Board of Adjustment

BOARD OF ADJUSTMENT MINUTES November 28, 2016 The Russellville Board of Adjustment met in its Regular Meeting, Monday, November 28, 2016, at 5:00 p.m. in the Russellville, Arkansas City Hall Council Chambers. Members Present Chairman Blake Tarpley Vice Chair Peggy Stratton Lannis Nicholson Mike Wilkins Members Absent Secretary Wendell Miller Visitors Present: Mayor Randy Horton, City Planner Walden, City Engineer Kurt Jones, City Attorney Trey Smith, Planning Assistant Lequitta Jones, Building Official Brian Holstein, and, Jim Lynch/City Corp, Dave Garza/Barrett and Associates, James Dunbar, Ladd Shannon, and Sharon Giblin. Welcome Visitors The First Order of Business was a request to review and approve the minutes of the September 26, 2016 meeting. Member Stratton made the motion to approve the minutes as written. The motion was seconded by Member Nicholson and passed unanimously. The Second Order of Business was a public hearing requesting approval for an 11-foot front yard setback variance from the 25-foot requirement in an R-2 allowing replacing the porch, for property located at 1302 South El Paso. Submitted by James Dunbar. (BOA.16.11.3624) City Planner Walden said this property is currently developed as a single-family home. This request does not require a variance and can be approved by the Board of Adjustment. The change will not impact public safety and will improve the general aesthetic of the neighborhood. The rehabilitation only needs permission from the Board of Adjustment to allow rehabilitation of this structure. The recommendation is permission to remodel a non- conforming structure. Member Wilkins made the motion to approve to rehabilitate this structure. The motion was seconded by Member Nicholson and passed unanimously. The Third Order of Business was a public hearing requesting approval for a 12-foot front yard setback variance from the required 20-foot requirement and a 1-foot north side yard setback variance from the required 6-foot requirement in an R-3 allowing replacing a porch for property located at 406 South Denver Avenue. Submitted by Sharon Giblin. (BOA.16.11.3625) City Planner Walden said the applicant is requesting to renovate the front porch and needs a variance from the setbacks to do so. This particular property where it rests is a little bit of a strange area and it is following a short pattern. This structure and the sister structure that is next to it both are a little bit further out to the street. If you look at the platting pattern in that area the street doesn’t quite align so that is kind of some of the results of this. With this particular application it meets most of the conditions for granting a variance and as such the approval with conditions: 1) The variance shall only apply to the porch area of the structure. 2) The roof footprint of the structure shall not extend further toward the street than the structure on the adjacent lot to the south which is the sister structure. Member Wilkins made the motion to approve the variance with two contingencies: that the variance only apply to the porch and the roof footprint not extend further toward the street than the structure on the adjacent lot to the south. Member Nicholson seconded the motion and passed unanimously. The Fourth Order of Business was a public hearing requesting approval for a Special Exception from the lot area requirements for a tract of land located on East “L” Street in Block 7 of North Side Addition to allow construction of a residential unit. Submitted by Dave Garza of Barrett & Associates on behalf of Ladd Shannon (BOA.16.11.36.26) City Planner Walden said this request for Board of Adjustment Special Exception to lot area requirement. The lot is 4% short of the existing area requirement. The code requires that approval in these instances not harm the public welfare or safety. The planning comments are: 1) The lot is within the 10% margin for BOA Special Exception to area requirement. 2) A house can be easily built on this lot without encroaching into neighboring lots or endangering public right of way. This development is consistent with the Comprehensive Plan by encouraging infill development, promoting revitalization within existing older neighborhoods, facilitating single-family housing at affordable price ranges. The recommendation is approval. The building on this lot will benefit the public welfare by cleaning up a now vacant lot. In granting the exception it will not pose any threat to the public health, safety, or welfare. We do not want this to become the norm where someone is purposely creating a situation that would violate the zoning code, but we do feel that in the interest of trying to make something happen in this particular case and sort of the neighborhood that fits within this would be in the interest of the public to approve this. Member Wilkins made the motion to approve. The motion was seconded by Member Stratton and passed unanimously. Adjourned. __________________________ Chairman Blake Tarpley