HomeMy WebLinkAbout2010-01-19 MinutesBoard of Adjustment Special Meeting
January 19, 2010
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MINUTES OF A SPECIAL MEETING OF THE
BOARD OF ADJUSTMENT
A special meeting of the Board of Adjustment was held on January 19, 2010 at 3:45 p.m.
in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
BOA 10-3506 (D. Hill/208 W. Sycamore, 367) Approved
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MEMBERS ABSENT
Sheree Alt
Steven Bandy
William Chesser
Robert Kohler
Bob Nickle
Mark Waller
Kristen Knight
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Gamer
Dara Sanders
Jason Kelley
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
Board of Adjustment Special Meeting
January 19, 2010
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BOA 10-3506 (D. HILL / 208 W. SYCAMORE, 367): Submitted by DAVID M. HILL
for property located at 208 W. SYCAMORE STREET. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY 4 UNITS PER ACRE and contains approximately
0.27 acres. The request is for front building setback variances off of Woolsey Avenue
and Sycamore Street to bring a nonconforming structure into compliance.
Andrew Garner, Senior Planner, gave the background for the previous variance request
at the property that was denied in 2009, and the current variance request that has been
brought forward as a result of the court-ordered mediation agreement.
Board Member Kohler described the request of the applicant that would satisfy the
mediation agreement.
Jason Kelley, Assistant Attorney, reviewed the copy of the mediation that was provided
to the board. He described the mediation meeting and discussed that he thinks the request
is reasonable and that both the City and applicant made concessions. If the variance is not
granted we will go to trial.
Board Member Nickle discussed the 3.5 hour mediation. He discussed that there were
some changes in the methodology of how city does some of this permitting that occurred
directly as a result of this project and to avoid problems in the future. He discussed that
this request would allow the street department to expand the street intersection in the
future without having to condemn the subject property. He felt like the mediation
agreement was a reasonable compromise.
Board Member Kohler asked about whether part of the structure was in the right-of-
way?
Kelley discussed that a portion of the structure on Woolsey Avenue was in the right-of-
way.
Board Member Alt asked for more details about the mediation.
Board Member Nickle responded that the structural safety was discussed and was a
concern; verifying the stability and load for the trusses for the safety of the current and
future occupants of the house.
Kelley described that the mediation agreement resulted in something where both sides
met in the middle. The City won't have to buy the applicant's deck if Woolsey Avenue
needs to be widened.
Board Member Waller asked if the board can consider the risk of the City going to trial
as part of their decision of the variance.
Kelley responded that, yes, the board can consider the risk of going to trial in their
decision.
Board of Adjustment Special Meeting
January 19, 2010
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No public comment was presented.
Wes Dawson, applicant's attorney, discussed that he thinks the mediation is a good
agreement. A lot of people have commented that they think the applicant's addition to his
home is an improvement. He discussed that the applicant tried to do everything
appropriately. We have come to a reasonable agreement. There were some mistakes made
on both sides.
Kelley discussed the staff recommended conditions of approval.
Board Member Kohler asked if a variance was needed to bring the existing
nonconforming structure into compliance.
Jeremy Pate, Development Services Director, discussed that the variance should include
bringing the existing nonconforming structure into compliance.
Board Member Nickle discussed that the recommended condition that the structure be
removed within 90 days be modified to allow the applicant 120 days to remove the
structure.
Motion:
Board Member Nickle made a motion to approve the request as requested by the
applicant, and also to approve variances to bring the existing nonconforming home into
compliance, modifying condition of approval No. 1 to give the applicant 120 days,
instead of 90. Board Member Alt seconded the motion. Upon roll call, the motion
passed with a vote of 5-1-0, with Board Member Waller voting `no'.
All business being concluded, the meeting was adjourned at 4:30 p.m.