEN
BOA 08-3035: (CHILDS & HENDRIX / 503 FOREST, 445) Approved
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Sherrie Alt
James Zant
William Chesser
Bob Nickle
Mark Waller
STAFFPRESENT
Andrew Garner
Dara Sanders
David Whitaker
MEMBERS ABSENT
Robert Kohler
Steven Bandy
STAFF ABSENT
Jesse Fulcher
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Board of Adjustment Chair Bob Nickle called the meeting to order.
Approval of the June 2, 2008 Board of Adjustment meeting minutes.
Board Member Nickle noted an error in the minutes for BOA 08-3015 (Newell Morton).
Motion:
Board Member Alt made a motion to approve the minutes from the June, 2008 BOA
Meeting. Board Member Waller seconded the motion. Upon roll call, the motion
passed with a vote of 5-0-0.
New Business:
BOA 08-3035: (CHILDS & HENDRIX / 503 FOREST, 445): Submitted by BRETT
PARK for property located at 503 N. FOREST AVENUE. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.26 acres. The
request is for two variances from the rear setback requirements: A 2 -foot variance to
bring a non -conforming structure (roof line) into compliance and a 14 -foot variance to
allow a carport, with deck and pergola above, to be constructed. Planner: Dara Sanders
Dara Sanders, Current Planner, gave the staff report, recommending approval of the 2'
variance request to bring the existing structure into compliance and denial of the 14'
variance to allow for new construction on the west side of the existing structure.
Board Member Zant stated that staff report noted sufficient space for alternative
locations for a covered parking space that is outside of the required building setbacks and
asked staff to discuss these locations.
Sanders identified the northwest corner of the subject property and the north side of the
structure as possible locations for the proposed new construction.
Brett Park described the project and explained the basis for the request, stating that the
proposed addition is not as intrusive as an extension of inhabitable space, that the
proposed location is logical and convenient due to the location of the existing one car
garage, and that the neighborhood has issues with setbacks.
No public comment was received.
Zant stated that he fails to see the hardship and gave an example of a hardship.
Park described the hardship as having to construct two additional covered parking spaces
outside of the setbacks as the hardship, as the existing garage will no longer be
accessible.
Board Member Chesser asked staff about a City ordinance that allows a carport to be
constructed within the rear setback.
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Andrew Garner, Senior Planner, explained that the applicant does have to option of
removing the deck from the proposal and reducing the encroachment to 10 feet.
Chesser noted that the proposed encroachment does exceed the allowable 10 and
concurred with Board Member Zant's assessment of the request. He stated that he could
support the request to bring the existing structure into compliance but cannot support
further encroachment into the setback.
Chairman Nickle agreed with the Board's statements but did not see harm in adding the
deck to the north without encroaching any further into the west setback as the existing
structure.
The Board discussed making separate motions on the applicant's two variance requests,
tabling indefinitely the request to allow for a 6' setback to allow for the construction of a
deck and a covered parking space, and allowing the applicant to construct a deck to the
north and two feet into the rear setback to be in line with the encroachment of the existing
structure.
Garner suggested that the Board have their findings on record for the revised condition
of approval, as staff has not made those findings for them.
Motion:
Board Member Chesser made a motion to approve the request for a 2' variance to bring
the existing structure into compliance with setback regulations and to allow for
construction of a deck to the north on the west side of the structure to encroach 2 feet into
the required 20' rear setback, finding that the request would not be detrimental to the
surrounding properties. Board Member Zant seconded the motion. Upon roll call the
motion was approved with a vote of 5-0-0.
Board Member Chesser made a motion to table indefinitely the request for a 14'
variance. Board Member Zant seconded the motion. Upon roll call the motion was
approved with a vote of 5-0-0.
All business being concluded, the meeting adjourned at 4:15 PM.
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