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HomeMy WebLinkAbout2011-10-03 MinutesBoard of Adjustment Meeting October 3, 2011 Page 1 of 12 MINUTES OF THE BOARD OF ADJUSTMENT A rescheduled meeting of the Board of Adjustment was held on October 3, 2011 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED MINUTES: September 12, 2011 Page 2 New Business: ACTION TAKEN Approved BOA 11-3950 (Intersection of Mt. Comfort & Oakland Ave./Oakland Courts, 405) Page 3 Approved BOA 11-3951 (629 S. Block Ave./Hamaker, 523) Approved Page 4 BOA 11-3952 (524 N. College Ave./Smith Two Way Radio, 446)Approved Page 5 BOA 11-3953 (510 W. 111H ST. & 989 S. School Ave./Campus Crest, 562) Page 6 Approved BOA 11-3954 (133 & 135 E. Conner St./Thomas, 485) Approved Page 7 BOA 11-3956 (402 W. Ila St./Head, 445) Approved Page 8 BOA 11-3957 (3914 S. Sally Pl./Mota, 755) Approved Page 9 ADM 11-3938: Administrative Item (UDC CHAPTER 164.12) Forwarded Page 10 BOA 11-3955 (221 W. South St./Sharp, 523) Approved Page 11 Board of Adjustment Meeting October 3, 2011 Page 2 of 12 MEMBERS ABSENT Sheree Alt Robert Kohler Kristen Knight Evan Niehues Jeff Hagers Matthew Hoffman STAFF PRESENT Andrew Garner Jesse Fulcher Data Sanders Jason Kelley Board of Adjustment Chair Sheree Alt called the meeting to order at 3:45 PM. Board of Adjustment Meeting October 3, 2011 Page 3 of 12 Approval of the minutes from the September 12, 2011 Board of Adjustment meeting. Motion• Board Member Kohler made a motion to approve the September 12, 2011 Meeting Minutes. Board Member Kinght seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Board of Adjustment Meeting October 3, 2011 Page 4 of 12 BOA 11-3950 (Intersection of Mt. Comfort & Oakland Ave./Oakland Courts, 405): Submitted by Community By Design for property located at the intersection of MOUNT COMFORT ROAD AND OAKLAND AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 1.75 acres. The request is for a variance of the minimum buildable street frontage requirement for a new development. Dara Sanders, Current Planner, gave the staff report. Board Member Kohler asked about counting frontage building C Sanders, building c doesn't front Mt. Comfort, Andrew Garner, Senior Planner, stated there is a house between the building and Mt. Comfort that doesn't show up on the survey. Not a part of this development. Robert Sharp, applicant, discussed the scope of the project and reasons for variance request. Board Member Knight asked if the variances were for buildings A and B only. Sanders clarified each of the four variance requests. No public comment was presented. Motion: Board Member Hagers made a motion to approve the request as recommended by staff. Board Member Neihnes seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment Meeting October 3, 2011 Page 5 of 12 BOA 11-3951 (629 S. Block Ave./Hamaker, 523): Submitted by Chris Hamaker for property located at 629 SOUTH BLOCK AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.15 acre. The request is for a variance from the lot area requirements to divide the subject property into two tracts. Andrew Garner, Senior Planner, gave the staff report. Board Member Kohler asked about the proposed lot size. Garner stated that the lot size was comparable with other lots in the vicinity. Public Comment: Rob Sharp stated that this applicant has built a very nice house in this neighborhood and expressed support for the request. No more public comment was presented. Board Member Hagers asked if staff received any public comment. Garner answered `no'. Motion: Board Member Kohler 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 5-0-0. Board of Adjustment Meeting October 3, 2011 Page 6 of 12 BOA 11-3952 (524 N. College Ave./Smith Two Way Radio, 446): Submitted by Smith Two Way Radio for property located at 524 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.26 acre. The request is for a variance from the front building setback to bring the existing nonconforming building into compliance. Dara Sanders, Current Planner, gave the staff report. Dave Reynolds, applicant, purchased this property next to our main office and are wanting to remodel it. No public comment was presented. Board Member Neihues stated that this was an existing situation. 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 5-0-0. Board of Adjustment Meeting October 3, 2011 Page 7 of 12 BOA 11-3953 (510 W. 11TH ST. & 989 S. School Ave./Campus Crest, 562): Submitted by Morrison Shipley Engineers, Inc. for properties located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The properties are zoned CS, COMMUNITY SERVICES and contain seven parcels totaling approximately 12.16 acres. The request is for a variance of the minimum buildable street frontage in the Community Services zoning district. Jesse Fulcher, Current Planner, gave the staff report. Board Member Neihues asked if staff was amending the build -to zone requirements. Fulcher stated that staff was researching some possible amendments. Heather Robason, applicant, described the request and project concept. Richard Tiffany, neighbor, stated that he didn't receive notification of the rezoning application that was approved earlier in the year, has concerns with drainage and additional traffic, especially vehicles turning onto Martin Luther King from Government Avenue. Fulcher the developer will have to address issues with drainage and traffic impact when the development is submitted. Street improvements along the property frontage will be required, and we are evaluating the installation of a turn lane at Government and MLK. Andrew Garner, Senior Planner notification will be required for the Large Site Improvement Plan, and Mr. Tiffany will be notified of this development. Board Member Kohler, these comments are really related to the development and not this boards responsibility today. Pat Luper, neighbor, I don't want West and Dunn to be made speedways from this development. Marilyn Summers, neighbor, where will the entrances be? Board Member Kohler indicated the location of each entrance on the site plan. Motion: Board Member Knight 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 5-0-0. Board of Adjustment Meeting October 3, 2011 Page 8 of 12 BOA 11-3954 (133 & 135 E. Conner St./Thomas, 485): Submitted by Metro Marketing for property located at 133 &135 EAST CONNER STREET and 132 & 134 EAST SPRING STREET. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.39 acre. The request is for a variance from the minimum buildable street frontage and side building setback requirements to bring two existing structures into compliance and permit a lot split. Board Member Neihues stated that he would be recusing from this item and left the room. Andrew Garner, Senior Planner, gave the staff report. Board Member Kohler asked about Conner Street. Garner discussed that Conner Street provides access to this lot and is paved and the northern duplex is addressed on Conner, but it is not a dedicated public street. Steve Aust, applicant's representative, gave the background of the request and stated that it would nice to have the duplexes on separate lots. No public comment was presented. Motion: Board Member Kohler made a motion to approve the request as recommended by staff, also including approval of a side setback variance to bring the existing duplex at 133 and 135 Conner Street into compliance. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 4-0-1 (Neihues recused). Board of Adjustment Meeting October 3, 2011 Page 9 of 12 BOA 11-3956 (402 W. Ila St./Head, 445): Submitted by Albert Skiles for property located at 402 WEST ILA STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.32 acre. The request is for a variance from the minimum lot width requirements to divide the subject property into two tracts. Jesse Fulcher, Current Planner, gave the staff report. Albert Skiles, applicant, gave the background for the request. Melinda Clabinoff, neighbor, fully supports the request. Lyle Thompson, neighbor, supports the request. Judith Levine, neighbor, supports request for the lot split and variance. Carla "unknown," supports request. Frank Head, owner, just hoping to downsize next to their original home. Motion: Board Member Knight 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 5-0-0. Board of Adjustment Meeting October 3, 2011 Page 10 of 12 BOA 11-3957 (3914 S. Sally Pl./Mota, 755): Submitted by Salvador Mota for property located at 3914 SOUTH SALLY PLACE. The property is zoned R -A, RESIDENTIAL - AGRICULTURAL and contains approximately 0.38 acre. The request is for lot width, lot area, and side building setback variances to bring an existing nonconforming lot and structure into compliance and permit an expansion. Andrew Garner, Senior Planner, gave the staff report. Board Member Kohler asked about the nonconforming situation. Garner explained that the existing lot and home are nonconforming. Alexejandro Zomore, representative, and Salvador Mota, owner, were present to answer any questions. No public comment was presented. Motion: Board Member Hagers 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 5-0-0. Board of Adjustment Meeting October 3, 2011 Page 11 of 12 ADM 11-3938: Administrative Item (UDC CHAPTER 164.12): Submitted by CITY PLANNING STAFF. The proposal is to amend Chapter 164.12 Nonconforming Uses and Structures. Jesse Fulcher, Current Planner, gave the staff report. Board Member Kohler asked if the structures could be considered conforming. Fulcher stated that there will be a difference between existing nonconforming and illegally nonconforming. Board Member Hagers asked if there was an internal process to determine how the regulations would be applied to existing conditions. Fulcher described the process for evaluating nonconforming situations. Board Member Alt asked if setbacks were every changed for accessory structures. Fulcher stated that the setbacks had been reduced for smaller accessory structures. Motion: Board Member Knight made a motion to forward the request to City Council with a recommendation for approval. Board Member Hagers seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment Meeting October 3, 2011 Page 12 of 12 BOA 11-3955 (221 W. South St./Sharp, 523): Submitted by Rob Sharp for property located at 221 WEST SOUTH STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.21 acre. The request is for a variance of the minimum buildable street frontage requirements to permit the construction of a new single family residence. Dara Sanders, Current Planner, gave the staff report. Robert Sharp, applicant, provided background for the request. Board Member Kohler finds the applicants argument compelling. Board Member Hagers asked about the location of the parking area. Sharp stated that this was an existing condition on the property and wasn't changing. Motion: Board Member Kohler made a motion to approve the request as recommended by staff. Board Member Neihues seconded the motion. Upon roll call, the motion passed with a vote of 4-0-1 (Knight recused). There being no further business, the meeting was adjourned at 5:35 PM.