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HomeMy WebLinkAbout2023-01-09 - Minutes -CITY OF FAYETTEVILLE ARKANSAS Board of Adjustment Meeting January 9, 2023 3:45 PM 113 W. Mountain, Room 219 MEETING MINUTES NOTE: The January 9, 2023 Board of Adjustment Meeting was held both in person and virtually. Members: Bill Finer (Chair), Lindsey Steiger -Muck, Erin Adkins-Oury, Josh Carson and Jason Young Assistant City Attorney: Blake Pennington Call to Order: 3:47 PM, Adkins-Oury (Vice Chair) Roll Call: In Attendance: Lindsey Steiger -Muck, Erin Adkins-Oury, and Jason Young Absent: Bill Finer (Chair), Josh Carson Staff: Jessie Masters, Development Review Manager 1. Approval of the minutes from the November 7, 2022 meeting. Motion: Board Member Steiger -Muck made a motion to approve the November 7, 2022 minutes, with Young seconding. Upon roll call the motion passed with a vote of 3-0-0. Unfinished Business: None. New Business: 2. BOA-2022-0024: Board of Adjustment (822 N. GARLAND AVE/OSMENT INVESTMENTS, 444): Submitted by OLSSON for property located at 822 N. GARLAND AVE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 0.10 acres. The request is for a variance to the front setback requirement. Jessie Masters, Development Review Manager: Gave the staff report. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Jason Young, Board Member: Confirmed that the property was recently rezoned to CS, COMMUNITY SERVICES. Stated around the site is RMF-40 and it does have a build to zone. Questioned if the applicant explored CS, Community Services or NC, Neighborhood Conservation. Masters: Clarified that City Council did approve CS, Community Services. Erin Adkins-Oury, Board Member: Asked if there was a reason why this matter was taken to Board of Adjustments as to going to City Council. Masters: Stated that it is a matter of options. Seeking a Board of Adjustments variance is the first step. If the item is not approved today, the applicant can consider a different route. Matt Lowes, Olsson Engineers: Clarified site -specific hardships concerning height limitations, and fire access, parking requirements are utilized to the max capacity, and it has typographic issues with it being a corner lot consisting of two site frontages. Young: Asked the applicant what other rezoning options were explored before deciding on CS, Community Services. Lowes: Stated that the choice was discussed with staff and seem like it would fall into the natural progression. Adkins-Oury: Asked the applicant how many units does eight parking spaces serve. Lowes: Explained that they have twelve units and took the four space reduction, which leaves eight parking spaces. Young: Said that parking is very tight, but he isn't sure it meets the threshold for hardship. Adkins-Oury: Expressed that there are other options, and that putting twelve units on this lot is a self-imposed hardship. Lindsey Steiger -Muck, Board Member: Agreed with the rest of the board. Adkins-Oury: Expressed that going to City Council to request a reduction in right-of-way may be a better route to take. Motion: Board Member Steiger -Muck made a motion to approve BOA-2022-0024 with conditions as outline by staff. Board Member Adkins,Oury seconded the motion. Upon roll call the motion was denied by a vote of 0-3-0. 3. BOA-2022-0025: (NORTH OF 1900 W CUSTER LN/STRICKLIN, 598): Submitted by COMMUNITY BY DESIGN for property located at NORTH OF 1900 W. CUSTER LN. The property is zoned RI-U, RESIDENTIAL INTERMEDIATE - URBAN and contains approximately 3.10 acres. The request is for a variance to the minimum lot width requirement. Gretchen Harrison, Planner: Gave the staff report. Josh Caron, Board Member: Recused from this item Erin Adkin-Oury, Board Member: Asked if quorum was still being met for this item Blake Pennington, Assistant City Attorney: Clarified that quorum is still met if the recused board member stays present in the room. Brian Teague, Community by Design: Stated the reasoning for this request is to be able to sell all five lots separately instead of developing multiple units on one lot. Adkin-Oury: Asked the applicant why they have decided against cluster housing. Teague: Stated that this decision is process motivated. Cluster housing would need to go through more approvals. Adkin-Oury: Asked if it was a shared drive or street accessing these lots. Teague: Confirmed that there will be a shared drive. PUBLIC COMMENT: Sue Madison, 573 Rockcliff: Stated concern about the property's access. She feels as though the added traffic to West Custer Lane would be an injustice to the neighborhood, with its narrow streets and no sidewalks. Also, it was stated that the property behind this project may be on the market soon and useable for access instead of Custer. Only one access point for a possible 20- unit area does not sound safe. Has request to please not put all this traffic onto west Custer. Anita Robins, 1875 W Custer: Stated that she lives directly across the street from the access property, and feels as though there isn't room for this access under those power lines. Emphasized the strong urge not to allow this access because her mailbox will have to be moved. Teague: Addressed public comments and asked the board to approve this item as proposed. Adkins-Oury: Inquired about the number of units. Teague: Clarified that the intent is to build a single-family house or a duplex on each lot. Lindsey Steiger -Muck: Clarified that with a denial today, the developer has other options to pursue construction. Adkins-Oury: Confirmed that other building options are available and that the street frontage of this lot is completely unbuildable due to the powerlines and right-of-way. Additional housing shouldn't affect the street traffic too much. Steiger -Muck: Agreed and stated that she feels the burden of hardship has been met. Motion: Board Member Steiger -Muck made a motion to approve BOA-2022-0025 with conditions as outline by staff. Board Member Adkins-Oury seconded the motion. Upon roll call the motion was denied by a vote of 2-0-1. Announcements: • Jessie Masters, Development Review Manager: Introduced new Planner, Donna Wonsower. Adjournment Time: 4:24 PM Submitted by: City Planning Division 11