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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.