Board of Adjustment

BOARD OF ADJUSTMENT MINUTES January 26, 2015 The Russellville Board of Adjustment met in its Regular Meeting, Monday, January 26, 2015, at 5:00 p.m. in the Russellville, Arkansas City Hall Council Chambers. Members Present: Chairman Blake Tarpley, Secretary Aldona Standridge, Jimmy Davenport, Jim Sims, and Wesley White Members Absent: None Visitors Present: Mayor Randy Horton, Alderman Bill Eaton, City Planner David Harris, City Attorney Trey Smith, Planning Assistant Lequitta Jones, Building Official Brian Holstein, Fire Marshal Richard Setian, Dave Garza, John McMorran, Gabe L/N/U, and Gary L/N/U. Welcome The First Order of Business was a request to review and approve the minutes of the September 22, 2015 meeting. Member Davenport made the motion to approve the minutes as written. The motion was seconded by Member Sims and passed unanimously. The Second Order of Business was a Public Hearing to review a request for a variance from Zoning Code Article IV 4.1.2.4 Off-Street Parking and Loading Requirements, to allow backing into a street, for property at 800–816 West 16th Street. Submitted by Dave Garza of Barrett & Associates, on behalf of Eddie Rood. (BOA.15.01.3608) Planner Harris said existing development on this section of 16th Street consisted of five duplex structures containing ten units. Harris said City Engineer Jones may comment on the fact that there is no turnaround currently on the dead-end street and whether there is potential for the street to be opened on the west end in the future. The proposal to do duplexes on these parcels is completely within the zoning designation for the property. The key question is whether or not that you feel that there is a special circumstance here that warrants you giving them relief from normal interpretation of the Zoning Code (ZC). The ZC is clear about parking. From a single-family house or single duplex, you can back into a minor street. With multi-family - which would include multiple duplexes on a single lot - you cannot back into the street. Basically, they are asking to be allowed to use multi- family dimensional standards so they can erect two duplex structures (containing four units) on each of the two lots, yet still be allowed to back into the street. Strict adherence to the code would limit them to three buildings with six units, with each building on its own lot, or a reconfiguration so that there was no backing into the street. The decision before you is whether there is some condition affecting this property that is beyond the applicant's control, and that warrants relief from a strict interpretation of the Code. Variances should not be granted unless the applicant can demonstrate that such a special circumstance exists. Variances should not be granted just to avoid regulations. Mr. Dave Garza said we brought this in is because the lots drop steeply in the back. You normally turn duplexes sideways and have parking between the duplexes. At this location you cannot do that because it is not flat. That creates a parking design nightmare. The other problem is the center lot doesn’t have sewer service. City Corp will not allow that lot to hookup unless we do a main extension. City Corp said we can tie-in at the northeast and northwest corners. so that is what we propose. There is a manhole on both of those corners. City Corp said we can connect two units on one lot and it would be a private service going into that manhole, but they wouldn’t allow that center lot to connect. Also, it is not feasible to put three units in there due to the economy. On the already-developed down the street, you have one unit per lot. This will be three units on three lots, plus one extra. To do so we have to split the driveways and keep them up front like the other units. They back out into the street, which has very little traffic. Member Sims asked how many cars you can get on the driveway. Mr. Garza said it was designed to have four, which is what is required. Member Standridge made the motion to approve the variance as requested. The motion was seconded by Member Davenport and passed unanimously. The Third Order of Business was a Public Hearing requesting review and approval for a 9-foot variance from Zoning Code Article II 2.10.4.1. Area Requirement, which stipulates a 10-foot minimum side yard on street. Submitted by Mr. John McMorran of Lewis Architects Engineers on behalf of Russellville First Baptist Church. (BOA.15.01.3609) Member White said he was a member of the First Baptist Church, and recused himself. Planner Harris said First Baptist Church would like to erect a building addition to the west side of an existing building. They are requesting to build closer to the ROW along Second Street than the ZC allows. They are early enough in the process that they could move the building back, but the recently adopted Downtown Russellville Master Plan (DRMP) recommends that this area be rezoned to C-1, which does not require street setbacks. Also, the addition would continue the building line of the existing building. The site is close to downtown, where zero setbacks are already into effect. The overriding factor for me is the DRMP, which says this area should be C-1, which would not require any setbacks. Mr. Harris said in his opinion the variance should be granted. Liaison Eaton asked if the addition would extend into the right-of-way. Mr. Harris said that it would not project into the ROW, but would be within not more than a couple of feet along much of its frontage. If it was rezoned to C-1 there would be no setback required. Member Davenport made the motion to approve as requested. The motion was seconded by Member Standridge and passed unanimously. Adjourned. ____________________ Chairman Blake Tarpley