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HomeMy WebLinkAbout2011-02-07 MinutesBoard of Adjustment Meeting February 7, 2011 Page 1 of 5 MINUTES OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on February 7, 2011 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: January 3, 2011 Approved Page 2 BOA 10-3718 (3725 Monte Valle Manor, 100) Approved Page 3 BOA 10-3760 (1740 W. Crowne Drive, 598) Approved Page 4 MEMBERS PRESENT MEMBERS ABSENT Sheree Alt Steven Bandy Robert Kohler Kristen Knight Evan Niehues Nancy Firmin 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 February 7, 2011 Page 2 of 5 Approval of the minutes from the January 3, 2011 Board of Adjustment meeting. Motion: Commissioner Knight made a motion to approve the January 3, 2011 Meeting Minutes making a change to reflect that she was not in attendance. Commissioner Alt seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Board of Adjustment Meeting February 7, 2011 Page 3 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 recommending denial finding that there was no hardship or legal basis for the variance. Board Member Kohler asked if the work to lower the chimney has been done. Pat Molle, applicant, discussed that the work had not been done but that they had obtained estimates for the work. Board Member Kohler discussed that this board had approved similar cases as this in the past, and that these are new property buyers and were not the instigators of the violation. Board Member Knight asked if the City Building Safety Division had inspected the outdoor kitchen. Garner responded that, no, it had not been inspected. Board Member Alt discussed that there have been many cases where this board has approved variances for intrusions into the setbacks for overhangs and other issues. She felt okay with this request since it was the buyer requesting the variance and not the builder. Patt Molle, applicant, discussed that she represents the buyer and the seller. They were all surprised when the survey revealed the violation. She described the background of the construction of the outdoor kitchen and how the violation got to this point. Neighbors have been notified of the request and have not complained. Mrs. Waltman, applicant, discussed that they recently bought the house and stated that there were others in the neighborhood that have similar chimneys. No public comment was presented. Board Member Kohler asked about how the removal of a portion of the chimney would be enforced. Garner responded that if the board chose to approve the variance, staff recommends some conditions of approval on page 4. Board of Adjustment Meeting February 7, 2011 Page 4 of 5 Motion• Board Member Alt made a motion to approve the request as recommended by staff. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment Meeting February 7, 2011 Page 5 of 5 BOA 11-3760 (1740 W. Crowne Drive/Crowne at Razorback, 598): Submitted by GREGORY JONES for property located at 1740 WEST CROWNE DRIVE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS/ACRE and contains approximately 25.65 acres. The request is for a variance of the build -to zone and minimum buildable street frontage to bring existing non- conforming buildings into compliance. Dara Sanders, Current Planner, gave the staff report. Greg Jones, Applicant, described the project background and explained that the request is a result of financing reasons. Jason Kelley, Assistant City Attorney, discussed the legal implications of the financing issue in terms of insurance and collateral. No public comment was presented. Motion: Board Member Knight 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. All business being concluded, the meeting was adjourned at 4:75 p.m.