HomeMy WebLinkAbout2009-04-06 MinutesMINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on April 6, 2009 at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ACTION TAKEN
MINUTES: March 2, 2009 Approved
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BOA 09-3247 (Fayetteville Depot, LLC 484) Approved
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BOA 09-3248 (Harvey/Jasper Lane, 100) Withdrawn
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MEMBERS ABSENT
Sheree Alt
Steven Bandy
William Chesser
Robert Kohler
Bob Nickle
Mark Waller
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.
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1. Approval of the March 2, 2009 Board of Adjustment meeting minutes.
Motion:
Board Member Nickle made a motion to approve the minutes from the February 2, 2009
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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New Business:
BOA 09-3247 (FAYETTEVILLE DEPOT, LLC, 484): Submitted by ROBERT
SHARP for property located at 550 W. DICKSON STREET. The property is zoned
MSC, MAIN STREET CENTER and contains approximately 1.6 acres. The request is to
permit parking in the Build -to -Zone on West Ave. and Dickson St.
Andrew Garner, Senior Planner, gave the staff report, giving background on the uses
and previous approval for the parking lot on this site, and explained that the parking lot
was made nonconforming after the property was re -zoned from C-3 to Main Street Center
as part of the Downtown Master Plan in October 2006. Staff recommends in favor of the
requested variance as discussed in the findings throughout the staff report.
Board Member Kohler asked about the timing of the approval for the parking lot as his
understanding was the parking lot was originally approved on a temporary basis.
Garner discussed that the original conditional use permit was granted for a temporary
parking lot and to allow for an excess number of parking spaces. However, the
conditional use permit that was recently approved by the Planning Commission on
February 23, 2009 did not limit the parking lot to a specific timeframe, and made the
parking lot a permanent conforming use, with the exception of the variance before the
Board of Adjustment, as parking spaces are located within the build -to zone.
Board Member Chesser asked about the zoning change on the property and if that was
initiated by the City.
Garner discussed that the zoning change was initiated by the City after the Downtown
Master Plan was adopted.
Kristen Knight (applicant) explained what they are requesting and why, and discussed
the landscaping improvements that will be constructed as a condition of the Planning
Commission approval.
Board Member Waller asked about testing the site for hazardous materials.
Knight responded that the site had been historically been used as a storage yard and
believes that the site was tested prior to construction of the parking lot, but wasn't sure.
No public comment was received.
Motion:
Board Member Chesser made a motion to approve the request with conditions as listed
in the staff report. Board Member Alt seconded the motion. Upon roll call the motion
passed with a vote of 5-0-0.
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BOA 09-3248 (HARVEY/JASPER LANE, 100): Submitted by ALAN REID for
property located at 3570 JASPER LANE. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNITS/ACRE and contains approximately 0.28 acres. The request is for
front and side setback variances to bring an existing single family dwelling into
compliance.
Andrew Garner, Senior Planner, discussed that with the recent ordinance change
adopted by City Council to reduce building setbacks in the RSF-4 zoning district, the
requested variance was not needed.
David Whitaker, Assistant City Attorney, confirmed that with the ordinance change a
variance was not needed and no further action on this item needed to be taken.
All business being concluded, the meeting was adjourned at 4:00 PM.
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