HomeMy WebLinkAbout2011-08-01 MinutesBoard of Adjustment Meeting
August 1, 2011
Page 1 of 6
MINUTES OF THE
BOARD OF ADJUSTMENT
A rescheduled meeting of the Board of Adjustment was held on August 1, 2011 at 3:45
p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED
MINUTES: July 11, 2011
Page 2
Old Business:
ACTION TAKEN
Approved
BOA 11-3874 (1705 N. Garland Avenue/Moldenhauer, 365) Approved
Page 3
BOA 11-3795 (6855 West Wedington Drive/Lois Guist, 434 Approved
Page 4
New Business:
BOA 11-3895 (434 W. Holly St./Millwee, 406) Approved
Page 6
MEMBERS ABSENT
Sheree Alt
Robert Kohler
Kristen Knight
Evan Niehues
Jeff Hagers
Matthew Hoffman
STAFFPRESENT
Dara Sanders
Jesse Fulcher
Jason Kelley
Board of Adjustment Chair Sheree Alt called the meeting to order at 3:45 PM.
Board of Adjustment Meeting
August 1, 2011
Page 2 of 6
Approval of the minutes from the July 11, 2011 Board of Adjustment meeting.
Motion•
Board Member Kohler made a motion to approve the July 11, 2011 Meeting Minutes.
Board Member Knight seconded the motion. Upon roll call the motion passed with a
vote of 6-0-0.
Board of Adjustment Meeting
August 1, 2011
Page 3 of 6
BOA 11-3874 (1705 N. Garland Avenue/Moldenhauer, 365): Submitted by BUCKLEY
BLEW for property located at 1705 NORTH GARLAND AVENUE. The property is zoned RSF-
4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.20
acres. The request is for a variance from the lot width requirements to recognize an existing
nonconforming lot of record.
Jesse Fulcher, Current Planner, gave the staff report.
Mike Sebo, applicant, had no further comment.
Board Member Knight, asked if there was anything developed on the southern lot.
Sebo stated no.
Board Member Kohler asked staff to explain why the lots couldn't be sold separately.
Fulcher, discussed nonconforming lots and combined lots.
Motion:
Board Member Neihues 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 6-0-0.
Board of Adjustment Meeting
August 1, 2011
Page 4 of 6
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 2.3 acres. The request is for a lot
width and lot area variance to bring a recently installed mobile home into compliance.
Dara Sanders, Current Planner, gave the staff report.
Board Members Kohler, Knight, and Alt discussed the surrounding land uses.
Jim Guist, applicant, discussed the history of his property, the personal conditions
requiring the additional dwelling, and his experience throughout the City's permitting
process.
Board Member Kohler asked if the applicant was involved in the condition of approval
requiring screening.
Mr. Guist said that he was not aware of the condition but was not opposed.
Board Member Kohler and Mr. Guist discussed the fence line and the way in which the
property lines were identified.
Board Member Kohler asked staff if bonding would be required for the screening.
Sanders stated that bonding was not listed in the conditions of approval.
Mr. Guist stated that he didn't think the screening requirement is unreasonable.
Board Member Hoffman and staff discussed the findings for hardship.
Public comment:
Bill Prater is the adjacent property owner to the west. He stated that there is not dispute
regarding the property line location. His problem is that the home wasn't installed in
compliance. He discussed the surrounding properties.
Board Member Kohler asked Mr. Prater to explain his problem with the request.
Mr. Prater discussed property values and the deteriorating conditions of mobile homes
in general.
No more public comment was presented.
Board Member Niehues agreed that the Guist's did not intentionally violate the zoning
regulations and agreed with the screening condition of approval.
Board Members Hoffman, Kohler, and Knight discussed condition of approval #1.
Board of Adjustment Meeting
August 1, 2011
Page 5 of 6
Commissioner Knight expressed opposition to condition of approval #1.
Commissioner Alt believed that some screening is appropriate.
Motion:
Board Member Niehues made a motion to approve the request and modifying condition
of approval #1 as follows:
In order to address the visual impacts of the mobile home and appearance of overall
increased density in the R -A zoning district associated with reduced lot width
and lot area, the applicant shall install an evergreen vegetative buffer to screen
the west and south sides of the mobile home from view of the adjacent property
owner. The buffer shall be planted as follows:
a. Provide a year-round evergreen vegetative screen of the west and
south sides of the mobile home.
b. Be provide least a 15 -feet -wide greenspace.
C. Be planted in an appropriate planting season, but no later than
December 1, 2011.
d. Be inspected by the Urban Forester and City Planning staff for
compliance with this condition.
e. Be a minimum of V caliper at the time of planting.
Board Member Hoffman seconded the motion. Upon roll call, the motion passed with
a vote of 6-0-0.
Board of Adjustment Meeting
August 1, 2011
Page 6 of 6
BOA 11-3895 (434 W. Holly St.fMillwee, 406): Submitted by Grace Millwee for property
located at 434 WEST HOLLY STREET. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.19 acre. The request is
for a variance from setback requirements to allow for the reconstruction of a garage.
Dara Sanders, Current Planner, gave the staff report.
Grace Milwee, applicant, gave the background for the request discussing the previous
garage footprint.
No public comment was presented.
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 Hoffman 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 5:07 PM.