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HomeMy WebLinkAbout2008-10-06 MinutesMINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on October 06, 2008 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. BOA 08-3111 (MCCARTY / ROCKCLIFF, 450) Page 2 BOA 08-3112 (MCGOWAN, 365) Page 4 BOA 08-3113 (HOGGATT / ARCHER ST., 442) Page 5 BOA 08-3114 (LOLLEY / HILL AVE., 522) Page 6 BOA 08-3115 (DICKSON ST. INN, 484) Page 8 Robert Kohler James Zant William Chesser Bob Nickle Mark Waller Steven Bandy STAFF PRESENT Jesse Fulcher Andrew Garner Dara Sanders David Whitaker ACTION TAKEN Tabled Approved Approved Tabled Approved MEMBERS ABSENT Sherrie Alt STAFF ABSENT Board of Adjustment Chair Bob Kohler called the meeting to order. 1 Approval of the September 02, 2008 Board of Adjustment meeting minutes. Motion: Board Member Nickle made a motion to approve the minutes from the September 02, 2008 BOA Meeting. Board Member Zant seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. New Business: BOA 08-3111 (MCCARTY / ROCKCLIFF, 450): Submitted by BLEW & ASSOCIATES for property located at 587 N. ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.34 acres. The request is for reduced front and rear setbacks to allow for a new deck and an enclosed porch. Andrew Garner, Senior Planner, gave the staff report, recommending denial of the variance requests to construct a new deck and covered porch on the front and rear of the home within the building setbacks and in a utility easement, based on the findings included in the staff report that there is no hardship or deprivation of rights and that if the applicant is concerned with safety they could install a safety rail or fence in the setback. Board Member Zant asked staff if there were other options to construct the proposed additions. Garner responded that there are other options on the site to construct additions as there is plenty of room in the front yard for a front porch or addition. Board Member Kohler discussed that due to the steep terrain there is a potential safety hazard on the site, and also discussed that the location of this house and other structures in this neighborhood is variable due to the steep topography, variety of lot sizes and shapes. Kohler discussed that the only access to the front door was along the sidewalk next to a steep slope. Board Member Waller discussed that there is also access into the house from the garage. Kohler discussed that the covered porch on the rear of the house would not be visible at all to the north. Board Member Chesser asked how much space was between the existing sidewalk next to the house and the building setback. Michael Sebo (applicant) answered approximately 3-4 feet from the sidewalk to the setback. 2 Jack McCarty (applicant) discussed that plantings in the front would screen the deck. Yes they could put up a safety railing but it wouldn't look as nice. Kohler discussed that the Board is looking for a hardship, it can't be just an aesthetic or design issue. Sebo (applicant) discussed that improved livability is the main reason for the variance. No public comment was presented. Zant discussed that a deck could be built without a variance. Chesser discussed that if the deck was below 30 inches then it may be allowed to go into the setback, other factors and other options can be done. Staff and board members discussed the ordinance requirement for the height of the deck, railings, and fences. Zant asked the applicant if they would be willing to work with staff on other options for the development. Sebo (applicant) responded that yes they would like to work with staff. Motion: Board Member Zant made a motion to table indefinitely the requested variances. Board Member Chesser seconded the motion. Upon roll call the motion was approved with a vote of 6-0-0. BOA 08-3112 (MCGOWAN, 365): Submitted by BATES & ASSOCIATES for property located at 1754 N. JANICE AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.36 acres. The request is for a variance from lot area requirements for a new lot, and to bring an existing single family home into compliance. Dara Sanders, Current Planner, gave the staff report, recommending approval of the variance requests for the existing nonconforming structure and the proposed Lot B, based on the findings included in the staff report. Board Member Kohler asked staff about the determining factors for the location of the proposed property line between Lots A and B. Sanders explained that the location of the existing home and garage were determining factors in the location, as the structures would meet the side setback requirements with the current location of the property line. Board Member Waller, the applicant, Derrick Thomas, and staff discussed the buildable lot area for Lot B. 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 5-1-0, with Board Member Waller voting `no'. 11 BOA 08-3113 (HOGGATT / ARCHER ST., 442): Submitted by HALLEY H. JR. & CANDACE HOGGATT for property located at 2076 W. ARCHER DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.40 acres. The request is for a front setback variance to bring the existing structure into compliance. Jesse Fulcher, Current Planner, gave the staff report and described the change to the right-of-way for Sang Avenue. The increase in right-of-way from 50' to 70' was initiated by the City with the re -adoption of the Master Street Plan. The house was in compliance with all setbacks prior to the change in right-of-way. Staff recommends approval of the variance request. Board Member Kohler stated that this was a typical request, very straight forward. Board Member Zant stated that nonconforming situation was not an action of the applicant. Halley Hoggatt stated that he just wanted to fix the nonconforming situation. No public comment was received. Motion: Board Member Chesser made a motion to approve the requested variance with the condition as recommended by staff. Board Member Bandy seconded the motion. Upon roll call the motion was approved with a vote of 6-0-0. E BOA 08-3114 (LOLLEY / HILL AVE., 522): Submitted by MIKEL LOLLEY for property located at 20 SOUTH HILL AVENUE. The property is zoned RMF -40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.66 acres. The request is for a reduced side setback to allow for a new two -car garage. Andrew Garner, Senior Planner, gave the staff report, recommending denial of the side setback variance request to construct a garage within the building setback, based on the findings included in the staff report that there is no hardship or deprivation of rights and that there is adequate space on the property to construct a garage outside of the setbacks. Board Member Nickle asked staff about the building height and the additional setback. Garner responded that since the proposed garage is 25 feet in height the typical 8 -foot side setback is increased to 13 feet (an additional 1 -foot for every foot over 20 feet in height). The applicant is proposing a 1 -foot setback. Board Member Kohler asked why the garage was connected and if it was an enclosed breezeway. Board Member Zant asked about the breezeway and whether the garage would meet setbacks if the breezeway were eliminated. Garner responded that the breezeway was approximately 8 feet in length and if the garage were reduced to 20 feet in height and the breezeway eliminated and the garage pushed next to the house it would meet the setbacks requirements. Mikel Lolley (applicant) discussed the reasons why there was a breezeway. He discussed that the existing plumbing, utilities and existing house foundation were practical considerations that were considered when locating the garage. He also discussed that security, convenience, and aesthetics were factors that were considered. Zant stated that no amount of aesthetic issues could be considered and do not account for ample hardship. Lolley (applicant) discussed the history of restoring the existing house and converting it from multi- to single family home. He felt that historic preservation and maintaining the integrity of the existing home were hardships. No public comment was presented. Zant discussed that because there are several options to construct the garage outside of the setbacks it virtually precludes the need for a variance. Lolley (applicant) discussed the option of purchasing adjacent property to the south and moving the property line over. Could they come back and ask for a lesser variance? Kohler answered that you can always ask. 0 Board Member Nickle discussed that he also thought there were other options for the proposed addition on the property. Zant stated that he does not see a hardship. Lolley (applicant) asked about the breezeway being covered/uncovered and if that would make a difference. Kohler responded that would be his personal preference for it to be a detached garage as opposed to a clear addition to the overall home. He discussed his preference for accessory structures having reduced setbacks similar to other communities and how a draft ordinance for reduced setbacks had been stalled for some time at ordinance review committee. Lolley said that he wasn't sure what a hardship was. Kohler discussed that hardship is not about preference, it is related to deprivation of rights of applicants, however, the Board does look at all of the issues including neighbors' opinions. No public comment was presented. Zant asked if the applicant would be willing to work with staff to look at other options for placing the garage on the property. Lolley stated that yes he could do that. Motion: Board Member Zant made a motion to table indefinitely the requested variances. Board Member Chesser seconded the motion. Upon roll call the motion was approved with a vote of 6-0-0. 7 BOA 08-3115 (DICKSON ST. INN, 484): Submitted by YUME RUDZINSKI for property located at 301 W. DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0. 13 acres. The request is for variances from the required minimum buildable street frontage and front setback. Dara Sanders, Current Planner, gave the staff report, recommending approval of the request, based on the findings included in the staff report. Board Member Kohler discussed with staff the conformance of the proposed addition and the type development pattern that the zoning district means to encourage. Steve Davis, adjacent property owner, stated his support for the request but wanted to state for the record that he had concern with access to his property from the public alley located at the south, runoff during development, and other issues. Motion: Board Member Chesser made a motion to approve the requested variance with the conditions as recommended by staff. Board Member Nickle seconded the motion. Upon roll call the motion was approved with a vote of 6-0-0. All business being concluded, the meeting adjourned at 5:00 PM. 3