HomeMy WebLinkAbout2009-05-04 MinutesI
MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on May 4, 2009 at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
MINUTES: April 6, 2009
Page 2
BOA 09-3274 (Briesel, 447)
Page 3
BOA 09-3275 (Barnes, 484)
Page 5
BOA 09-3276 (Means, 370)
Page 6
Sheree Alt
William Chesser
Robert Kohler
Bob Nickle
Mark Waller
STAFF PRESENT
Jesse Fulcher
Andrew Garner
Dara Sanders
David Whitaker
ACTION TAKEN
Approved
Approved
Approved
Approved
MEMBERS ABSENT
Steven Bandy
STAFF ABSENT
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
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1. Approval of the April 6, 2009 Board of Adjustment meeting minutes.
Motion:
Board Member Waller made a motion to approve the minutes from the February 2,
2009 BOA Meeting. Board Member Nickle seconded the motion. Upon roll call, the
motion passed with a vote of 5-0-0.
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New Business:
BOA 09-3274 (BRIESEL/ 704 E. MAPLE ST., 447): Submitted by LEGACY
VENTURES, LLC for property located at 704 E. MAPLE. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately
0. 16 acres. The request is for a variance from lot area requirements to allow construction
of a single family home on an existing non -conforming lot of record.
Andrew Garner, Senior Planner, gave the staff report, giving background on the existing
nonconforming lot. The property is undeveloped and was platted years ago as part of the
Mountain View Addition. With the adoption of City zoning in the 1960's and 1970's the
lot was made nonconforming. Staff recommends in favor of the requested variance as
discussed in the findings throughout the staff report.
Board Member Waller asked about vacating the alley on the property.
Garner answered that staff had discussed that option with the applicant. The applicant
owns the adjacent property to the west. Therefore the alley could be vacated and the
remaining portion of the alley given to the subject property through a property line
adjustment. Since the property is an existing nonconforming lot that cannot be developed
on as -is, staff felt that was a hardship that justified the variance.
Board Member Nickle asked about the condition of approval regarding verifying that
the lot is a legal lot of record. How has the property been viewed at the County
Assessor's Office for tax purposes?
Garner referenced page 12 in the staff report, and discussed that the lots 5, 6, 7, and 8
have all been viewed as one lot at the county.
Dara Sanders, Current Planner, discussed that she had researched the property in the
past for the applicant and explained that when the county changed their parcel number
system they combined the four lots into one lot.
Tim Briesel (applicant) discussed that he had spoken to one of the neighbors that was
concerned with this home blocking views of downtown. He stated that he could push the
proposed house back to avoid impacting their views.
Hank Kaminsky (public), stated that he was in favor of the proposed single family
home. He discussed that the neighbor to the east was concerned with preserving the oak
and maple tree along the eastern property line.
Board Member Kohler discussed that this is an existing nonconforming situation and
that there are plenty of 50 -foot wide tots in the neighborhood.
El
Motion:
Board Member Nickle 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.
F
BOA 09-3275 (BARNES / 612 W. DICKSON ST., 484): Submitted by CRAIG HULL
for property located at 612 WEST DICKSON STREET. The property is zoned MSC,
MAIN STREET CENTER. The request is for variances from the required minimum
buildable street frontage to bring the existing non -conforming structure into compliance.
Dara Sanders, Current Planner, gave the staff report, giving background and
recommending approval of the variance to bring the existing non -conforming structure
into compliance.
Board Member Waller asked about the type of work.
Sanders discussed that it was interior work.
Board Member Kohler asked about the build -to zone regulation.
Sanders explained the build -to zone, discussing that a certain percentage of the lot width
is required to be built with the building into the build -to zone.
Craig Hull (applicant) explained his proposal for the property discussing that he would
renovate the building within the existing footprint and that it is planned on being a
LEED-certified building renovation.
Board Member Chesser asked what space would be used for the various commercial
tenants.
Hull explained the breakdown of uses with the adjacent laundry map and the new
proposed fitness club.
Board Member Alt stated that she thought the business would be compatible and would
compliment the area.
Board Member Chesser discussed that the City changed the zoning within the last four
years making the existing building and parking lot of 25 years nonconforming.
Board Member Waller discussed that he thought it was appropriate to release the
applicant of this burden.
Board Member Chesser stated agreement that he thought the regulation was a hardship.
No public comment was received.
Motion:
Board Member Alt made a motion to approve the request with the stated conditions.
Board Member Chesser seconded the motion. Upon roll call the motion passed with a
vote of 5-0-0.
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BOA 09-3276 (MEANS / 1661 E. CYPRESS LANE, 370): Submitted by DAVID
MEANS for property located at 1661 E. CYPRESS Lane. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.12 acres. The
request is for a front setback variance to bring an existing non -conforming structure into
compliance.
Jesse Fulcher, Current Planner, gave the staff report, giving background on the building
permit and nonconforming structure.
Board Member Kohler asked about the building permit.
Mike Means (applicant) stated that they purchased the home only recently and that the
encroachment into the setback was due to the previous owner/builder. They just wanted
to clear up the matter.
Board Member Waller asked the owners if they were aware of the situation prior to
closing on the home.
Mr. Means stated that were aware prior to closing on loan.
Board Member Chesser asked questions regarding building constructing homes in the
setbacks, what can the City do to prohibit this problem.
Fulcher discussed the various steps and parties involved in the process and that any one
could cause the error to occur.
Motion:
Board Member Chesser made a motion to approve the request with the stated
conditions. Board Member Alt seconded the motion. Upon roll call the motion passed
with a vote of 4-1-0 with Waller voting "no."
All business being concluded, the meeting was adjourned at 4:40 PM.