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HomeMy WebLinkAbout2011-04-04 MinutesBoard of Adjustment Meeting April 4, 2011 Page 1 of 8 MINUTES OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on April 4, 2011 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED MINUTES: February 7, 2011 Page 2 BOA 11-3796 (1849 South Garland, 599) Page 3 BOA 10-3797 (112 South Hill Avenue, 522) Page 4 BOA 10-3798 (3311 North College Avenue, 213) Page 5 BOA 10-3795 (6855 West Wedington, 434) Page 7 ACTION TAKEN Approved Approved Approved Tabled Tabled Election of a Chair for the Board of Adjustment for 2011 Sheree Alt Robert Kohler Kristen Knight Evan Niehues Jeff Hagers STAFFPRESENT Andrew Garner Data Sanders Jason Kelley MEMBERS ABSENT Steven Bandy STAFF ABSENT Jesse Fulcher Jeremy Pate Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. Board of Adjustment Meeting April 4, 2011 Page 2 of 8 Approval of the minutes from the February 7, 2011 Board of Adjustment meeting. Motion• Commissioner Knight made a motion to approve the February 7, 2011 Meeting Minutes making a change to modify BOA 11-3760 to show that this item was approved. Commissioner Alt seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Board of Adjustment Meeting April 4, 2011 Page 3 of 8 BOA 11-3796 (1849 South Garland Avenue/Curtis Skelton, 599): Submitted by CURTIS SKELTON for property located at 1849 SOUTH GARLAND AVENUE. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 4.38 acres. The request is for a variance from the front building setback to bring an existing nonconforming structure into compliance. Andrew Garner, Senior Planner, gave the staff report. Board Member Kohler stated that it was no fault of the applicant that this building is located in the setback. Morgan Hooker, applicant, discussed that he was available for questions. Board Member Kohler asked how much was the building encroaching into the right-of- way. Garner referred to the survey which indicated that the building encroaches into the right- of-way 4.1 feet. Board Member Knight asked if the variance would apply to a new building. Garner responded that, no, the variance approval was intended only to apply to the renovation of the existing building. Public Comment: Joe Robison asked about the reasons why this structure was nonconforming such as a new survey that is done differently. Garner responded that the adoption of the zoning code after the construction of this structure made the structure nonconforming. No more public comment was presented. Motion: Board Member Neihues made a motion to approve the request as recommended by staff. Board Member Knight seconded the motion with the change on condition #3 change the name from South Street to Garland Avenue. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment Meeting April 4, 2011 Page 4 of 8 BOA 11-3797 (112 South Hill Avenue/Hill Avenue Court, 522): Submitted by ROBERT SHARP ARCHITECT, INC. for property located at 112 SOUTH HILL AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and contains approximately 0.45 acres. The request is for a side building setback variance along the north side of the structure to bring an existing nonconforming structure into compliance and permit an expansion. Dara Sanders, Current Planner, gave the staff report. Rob Sharp, representative, discussed the site and the proposal. Public Comment: Joe Robison asked if the property lines were measured differently when Thomas Jefferson was surveying. Jason Kelly, Assistant City Attorney, discussed the history of surveying and advances in technology. No more public comment was presented. Motion: Board Member Alt made a motion to approve the request. Board Member Nieheus seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment Meeting April 4, 2011 Page 5 of 8 BOA 11-3798 (3311 North College Avenue/Lewis Brothers Automotive, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 3311 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.27 acres. The request is for a front building setback variance to allow construction of a canopy on the south side of the building. Dara Sanders, Current Planner, gave the staff report. Tommy Lewis, applicant, stated that Chrysler has required the canopy to continue the franchise at this location. Board Member Kohler asked the applicant's to speak to staffs findings. Bob Kelly, representative, stated that the owner doesn't want to remove the existing greenspace on the property. He thinks that the tree and canopy protect the view from the public right-of-way. Sanders clarified that staff did not recommend moving the existing greenspace but to extend it to the west to remove the six parking spaces, which would result in a setback reduction to 25 feet from the public right-of-way. The applicants and the Board Members discussed the proposal and potentially removing the existing greenspace. Board Member Kohler stated that he supported the applicant's request. Public Comment: Jim Guist stated that the Lewis family is some of the nicest people in the town, so their request should be approved. No more public comment was received. The applicants and the Board Members discussed impervious surface on the site. Board Member Hagers and the applicants discussed parking on the site. Board Member Kohler discussed the request again, stating that the applicant deserves parking spaces. Board Member Knight asked the applicant to describe the hardship to be considered, as it was not addressed in the letter submitted. The applicants discussed the literal interpretation of greenspace. Board Members and the applicants discussed the right-of-way on Longview. Board of Adjustment Meeting April 4, 2011 Page 6 of 8 Board Member Niehues stated that he would prefer to table the request to allow the applicant to provide staff with additional information. Kelly discussed the legal findings that must be made when considering a variance application, which do not include a person's character. Motion: Board Member Alt made a motion to table the request until the May 2, 2011 meeting. Board Member Hagers seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment Meeting April 4, 2011 Page 7 of 8 BOA 11-3795 (6855 West Wedington Drive/Lois Guist, 434): Submitted by LOIS GUIST for property located at 6855 WEST WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 2.23 acres. The request is for a lot width and lot area variance to bring a recently installed mobile home into compliance. Andrew Garner, Senior Planner, discussed that this item is required to be tabled because of some recent information that was presented to staff a few days before the meeting indicating that the Board is not able to approve the request. He recommended that because this item was advertised as being on this agenda that the Board allow public comment. Public Comment: Jim Guist, applicant, discussed the background for the installation of a trailer on their property. Bill Creider (sp?), an adjacent property owner, stated that the trailer is already there and set up. Public comment was closed. Motion: Board Member Alt made a motion to table the request until the May 2, 2011 meeting. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment Meeting April 4, 2011 Page 8 of 8 The Board elected Sheree Alt as Chair of the Board of Adjustment for 2011. There being no further business, the meeting was adjourned at 5:00 PM.