An argument over setbacks took up much of the May 12 meeting of the Planning Commission, and after that lengthy discussion, commissioners postponed action until they could schedule a site visit.
Sitting as the Board of Zoning Adjustment, commissioners heard public comments on a setback variance for Northwest Arkansas Housing Authority and Roger Walker at 4 Wheeler St. Attorney Steve Vowell spoke on behalf of Julie Shelton, who owns adjoining property. “This project has basically been off the rails since it started,” he said.
Vowell had a series of pictures showing parts of the building within the setback zone. He also pointed out a deck which the commission had not approved. His three-minute comment period ended before he completed his presentation, but Chair Ann Tandy-Sallee said he would have time to continue once the issue formally came to the table for discussion.
During public comments, another Wheeler St. resident expressed concerns over the property. Nancy Binek said, “From the very beginning of this project, Northwest Arkansas Housing paid no respect to any property line.” She said the people who owned the adjacent property at the time were “not there to defend” their property. Once Shelton bought that property, she objected to the construction.
Tandy-Sallee asked to hear from NWAHA before recalling Vowell. Construction Coordinator Cliff Kollin said Walker applied to build a house through their program. He said the project complied with all city requirements and received a building permit. Building Inspector Bobby Ray was notified that part of the building encroached on the setback area, Kollin said, and Ray sent an email approving the location. “The neighbors were fine until the property sold,” he said.
Vowell said Ray would not have had any authority to grant a variance, and the commission did not issue one. Vowell said once the building was completed, the porch came right to the property line. The builders were told they would have to remove part of the porch. They subsequently added the unapproved decks.
In answer to a question about the size of Walker’s lot, Vowell said the house was too big for the .17 acre lot, but it could have been built without violating setbacks. He noted that part of the house encroached on the setback area, but his client was not asking to have that part of the house removed. He asked to have the porch scaled back, and the unapproved deck removed.
Kollin reiterated his contention that the project had complied with city regulations. “We’ve done everything the city asked to the letter,” he said. Ray approved the encroachment into the setback area before the foundation was dug.
Questions were also raised about two separate surveys. Commissioners voted to defer action until after arranging a site visit. They agreed to make the visit as quickly as possible, and then call a special meeting so the parties would not have to wait another month for a resolution
Watch where you’re walking
The city has put together a committee to study the possibility of adding sidewalks on Pivot Rock Road and East Mountain Dr., and commissioners have been more concerned with sidewalks in the downtown area.
Commissioner Fergie Stewart said speed bumps on E. Mountain have already made pedestrian traffic safer, and similar speed bumps on Pivot Rock would have the same effect. The sidewalks downtown present bigger problems. Stewart had a list of sidewalks in violation, where no citation has been issued. He had pictures showing gaping holes, unlevel or collapsed sidewalks, or slabs separating from the curb.
Commissioner Tom Buford asked why city council has not enforced sidewalk repairs, rather than adding more sidewalks on the periphery. The other commissioners agreed and voted to send a recommendation to council adding a provision to city code. The new language would prevent anyone from obtaining a building permit without first making necessary sidewalk repairs.
In other business
- The commission continues to study the possibility of suspending new Conditional Use Permits for tourist lodging in R-2 zones. A workshop may be set after an upcoming consultation with Jim Von Tungeln from the Arkansas Municipal League. The commission will meet with him at 4 p.m. on Thursday, June 24. The first 30 minutes of that session will be devoted to the new Vision Plan. The next half-hour will deal with Airbnb issues, and the final 30 minutes will be reserved for questions.
- The resignation of Bob Thomas from the commission left a vacancy at secretary. Mickey Schneider was nominated, and initially demurred, but Tandy-Sallee explained that her duties would be largely limited to calling the roll and co-signing documents. Schneider agreed to serve, and commissioners all voted in favor.
- This was the last meeting for City Historic Preservation Officer Glenna Booth. Tandy-Sallee thanked her “for everything you have done for us,” and offered her one of the vacant seats on the commission.