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23 FEB 13 A G E N D A BOARD OF ADJUSTMENT FEBRUARY 13, 2023 6:00 P.M. CITY HALL CITY COUNCIL CHAMBERS 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting of January 9, 2023 1-5 3. VARIANCE REQUEST(S): a. Front and Rear Yard Setback Variances 108 Cross Street Petitioner: Midark Houses LLC/ AR Homes & Rentals 6 (information included in packet) b. Accessory Building Maximum Square Footage Variance 12 Red Fox Lane Petitioner: Lencoler Smith III 7 (information included in packet) ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: February 13, 2023 6:03 p.m. – 6:16 p.m. ATTENDANCE: Commissioners: Dietz, Twitty, and Stand-in Chairman Moore were present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Stand-in Chairman Moore declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Dietz moved, seconded by Commissioner Twitty to approve the regularly scheduled meeting minutes of January 9, 2023. MOTION CARRIED with Chair voting AYE. VARIANCE(S): a. Front and Rear Yard Setback Variances 108 Cross Street Stand-in Chairman Moore opened the public hearing at approximately 6:04 p.m. Tara Grubbs, Project Manager for Arkansas Homes and Rentals, stated they would like to build a new house at 108 Cross Street in the Sunnyside Subdivision, but they cannot fit the house in with 25 feet setbacks, so they are requesting variances on two sides. Council Member Dietz related that the lots in Sunnyside are small, so the standard setbacks make it hard to put any type of house on them. He shared that this company is going to buy some lots and build nice homes there, noting this request is for a four bedroom two bathroom home. He mentioned that he went by this property and it would still have plenty of space for the yard. Stand-in Chairman Moore voiced his concern regarding the City drainage ditch in the back, since the plan shows the house to be 13.6 feet from it. Ms. Grubbs assured that it will not be a problem. City Engineer Adam Whitlow agreed these are nonconforming lots that are substantially smaller than the traditional platted lots today, so it is an acceptable hardship to ask for something like this. He mentioned they have looked between this proposed structure and the adjacent structure and they will still have 35 feet clear for access to maintain the ditches. He assured from what they can tell, the setbacks will not interfere with any technical things, therefore, he does not see any reason to deny. Council Member Dietz believes having new construction in the area will be a great improvement, noting that Ryan Aclin is interested in purchasing the City-owned lots and doing the same thing with those. He surmised the Board will see more variance requests, because of this and the size of the lots. Engineer Whitlow confirmed there are several nonconforming setbacks in the area, so this will blend in well. Stand-in Chairman Moore closed the public hearing at approximately 6:11 p.m. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: February 13, 2023 6:03 p.m. – 6:16 p.m. Council Member Dietz moved, seconded by Commissioner Twitty to approve a 15.75 feet front yard setback and a 13.6 feet rear yard setback variance for 108 Cross Street. MOTION CARRIED with Chair voting AYE. b. Accessory Building Maximum Square Footage Variance 12 Red Fox Lane Stand-in Chairman Moore opened the public hearing at approximately 6:11 p.m. Petitioner Lencoler Smith III stated they are requesting a building variance because he would like to have somewhere to put his cars and kid’s go-carts where they will not be an eyesore, and also have a place to weld. He explained that the City’s square footage limit is not enough for what he needs to do, so he is asking for a 30’ x 50’ building. Council Member Dietz shared that this is a big lot and the building will entice the area; not hurting it at all. Engineer Whitlow recalled this residence was granted a variance in 2018, so this is a modification of that request. He related the only thing his staff recommends is a contingency of having a plot plan showing adequate setbacks. Mr. Smith shared it will be a metal building, the same color of the home, with the possibility of having brick on the front of it later on. Engineer Whitlow noted they have a review of Code modifications on the Planning Commission agenda tonight. He mentioned one proposal is allowing 5% coverage of large lots and this request would conform to that. Stand-in Chairman Moore closed the public hearing at approximately 6:15 p.m. Council Member Dietz moved, seconded by Commissioner Twitty to approve a 1500 square feet accessory building at 12 Red Fox Lane. MOTION CARRIED with Chair voting AYE. ADJOURNMENT: Without objection, Stand-in Chairman Moore adjourned the meeting at approximately 6:16 p.m. MOTION CARRIED. Respectfully, ___________________________ ______________________________ Susan L. Davitt CHAIRMAN Dan Brown CITY CLERK – TREASURER