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HomeMy WebLinkAbout2011-01-03 MinutesBoard of Adjustment Meeting January 3, 2011 Page 1 of 5 MINUTES OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on January 3, 2011 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: December 6, 2010 Approved Page 2 BOA 10-3730 (529 N. College, 445) Approved Page 3 BOA 10-3718 (3725 Monte Valle, 100) Tabled Page 4 BOA 10-3731 (727 North Storer, 444) Approved Page 5 MEMBERS ABSENT Sheree Alt Steven Bandy Robert Kohler Kristen Knight Evan Niehues Nancy Firmin STAFF PRESENT STAFF ABSENT Jesse Fulcher Andrew Garner Dara Sanders Jason Kelley Jeremy Pate Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. Board of Adjustment Meeting January 3, 2011 Page 2 of 5 Approval of the minutes from the December 6, 2010 Board of Adjustment meeting. Motion: Commissioner Alt made a motion to approve the December 6, 2010 Meeting Minutes. Commissioner Niehues seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Board of Adjustment Meeting January 3, 2011 Page 3 of 5 BOA 10-3730 (529 North College Avenue/Benjamin Merryman, 445): Submitted by WHITAKER PROPERTIES, LLLP. for property located at 529 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.48 acres. The request is for a variance from the front building setback to bring an existing nonconforming structure into compliance and permit an expansion. Andrew Garner, Senior Planner, gave the staff report. Board Member Kohler mentioned the two buildings across the street that have redeveloped recently. Benjamin Merryman, applicant, described the project and variance request. No public comment was presented. Motion: Board Member Bandy made a motion to approve the request as recommended by staff. Board Member Alt seconded the motion. Upon roll call, the motion passed with a vote of 4-0-1 (Firmin recused). Board of Adjustment Meeting January 3, 2011 Page 4 of 5 BOA 10-3718 (3725 Monte Valle Manor/Molle, 100): Submitted by PAT DACUS AND PAT MOLLE for property located at 3725 MONTE VALLO MANOR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS/ACRE and contains approximately 0.27 acres. The request is for a variance of the side and rear building setbacks for a newly constructed masonry and stone fire pit, chimney, and outdoor kitchen. Andrew Garner, Senior Planner, gave the staff report. Board Member Kohler asked about the structure being an accessory structure and the required building setbacks. Garner discussed the accessory structure ordinance and explained that in order for this to be considered an accessory structure it would need to be less than 10 feet high. Jason Kelley, Assistant City Attorney, discussed that legally a hardship is required in order to grant a variance. Ursula Wallman, Property Owner, clarified that there was not a stove in the structure. Board Member Kohler discussed different options for the applicant, including removing the height of the chimney and revising the request. Pat Dacus, Applicant, asked if the height of the chimney was height lowered, would the board look at it differently? Kohler stated that he would be in support of the request. Dacus asked if it would be likely to be approved. Kohler stated perhaps. Public comment: Todd Jacobs stated that he could provide the applicant with contacts to bid on the chimney height reduction. Motion: Board Member Alt made a motion to table the request indefinitely. Board Member Nieheus seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment Meeting January 3, 2011 Page 5 of 5 BOA 10-3731 (727 North Storer Avenue/Hopmann, 444): Submitted by APPIAN, INC. for property located at 727 NORTH STORER AVENUE. The property is zoned RMF -40, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.17 acres. The request is for a variance from the lot area requirement and the build -to zone requirement (front building setback) for development of new townhomes. Dara Sanders, Current Planner, gave the staff report. Todd Jacobs, applicant, discussed the Urban Design Standards for garages and stated that the standards are impossible to meet for this project. Board Member Kohler discussed the size of the units and design layouts. Sanders stated that the applicant has provided staff with alternative site layout concepts in which the build -to zone and Urban Design Standards would be met and indicating that the variance request was not the minimum variance necessary for the site layout submitted to the Board. Jacobs amended the variance request to five feet from the right-of-way line (a 5' variance). No public comment was presented. Motion 1• Board Member Bandy made a motion to approve the lot area variance request. Board Member Alt seconded the motion. Upon roll call, the motion passed with a vote of 4- 0-1 (Niehues recused). Motion 2• Board Member Bandy made a motion to approve the build -to zone variance request with conditions. Board Member Alt seconded the motion. Upon roll call, the motion passed with a vote of 4-0-1 (Niehues recused). All business being concluded, the meeting was adjourned at 510p.m.