HomeMy WebLinkAbout2004-09-07 - Agendas FAYETTEVILLE
THE(Tare OF FAITTIEVII Let tMANSIA 125 a ,salesman St.
recall,al,Or F751
belphoalta arm sli MS
AGENDCAL FOR A MEETING OF THE
BOARD OF ADJUSTMENT
I dreamy SoPCctnbcr7,2rFL345pr,
Room 326, CityAdimardearmoultudding
The farflamil items "Ill be considered:
A gial m,I of Minu�from the(AVIC/N004 meet Ing.
AnspArramess-
1. W)A"1206 (SQ�S,44� Stibini�edbyJUHN & IMARTHANNESQUIRFS�pr�eCat locaWdn922N PARK
AVENRUE, the propeart is wancral RSF4, Strait F FAMILY-4 1AUTRACRE and contairs approxcriatelyU 29 act,, TIverequestis
for a ficalt setback OLCO (, 1 mirmuQ) Plur... 91KANNL MOR(iAN
2. BOAR41207SCUITRYLEAMY, 445) Serrated Cy GARY LEAIFP for proccarty located at 722 IT VANDEVEELFFEE Tile
proplarry is Word RSF-4, SINGLY FAMILY-4 UNTS/ACRE. Let request is for a 5 C]dC Setback 0 3' Andres)
Parepmv Coat AARON CUR re Pal ZZYTCF Ml
3. BOA 04-1209(SPARNE, 484): Submitted at DWIGH I CALLAWAY to,prospaly located at 225 N FAST AVENUE Lee
parterre is Camed R 0 RESTEN I LAL OFFICE JF1"Yea 11 in a Tfinat sefted:(a 23'armiturces)Card a 13 ads Albert;(a 2
varmustal to Vic Court of th"'nuct pnorawk,
falplA 0,111 Wll,I IAM SPAINI Pro,... DAWNWARRICK
4. BOA 04-1209 (LOTAXY,522) Subrutted by MIKIL COLLEY for prCPCUy based at 5 S PULL,AITEPECTINE. The proEK a
,,mdRMF4ReCPJLTlFA3k1[LY 40UCHUNIACREarldcamom ,pi..mablyli.40aces Therequestsbrarodwai... 1,Cc
rem setback N allow for the devalopmen,J 6 tmv, ficlows lead Capital cracking.
Plannack SUZANNE MORGAN
All urCA,JUA,,,w'UPCar"C b'F',J sts,pab,hrartur, 4...
411"lawc,d plate 11,roard t,was, Us plusNaC, I'�kllllll)l)fuTllw��impai�ama�allabIctOr�EIPUbILC
h...rm,r2l.......tW,r,4,ud A,AdC,,,Fmw6m uTewposcan areanArcPaSC Call 57cOl
O"ER OF BOA,]lBD OF"AdSTMENT MEETING
A. Introduction of agenda item—Chairman
& formulation of Struff frapial
C, Presentation of request—Applicant
D, Public Command
E. Response by Appliesart/Questions; At pywas cr with Board
F, Action of the Board of Adjustment (Discussion &Vote)
NOTE TO adFasHIERS OF TOJE, AUDIENCE
If you wita, to address the Board of Adjustment on an agenda item raise yew And when
due Champarm asks for public comment. He will do this after he has Oven Board
members the opportunity to speak and before a find vote is taken. Public comment will
only be permitted during Us part of the spacing for each item.
Once the Chaffirmin recognizes you, go to the podium at the find of the mom and give
Firm mica and address. Address your comments to the Chairman, who is the spreading
officer. He will direct them to the appropriate appointed officeil, stafl teacher or others
for cesmanw. Pleare keep your comments Hell (a the point, and relevant to the agenda
item being wasuldem so that everyone has a chance to space
Please. as; a matter of coursesy. refrain from applauding or booing any speakers or actions
of the Board at Adjustment.
2004 Board of Adjustment atlembera
Sherrie Alt
Michael Andrews (Chaincurn)
Michael Green
Robert Kohler
impares Konzalnumma
Bob Nickle
dominate Olzewsli
FAYETTEVILLE BOA Meeting of September 07, 2004
I HECITY OF FAM I EVILLE,ARKANSAv
125 W, Ins"Im,at
Fayetteville,Alt 72701
Feleph .. (479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO. Fayetteville posted of Adjustment
FROM Sminuat Morgamm Associate Porover
IARIJI Dawn T. Wamck, AICT, Zoning & Development Administrator
DATE,� September 01, 2004
BOA 01-1206 (SQUIRE,S, 445F Submitted by JOHN Ags MARTHANNT, SQU[RFS for property
located at 922 N PARK AVFWlM. The postpone is zoned RSF-4, SINGLE FAMILY 4
FISH SIACRE And cartabling approximately 0.29 Avoid, The request is for a front setback of 24' (a
I- variardeL Planner: SUZiiNNE MORGAN
RICOMMENDATION-
Staff recommends denial of the requested front setback variance based on firandimassuaterl
bearcim
ACTION; 0 Approved Dambild
Date! se� I
BACKGROUND:
Prophorlydescrowean The sulareet property D located at 922 Park Avenue, which north of
PruspertiltrectandWilsonPilik Currently a 1,410 square foot single-family home (exploiting
Fee demand haterracm) is located on the property, which is Lot 3, Block 6 of the A.L. firchat's
revised plot of tire Fire Park Addition. I th, lot consists of approximately 11,900 8F. which
humplied win the mountain allowablic lot area in the RSF-4 zoning district for a sought firmily
home (8,000 NU, It also had callignate footage onto Park Avenue. The existing residential
structuri contents to all current seeing regulation,
Fre afterclued survey of the property shosers a 30' front building setback. 'HieRSF4zoning
district reembers; a 25' front setback And is thet setback enforced by the City Thranarcred
ishormsphardence from the applicant refdrs tothe 30' Notback and a 6' srunince with the addition of
doepasurch. Men has informed (lie appivicaut ofthe setback monaural based on the witiong
districtandthemaetacreirmforta5 porch could be permitted 'Heirpolicamothensilboirelto
confine tire variance process with the whanco for a I' vaurrinve
Rvo,"99 otovrog it Ida eqv,�l c,
September 07,2004
Brad of Adjusurm
BOA 04 1206 polurco
Page LI
Ile attached survey or the posoperty, shows a 30 front banding setback. The RSF-4 seeing
district requires a 25' front setback and is life setback showed by the City� The attached
correspondence ficent the applicarit refers to the 30' setheake and a 6' variance with the addition of
theisurch. Staff has inferred the applicam ofthe setback vuluousureent based on the searring
district and Print a extension for a 5' porch could be possissed, The applicant has desined to
continue the variance to costs with The request her a F varrainse
Proarsoal Ile appirvat proposes to add a 117 square foot pomb to the front ofthe structure
The front ofthe structure is currently located approximately 30' Peru she existing Master Sfosent
PEnrighUoJ "w, A 6 foot addition to the hour of the structure would result if a I foot
enemac�cntof�c25fot)t.�otbuk, �s�qu�i� avadance
Request nerequell is for afroartscaback estimate or 1% resulting firw24-fin setback along
the West propicrite, lisv�
Ordinance Fraguirson t aRgile cal
Front etback tweet) 25 using s)
SURIPOINDING LAND USE AND ZONING
fcand use
I scould Single famsEsesuid R&F-4, Res omle=2Y74 ani discre
,on, 'ingle doinflynaid RSF-4, Res smadle�f�iI4 rancorous
[bast inglic fiardYw) RS-F--4, Res son le Lose , 4 thdodaure
West Single Lands residence PST 4 Res, saingle tinnily, 4 unit sure
GENERAL PLAN DESIGNATION Residential
FINDINGS:
§ 156.02 MINING REGULATIONS.
Certain vAriances of ths,zoning rugulanxis may be applied for as follows
A. General RegulationgdApplication, A variance shadl not be Regard unless had
onto ad application demonstrates:
1. Special Conditions. net special cancer and circumstances exist which are
factories it) the land, structure, or building involved and watch rise not applicable
to other lands, structures or buildings in the soure charter
Finding: The subject and surrounding properties adjoin a 601 right of way and
residues a 25' front building setback by zoning ordinance. Nospecial
conditions or circumstances exist which am peculiar to the land or structure
that am not applicable to surrounding properties and buildings in the same
district.
K Rox,11209 I PO4 car.",is 07 04s0,1 04 1206�q...ad. September 07,2004
mardiffsodyistment
Weit"1206piqui...)
Page 1.2
2. %privationiffRights.
regulations; would deprive the applicant of Tights commonly enjoyed by other
properties in The some district under The terms of The zoning regulations.
Finding: Literal i strap retention a f in n ing regulations a ould Term it a 5' ad Union to me
front of die domain re in color to hard on as a sitting area and preavi do
protection for the residence. The zoning Mutations will not deprive the
applicant of rights commonly enjoyed by other surrounding properties that
have small porchi or overharrigs.
3. Resulting Actions. I hat the special candidates and dircurnatences do not result
firom the actions of The applicant,
Finding: The request for a varimuse is a result of the applicant's proposal to add a
pooch to flue front of the existing structure.
4. No Spatial Parivileges. That pending the variance requested will not employ on
the applicant any special privilege fast is denied by Zonin, Clarriaters 160-165, to
other landise sometimes, or buildings in The source district,
Finding: Finding the requested vermonces; "I confer special privileges to flue
applicant that are denied by Zoning and would rialuirse a variance request
from other properfiess within the same district.
15. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
of buildings in (lie surce didente, and no permitted or tionseandarming use of leads,
structures, or buildings in other distreps shall be considered Four& lor the
issuance of a vaticroce,
Finding: No fronconformilies were considered as a basis of the firectings shated in this
staff ropeort.
156.02 C. Consideration by the Board of Adjustment,
1. Bulk and Areen
Applications for varecrains of bulk and man requirements shall be considered by
and may be approved by The Board of Ack Turmoil,
2. Public Hearing A public leading shall be held,
Finding: A public hearing is soluddluded for Tuesday, September 07,2004.
3. Findings. I lie Board of Abuttiment shall make The following fitchigs:
K Oldiveef 04 1206 ncd�,)Is� Semester,07,2004
11111al If inboard
BOA 04-1206(Star...)
Page 13
a, Minimum Variance. not the reasons; set food in the applizationjussfify the
growing of The variance, and that die variance is fre minimum variance that will
make possible the reasonable use of the land building, or structure.
(L) Harmony with General Purpose. The Board of Adjustment slash knows ranks a
firring tat the granting of me variance ofill be in honorary o Rh the general
purpose and intent of Zoning, Chapaids 160-165, Add call not ba rommus to die
neighborhood, or itatervase detemerstal to the public welfians.
Finding: The proposed front setback variance 6 the minimam variance necessary to
accommodate the proposed porch addition W due existing structure.
Granting a variance for a front setback reduction will grant special
juddlegliss; to this property not commonly enjoyed by the surrounding
properties.
G.) Records set forth in the application justify loading the variance, art dri( the
pimance is the muniummor variance that will make possible the reasonable use of
the lared, holding, or strucarre.
Finding: Reasons get fords in the application do not justify granting the requested
variance. The applicant may add 5' onto the structure in order to provide a
proalb.
b. Coralitions kind Safeguards. Ingraminganervagoince, the Boardol Adjustment
may proscribe appropriate cassilitions and safeguards in conformity wit the
Zoaringrogulations�
Findmg: Staff recommends denial of the request" I' N unsure to the front setback.
C. No Variance Allowed. Under no circumstances anall the Board ofAdjustrusent
grappot a variance to allow a use not permissible undar Zoning fir the district
involved, or any use expressly or by implication prohibited by the mind of the
zoning regulations in said dishiaL
Finding: N/A
fccepora?04VIOA Reposes Ox Also 04,12es(ie.o,j d� September 07,2004
Bond of Adjustment
BOA 04-1206(Squires)
Page 1.4
161.07 District IV4F-4, Residential Single-Family —Four Units Per Acre
(A) Pupxe The RSP 4 Residential DIsout is
desuared to tormit and c...... a,the development
of 11, dclaly d1ailh,,] Tweltuags at suitable
constituents, an,weR as to protect dishrag
development offirose typos
(B) Us',
�1) Permatedusos.
I unit a I Oftwide uses by nght
I Unit 8 1 Single-family dwelling
(2) 'o,3
miz W'dt"'I us, ,,,a
2ma,ases so W'dt"'I Us,P',,i
fma,,,",
i Units i UUMMI and mmau0nal ucjw�
I units I IWO lease d,earts,
UJIILZ� I .....no
u,,t36 I hals,5
(C) loses
Is T�amly
�Mhvelwll 71 da,e I....
4,,1 7 11 less
(D) BIk egidanoo,
early
ouy
non, 4welph 5
a 5
,un ovaimunt,rd, "I --�oo a
Lot , ......an a ODD an ft 12000, ft
p.r I ....q at q ft
Id"I"t a q,
CIE) Sorbackeqwmos,
grant ss, R,,,
25". I I I sun
(F) yscshs� None
(0) S,odmaq area. On say lot the=,,empurd by a
buildings shall not....A 40%of dre read area of
Inch ]It
K Usoasabry4daaa Rslssoosar-ax�4001 N Joey(Swo.os)doc
September 07,2004
Board of Adjustment
BOA 0�1 206(Squires)
Page 1.5
August 16, 2004
John and Marthanne Squires
922 North Park Avenue
Fayetteville Arkansas 72701
Chair, Board of Adjustments
City of Fayetteville, Arkansas
125 west Mountain Street
Fayetteville, AR 72701
DearChairpersom
Please accept this letter as a formal request for a knot setback variance
on ourproperty at 922 North Park Arcane, Fayetteville, Arkamas. If
granted this variance will allow us tu construct an open front porch on
ourhome. We believe this addition will make our home more
archhecturully compatible with the majority of the homes in am
neighborhood which have porches. The proposed addition will also add
value to our home without negatively impacting the health, safety, view,
or value of am neighbors' property.
The following addresses the four criteria required by ordinance.
a. This residential property laws on a 60' right-of-way with a 25'
street width and a 30' front building setbact- The existing
dis tance hour the strect curb to the fiont of the house is 47' while
the typical distance in most neighborhoods is 3Y.
b. Typical residential right-of-way is 50' with 25' building setback,
Literal interpretation of this ordinance will deprive the applicant of
the right to a covered front parch---sometbing commonly enjoyed
by the vast majority of homes in the dixtricL
c. This request is for a covered open Patch Only. No safety, light� or
air concerns am changed. The existence of the non-typical 60'
right-of-way and 30' setback are not result of action on am pact.
�pternber 07,2004
B ..d of Adpastment
BOA 04-1206(�vios)
Pop 1.6
d. Granting of this variance does not confer special privileges
(covered front porch) that is denied by this ordinance to other
property owners in the Wilson Park neighborhood.
We believe that the proposed front porch is architecturally compatible
and adds wine to ourproperty and the neighborhood. Construction
of sidewalks and bike trails in our neighborhood and throughout the
city make our community more neighbOr-firiendlY.
So do front porches.
The board's consideration of one request is appreciated.
ES* cerel
Y
John and Marthanne Squires
Septembl,#7,2004
Board of AdrIstment
BOA 04 1206(Sq,i...)
Page 1.7
Checkffitlg�m#3.
(fornplem seriaenclescrip6son of drs request(what is proposed by the applicant) to
includes
Building size fir sqwm feen; excisting and proposed.
Tm exuding house is 1410 scunare feet of heated floor space excluding
baseramrs. The preposed opm from march addition scould add an additional
117�qcam fear of unheased space.
Number of off-smet pariging spaces to be provided/ munber required
Not applicable.
Written description of requeAL
We am repossung a setbackaurianot in order re construct an oneen (no vA) firent pinch by
extending the existing front dornO an additional six feet to provide a ponch most supported
[sycolunnes as doover on the atrached plootograph. The porch will be 19.5 feet aide by 6 feet
deep.
We luclieve the addition of the hour numb will ranks our house more neighbor frendly and
provide a better formation latnAt n public and prianse space—especially when sts mining.
SE E Af7fskal[E,D: BE FORE � kFTE R PHOTOGRAPH/DRANW[NG.
Smumber 07,2004
Board of Adjustment
BOA 04-1206(Skiviven
Pap IB
0
Septembe,07,2004
oard of Adjustm,,t
A 04-1206(Sq,imq)
Page 1.9
AK
BLEW and ASSOCIATES
Surveyors
FRANK W. MEW. JR., RAL.S.
Fir WEST fw__� 17Q' Fir
34o" seen d.. PFZA
:74�? Ann le
" a que
J4 0
"a F_ us
0 4P 61940, Or N SCALE
_1 I
P 4 1 - 30
og soo
a E,
enter amoude
�Fip
Surveyed f,r� John Martha Squires
Date: September 11 , 1992
PROPERTY DESCRIPTION:
Lot UumbeTed Three (3) 1, Black Sir (6) in A.L. Treat's revised plat of
City Park Addition to the City of Fayetteville, as designated on the recor-
ded plat th,reof.
CERTIFICATION:
I hereby certify that I have this day ad, , complete survey of the above
described property, as shown on this plat of survey. The property lines
rod 1.0r,er monuments, to the bes, of my knowledge and belief, are errect-
ly established. All lecroachmetto, if any, are as shoon on this plat, to
the best Of my knowledge. 0, this the llth day of September, 1992.
September(17,2004
Board of Adjustment
BOA OJh1206(Squires)
Page 1.11
BOA04-1206
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Board ofAdinam"t
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FIM Page 1.12
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Boa ad of Ant USA ill So
W06 1 0,2 03 DA BOA 04-1206(Squires)
Miles Page L13
I
FAYETTEVILLE BOA Meeting of September 07, 2004
PAC11YOr FAYFJ I UmLEARKANSAS
125 W M...rWc SL
FaiAulffll,Ali Tp(H
Tvwh... (479)fesucil
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM Supecarm Murgan, Associate Plowman
THRU Dorm T. Warmish, AICP, Zoning&Development Adminisimen
D AT E: September 01, 2004
BOA 04-1207 (CURTISPLEA11Y, 415): Submitted by GABE LEANCY for property located at
722FIVANDEVENITR, nepai�ayiszo�dRSF4, SMGIFF�MY -4 �lS�ACRE,
The request is for a 5' side setback (a Teammate),
Propers Owner: AARON CURTIS Plarater: SUZANNE MORGAN
RECOAMTENDATION:
Scott recommends approval of the requested side setback vanance as described in the stoof
report with the following wouslitionds):
1. All applicable building permits shall be obtained to begin construction of the
proposed addition.
2. No expansion or reconstruction of Me existing structure,without Board of
Adjustment approval, shall occur within restuirsed setbacks as established by zoning,
wMi Me exception of that noted herein.
vi to-
to-
e
a MAN,.
sAENT ACTApSz 0 All
'004
BACKGROUND-
Property description the subject poesposE, is located at 722 North Vaddeventer Avenue, which
north of Prospect Street and Wilson Park. Currently a 1,900 square foot single-firmily home
Rrr�'W O�041ai4 1,ahy)&v September 07,2004
Board of Adjustment
BOA 04-1207 nemnolvaloy)
Nge 2.1
in the 1950s is located on the property, which is I ot 23, Block 3 of file Wilson
Adults Addition. The lot consists' ofaistriedrunkly 9,760 SP, which complies whit the
functional allowable lot area in But RSF-4 coming district for a single family home (8,000 SIT. It
allo� �eqiiate �n�geoiituVandevenwrAveniie. Ile existing structure exists as a
nonconforming structure bastriscisfaY ennorsommentrat oftherreadocrin side seelmokosquircereart
ofs'.
Surrounding properties contain parimardy single family homes, most m7which arn, situalted on lots
isfaccurprouldrusizearnsituation.
Primbrood The applicant proposes to add 1,038 square feet tothe met riffle existing home es an
extension of the existing nonconforming structure,and located in the nordarm sidir sentleack. the
colossal of the cover iminecied nonconforming residence is greater dian 25%, of the existing
square firoterge of dic structure, thus requiring a continues.
Request, I hc�"near is bor a side setback reactor of 3 loss, insuffing in a 5-mort setback alling
the north property line to bring the structure into conformity with the barred approval of a
Nwillarst by the Board of Adjustment laid accornmakno a prepared addition to the rest of the
existing single firmily home, Future development on file subject property work be required to
consfinor to derelictions sas hated hereim
Ordinance Ressairesimant A unficant's Re net
Side—Sebnk 5' (a Mee)
IP =I �]
SURROUNDING LAND USE AND ZONING
Land Use belong
North I Saighl firmy,residence RSP-4, Rbs;
H _e
Scroll Rome family residence F-4, fsscs� sin Is Larval 4 frailreacro
Be
JiSF,, Rus. smile ficamily, 4 bacteria
R S
�td SF 4.Res. single family, 4 unit to
_::::�iestrencrL
GENERAL PLAN DESIGNATION Residential
FINDINGS-
§ 156.02 ZONING REGULATIONS.
Camara r arances of tile ending regulations may be applied for es follow a
A. General RegulationvelApplicinfilan A entrance shall not Im granted unless and
until all application derronstrater
1. Special Conditions. That special conditions and circumstances exist winch arre
residues to the laud, coastal or building into]red mod which are not applicable
to other lands. structural; or buildings in the same district
X a'0aWVA so 1207esr&'Lcrls'� 5omtember 07,2004
Room] of Adjustment
Ersk 04 120 om"iminefln)
Page 2.2
Finding: That the existing stractare was constructed so& chat Me home encroaches
three feet into the building setback creating a special condition for Me
structure involved.
2. Befell of Rights.
regulations would dribarive pre applicant of rights commonly enjoyed by other
properties in pipe same district trader the terms of the raturing negualations.
Finding; Liberal interpretation of somfing regulations would not permit the proposed
addition to the existing struicturs, nor would it allow the existing home to be
bat as it is simated today. An addition to the structure as an extension of a
single partly home is allowed by right in the subject zoning district.
3. Resulting Actions. That (lie recall conditions add do not result
firma the derives if the applicial
Finding: The single family Imme was built in Me 1950s, prior to adoption of isoming
regulations. The current property owners have owned the property since
February of 2003. Conditions of the existing micripiclument of Me setback to
not result from theactions of the applicant The applicant is proposing an
addition to the structure within the required 8 fisat setback.
4. No Special Privileges. That grading One varricance riduested will not cup fir on
this applicant my special hinvilege that is denied by Zoning, Clembee 160-165, to
other leads, structures, or buildings in the same district.
Finding: Granting the requested entrances will not confer special privileges. The use
of this foraperty for a single family dwelling is permitted by right in the RSF-
4 zoning district.
5. Nonconforming Baca. No nonconforming are olneighboring Foods. strupparp,
or buildings in thesence denuder, and no permitted or knorivarionrung use of larep,
structures, or buildings in tolor districas shad be considered grounds for the
ismource of a varnansc.
Fiudmg� No mounionformifies were considered as a basis of the findings stated in this
staff report.
156.02 C. Consideration by the Bumul of Adjuidoppeart.
J. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment
X,Vw,,IIsx04W4 lonimUssrei 0ARM asfrW jjtouo,,sys&x September 07,2004
Boom arAdiotment
BOA"1207(Corrections)
Page 2.3
2. Public Hearing, A public hearing shall be beld.
Finding: A public hearing is scheduled for Tuesday, September 07,2004.
3. Findings. Ile Board of Adjustmentsball make the finhoving linbiqU
m Minimum Variance. That the reasons set bato in the applourionjussfify me
gramingoffluesonasm, andbutflovearromm is der nommurn variance that will
ulake possible dne reasonable use office land, building, or stramanx.
(1.) Harmony with General Purpose neBoaTdorAdju�tmeii( �hallfuWi�r�ea
finding that the graming offfic variance will be in hamonywith the general
Torpedo and intent of2gaing, Chaparm 160-165, and wiff not be injurious us fire
neighborhood, or otherwise detrimental to the public we]lam
Finding; The proposed side setback variance is the musimum variance necessary to
accommodate the existing structure, as well as the expansion to the rear of
the house. (uniform a summer,for a front setback reduction would be in
keeping with the overall character and harmony of the Wilson Park
neighborhood and in harmony with the general purpose and intent of the
zoning ordinance. The variance will not be injurious to the neighborhood or
otherwise detrimental to Blue public welfare. A five foot setback will provide
suitable separation baw rest the existing structure Brad the adjacent lot.
Furthermore, an extension of the existing%Ali of the structure will not result
in additional encroachment to development north of this property.
(2.) persons set both in the application justify granting the variance, and that the
varimme is the nummum variance that will norm possible the reasonable use of
rise ould, building, or
Finding: Reasons set forth in the application to justify granting the requested variance
include due existing state of a nonconforming structure and the proposed
addition to the structure will not change its existing appearance or width.
b. Conditions and Safeguards. In gurnma my variance, the Bmud of Adjustment
may prescribe appropriate mixtures soul safiegunds in conformity with fire
zoning regulations.
Findings Staff has recommended conditions for this request which am stated on page
one of this report.
C. NoVarianceMlowed. Under no circummarcess shall der Board offioijaptiment
goal a variance to allow a use not permissible under Zonfin in the district
K ks�laeY,07-0490,4 044w7(CrIla lmh�)ev Septcanour 07,2004
Board of Adprommt
BOA 04-1207(CmdosIcam)
Page 2A
I
involved, or my use expressly or by implication lasshibinal by the term of the
sinning tvguations in said dismict,
Finding: N/A
K �p�&109 07 MBOA O�1207 inaftZzavy)d1i Neptembe,07, 2004
Immduf Adjustment
BOA 04 12M (CmrHsfL,,k,)
Page 2.5
161.07 District RSF-4, Residential Single-Family—Four Units Per Aere
(A) Fv,�&e The RITA Residenfial District h,
designed to permit arm emosamse the
of low crmhy departed dw,11mg,a summle
... mmourts, Me well as to protect existing
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A scpwl�OeDce Osposs 0�120x r.,I,T,.hjs cor September 07, 2004
Boa,J ofAdjustment
BOA W-12ar (Cmusdophy)
Page 2.6
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BDard of Adilltment
BOA 04-12V(Cv�WLeh�)
�gc 2.7
Dear Chairman,
The, special conditions and circumstacres that exist with
the house at 722 Vandeventei Sri are as follows; The side,
cutbacks for this district are 8 it on both sides . The
existing hou�e overhangs are 5 it from the proporty line on
the north side. We are requegi-iDg to carry the sedition
back with the existing roof line which will still be 5 ft
from the property line. This special condition would
enable the structure to posintain its original look and
struuturo� By granting this variance the applicant would
not be given any special privilege that would be denied to
anyone else in this district .
Thank you for your consideration,
Reprogentatise Gabe Leahy
September 0,2004
Iman[OfAdjushmalt
BOA 04-1207 (Curfisleaby)
Page 2.8
Sepaftmlacr 07,2004
Ron d oF ' jg�
BOA 04-12V(C,�s��ahv)
Page 2.9
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September 07, 2004
Fayetteville Board of Adjustm,,t
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BOA04-1207
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0 01 02 0.4 OB 0.8 OA 04-12K(C�urftaLe,by)
Wes Page 2.11
I
FAYETTEVILLE 130A Meeting of September 7, 2004
mCuY(h � sY1z1JEv1LL1z ARKANSAS
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PLANNING DIVISION CORRESPONDENCE
10: Fayetteville Board of Adjustment
FROM Davit T, Warrick, AlCP, Zoning At Development Administrator
DATE: Sciatoidra-2, 2004
BOA 04-1208 (SPARSE,484): Submitted by DWIGHT CALLAWAY for property located at
225 N EAS F AGEN Up. The property is zoned R-Of RESIDENTIAL OFFICE The i equpst is
for a Tfivest wticalk (a 23' sariancid and a 13 side setback (a Tvarcaddsi) to the souni of the
cobjectypropurry
RECOMMENDATION:
Staff recommends approval of due requested 23' front setback variance as shown on the
attached site plan.
Staff has determined that the requested side setback iv not required, The adjacemproperry 49
aimed R-0, Residential Office, therefore the lesser setback of l0ris aptitude. The R-O
alknoice is prinurrill,a non-residential difterict and this interpretation has been applied
consistently to other similar locations.
BACKGROUND'
Property devcrquon The subject porporty is located at 225 N. East Ave. no site is just south of
Dicker) Street aid one block west of Collage Ave. The structure on this property was once
residential but has been curveded tar re as a proifessiond office. there are approximately 1.893
s1 located on the main Door of the building. A basement provides a arvall storage area and berace
For utility equipment Have is a partner idivevers,along die north property line which accesses
M o rueste parking spaces at the war o I the building. Adjacent property contains a parking lot (to
the noodo, St. Paul s Episcopal Clients to the cast (across Eaut Aex) a sandar Is olessional
office it) the south md on office building to did west Didisamedicticlsockinthedicaustown
nice with a variety of difficaunt adds and building lyine,
Progroval The applicant proposes to nauseate me build an indidon onto the terstrig drvcdurcc�
I he addition will net ciarsuch required setbacks I turbot than the existing creature, in bad, the
fieAtinnt will reouni the same, By mordifying the rof of the building, additional usuble place
will be prossibel in the attic area The proposed 1,050 s1. addition will increase the usable area
within the building by approximately 55%.
Request The applicant wituests; approval ofa hurt setback variance which will allow the
exicanag so uQdure as is ell as the proposed! addition to be considered corripliant with setback
X Acwh rMedif NPIM169 OV cl�04 on ri.,dir Sepacinther7,21004
Boord of Adinsoulat
BOA 04-1208(Spaine)
Page3.1
requiromms, theigby protecting me surname should it be �ulwtuhblly damaged and red to he
rebatilt
Ordinance R quirement A licant's Requesit::::�j
"'B"'
From setback (Well =30 c �7 (231 �alio a)
SURIDOUNDING LAND USE AND ZONING
Use Zoning
For C-3� Ciantral Commercial
rush rro� I ffici: R Residential Office
Z mal 0 R f:::
Fact Ch�Mb a 0, Residential Office
West fifir'. ac M
Control Commercial
GENERAL PLAN DESIGNATION Histin is Commercial
FUNMINGS:
§ 156.02 ZONING REGULATIONS.
Certain s adiani of the zoning egulations may be applied for as follows
A� Central Reguladom/Application, A variance slash act be granted unless and
urbil an atimication dmnoustmtez�
I Special Conditions, nut spatial onallims and circumstances exist whichato
pentiar to the land, structure, or building involved and which no list applicsili
to other lards, structures or builai no me same district,
Finding; This structure was built prior In the adoption of current zoning regulations.
Access is provided as w ellas space between buildings and between the
structure and the public right-of-way. This structure is similar in cluareacter,
size and location to oders on the striet.
2. Deprivationofflighn. That litional inuaturection of the provisions of the zoning
regulations would &prive [lie applinuit of rights commonly cammad by other
names ties in the same district uni me (Ann of the young regailations.
Finding; Liberal Interpretation of the provisions of date zoning regulations would not
permit the applicant to rebuild this structure an lts current loation if it were
substantially damaged or destroyed.
3. RemItingActions. that the spcitual cambrom mad circumstances do not wsult
from the callous orthe applicant.
K Juniss IM41BOA Roeel,W�07 Ma,u 04 1208 otw��&. September 7,2004
Board ofaum,fimout
BOA 04 1208(Spain,)
Page 3.2