Loading...
HomeMy WebLinkAbout2011-07-11 MinutesBoard of Adjustment Meeting July 11, 2011 Page 1 of 6 MINUTES OF THE BOARD OF ADJUSTMENT A rescheduled meeting of the Board of Adjustment was held on July 11, 2011 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: June 13, 2011 Approved Page 2 Old Business: BOA 11-3852 (793 E. Lighton Trail, 525) Approved Page 3 New Business: BOA 11-3875 (510 E. Huntsville, 524) Approved Page 5 BOA 11-3876 (1528 N. Garland, 405) Approved Page 6 MEMBERS ABSENT Sheree Alt Robert Kohler Kristen Knight Evan Niehues Jeff Hagers Matthew Hoffman STAFFPRESENT Andrew Gamer Dara Sanders Jason Kelley Board of Adjustment Chair Sheree Alt called the meeting to order at 3:45 PM. Board of Adjustment Meeting July 11, 2011 Page 2 of 6 Approval of the minutes from the June 13, 2011 Board of Adjustment meeting. Motion• Board Member Niehues made a motion to approve the June 13, 2011 Meeting Minutes. Board Member Kohler seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. Board Member Knight arrived after approval of the minutes. Board of Adjustment Meeting July 11, 2011 Page 3 of 6 BOA 11-3852 (793 East Lighton Trail/Thompson, 525): Submitted by COMMUNITY BY DESIGN for property located at 793 EAST LIGHTON TRAIL. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.26 acres. The request is for a variance from the lot area requirements to divide the subject property into two tracts and for a front building setback variance to bring the existing home into compliance. Andrew Garner, Senior Planner, gave the staff report. Brian Teague, applicant, discussed the reasons for the applicant's request. He described rock outcroppings, the house, and garden area. Kathy Thompson, property owner, discussed that the main reason she wants to do the lot split is to get a loan to build a second house. No public comment was presented. Board Member Kohler, asked why the property line could not be put on the south side of the rock cropping, which would be in keeping with the natural boundaries on the property and give adequate room to maintain the retaining wall. Brian Teague, applicant, explained their reasons for the proposed property lines and the natural features on the site. Kathy Thompson, property owner, discussed maintenance preference of certain areas of the property and her reasons for the proposed property line. Jason Kelley, Assistant City Attorney discussed that an access easement could prescribe maintenance of the retaining wall. Board Member Alt asked how much additional square footage would be gained if the lot line were brought over two feet. Brian Teague, applicant, did a calculation that would total 300 square feet. Board Member Kohler asked why none of the other east -west boundary was moved further south along the rock outcroppings. Brian Teague, applicant, discussed maintenance of the rock outcropping area. Board Member Hoffman asked if this was the historic boundary on the site. Brian Teague, applicant, answered that it was not a legal boundary but a natural boundary. Board of Adjustment Meeting July Il, 2011 Page 4 of 6 Motion #1 (Building Setback Variance): Board Member Kohler made a motion to approve the building setback variance to bring the home into compliance as recommended by staff. Board Member Hoffman seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. Motion #2 (Lot Area Variance): Board Member Kohler made a motion to approve the lot area variance as requested by the applicant with the condition of approval that an access and maintenance easement be provided on Tract B in order to provide adequate space and access rights for the property owner of Tract A to maintain the retaining wall that is along the property line. Board Member Hoffman seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board Member Hagers arrived after the approval of BOA 11-3852 Board of Adjustment Meeting July 11, 2011 Page 5 of 6 BOA 11-3875 (510 E. Huntsville Rd./Doede, 524): Submitted by LINDA DOEDE for property located at 510 EAST HUNTSVILLE ROAD. The property is zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and contains approximately 0.60 acres. The request is for a variance from setback requirements to allow for the construction of a new carport. Dara Sanders, Current Planner, gave the staff report. Linda Doede, applicant, discussed the details of her proposal. Board Member Kohler and staff discussed the circumstances that make it impossible to utilize the rear of the property for parking. No public comment was received. Motion: Board Member Knight made a motion to the request as recommended by staff. Board Member Niehues seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. Board of Adjustment Meeting July 11, 2011 Page 6 of 6 BOA 11-3876 (1528 N. Garland Avenue/Garland Townhomes, 405): Submitted by H2 ENGINEERING for property located at 1528 NORTH GARLAND AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.73 acres. The request is for a variance from the rear building setback to bring a partially built structure into compliance. Andrew Garner, Senior Planner, gave the staff report. Kipp Hearne, applicant, gave the background for the request discussing that they were the original engineer. He explained the reasons for the variance, that the encroachment is a total of six square feet. He discussed that the current owner is Henry Jordan. No public comment was presented. Jason Kelley, Assistant City Attorney, asked if the property lines could be adjusted resolve the building setback variance. Garner responded that yes, a property line adjustment could resolve the violation. Board Member Kohler asked if they were planning on installing a gutter. Kipp Hearne, applicant, stated `no'. Motion: Board Member Kohler made a motion to approve the request as proposed by the applicant, discussing that the applicant inherited an unforeseen situation with the building being constructed in the building setback. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. There being no further business, the meeting was adjourned at 4:30 PM.