Loading...
HomeMy WebLinkAbout2001-02-05 - Agendas FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:501-575-8264 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment will be held Monday, February 5, 2001, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain, Fayetteville,AR, 72701. The following items will be considered: Approval of minutes from the meeting of January 2,2001. 1. BA 01-1.00 Variance(Sutherland,pp 598)was submitted by Mike Henry on behalf of Teresa Sutherland for property located 1935 Arrowhead. The property is zoned R-2, Medium Density Residential and contains approximately 0.28 acres. The requirement is for a 25' front setback. The requirement is for a 25' front setback. The request is for a 20.3' front setback(a 47 variance) for the house and a 15.2 front setback(a 9.8'variance)for the deck. 2. BA 01-2.00: Variance(Andrews,pp 442)was submitted by David Andrews for property located at 2025 Wedington Drive. The property is zoned R-1,Low Density Residential and contains approximately 0.45 acres. The requirement is for a 8' side set back and 20'rear setback. The request is for a 3' side setback(a 5'variance)and a I F rear setback(a 9'variance). 3. BA 01-3.00: Variance(Frohnheiser, pp 399)was submitted by Harold W. Frolmheiser for property located at 1183 Fieldstone. The property is zoned R-1,Low Density Residential and contains approximately 0.26 acres. The requirement is for a 25'front setback. Therequestisfor a 22.9' front setback(a 2.F variance). 4. Discussion of Raley v City of Fayetteville,Washington County CIV.98-1097: BA 98-26.00. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data is open and available for inspection in the Office of City Planning(575-8264),City Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Don Bunn at 575-8330. FAYETTEVILLE TEE CHY OF FAYETTEVrLLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(501)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Dawn T. Warrick, Planner THRU: Tim Conklin, City Planner DATE: February 5, 2001 BA 01-1.00 Variance(Sutherland,pp 598)was submitted by Mike Henry on behalf of Teresa Sutherland for property located 1935 Arrowhead. The property is zoned R-2, Medium Density Residential and contains approximately 0.28 acres. The requirement is for a 25'front setback. The request is for a 20.3'front setback(a 47variance)for the house and a 15.2 front setback(a 9.8'variance) for the deck. RECONMIENDATION: Staff recommends approval of the requested setback variances as shown on the attached site plan. Ordinance Requirement Applicant's Request Front setback (house) 25' 20.3' (a 4.7'variance) Front setback(deck) 25' 15.2' (a 9.8' variance) BACKGROUND: This structure was built in 1964 according to information provided by the applicant's representative. The City's current zoning ordinance was adopted in 1970 and as a result, this structure was made non-conforming. The applicant is requesting at this time that variances be granted which would make the house and deck conforming. Staff is recommending that the setback variance for the deck not apply for the entire structure, which could in the future result in a new house being place 15.2' from the front property line, however, a landing or deck of some sort is necessary to access the front door. Due to the slope of the property, any landing or deck would be taller than 30" and would have to comply with setback requirements if a variance were not in place. Therefore, separate variances need to be considered for the house and the deck. H.I USERSCO&MOND-IWNTLREPORMBOA 12-5-01 1"Iherland.wpd Board ofAdjustment February 5, 2001 BA01-1 Sutherland Page 1.1 SURROUNDING LAND USE AND ZONING North: Single family dwelling, R-2 South: Single family dwelling, R-2 East: Single family dwelling, R-2 West: Single family dwelling, R-2 GENERAL PLAN DESIGNATION Residential FINDINGS: § 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1 Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: The structure was constructed prior to the current zoning regulations. The deck is necessary to access the front door and due to the slope of the property,the deck is taller than 30" and must meet the required front setback. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: The literal interpretation of the provisions of the zoning regulations would not permit and enlargement or other expansion of a non-conforming structure. The applicant would not be able to add onto the existing structure or rebuild in the same location should a variance not be approved. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The need for a variance was not a result of actions of the applicant. The structure was built before the adoption of the City's current zoning ordinance. 4. No Special Privileges. That granting the variance requested will not confer on H.-I USERSICOA"ONDA WMIREPORTSMA 12-5-01 Imthertand.Vpd Board of Adjustment February 5, 2001 BA01-1 Sutherland Page 1.2 the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the variance requested will not confer on the applicant any special- privilege that is denied by the zoning regulations to other lands,structures or buildings in the same district, The land use restrictions of the R-2 district will apply regardless of whether the variance is approved. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the --issuance of avariance. Finding: No nonconforming uses were considered as a part of the review of this application. § 156.02 C. Consideration by the Board of Adjustment. -L- Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for February 5, 2001. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. �,(L), Harmony with,General Purpose. The Boar&of Adjustment shall further-make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting the requested variance is in harmony with the general purpose and intent of the City's zoning regulations and will not be injurious to the neizhborhood, or otherwise detrimental to the public welfare. (2.) Reasons set forth in the application justify granting the variance, and that the variance is the minimum variance that will make possible the reasonable use of ILI USERSICOAWONDAWNTUEPORYSWA 12-5-01�mtherland.wpd Board ofAdjustment February 5, 2001 BAOI-1 Sutherland Page 1.3 the land, building, or structure. Finding: The reasons set forth in the application justify granting the variances. The variances requested are the minimum variances necessary to make the existing structure and deck conform to current City requirements. b. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: N/A C. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district -involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: N/A H.,I USERSICOAfffONDAkVNTV"ORTMROA 12-5-01 1"therland wpd Board o(Adjustment February 5, 2001 BAOI-1 Sutherland Page 1.4 §161.06 DISTRICT R-2 MEDIUM DENSITY 2. Lot Area Minimum. RESIDENTIAL Mobile Home Park 3 Acres A.Purpose. The High Density Residential Lot Within a Mobile 4,200 Sq.Ft. District is designed to permit and encourage the ------ -Home Park developing of a variety of dwelling types in suitable environments in a variety of densities. Row House: Development 10,000 Sq.Ft. Individual Lot 2,500 Sq.Ft. B.Uses. i:Uses Permitted. -Single-Famfly 6,000 Sq.Ft. unit I City-Wide Uses by Right Two-Family 7,000 Sq.Ft. Unit 8 Single-Family Dwellings Three or More 9,000 Sq.Ft. unit 9 Multifamily Dwellings-Medium Fraternity or Sorority 2 Acres Density Professional Offices I Acre 2. Uses Permissible on Appeal to the Planning Commission. 3. Land Area Per Dwelling Unit. Unit 2 City-Wide Uses by Conditional Use Mobile Home 3,000 Sq.Ft. Permit --- - Apartments: Unit 3 Public Protection and Utility Facilities - Two or More 21000 Sq.Ft. Bedrooms Unit 4 Cultural and Recreational Facilities One Bedroom 1,700 Sq.Ft. unit I I Mobile Home Park No Bedroom 1,700 Sq.Ft. or Sorority 1,001)Sq.Ft.per Unit 25 1 Professional Offices Resident C. Density. Families Per Acre 4 to 24 E.Yard Requirements(feet). FRONTYARD SIDEYARD - REAR D.Bulk and Area Regulations. YARD 1. Lot Width Minimum. 25 8 25 Mobile Home Park, 100 Feet Cross Reference: Variances'Chapter 156. ..... Lot within a Mobile 50 Feet Home Park F. Height Regulations.Any building which exceeds the height of 20 feet shall be set back One Family 60 Feet from any side boundary line an additional distance of Two Family 60 Feet one foot for each foot of height in excess of 20 feet. Three or More 90 Feet (Code 1991, § 160.033; Code 1965,App.A,Art, Professional Offices 100 Feet 5(111);Ord.No.2320,4-5-77;Ord.No. 2700,2-2-81) H.'IUSERS�COA"ONDAWNTLREPORTS�B0,412-5-Olimtherland.wpd Board ofAdjustment February 5, 2001 B,401-1 Sutherland Page 1.5 3589 N.COLLEGE AVE. FAYETTEVILLE,AR 72703 BUS.(501)521-0220 TOLL FREE(800)293-0220 FALICETTE REAL ESTATE January 15, 2001 Chairman Fayetteville Board of Adjustment 113 West Mountain Fayetteville, AR 72701 Subject: 1935 Arrowhead I with the A recent survey revealed that the subject property is not in comp iance City's 25 foot setback requirement. The structure was built in 1964 and has been in non-compliance ever since. Teresa Sutherland acquired the property on December 29, 2000. She is requesting a variance to allow a setback of 15.2 feet from the front property line. Granting the variance will have no effect on the property owners surrounding the subject property. Outside of a variance there exists no other remedy to this problem. Sincerely �Zv� Mike Henry Executive Broker Coldwell Banker Faucette Real Estate Board ofAdjustment February 5, 2001 BA01-1 Sutherland Each Office is Independeriffy Owned And Operated. Page 1.6 —ARROW-HEAD STREET (ASPHALT) S89039'00"E (P) 84.65' 84.60 2 SWALE R� d I'- 27.60 2.W 25.BLD.STBK. S8$WW'E 1 NW39'&)'-W 3mi.—W 37.641 I STORY ROOF - i M OVERHANG BRICK 8, FRAME I co� HOUSE 1935 b 2 .......... I T s PR METAL SHED N3.3' (0 STATEOF N Ji' KA AN 5'UTIL.ESMT. 12.W SIGNATURE ---------—-------------- 0 --------- Q, P N89020'56,"W IN N89'39'W 84.65' % ......... 84.65' ...........L LEGA,L DESCRIMON LOT NUMBERED TWO(2)IN BLOCK NUMBERED THREE(3)OF RED ARROW SUBDIVISION,NO.2,TO THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,ARKANSAS. BUYER:TERESA 1.SUTHERLAND SELLER:GWEN&LEONARD STALLMAN LEGEND ADDRESS:1935 ARROWHEAD STREET FOUND IRON PIN FAYETTEVILLE,ARKANSAS (D FOUND PIPE 0 CONCRETE MONUMENT 20 0 20 40 60 0 FOUND R.R. SPIKE iffiffiffi ! i i 0 SET IRON PIN GRAPHIC SCALE FEET Q) COTTON SPINDLE + COMPUTED CORNER L R� MON. X CHISLED 'X Alan Reid NAM COLDWELL BANKER '8 ' COLLEGE AVE. C ITY FAYETTEVILLE ICWNTY WASHINGTON IAIET;EVILLE AR 72701 8 ASSOCIAT S 501 444 878� PROFESSIONAL STATE ARKANSAS JDATE JANUARY 17, 2001 LAND F.. 444 0964 SURVEYORS SCALE JOB NO. 00565 Board ofAdjustment February 5, 2001 BA01-1 Sutherland Page 1.7 0 BA01 - 1 Sutherland lose Up_ LJ 0 D c-1 C-1 0 R-2 0 R-2 C� FTO R-2 R-2 L--J R-2 Subject Property ED ED [�]j = R-2 E3 En C::1 121-� R-2 CD R-2 (7) s Streets Zoning Districts Structures(1998) N Ba011-1.shp Master Street Classifications 100 0 100 200 Feet �/.,VCOLLECTOR w E FREEWAY/EXPRESSWAY rmmmm��� 'MINORARTERIAL PRINCIPAL ARTERIAL Board ofAdjustment 4q,//HISTORIC COLLECTOR February 5, 2001 t5 Design Overlay District BA01-1 Sutherland Page 1.8 BA01 - 1 SuMerland One Aile Radius % I -J I _J 0 LU rn L--J � 0 rtv Subject Prop �j //V Streets =Zoning Districts N =Ba01-1.shp 0.2 0 0.2 0.4 Miles Master Street Classifications COLLECTOR FREEWAY11EXPRESSWAY MINOR ARTERIAL W E PRINCIPAL ARTERIAL B o a d of A+jeont HISTORIC COLLECTOR iiDesign Overlay District February 5, 2 0 BA01-1 Sutherland Page 1.9 Board ofAdjustment February 5, 2001 BAOI-1 Sutherland Page ].10 FAYETTEVILLE UM CITY OF FAYETT]EVMLE,AlUC4NSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(501)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Dawn T. Warrick, Planner THRIJ: Tim Conklin, City Planner DATE: February 5, 2001 BA 01-2.00: Variance (Andrews,pp 442)was submitted by David Andrews for property located at 2025 Wedington Drive. The property is zoned R-1,Low Density Residential and contains approximately 0.45acres. The requirement is for a 8'side setback and 20'rear setback. The request is for a Yside setback(a 5'variance) and a I Prear setback(a 9'variance). RECONEVIENDATION: Staff recommends approval of the setback variances for the existing storage shed and for the proposed as described below and shown on the attached site plan.. Ordinance Requirement Applicant's Request Side setback(RV cover & 8t 3' (a 5'variance) shed) Rear setback(shed) 20' 11' (a 9' variance) BACKGROUND: The applicant has requested variances which would make an existing storage shed and a proposed RV cover compliant with current zoning requirements. The storage shed,located at the southeast corner of the property was erected in 1970 and placed 3' from the east side property line and 11' from the rear property line. The variance request submitted by the applicant is to cover this existing structure as well as the entire eastern property line,which will accommodate the proposed RV cover,with a 3' side setback requirement. Staff feels that the variance for the side setback should only cover the existing and proposed structures. The property is approximately 226' long(north to south)which leaves a large area for additional structures. It would not appropriate to grant a blanket variance for this side of the property without knowing what types of structures may be erected in this area in the future. H.�USERffiCOARJONU)AWNTBFPORYSBOA 12-5-Mandrms.wpd Board ofAdjustment February 5, 2001 BA01-2Andrews Page 2.1 SURROUNDING LAND USE AND ZONING North: Single family home, R-1 South: Single family home, R-I East: Single family home, R-I West: Single family home, R-1 GENERAL PLAN DESIGNATION Residential FINDINGS: § 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1. Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: Unable to make finding. There are no special conditions or circumstances unique to this land or structure. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of the provisions of the zoning regulations would not deprive the applicant of rights commonly enjoyed by other properties within the same district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The RV is parked on the site currently without a cover. The applicant's desire for a shelter for the RV is what makes the variance necessary. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. H.IUSFR,'�tCOAAfOND-49WYV?EPORTStBO,412-5-01�andrews.wpd Board ofAdjustment February 5, 2001 BA01-2 Andrews Page 2.2 Finding: Granting the variance requested will confer on the applicant the special privilege of a 3' side setback as opposed to the standard 8'. The land use restrictions of the R-1 district would apply regardless of whether the variance is approved. 5. Nonconforming Uses. Nononconforming use of neighboring lands, structures, - or buildings in the�sam�district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No nonconforming uses were considered as a part of the review of this application. ------ § 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. -2. Public Hearing. A public hearing shall be held. Findinj� —A-pabl-icbearingis scheduled for February 5, 2001. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. (L) Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose-and-intem.of Zoning, Chaplers-MO-1 65, andw ill-not be-injurious to the neighborhood, orotherwise detrimental to the public welfare.-- Finding: Granting the variance will be in harmony with the general purpose and intent of the City's zoning regulations. The use of this part of the applicant's property has already been established for parking the RV, having a cover --over the vehicle will not change the use of that portion of the property. The _granting of these variances with regard to the RV cover and storage shed will --not be injurious tothe neighborhood or otherwise detrimental to the public ---- welfare.- -- (2.) Reasons set forth in the application justify granting the variance, and that the H.- USERSICOMOONDA WN=ORTSWA 12-5-01 kandrews.wpd Board ofAdjustment February 5, 2001 BAOI-2Andrews Page 2.3 variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: The requested variances (if restricted to the specific structures) are the minimum variances needed in order to accommodate the existing shed and the proposed RV cover. b. Conditions and Safeguards. In granting any variance, the Board of Adjustment -may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Restricting the variance request to the specific buildings (existing shed and proposed RV cover) is recommended. C. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: N/A H.,I USERStCOA"ONDAWN=ORTS�80.412-5-01�andrews.wpd Board ofAdjustment February 5, 2001 BAOI-2Andrews Page 2.4 § 161.04 DISTRICT R-1: LOW D. Bulk and Area Regulations. DENSITY RESIDENTIAL. Single- Two-Family A. Purpose. The Low Density Family Residential District is designed to permit Lot 70 ft. 80 ft. and encourage the development of low Minimum density detached dwellings in suitable Width environments, as well as to protect existing development of these types. Lot Area 8,000 sq. ft. 12,000 sq.ft. Minimum B. Uses. Land Area 8,000 sq. ft. 6,000 sq. ft. Per 1. Permitted Uses. Dwelling Unit I City-Wide Uses by Right Unit Unit 26 Single-Family Dwelling E. Yard Requirements (feet). 2. UsesPermissible on FRONT SIDE REAR Appeal to the Planning Commission. YARD YARD . YARD Unit 2 City-Wide Uses by Conditional 25 8 20 Use Permit Unit 3 Public Protection and Utility F. Building Area. On any lot the Facilities area occupied by all buildings shall not exceed 40% of the total area of such lot. Unit 4 Cultural and Recreational Facilities (Code 1991, §160.031) Unit 8 Single-Family and Two- Family Dwellings C. Density. SINGLE- TWO FAMILY FAMILY DWELLINGS DWELLINGS 4 or Less Families 7 or Less Families Per Acre Per Acre H.,I USFRSICOAMONDAWNYVE-PORYMBOA 12-5-01 landrews.wpd Board ofAdjustment February 5, 2001 BA01-2Andrews Page 2.5 January 18, 2001 Mr. Perkins Chair of board of adjustment City of Fayetteville--- Fayetteville, AR 72701 Dear Mr. Perkins: I would like to put a cover over my RV on the east side of my house. This will protect the RV from the sun and weather elements. Trees have been planted on the west side of my neighbor's property from which dead limbs often fall. These dead limbs sometimes are large enough to damage the roof of my RV. We sought every possible option to put the RV on the south side of the house, but due to the narrow nature of the lot plus other factors, determined none of the options were feasible. The proposed RV cover would extend east from the house 13' and 4" over the existing concrete pad which is 11 feet wide (shown on the site plan). I also would like to include the storage shed (1 O' x 24') that was built in 1970 and is located in the southeast corner of my lot # 13862 (shown on site plan). I would like to request that the east side set-back be three feet and extend the entire length of the property and that the rear set-back be 11 feet. Sincerely, David Andrews 2025 Wedington Drive Fayetteville, AR 72701 Board ofAdjustment February 5, 2001 BAOI-2Andrews Page 2.6 Description: RV Cover: I would like to put a cover over my RV on the east side of my house (shown on site plan) to protect the RV from the sun and weather elements. Trees have been planted on the west side of my neighbor's property from which dead limbs sometimes fall which could damage the roof of my RV. I would like to build a cover of approximately 32 feet long (north and south) to the east end of the house with four 4-inch steel posts supporting the east side of the cover with the west side of the cover attached to the house. The cover would have gable end (extension of house gable) of 2 x 6 construction with plywood siding for the gable end with either (1/2 inch superply 5 ply) or (5/8 inch 4 ply). Other end to_be "ponywall"_2 x_4 structure with plywood siding at east end of house (west side of the cover). All of the roof to be of wood frame with 2 x 8 rafters and facia with X bracing and hurricane straps. Roof decking to be white ribbed metal fastened with metal screws. Concrete piers for the 4 posts to be 24 x 24 each. South run of the roof will be 16 feet, with the Wrth-run 18 feet. Width of cover will be 13 feet 4 inches from house foundation. Storage shed: I also would like to include the storage shed (10' x 24') located in the southeast corner of lot 13862 (shown on site plan) built in 1970. 1 would like to request that the east side set-back be 3 feet and extend the length of the property and that the rear set-back be 11 feet. Board of Adjustment February 5, 2001 BA01-2Andrews Page 2.7 C�- ,"Lp Board ofAdjustment February 5, 2001 BAOI-2 Andrews Page 2.8 v� 7�rA A rdMkt ;L6- W.4"Mat'" Dr. c Ll tv 9!;to ra she JK Board ofAdjustment February 5, 2001 JBAOI-2 Andrews Page 2.9 I BA01 �2-*Andrews Close Up L,J L� 1) [1 0 L] I R-1 ID n LEI R-1 R-1 0 R-1 D R-2 R-1 DD Ezi R- L�J Subject Property CD EE� E;] ED 0 ,11 F--� Q - R-1 EQ E R-1 0 E:� ED R-1 E:�] El ED Ef F--� E R-1 ED Q Parcel Polygons Streets N Zoning Districts Structures(1998) Ba01-2.shp 90 0 90 180 Feet Master Street Classifications W E COLLECTOR YIEXPRESSWAY -�-=RTERIAL PRINCIPAL ARTERIAL BoarkofAdjustment HISTORIC COLLECTOR February 5, 2001 BA01-2 Andrews Page 2.10 BA01 -2 AncTrews One NMe Radius F Im Board ofAdjustment February 5, 2001 BAOI-2Andrews Page 2.12 FAYETTEVILLE TBE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St Fayetteville,AR 72701 Telephone:(501)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Dawn T. Warrick, Planner THRU: Tim Conklin, City Planner DATE: February 5, 2001 BA 01-3.00: Variance(Frolmheiser,pp 399)was submitted by Harold W. Frohribelser for property located at 1183 Fieldstone. The property is zoned R-1, Low Density Residential and contains approximately 0.26 acres. The requirement is for a 25' front setback. The request is for a 22.9'front setback(a 2.I'variance). RECONEWENDATION: Staff recommends approval of the requested 2.1' setback variance as shown on the attached site plan. Ordinance Requirement Applicant's Request Front setback(R-1) 25' 22.9' (2.1' variance) BACKGROUND: According to application information, this house was built in 1995. The encroachment was not discovered until the property was surveyed in order to transfer tide. The existing structure in the area of the garage is 22.9' from the front property line. A variance of 2.1' is being requested at this time in order for the new owner to obtain clear title of the home. SURROUNDING LAND USE AND ZONING North: Single Family Residence, R-1 South: Single Family Residence, R-I East: Single Family Residence, R-1 West: Single Family Residence, R-1 GENERAL PLAN DESIGNATION Residential H.-I USFBSi CO&WONDA WNMEPOR MB0,4 12-5-01 1frohnheiser.wpd Board ofAdjustment Fehruaty 5, 2001 BA01-3 Frohnheiser Page 3.1 FINDINGS: § 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1. Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: Unable to make finding. There are no special conditions or circumstances unique to this land or structure. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning. regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: The literal interpretation of the provisions of the zoning regulations would not permit and enlargement or other expansion of a non-conforming structure. The applicant would not be able to add onto the existing structure or rebuild in the same location should a variance not be approved. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The need for a variance was not a result of actions of the applicant. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning regulations to other lands, structures or buildings in the same district. The land use restrictions of the R-1 district would apply regardless of whether the variance is approved. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. H.IUSERSICOAEvIONDAWNYTEPORIStBOAl2-5-01�frohnheiserwpd Board ofAdjustment February 5, 2001 BA01-3 Frohnheiser Page 3.2 Finding: No nonconforming uses were considered as a part of the review of this application. § 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area.-- Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. _-Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for February 5,2001. 3. Findings. The Board of Adjustment shall make the following findings: a. Mnimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. (L) -- Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting the requested variance is in harmony with the general purpose and intent of the City's zoning regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (2.) Reasons set forth in the application justify granting the variance, and that the --variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: - The applicant did not cause—the—need for this request—and--se—eksciar title of the currently nonconforming structure. The requested variance of 2.1' is the minimum variance that will make the existing structure conform to current zoning requirements. b. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: N/A H.tUSERSACOAAIONDATVNTIREPORYS�BO-4�2-5-01 lfrohnheiserwpd Board ofAdjustment February 5, 2001 BAOI-3 Frohnheiser Page 3.3 C. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: N/A H.,I USERSICOAMONDAWN71WORTSOO-4 U-5-01�rmhnheisenwpd Board ofAdjustment February 5, 2001 BA01-3 Frohnheiser Page 3.4 § 161.04 DISTRICT R-1: LOW D. Bulk and Area Regulations. DENSITY RESIDENTIAL. Single- Two-Family A. Purpose--Tbe Low Density Family Residential District is designed to permit Lot 70 ft. 80 ft. and encourage the development of low Minimum density detached dwellings in suitable Width environments, as well as to protect existing development of these types. Lot Area 8,000 sq. ft. 12,000 sq.ft. Minimum B. Uses. Land Area 8,000 sq. ft. 6,000 sq. ft. Per 1. Permitted Uses. Dwelling Unit I City-Wide Uses by Right Unit Unit 26 Single-Family Dwelling E. Yard Requirements (feet). 2. UsesPermissible on FRONT SIDE REAR Appeal to the Planning Commission. YARD YARD YARD Unit 2 - City�de Uses by Conditional 25- 8 20 Use Permit F. Building Area. On any lot the Unit 3 Public Protection and Utility Facilities area occupied by all buildings shall not exceed 40% of the total area of such lot. Unit 4 Cultural and Recreational Facilities (Code 1991, §160.031) Unit 8 Single-Family and_Two- Family Dwellings C. Density. SINGLE- TWO FAMILY FAMILY DWELLINGS DWELLINGS 4 or Less Families 7 or Less Families Per Acre Per Acre H.'IUSFRSICOA-AfONDAWArYkREPORTSLOO-4�2-5-Offrohnheiser.wpd oard afAdiusunent February 5, 2001 BA01-3 Frohnheiser Page 3.5 AP RF/AW Associates, Inc. REALTORS@ 1088 East Millsap,Suite 1 Fayetteville,AR 72703 Office:(501)444-9400 Office:(501)6364300 Fax: (501)444-6441 To the Chair of The Board of Adjustments: A. This home was built in 1995 and is encroaching a few inches in the 2511. Building setback. The new owners request that the city grant a variance to insure a clean title for the property. B. The owners would like a titleMthout any encroachments. C. There are no special conditions. D. The granting of the variance will not grant any special privileges. Sincerely, John K. Carpenter Board ofAdjustment February 5, 2001 B,401-3 Frohnheiser Each Office is Independently Owned and Operated Page 3.6