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HomeMy WebLinkAbout2009-02-02 MinutesMINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on February 2, 2009 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ACTION TAKEN MINUTES: January 5, 2009 Approved Page 2 BOA 09-3203 (GILMORE / OLIVE AVE., 485) Approved Page 3 BOA 09-3200 (SKILES / SUMMIT AVE., 485) Approved Page 4 MEMBERS PRESENT MEMBERS ABSENT Robert Kohler Sheree Alt James Zant William Chesser Bob Nickle Mark Waller Steven Bandy STAFF PRESENT STAFF ABSENT Jesse Fulcher Andrew Garner Dara Sanders David Whitaker Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. 1 Old Business: 1. Approval of the January 5, 2009 Board of Adjustment meeting minutes. Motion: Board Member Zant made a motion to approve the minutes from the January 5, 2009 BOA Meeting. Board Member Nickle seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. Board Member Chesser arrived. 2 New Business: BOA 09-3203 (GILMORE / OLIVE ST., 485): Submitted by JENNIFER GILMORE for property located at 436 N. OLIVE AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY — 4 UNITS/ACRE. The request is for a front and side setback variance to bring an existing non -conforming structure into compliance and to allow for a building expansion. Jesse Fulcher, Current Planner, discussed the background of the original request and the process of the applicant re -designing the new structure to reduce the encroachment into the building setbacks and be consistent with setbacks in the RSF-8 zoning district. Based on the findings in the staff that there are special conditions unique to this property and the variances will not be injurious to the neighborhood, staff recommends approval. Board of Adjustment discussed the existing garage and the proposed addition. Jason Gilmore, applicant, stated he had no additional comments. Board Member Kohler asked if there had been any public comment. Fulcher stated that the Planning Division had not received any public comment. Board Member Nickle asked if the separate apartment will go away. Gilmore stated that it would. Kohler asked if the drip -line would be any closer than 5'8" to the property line. Gilmore stated that it would not. No public comment was received. Board Member Zant stated that this request was pretty cut and dry. Motion: Board Member Nickle made a motion to approve the request with conditions as listed in the staff report. Board Member Waller seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. 3 BOA 09-3200 (SKILES, 485): Submitted by ALBERT SKILES for property located at 213 N. SUMMIT AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY — 4 UNITS/ACRE and contains approximately 0. IS acres. The request is for side and rear setback variances to allow for a new detached garage and accessory dwelling unit. Andrew Garner, Senior Planner, gave the staff report and discussed that staff does not find that there are special conditions or hardships that justify the variances. He discussed that staff finds that a new garage with an accessory dwelling structure could reasonably be developed on the property without impacts to the steep topography, the existing stone retaining walls, or existing tree canopy, and meet the required building setbacks. Board Member Zant discussed the garage door spaces, the stairway, and the dimensions. He discussed that the request did not seem unreasonable but he is open for suggestion. Albert Skiles, applicant, discussed that this project was one of the first projects approved for Accessory Dwelling Unit by right. He discussed the background of how they came to this design. He discussed that he is trying to keep with the integrity of the hillside ordinance. No one would care about these variances. We wouldn't destroy the tree or wall with the proposed variances. The proposed design was already completed but a mistake in the original site plan had the property line in the incorrect place. He discussed why the design of the stairs needs to be where it is and why it was designed the way it was. He discussed keeping the retaining wall. He shared photos of the wall and the existing house with the Board. He discussed the retaining wall and fill. Board Member Chesser asked how tall the wall is. Skiles stated it was 7 feet tall. Board Member Chesser asked if the whole building were shifted 3 ft. to the north would it avoid the tree? Skiles discussed the existing tree and measures that would be needed to protect it and that the garage as proposed could not be shifted to the north. Board Member Kohler discussed that these variance requests are about building design and efficiency on the site. He stated that there is a natural slot on this site for this building, and it is where it is proposed: straight -in drive to the garage, the existing tree, and retaining walls. The proposed structure is centered on that natural slot. We're providing efficiency. Board Member Zant asked if east -west alignment is needed. It seems like the rear setback variance is merely out of convenience to me. It seems like the building could be shifted to the west. 11 Board Member Chesser asked how tall the deck on the rear is. Skiles discussed that it would be below the existing natural grade. Garner confirmed that building height is measured from the existing natural grade. Board Member Nickle discussed agreement with the other discussion and preservation of a tree is warranted. No public comment was received. Board Member Zant stated that he sees adequate hardship for the variances. Motion: Board Member Zant made a motion to approve the request with conditions as listed in the staff report. Board Member Waller asked about the overhang on the drawing. Skiles stated there were no overhangs proposed. The architectural design has changed slightly from the plans in the Board's packets. Board Member Nickle seconded the motion. Board Member Waller discussed that he was okay with the side variance, but not the rear variance. Upon roll call the motion to approve the request passed by a vote of 3-2-0, with Board Members Waller and Chesser voting no. All business being concluded, the meeting was adjourned at 4:30 PM. E