HomeMy WebLinkAbout2009-08-03 MinutesI
MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on August 3, 2009 at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ACTION TAKEN
MINUTES: July 6, 2009 Approved
Page 2
BOA 09-3378 (Alan Reid, 445) Tabled
Page 3
BOA 09-3379 (Mark Zweig, 485): Approved
Page 4
BOA 09-3379 (Farmer's Coop., 523,562) Approved
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MEMBERS ABSENT
Sheree Alt
Steven Bandy
William Chesser Arrived late
Robert Kohler
Bob Nickle
Mark Waller
Kristen Knight
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
David Whitaker
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
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Approval of the July 6, 2009 Board of Adjustment meeting minutes.
Motion:
Board Member Waller made a motion to approve the minutes from the July 6, 2009
BOA Meeting. Board Member Knight seconded the motion. Upon roll call, the
motion passed with a vote of 5-0-0.
BOA 09-3378 (ALAN REID / 911 HIGHLAND, 445): Submitted by GEORGE ALAN
REID JR. for property located at 911 HIGHLAND AVENUE. The property is zoned
RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.64 acres.
The request is for reduced street frontage for a lot resulting from a proposed lot split.
Planner: Dara Sanders
The applicant has requested this item be tabled to the Monday, September 14, 2009
meetinE.
Motion•
Board Member Chesser made a motion to table the item. Board Member Bandy
seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0.
El
BOA 09-3379 (MARK ZWEIG / 432 N. WILLOW AVE, 485): Submitted by ALAN
REID for property located at THE SE CORNER OF MAPLE AND WILLOW, 432 N.
WILLOW AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.29 acres. The request is for lot area
variances to subdivide the property into two lots.
Andrew Garner, Senior Planner, gave the staff report discussing the existing home on
the property built in 1890 that is in the process of being renovated by the applicant. He
discussed the vacant part of the lot that is proposed to be subdivided into a legal lot of
record and the variance requests of lot area. Staff recommends approval of the requested
variances for the reasons discussed throughout the staff report.
Board Member Waller asked about staff's recommendation as to whether these
variance requests were warranted by a hardship.
Garner discussed that there was not a hardship, as the applicant has the right to continue
to utilize the property for a single family residence. However, City Plan 2025 discusses
that infill and revitalization is our highest priority, and these variance requests would help
accomplish that goal. Additionally, the findings in the staff report discuss that the
variance requests would not adversely affect the public as there are a number of small
lots and houses in this neighborhood, similar to the proposed lot sizes.
Board Member Chesser asked about the size of homes in this neighborhood and the
orientation of this home.
Garner discussed that there are a wide variety of lot sizes in the Washington Willow
neighborhood. There are two lots developed with smaller homes immediately north
across Maple from the subject property that are less than 5,000 square feet.
Alan Reid (applicant) discussed the orientation of a new potential home to face Maple
Street. The existing home fronts onto Willow Avenue and there is a large vacant back
yard that is an obvious location for another home to face Maple Street.
Board Member Waller asked about one versus two nonconforming lots.
Alan Reid (applicant) responded that they worked with staff to create two lots that met
the minimum street frontage requirement, but that resulted in both lots not having enough
lot area.
Board Member Chesser asked about the special condition for the variance being infill
as a policy directive out of City Plan 2025.
David Whitaker, Assistant City Attorney, discussed that in general, consistency with the
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City's zoning plan is legitimate within the sphere of a zoning variance.
Public Comment:
Sonya Stout, resident on Maple Street, discussed that she was for the variance request
and felt it was perfect for the neighborhood.
No more public comment was received.
Motion:
Board Member Chesser made a motion to approve the request with conditions as listed
in the staff report and adding a condition that the existing nonconforming shed on the
property shall be removed prior to recordation of the lot split. Board Member Bandy
seconded the motion. Board Member Nickle asked about placing the shared driveway
into an access easement. Garner discussed that issue would be addressed at the time of
the lot split. Upon roll call the motion passed with a vote of 6-0-0.
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BOA 09-3381 (FARMER'S COOPERATIVE, 523/562): Submitted by STEVE
CLARK for property located at THE SW CORNER OF MLK BLVD. AND S. SCHOOL
AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains
approximately 7.00 acres. The request is to allow for the placement of an accessory
structure outside of the build -to zone.
Jesse Fulcher, Current Planner, gave the staff report, describing the request to allow the
building to be located outside of the build -to zone.
Board Member Kohler stated that access and maneuverability were major issues on this
site.
Board Member Waller stated that the size of the lot was also an issue.
Board Member Knight stated that the Downtown Master Plan did not anticipate a hay
barn.
Joey Dobbs, applicant, stated that the location of the barn needed to be away from the
street to allow access through the structure. Additionally, they had concerns with liability
if the building was located so close to the street.
Board Member Kohler stated that a variance seemed appropriate in this situation.
Board Member Waller asked if the variance was to allow the building anywhere, or
exactly as shown on the site plan.
Fulcher stated that the variance would allow them to locate the building outside of the
build -to zone, subject to all other development requirements.
No public comment was received.
Motion:
Board Member Nickle made a motion to approve the request with conditions as listed in
the staff report. Board Member Chesser seconded the motion. Upon roll call the
motion passed with a vote of 6-0-0.
All business being concluded, the meeting was adjourned at 4:18 p.m.