HomeMy WebLinkAbout2012-06-04 - Agendas •
Tae;ile
ARKANSAS
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone: (479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
MONDAY, JUNE 4, 2012 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the May 7, 2012 meeting.
New Business:
2. BOA 12-4131 (397 E. Dogwood Ave./Lewis, 485): Submitted by STACEY PARK for property
located at 397 EAST DOGWOOD AVENUE. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.24 acre. The request is for a
variance from setback requirements to allow for the construction of a new garage.
Planner: Quin Thompson
3. ADM 12-4133: Administrative Item (BOARD OF ADJUSTMENT BYLAWS): Submitted
by CITY PLANNING STAFF to amend the bylaws of the Board of Adjustment to reduce the number
of required members from seven to five. Planner: Andrew Garner
All interested parties may appear and be heard at the public hearings. A copy of the proposed
amendments and other pertinent data are open and available for inspection in the office of City
Planning(479-575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are
invited to review the petitions. Interpreters or TDD (Telecommunication Device for the Deaf) are
available for all public hearings; 72 hour notice is required. For further information or to request an
interpreter,please call 479-575-8330.
•
Taye evl e
ARKANSAS
ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of Request—Applicant
D. Public Comment
E. Response to Comment/Discussion and Questions by the Board
F. Action of the Board (Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Adjustment on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after the staff and applicant
presentations. Public comment will only be permitted during this part of the hearing for
each item.
Once the Chairman recognizes you, stand and give your name and address. Address your
comments to the Chairman, who is the presiding officer. After all public comments have
been heard, the Chairman will direct your comments to the appropriate appointed official,
staff member or others for response. Please keep your comments brief, to the point, and
relevant to the agenda item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Board of Adjustment.
2012 Board of Adjustment Members
Robert Kohler (Chairman)
Jeff Hagers
Evan Niehues
Kristen Knight
Tim Stein
Matthew Hoffman
Page ] of 3
MINUTES OF THE
BOARD OF ADJUSTMENT
A meeting of the Board of Adjustment was held on May 7, 2012 at 3:45 p.m. in Room
111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: April 2, 2012 Approved
Page 2
New Business:
BOA 12-4111 (4944 W. Persimmon, 437)
Page 3 Approved
MEMBERS PRESENT MEMBERS ABSENT
Robert Kohler Jeff Hagers
Kristen Knight
Evan Niehues
Tim Stein
Matthew Hoffman
STAFF PRESENT
Andrew Garner
Quin Thompson
Jason Kelley
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
Board of Adjustment
June 4,2012
Agenda Item 1
05-07-2012 Minutes
Page 1 of 4
Page 2 of 3
Approval of the minutes from the April 2, 2012 Board of Adjustment meeting.
Motion•
Board Member Knight made a motion to approve the April 2, 2012 Meeting Minutes.
Board Member Stein seconded the motion. Upon roll call the motion passed with a
vote of 5-0-0.
Board of Adjustment
June 4,2012
Agenda Item 1
05-07-2012 Minutes
Page 2 of 4
Board of Adjustment Meeting
May 7, 2012
Page 3 of 3
BOA 12-4111 (4944 W. PERSIMMON ST./LHC FELLOWSHIP, 437): Submitted by
JORGENSEN AND ASSOCIATES for properties located at 4944 WEST PERSIMMON
STREET. The property is zoned R-A, RESIDENTIAL AGRICULTRIAL and contains
approximately 3.99 acres. The request is for a variance from the lot area and lot width
requirements to allow the property to be split into two tracts.
Andrew Garner, Senior Planner gave the staff report.
Dave Jorgensen, applicant, was present for any questions
Board Member Kohler asked about the shape of the lots and the lot width variance.
Dave Jorgensen, applicant, discussed the reasons for the lot line location and that they
could potentially angle the line.
Board Member Knight discussed that Tract B should be larger because it was
constrained by a floodplain.
Dave Jorgensen, applicant, discussed the slope of the lot to the west and the sewer
connection.
Board Member Niehues discussed that it is logical to have a straight lot line as
proposed.
Board Member Knight discussed that because of the floodplain on that one tract she
viewed it as a hardship.
Board Member Kohler discussed the various options and the requirement for a hardship
for the variances and that we shouldn't be giving variances unless they are needed.
Motion #1 (Lot Area):
Board Member Niehues made a motion to approve the lot area variance as
recommended by staff. Board Member Stein seconded the motion. Upon roll call, the
motion passed with a vote of 5-0-0.
Motion #2 (Lot Width):
Board Member Knight made a motion to approve the lot width variance as
recommended by staff. Board Member Stein seconded the motion. Upon roll call, the
motion was denied with a vote of 2-3-0.
There being no further business, the meeting was adjourned at 4:30 PM.
Board of Adjustment
June 4,2012
Agenda Item 1
05-07-2012 Minutes
Page 3 of 4
Board of Adjustment
June 4,2012
Agenda Item 1
05-07-2012 Minutes
Page 4 of 4
•
Tay�et BOA Meeting of June 04, 2012
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Board of Adjustment
FROM: Quin Thompson, Associate Planner
THRU: Jeremy Pate, Director of Development Services
DATE: May 31, 2012
BOA 12-4131 (DOGWOOD,485): Submitted by Stacey Park for property located at 397
Dogwood Lane. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and
contains approximately 0.24 acres. The request is for a 6' front setback (a 9' variance) in order
to construct a new addition with a two car garage.
Property Owner: Aaron and Michelle Lewis
Planner: Quin Thompson
BACKGROUND:
January, February, and March 2007 BOA Meetings: This item has been on the Board of
Adjustment agenda at the last three meetings. It was tabled at the January and February
meetings, and denied at the March BOA meeting. The BOA denied the variance in March 2007
stating agreement with staffs findings that the requested variance was not a result of hardship or
special conditions on the property, but a result of convenience for the applicant. The applicant
has revised the request slightly by reducing the size of the proposed shop from 600 square feet to
480 square feet and by moving the proposed structure 4' to the west. The modifications have
reduced the rear setback variance request from 8' to 4'. Staffs findings as stated in the previous
three reports for this item have not changed in review of the new proposal. Staff has discussed
the BOA's suggestion to the applicant from the March 2007 meeting that the structure be turned
perpendicular to avoid having to obtain a variance. The applicants indicated that they would
continue to request the variance as proposed.
Property description: The subject property is located at 397 Dogwood Lane. It is a .024 acre lot
located within the RSF-4 zoning district and was platted and developed in compliance with the
requirements of this zoning district. Dogwood Lane is located on Mount Sequoyah and is within
the Hilltop/Hillside Overlay District. A 1,196 square foot house was constructed in 1966
compliant with all required building setbacks.
Proposal: As shown in Table 1, the request is for a 6' front building setback for a new 1,896
square foot addition where a 15' setback is required (a 9' variance).
Board of Adjustment
June 4,2012
Agenda Item 2
BOAl2-4131
Page 1 of 8
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Rear Setback(HHOD) 15' 6' (an 9' variance)
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use Zoning
North, South, East, and West Single family detached RSF-4, Residential Single-Family —
dwellings 4 units/acre
GENERAL PLAN DESIGNATION: Residential
RECOMMENDATION:
Staff recommends denial of the requested front setback variance based on the findings
herein.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: Approved Denied
Motion:
Second:
Vote:
Date: June 04, 2012
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Board of Adjustment
June 4,2012
Agenda Item 2
BOAl2-4131
Page 2 of 8
Finding: Special conditions do not exist for this property related to the front building
setback. As a whole, the lot is of sufficient width and area to allow the
construction of a single family dwelling, which has occurred. That the owner
wants to construct a new 1,859 square foot addition is not a special condition
of the property. Should other new development be proposed in the same
district or on the same street, it would be required to conform to the 15' front
setback requirement as does the subject property. To grant a variance for
encroachment of a new nonconforming addition on this lot would not be
consistent with the intent of the City's zoning regulations to prevent and
discourage nonconforming uses and structures (Fayetteville UDC 164.12).
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations related to front building setback
would not deprive the applicant of rights enjoyed by other properties in the
same district. This property has been utilized for single-family use for 46
years and can continue to be enjoyed in its current condition. In staff
opinion, there is ample room to construct and addition to this home within
the building setbacks. Staff would recommend that the current owner modify
the location and/or size of the addition to comply with the requirements of
the RSF-4 zoning district.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The requested variance is a result of the applicant's desire to construct a new
addition that would encroach within the building setback. Staff does not find
that the shape and/or size of the lot, or topography, or any other issues
presented in the applicant's request are a special circumstance particular to
this lot which would necessitate the need for a variance.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: Granting the requested front building setback variance would confer special
privileges on the applicant. There is not a special condition or circumstance
that exists in this case that would be required for a variance of the front
building setback compared to other lots in the district in a similar condition.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or nonconforming use of lands,
structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
Board of Adjustment
June 4,2012
Agenda Item 2
BOAl2-4131
Page 3 of 8
Finding: No existing nonconformities or other nonconformities were considered as a
basis of the findings stated in this staff report.
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday, June 4, 2012.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify
the granting of the variance, and that the variance is the minimum variance
that will make possible the reasonable use of the land, building, or
structure.
Finding: The requested front setback variance is not justified by the reasons set forth
in the application. The applicant can still make reasonable use of the lot
while complying with the required setbacks. There is adequate space for the
applicant to construct covered parking or an addition to the existing home
and still meet all required setbacks, or continue utilizing the existing dwelling
that meets ordinance requirements. There is a distance of approximately 24'
between the existing home and the building setback.
b. Harmony with General Purpose. The Board of Adjustment shall further
make a finding that the granting of the variance will be in harmony
with the general purpose and intent of Zoning, Chapters 160-165, and will
not be injurious to the neighborhood, or otherwise detrimental to the
public welfare.
Finding: Granting the front setback variance would not be in harmony with the
general purpose and intent of zoning regulations that discourages creating
nonconforming structures. Also see Findings No. 1, 2, 3, and 3.a.
C. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations.
Finding: Staff has recommended denial of the requested variance.
Should the Board of Adjustment choose to grant the request, staff
recommends the following conditions of approval:
Board of Adjustment
June 4,2012
Agenda Item 2
BOAl2-4131
Page 4 of 8
1. Any new development shall comply with all zoning development regulations
including building setbacks, except those varied by the Board of Adjustment
and/or shown on the attached site plan.
2. A building permit shall be obtained prior to commencement of any
construction. All existing structures, easements and utilities shall be located on
the site plan submitted for building permit consideration.
3. Development on the property shall comply with all requirements specified in the
Hillside/Hilltop Overlay District.
4. UDC Section 172.11(G)(3) requiresl8 feet of driveway between the R.O.W. and
garage. This requirement will remain should the building setback variance be
granted.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under Zoning
in the district involved, or any use expressly or by implication prohibited
by the terms of the zoning regulations in said district.
Finding: The proposed use is for an addition to a single family residence, a use
permitted by right in the RSF-4 zoning district.
Board of Adjustment
June 4,2012
Agenda Item 2
BOAl2-4131
Page 5 of 8
City of Fayetteville Unified Development Code
161.07 District RSF-4,Residential Single-Family—Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments,as well as to protect existing development of these types.
(B) Uses.
1 Permitted uses.
Unit I I Cit -wide uses by right
11 Unit 8 1 Sin le-famil dwellin
2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public rotection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications facilities
C Density.
Single-family Two-family
dwellin s dwellings
Units per acre 1 4 or less 7 or less
D Bulk and area regulations.
Single-family Two-family
dwellings dwellings
Lot minimum width 70 ft. 80 ft.
Lot area minimum 8,000 sq.ft. 12,000 sq.ft.
Land area per 8,000 sq.ft. 6,000 sq.ft.
dwelling unit
Hillside Overlay 60 ft. 70 ft.
District Lot minimum
width
Hillside Overlay 8,000 sq.ft. 12,000 sq.ft.
District Lot area
minimum
Land area per 8,000 sq.ft. 6,000 sq.ft.
dwelling unit
E) Setback requirements.
FRONT SIDE
25 REAR
ft. 8 ft. 20 ft.
HOD Front I HOD Side IHOD Rear
15 ft. 1 5 ft. 115 ft.
(F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure
may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission.
Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming
uses.
(G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot.
(Code 1991,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4858,4-18-06)
G:IETODevelopment Services Review120121Development Reviewg2-4131 BOA 397E.Dogwood Ln(Lewis)103 BOA 106-014oard of Adjustment
20UCommeno,and RedlineSIBOA 12-4131(Dogwood).doc June 4,2012
Agenda Item 2
BOAl2-4131
Page 6 of 8
BOM 2-4131 LEWIS
Close Up View
F1
RMF-24
04
RMF4
SUBJECT PROPERTY
LAFAYETTE ST
w
a
o!
w
x
U
F
U1
J
LL
RSF.4
Iti-Use Trail (Existing)
ture Trails
p1e,1,;,,,City of Fayetteville
M BOAl2-4131
— Hillside-Hilltop Overlay District
Design Overlay Di 3trict
Design Overlay Di trict
0 37.5 75 150 225 300 Board of Adjustment
------ Planning Area Fee,
June 4,2012
Age da ite 2
BOAl2-4131
Page 7 of 8
BOAl2-4131 LEWIS
One Mile View
CS .G FRS RSF
- RSFdTi1'F'. I Nr0
RSFd RSFA P- , RSFFd RSF 4
0
U RS Q _ M
c-2 VIN ST z m Q
aS RSF4 00 HA
BIRWIN RSF4 W ' - O R
w EMO +4 _ Pn
SFi Q A - R RSF-0 y 4RSF
pt
HOLLY ST W' 'Pi N hOP SF U
1-1 RMFB W L '-0^•
R F,
P RICALN RSF-0 9120 _p O FS/`
RSFd RSF O YRSF4M 1 �O RSF4
p3Fd} RSF-4 RSF
RSFd W
.1 RMF-2AO T RSF1 W R'C r R-0
ADA ST W v < R R-0 L ESIDE
HARSFd RSF4 Q W �RSFd C-1 F48AXT RSFd D
WTHO ST Y J Q R IAC
,,.g RSF u Q 2 RSF-0 RN ST y kS "' R
R 4 RSF4 RSF4 RSF49 RSF-0 RSF-0 RSF4 Or AOr
ROSPECT srP1 pRpSPEcrR 'ft3F-0 PROSPECTST SUBJECT PROPERTY
RSFd RSF4 RSFd RSF-0
F. �RA R-O RA CA ST W
> R d Q .•..
K.ZaZ� LDUI.SE ST RMF-24 2 -y RSF4 W M1 RSF Z
!q RSFd RSF-0 RSF-0 C
'y RSF-0 WbN ST RSF-0 -i W
a• IIA ST a F } RSFdp 0 J RS
� RSFd RSFd RSFd 'V{ E-Y$19 RSF-4 } Q
' Rlr•J! W RSFd 0,41 .$k5F-0 RSFdj RSFd I RSF
MAPLE ST
MSL RSFd
O IMSC RSFd RSFd RSF4 RSFd F-2
?e Z LAENYE1 �^—row__ Fe F8
Q MSG RSF4 WZD
J JJ RSFd
MSC �MSU�MSRSFd SUTTON ST RSF
MSC SCWMSC M SC MSC z. I' RSFd RSFd
DIC N ST _ d f.
F MSC MS MSCI R{f
W Msc SL MSc
MSG MSc Msc y A�S'1 HIRED
ONNERS RM
Mascw Mc SPRING ST Fz4wlr-z4 SF-0 PL
MSL aMSC N W RMF24 -
ASL C RMF-24RMF-4 RMF l
'C2NW—R Ms o-� CENr1ER ST RSF PI L LNK
crta .�.�J �y-
m ugNTAIN STAl •••
MSC I .........:..........
MSC K-ST WAF-20< EY 47
LM-1' Q
C
P1
WR Q D
1-1 y iii P4
y1 M$[, RSFd RSF -
14 R-0 MSM F p/11
T MSc
.y MSC H S T qui Stir%IF-4
MSC M3C MSC
MSC
s rail
• ; MSL .\ - M �$4 y�Q Z(� RSFd
MF;2J"i: .P-0 F-24 -LJSeT Fd Stog)F44
MF-24 -0 SFd� R-0... �a�5{.. > W
•I P 1•: RMF-10 R'ABd4"d FULUI Q-iTr C qP-1 } U' R�■I2
.'SP1 " -1... RSFdCq OhMF-211
Mf�24 P-1 Rv SMF-24 RMF-14 O RMF-14 R0
Id
Overview Legend BO 111002.-4131
Subject Property -----
�' , I
BOAl2-4131 Desi n Overlay District
���
`` Boundary _ _ Plan iing Area
' _ Fay tteville
'4 ' 0 0.25 0.5 1
M IeSBoard of Adjustment
June 4,2012
Agenda Item 2
BOAl2-4131
Page 8 of 8
Tayve"4*4t
��41
"`flKA i
A5 5e BOA Meeting of June 04, 2012
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Fayetteville Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Development Services
DATE: May 30, 2012
Board of Adjustment Bylaw Amendment: An amendment proposed by Planning staff to revise
the number of board members from seven to five and clarify the number of members that
constitute a quorum. Planner: Andrew Garner
Discussion:
Over the past several years the City has had difficulty obtaining new members for the Board of
Adjustment. This board has frequently operated with a fewer number of appointees than required
due to lack of applications. This has resulted in difficulty in making quorum at meetings. Staff's
opinion is that because this board meets only once a month, and deals with technical zoning
variances, there is a somewhat limited pool of volunteer applicants. Additionally, because of the
long term limits it is difficult to obtain volunteers that are willing to commit to a five-year term.
The proposed term limits would be consistent with the three-year limit for our planning
commission, and the reduced number of members should make it easier to have a fully appointed
Board of Adjustment.
On May 15, 2012 the City Council amended Article XII of City Code to modify the number of
members and term limits for the Board of Adjustment to reduce the number of members from
seven to five, and the term limits from five years to three years.
Proposal:
Staff has drafted an amendment to the Board of Adjustment bylaws to be consistent with the
recent changes to Article XII of City Code clarifying that the number of members is now five,
and a quorum is now three.
Recommendation:
Amendments to the Board of Adjustment bylaws are required to be presented in writing and
approved by a two-thirds majority vote of the Board members. Staff recommends these
amendments be approved.
K:IPlanning Commission,BOA,&Hisloric Dis0a Commissio 1bylaws and Rule.0BOA bylaws12012 Bylaws Amendment
Board of Adjustment
June 4,2012
Agenda Item 3
ADM12-4133
Page 1 of 6
Board of Adjustment Action: ❑ Approved ❑ Denied ❑ Tabled
Motion:
Second:
Vote:
Meeting Date: June 04, 2012
Notes:
K:IPlanning Commission,BOA,&Historic District CommissionlBylaws and RulesTOA Bylaiesi2012 Bylaws Amendment
Board of Adjustment
June 4,2012
Agenda Item 3
ADM12-4133
Page 2 of 6
BOARD OF ADJUSTMENT
Fayetteville, Arkansas
Rules of Procedure and Regulations
I. Purpose. It is the purpose of these rules to set forth the procedure to be
followed at all Board of Adjustment meetings and to regulate enforcement
of conditional variances.
2. Ti1ne of Meetings. The Board shall meet on the first Monday of each
month in which variance applications or appeals have been filed. In the
event the first Monday is a City Holiday, the meeting shall move to the
second Monday. In addition, the Board may meet on call of the Chair,
or Temporary Chair when the Chair is absent.
3. Place of Meetings. Unless otherwise specified by the Chair, and unless
notice of a different meeting place is duly given with the notice of the
time of meeting, as provided in Chapter 157, Unified Development Code,
Board meetings shall be held at the Fayetteville City Administration
Building,
4. Records of Meetings. It is primarily the responsibility of the Board to
keep adequate records of its proceedings and actions. Although the
Board's minutes may be taken and filed by a member of the staff of the
City Planning Office, the minutes of each meeting shall be reviewed by the
Board and shall become the official, public record of the Board's
proceedings and actions when approved by a majority of the members
of the Board present at a regular meeting.
5. Quorum. A majority (4) W of the membership of the Board (:7� .M,
constitutes a quorum, and no action shall be taken by the Board, favoring
the applicant or appellant on either a request for zoning variance or an
appealof a decision of the Planning Administrator, unless a quorum is
present and unless a majority of the members present votes in favor of
applicant or appellant. An abstention shall not be construed as a vote. In the
event of failure of a quorum at any called or regularly scheduled meeting,
applications and appeals, to have been heard at that meeting, will be heard
at the next Board Meeting.
6. Election and Duties of Chair and Temporary Chair. A Chair shall be
elected each year for a one (1) year term at the first regularly scheduled
meeting of the Board after March I". Nominees shall be placed in
Board of Adjustment
June 4,2012
Agenda Item 3
ADM12-4133
Page 3 of 6
nomination and elected by a majority vote of those members present. To
be eligible for election as Chair, one must be a member of the Board with at
least one year remaining in one's membership term. It shall be the duty
of the Chair to conduct all meetings of the Board, to assure that adequate
records of the proceedings and actions of the Board are kept and to
represent the Board as may be appropriate in its external affairs. In the
absence of the Chair, from a meeting of the Board, or from the city at a
time when a Board meeting may be scheduled or becone necessary, the
most senior member present shall become Temporary Chair and shall call
and/or conduct the meeting during the absence of the Chair. Should the
office of Chair become vacant due to reasons other than normal termination
of the Chair's term of office, an election shall be held at the first Board
meeting after the vacancy occurs.
7. Conduct of Meetings. The Chair, after dispensing with the Minutes of
the previous meeting, shall read the first Agenda item, and ask for the
Report of the Planning Staff, and their recommendations. The
applicant or appellant or his or her representative shall then be given
an opportunity to explain the written application or appeal previously filed,
and any other person present at the meeting shall be allowed to
comment for a reasonable period of time. Any member who intends
to abstain when the vote is taken shall make this fact known when the
Chair announces the agenda item and shall not participate in any aspect
related to that request. Any other member of the Board may question any
person who has spoken concerning the item. Applications and appeals shall
be called for hearing in the order presented on the Board's agenda
published by the Planning Division. Board meetings shall be open to any
person, and although comments from the applicant or appellant and others
who may be present will generally not be permitted during deliberation and
decision, the Chair may make discretionary exceptions to this rule.
8. Applicant or Representative to be Present. No application for
variance shall be voted upon by the Board unless the person who owns
the property to which the request pertains is present, or unless the Board is
satisfied that a representative of the owner, having the authority to commit
the owner to compliance with any conditions which may be imposed
concurrent with granting a variance, is present.
9. Actions which may be Taken. The Board may grant the variance or
appeal. The Board may deny the variance or appeal. The Board may
grant a variance which is different from that requested, as long as it is a
"lesser" variance, in the sense that the Board perceives it would be more
consistent with the provisions of the zoning ordinance and/or less affective
Board of Adjustment
2 June 4,2012
Agenda Item 3
ADM12-4133
Page 4 of 6
of the surrounding property than the variance requested. By majority vote,
the Board may delay public hearing and/or deliberation and decision of any
application or appeal until the next regularly scheduled meeting of the
Board. Any further delay must also be by a majority vote of the Board and
must be based upon the request of the appellant or applicant, either in
writing or by oral statement before the Board. In no case will decision of
an appeal or application be delayed beyond the second regular meeting after
the original meeting at which the appeal or application was considered.
10. Rehearing. The Board may permit rehearing of any application or appeal
upon a Motion To Reconsider made by any member who had voted with
the majority when the item was first considered. A majority of those
members present shall place the rehearing on the Agenda of the next
regular meeting of the Board, with the required renotification of all
interested parties.
11. Enforcement. The Zoning and Development Administrator will notify
Building Safety inspectors of any conditions required by the Board to be
met by one who has been issued a building permit allowing construction
upon property as to which a variance has been granted. Building
inspectors will, in turn, report any failure to comply with such
conditions, to the Zoning and Development Administrator and no
occupancy permit will be issued until the conditions have been met.
12. Amendment. The Rules of Procedure and Regulations of the Board of
Adjustment, Fayetteville, Arkansas, may be amended only after the
members of the Board have been notified in writing and by a 2/3
majority vote of the Board members.
These rules adopted by the Fayetteville
Board of Adjustment on the 20th day
of December, 1976, as amended:
09/20/1982 and 03/06/2006.
BGB D4GKET,
MODERT KOHLER, Chair
Board of Adjustment
3 June 4,2012
Agenda Item 3
ADM12-4133
Page 5 of 6
Board of Adjustment
June 4,2012
Agenda Item 3
ADM12-4133
Page 6 of 6