Loading...
HomeMy WebLinkAbout2011-05-02 MinutesBoard of Adjustment Meeting May 2, 2011 Page 1 of 8 MINUTES OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on May 2, 2011 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: April 4, 2011 Approved Page 2 BOA 11-3798 (3311 N. College Avenue, 213) Approved Page 3 BOA 11-3795 (6855 W. Wedington, 434) No action Page 4 BOA 11-3821 (420 E. Lafayette, 485) Denied Page 5 BOA 11-3822 (237 S. Ray Avenue, 526) Approved Page 7 BOA 11-3823 (362 N. Fletcher, 485) Approved Page 7 MEMBERS PRESENT MEMBERS ABSENT Sheree Alt Steven Bandy Robert Kohler Kristen Knight Evan Niehues Jeff Hagers STAFF PRESENT STAFF ABSENT Jesse Fulcher Andrew Garner Data Sanders Jason Kelley Jeremy Pate Board of Adjustment Meeting May 2, 2011 Page 2 of 8 Board of Adjustment Chair Bob Kohler called the meeting to order at 4:00 PM. Approval of the minutes from the April 4, 2011 Board of Adjustment meeting. Motion• Board Member Knight made a motion to approve the April 4, 2011 Meeting Minutes. Board Member Hagers seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. Board of Adjustment Meeting May 2, 2011 Page 3 of 8 Old Business: 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. Bob Kelly, representative, discussed the parking ratio requirement and reduction as a result of the canopy. David Swain, representative, discussed the background of the project and discussed the findings in the staff report. Andrew Garner, Senior Planner, discussed staffs position and explained that the canopy does not decrease the viability of the site to accommodate the existing uses and that staff finds the canopy can be provided in another location, which would allow for the business to retain franchising rights. Board Member Kohler discussed need versus want. Board Member Knight and the applicants discussed the parking issue. Board Member Hagers and the applicants discussed the parking lot circulation and the alternative locations for the canopy as identified by staff. Kit Williams, City Attorney, stated that the reason for the front setback requirement in zoning is to protect property owners. He stated that the applicant owns the property across the street. No public comment was presented. Motion: Board Member Neihues made a motion to approve the request as recommended by staff. Board Member Hagers seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. Board of Adjustment Meeting May 2, 2011 Page 4 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, gave an update on the status of this application, discussing that the applicant is still working with staff to modify their request so the request may be able to be heard by the board. Public Comment: Billy Prater, adjacent property owner, commented that he objects to the mobile home that has been installed on this site. No more public comment was presented. Jason Kelley, Assistant City Attorney, discussed that the Board's bylaws state that if the applicant is not present that the board cannot table the request a second time. No action was taken by the Board on this item. Board of Adjustment Meeting May 2, 2011 Page 5 of 8 BOA 11-3821 (420 East LafayettefMihalevich, 485): Submitted by KATIE MIHALEVICH for property located at 420 EAST LAFAYETTE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0. 16 acres. The request is for a variance of the rear and side setbacks to allow for the construction of a new carport and shed. Jesse Fulcher, Current Planner, gave the staff report. Katie Mihalevich, applicant, described the request and the reasoning for the design. Board Member Kohler asked why staff was supportive of the side setback variance. Fulcher explained that staff found certain hardships which supported a side setback variance. Mihalevich stated that the carport was open on three sides. Board Member Knight asked if the building was too close to the neighbors garage. Mihalevich stated that she had spoken with the Building Official and that the location was permissible with certain construction standards. Board Member Hagers asked why the height was being requested. Mihalevich stated that the height was necessary for the structure to fit in architecturally with the neighborhood. Kohler asked the applicant wanted to proceed with the request as submitted, or modify the requested variances. Mihalevich stated that the shed could be reduced in size, but if her only option is to proceed as requested, or as staff recommended, she would stick with her original request. Jason Kelley (Assistant City Attorney) and the board discussed what they could vote on. No public comment was presented. Motion #1: Board Member Knight made a motion to approve the request as recommended by staff. Knight withdrew the motion. Motion #2: Board Member Hagers made a motion to approve the request as requested by the Board of Adjustment Meeting May 2, 2011 Page 6 of 8 applicant. Board Member Niehues seconded the motion. Upon roll call, the motion failed with a vote of 1-3-0 with Board Member Niehues voting no. Board of Adjustment Meeting May 2, 2011 Page 7 of 8 BOA 11-3822 (237 South Ray Avenue/Pixley, 526): Submitted by BATES AND ASSOCIATES for property located at 237 SOUTH RAY AVENUE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 0.15 acres. The request is for a variance from the front and side setback requirements. Dara Sanders, Current Planner, gave the staff report. Board Member Kohler stated that staff did everything possible to resolve the violation. Stacy Pixley, property owner, wasn't aware of many of the issues and discussed the history of her property. Board Member Kohler asked if the applicant is okay with the conditions of approval. Derrick Thomas, representative, stated that the applicant wanted to keep the deck that encroached into the entire setback and over the property line to the north. No public comment was presented. Motion: Board Member Niehues made a motion to approve request. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. Board of Adjustment Meeting May 2, 2011 Page 8 of 8 BOA 11-3823 (362 North Fletcher/Ervin, 485): Submitted by JACK ERVIN for property located at 362 NORTH FLETCHER. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.50 acres. The request is for a variance from the front (north) setback requirement to allow of the construction of a new garage. Jesse Fulcher, Current Planner, gave the staff report. Jack Ervin stated that the current garage only had room for one car, and the setbacks were challenging since he was a corner lot with two front setbacks. Justin Minkel, neighbor, stated that he supported the variance request. Ervin stated that he would not build the garage if the location shown by staff as a viable alternative to the variance. Board Member Kohler stated that the retaining wall limits the area available to located the garage. Board Member Knight asked staff about the right-of-way requirements and future sidewalk construction for Crescent Drive. Fulcher stated that the right-of-way was 21.5' from centerline and that a sidewalk would be built between the existing fence and street. Motion: Board Member Niehues made a motion to approve the request. Board Member Hagers seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. There being no further business, the meeting was adjourned at 5:45 PM.