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HomeMy WebLinkAbout2010-09-13 MinutesBoard of Adjustment Meeting September 13, 2010 Page 1 of 5 MINUTES OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on September 13, 2010 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: June 14, 2010 Approved BOA 10-3643 (Pomoransky, 324) Denied Page 2 BOA 10-3644 (Kilpatrick, 398) Approved Page 4 BOA 10-3645 (W -One Investments, 445) Approved Page 5 MEMBERS PRESENT MEMBERS ABSENT Sheree Alt Steven Bandy Robert Kohler Mark Waller Kristen Knight Evan Niehues STAFF PRESENT STAFF ABSENT Jesse Fulcher Andrew Garner Data Sanders Jason Kelley Jeremy Pate Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. Board of Adjustment Meeting September 13, 2010 Page 2 of 5 BOA 10-3643 (POMORANSKY 2732 MEADOWLARK, 324): Submitted by JOHN POROMANSKY for property located at 2732 MEADOWLARK. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.29 acre. The request is for a side setback variance for a parking cover. Andrew Garner, Senior Planner, gave the staff report discussing the request for an RV parking cover and staff's discussions and site visits with the applicant. Board Member Kohler asked about angling the parking cover. Garner discussed that the parking cover could be angled and that the cover would extend further into the applicant's yard if it were angled. Board Member Knight referred to photos in the packet showing the RV parked greater than five feet from the side property line. John Pomoransky, applicant, gave the background for the request, his owned the property for several decades, and the improvements he has made to it. He discussed the metal sheds that had been removed from this area of the yard. He discussed the process that he went through to obtain permission to place the structure in the easement and installing gravel for the cover. He referred to photos and a petition signed by neighbors stating they were okay with his proposal. Board Member Kohler asked if the applicant has any plans to attach any other structures to the RV cover. John Pomoransky, applicant, stated that he would not attach anything to the cover. Board Member Knight asked when the base for the RV cover was installed. John Pomoransky, applicant, discussed that there had been gravel there for many years, but that in spring 2010 he installed additional base and timbers to contain and define the parking pad. Board Member Kohler discussed that he was having trouble with this request due to lack of a hardship. John Pomoransky, applicant, discussed that he feels like he was misled by the City. No public comment was presented. Board Member Nieheus asked whether or not the side panels could be pulled out under the RV cover. John Pomoransky, applicant, discussed that with his proposed 18 -foot cover they could be pulled out, but with the 15 -foot cover they would not be able to be pulled out the Board of Adjustment Meeting September 13, 2010 Page 3 of 5 entire width, unless the vehicle were centered perfectly, and even then they would probably not be able to be pulled out all the way. He discussed that he owns the property and lived there for 29 years, made improvements to the property, and had the neighbor's support for his proposed cover. Board Member Alt asked when the home was build. John Pomoransky discussed that he moved into the property in the late 1970's. Board Member Knight referred to a note in the report that the home was built in 1967. Motion: Board Member Alt discussed that she did not see any hardship that justifies a variance and made a motion to deny the request. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. Board of Adjustment Meeting September 13, 2010 Page 4 of 5 BOA 10-3644 (KILPATRICK 4910 WEDINGTON, 398): Submitted by SARAH KILPATRICK for property located at 4910 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 1.95 acres. The request is for a variance of lot width and lot area to bring a nonconforming lot into compliance. Dara Sanders, Current Planner, gave the staff report. Sarah Kilpatrick, applicant, discussed that she was here for any questions. Derrick Kilpatrek, applicant's husband, gave positive comments for his wife's existing business that was moving to the subject property. No additional public comment was presented. Motion: Board Member Alt made a motion to approve the request. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. Board of Adjustment Meeting September 13, 2010 Page 5 of 5 BOA 10-3645 (W -ONE INVESTMENTS 38 W. TRENTON, 445): Submitted by PAUL MORTENSON for property located at 38 W. TRENTON BLVD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.91 acre. The request is to bring an existing structure into compliance for remodeling. Andrew Garner, Senior Planner, gave the staff report discussing the existing buildings and the proposed renovation that requires a variance. Board Member Alt asked about the use in the building. Paul Mortensen, applicant, discussed that the building is anticipated on being utilized for professional offices. Constance Clark, property owner at 27 Trenton Boulevard, discussed that she owns the property across the street and is not opposed to the project. She also discussed that she was on the Board of Adjustment many decades ago. No additional public comment was presented. Paul Mortensen, applicant, discussed the potential uses and tenants of the building including a dentist that is evaluating going into the southern building. Motion: Board Member Alt made a motion to approve the request. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. All business being concluded, the meeting was adjourned at 4:45p.m.