HomeMy WebLinkAbout2008-08-04 MinutesMINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on August 4, 2008 at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ACTION TAKEN
BOA 08-3057: (FOURNET/SHADY LANE, 406) Approved
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BOA 08-3058: (PHYSICIAN'S SURGERY CENTER, 175) Approved
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BOA 08-3059: (SMITH/LAFAYETTE, 484) Approved
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MEMBERS PRESENT
Robert Kohler
James Zant
William Chesser
Bob Nickle
Mark Waller
Steven Bandy
STAFF PRESENT
Jesse Fulcher
Dara Sanders
David Whitaker
MEMBERS ABSENT
Sherrie Alt
STAFF ABSENT
Andrew Garner
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Board of Adjustment Chair Bob Nickle called the meeting to order.
Approval of the July 7, 2008 Board of Adjustment meeting minutes.
Motion:
Board Member Zant made a motion to approve the minutes from the July 7, 2008 BOA
Meeting. Board Member Chesser seconded the motion. Upon roll call, the motion
passed with a vote of 6-0-0.
New Business:
BOA 08-3057: (FOURNET/SHADY LANE, 406): Submitted by DAVID C. &
ANDREA FOURNET for property located at 1214 N. SHADY LANE. The property is
zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.18
acres. The request is for side and rear setback variances to allow an addition to the
existing residence, and for a front setback variance to bring the existing structure into
compliance.
Dara Sanders, Current Planner, gave the staff report, recommending approval of the 12'
front setback variance request to bring the existing structure into compliance and
approval of the 14' rear setback and 4' side setback variance requests to allow for an
expansion of the existing structure, based on the findings included in the staff report.
Andrea Fournet, applicant, stated that in conversation, the adjacent property owner
expressed support for the proposed addition and variance requests.
No public comment was received.
Motion:
Board Member Nickle made a motion to approve the requested variances with the
conditions as recommended by staff. Board Member Chesser seconded the motion.
Upon roll call the motion was approved with a vote of 6-0-0.
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BOA 08-3058: (PHYSICIAN'S SURGERY CENTER, 175): Submitted by CEI
ENGINEERING ASSOCIATES, INC. for property located at 3873 NORTH
PARKVIEW DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE and
contains approximately 2.96 acres. The request is for a side setback variance to allow for
the addition of a 3rd floor to the existing medical office/surgery center.
Dara Sanders, Current Planner, gave the staff report, recommending approval of the 24'
north side setback variance request to allow for the addition of a 3rd story addition to the
2 -story addition approved by the Planning Commission in 2007, based on the findings
included in the staff report.
Board Member Kohler stated that he visited the site and found that the side fapade, the
shortest side of the structure, is facing the multi -family development and has less of an
impact on the adjacent residential district. He asked staff to clarify the setback
requirements of the R -O zoning district in terms of the 3rd floor addition.
Sanders described the additional setback requirements resulting from a proposed height
greater than 20 feet in the R -O zoning district.
Jake Wineman, the applicant, introduced himself.
Board Member Zant asked staff if the applicant is able to meet the minimum parking
requirements with the proposed addition.
Sanders discussed the history of the parking for the subject property and the current
requirements.
Zant stated that he doesn't find that the proposed height of the subject property will be
comparable to the adjacent residential development, as stated by staff, and doesn't
support the request.
Board Member Waller asked staff to verify any special conditions that exist on the land.
Sanders stated that there are no special conditions that are peculiar to the subject
property.
Staff and the Board discussed the several requests that must be approved prior to the
construction of a 3`d story addition, including Planning Commission approval of a
conditional use to expand the hospital use in the R -O zoning district and Subdivision
Committee approval of a major modification to the previously approved large scale
development.
Staff and the Board discussed equal protection of multiple- and single-family uses and
the intent of the regulations of the R -O zoning district.
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Jesse Fulcher, Current Planner, added that the increased setback requirements of the R -O
zoning district only apply to the side setback, as the intent is to create separation between
structures.
Sanders added that staff measured the separation between the addition on the subject
property and the closest adjacent residential structure to be approximately 115 feet, as
stated in the staff report.
Board Members Waller, Chesser, Bandy, and Kohler discussed the process of adding
a P story and the structural requirements associated with the addition.
Chesser stated that, based on the findings of staff and the series of approvals that follow
should the variance request be approved, he supports staff's findings and the applicant's
request.
Zant stated that he fails to see the hardship.
Kohler found no argument to deny the request, finding that the alternative to the variance
request is to abandon the current site, relocate to another site, possibly outside of the City
limits, encouraging sprawl. He found that this is an infill situation and supports the
request.
Zant stated that outgrowing a site is always a factor in development.
Chesser stated that the only adjacent residential development is RMF -24, a high density
residential development with significant height allowances, that the property is
surrounded by commercial and office uses, and that he finds staff s interpretation of the
intent of the R -O zoning district is appropriate.
No public comment was received.
Motion:
Board Member Chesser made a motion to approve the request with the conditions as
stated by staff. Board Member Bandy seconded the motion. Upon roll call the motion
was approved with a vote of 3-2-0, with Board Members Waller and Zant voting
"no".
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BOA 08-3059: (SMITH/LAFAYETTE, 485): Submitted by TOM & DEBI SMITH for
property located at 312 E. LAFAYETTE STREET. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.20 acres. The
request is to modify previously approved side and rear setback variances to allow for a
new detached garage.
Jesse Fulcher, Current Planner, gave the staff report, including a past variance approval
for a carport that had not been constructed. Staff recommended approval of the 5' side
setback variance and 15' rear setback variance requests to allow for the construction of a
garage instead of a carport.
Board Member Kohler asked what the size of the carport was that was approved for a
variance and the size of the garage being requested now. What is the difference between
a carport and garage?
Fulcher stated that the carport was 13' x 23' and the garage was proposed to be 14' x
22'. Staff recommended that the applicant reapply for a variance because the previous
request had been specifically for a carport and the carport was discussed during the
previous meeting.
Tom Smith, applicant, stated that Mr. Crider was present at the meeting and that he was
the previous owner that had received the variance for the carport.
Board Member Waller asked why the side setback was needed. There appeared to be
room to locate the garage in the back yard, outside of the side setback.
Smith stated that the lot was narrow and that the garage would be difficult to access if it
were positioned to the side of the existing driveway.
Lane Crider stated that there was an existing garage when he owned the property and
that he had removed it after he was approved for the carport variance. The side setback
was discussed at that meeting and a variance was granted because of the site constraints.
Elizabeth Woods, neighbor, stated that the garage would reduce her property value and
was concerned with the height.
Kohler asked if it would be appropriate to place a height restriction and if there was a
height limit in the RSF-4 zoning district.
David Whittaker, Assistant City Attorney, stated that the height limit was 45' and that a
height limitation on the garage would be appropriate.
Smith stated that he drew the garage as shown, but didn't realize the normal height for
garages. He stated that a height limit is fine.
General discussion ensued regarding height limits and roof types.
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Board Member Chesser stated that if the garage was moved outside of the side setback,
it would just create more impervious surface, remove trees and would be difficult to
access.
Waller asked if there would be any utilities extended to the garage.
Smith stated that electrical service would be extended to the garage.
Motion:
Board Member Chesser made a motion to approve the request with the addition of
Condition #6: The garage shall have a maximum height of 15' to the peak of the roof.
Board Member Zant seconded the motion. Upon roll call the motion was approved
with a vote of 5-1-0.
All business being concluded, the meeting adjourned at 4:55 PM.
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