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HomeMy WebLinkAbout2013-01-07 MinutesBoard of Adjustment Meeting January 7, 2013 Page 1 of 7 MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on January 7, 2013 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ACTION TAKEN MINUTES: December 3, 2012 Approved Page 2 New Business: BOA 12-4289 (723 N. OAKLAND AVE./ROSEHILL, 444): Approved Page 3 BOA 12-4291 (11 S. DUNCAN AVE./WEST CENTER, 483): Page 4 Approved BOA 12-4290 (SOUTHWEST CORNER OF STORER AND EAGLE/SMITH, 444): Page 5 Approved MEMBERS ABSENT Bob Kohler Jeff Hagers Tim Stein Matthew Hoffman Kristen Knight Evan Niehues STAFFPRESENT Andrew Garner Jesse Fulcher Quin Thompson Jason Kelley The meeting was called to order at 3:45 PM. Upon roll call all members were present. Niehues arrived after approval of the minutes. Board of Adjustment Meeting January 7, 2013 Page 2 of 7 Approval of the minutes from the December 3, 2012 Board of Adjustment meeting. Motion• Board Member Knight made a motion to approve the December 3, 2012 Meeting Minutes. Board Member Stein seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Board of Adjustment Meeting January 7, 2013 Page 3 of 7 BOA 12-4289 (723 N. OAKLAND AVE./ROSEHILL, 444): Submitted by RICHIE LAMB for property located at 723 NORTH OAKLAND AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and contains approximately 0. 16 acres. The request is for a variance of the rear setback requirement. Quin Thompson gave the staff report. Chairman Kohler asked if the alley behind the property could not be used for access so that the house might be moved east out of the setback. Richie Lamb, applicant, replied that he had explored that option, but that topography and existing buildings built in the setback made it impractical. He indicated that he had spoken with a neighbor to the south in an attempt to gain easement, but that the conversation had not been productive. Mandy Bunch, applicant's representative, discussed her previous experience with development attempts on this property, stating that in her professional opinion the alley is not suitable for access due to topography. Matthew Hoffman, Boardmember, noted that the sketch provided by the applicant showed the building in the side setback as well as the rear setback. Mr. Lamb said that this was an error, but that the location is beneficial to the tree, and asked if the Board would consider granting a three foot side setback variance in addition to the requested variance. Mr. Kohler said that the side setback variance did not seem to be necessary, and could not be considered the minimum required to make the project work. Kristen Knight, Boardmember, asked how tall the building would be. Mr. Lamb said that final design drawings had not been completed, but that the buildings would be two-story. Public comment: Katharine Owen, adjacent property owner, stated that she had lived next door for 35 years, had seen multiple attempts to develop the property, and supported the current proposal because of the sensitive approach to the site and major tree at it's center. Julie Thacker, neighbor, spoke in support of the variance. Board of Adjustment Meeting January 7, 2013 Page 4 of 7 Motion: Board Member Knight made a motion to approve BOAl2-4289 as recommended by staff. Board Member Stein seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Board of Adjustment Meeting January 7, 2013 Page 5 of 7 BOA 12-4291 (11 S. DUNCAN AVEJWEST CENTER, 483): Submitted by JORGENSEN AND ASSOCIATES for property located at 11 SOUTH DUNCAN AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.12 acres. The request is for a variance of the building height requirements. Jesse Fulcher, Current Planner, read the staff report. Board Member Kohler stated that was difficult to straddle a building across two zoning districts and try to achieve architectural continuity. The building is just barely above the limit line. Chris Baribeau, applicant, stated that the back corner is approximately 6'8" above the limit. Board Member Niehues stated that this area is only about 20' wide. Board Member Stein stated that this is just a sliver of the deck. Board Member Niehues asked if the applicant was okay with the conditions. Baribeau stated yes. Board Member Hoffman asked what the development was next door. Fulcher stated that it was two 2 -story apartment buildings. Board Member Hoffman stated that the high school is to the south and apartments are next door; not concerned with the height variance. Board Member Kohler asked if the 6'8" extension was the highest above the limit. Baribeau stated yes. Public comment: Mark Pryor, neighbor, stated that he owned to the adjacent apartment buildings and wasn't concerned with the height variance. Blake Jorgensen, applicant, stated that he spoke with David Tate with Fayetteville Public Schools and they didn't object to the height variance. Board Member Kohler asked why a rezoning wasn't pursued. Mims stated that the southern two lots were purchased recently, after the original rezoning. Board of Adjustment Meeting January 7, 2013 Page 6 of 7 Motion• Board Member Niehues made a motion to approve BOA 12-4291 as requested by applicant. Board Member Hagers seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. Board of Adjustment Meeting January 7, 2013 Page 7 of 7 BOA 12-4290 (SOUTHWEST CORNER OF STORER AND EAGLE/SMITH, 444): Submitted by EVAN NIEHUES for property located at the SOUTHWEST CORNER OF EAGLE STREET AND STORER AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY 40 UNITS PER ACRE. The applicant requests a variance of the lot area to subdivide the parcel into two lots. Andrew Garner, Senior Planner, gave the staff report. Blake Jorgensen, applicant representative, discussed the original plan and issues with developing it. Board Member Kohler asked about the possibility of building a triplex. Johnny Smith, owner discussed previous development and cost of development and their desire to split the lot. Jason Kelley, Assistant City Attorney, indicated that he thought it would be okay for Evan Niehues to speak for the applicant even though Mr. Niehues was recusing from the item. Evan Niehues, applicant and board member discussed the background for the request, including the previous development approval and their desire for the current proposal. No public comment was presented. Motion: Board Member Knight made a motion to approve BOA 12-4290 as requested by the applicant. Board Member Hoffman seconded the motion. Upon roll call, the motion passed with a vote of 3-2-1, with Board Members Stein and Hagers voting no, and Board Member Niehues recusing. There being no further business, the meeting was adjourned at 5:15 PM.