HomeMy WebLinkAbout2001-06-04 - 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, June 4, 200 1, at 3:45 p.m. in
Room I I I of the City Administration Building, 113 West Mountain, Fayetteville, AR, 72701.
The following items will be considered:
Approval of minutes from the meeting of April 2,2001.
1. VAR 01-13.00: Variance(Vanneman,pp 447)was submitted by Donna Vanneman for
property located at 522 Fallin. The property is zoned R-1,Low Density Residential and contains
approximately 0.16 acres. The requirement is 20' rear setback. The request is a 15'rear setback
(a 5'variance).
2. VAR 01-8.00: Variance(Harden,pp 610)was submitted by Roderick W.Harden for property
located at 5169 Cattail Court. The property is zoned R-1,Low Density Residential and contains
approximately 0.34 acres. The requirement is a 20'rear setback. The request is a 10' rear setback
(a 10'variance).
3. VAR 01-10.00:Variance(Ostner,pp 523)was submitted by Alan Ostner for property located
at 312 S.Block. The property is zoned R-2, Medium Density Residential and contains
approximately 0.09 acres. The requirement is 7,000 square feet per lot,25'front set back, 8' side
setback and 25'rear setback. The request is a 4,087 square feet lot(a 2,913 square feet variance),
a 13' front setback(a 12'variance),a P side setback(a Tvariance), and 15'rear setback(a 10'
variance).
4. VAR 01-11.00: Variance(Stiles,pp 523)was submitted by Bill& Sharon Stiles for property
located at 117 W. Rock Avenue. The property is zoned R-0,Residential Office and contains
approximately 0.46 acres. The requirement is a 50' from setback(north)and a 30'front setback
(west). The request is a 36'from setback(north)(a 14'variance)and 10' front setback(west)(a
20'variance).
5. VAR 01-12.00: Variance(Bundsgaard,pp 254)was submitted by Richard Bundsgaard for
property located at 3235 Charing Cross. The property is zoned R-1,Low Density Residential and
contains approximately 0.13 acres. The requirement is a 20'rear setback. The request is a 14'
setback(a 6'variance).
6. VAR 01-7.00: Variance(Hatcher,pp 367)was submitted by Rudy Hatcher for property
located at 352 W. Sycamore. The property is zoned R-1,Low Density Residential and contains
approximately 0.27 acres. The requirement is a 25'front setback from the right-of-way required
for Sycamore Street which is designated a collector(70'total right-of-way)on the City's adopted
Master Street Plan . The request is a 14' front setback from the MSP right-of-way(an I P
variance).
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
TBE CITY OF FAYETTEVILLE,ARKANSAS
113W. 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, A.I.C.P., City Planner
DATE: June 4, 2001
VAR 01-13.00: Variance (Vanneman,pp 447)was submitted by Donna Vanneman for property located
at 522 Fallin. The property is zoned R-1,Low Density Residential and contains approximately 0.16
acres. The requirement is 20'rear setback. The request is a 15'rear setback(a 5'variance).
RECONIM:ENDATION:
Staff recommends denial of the requested 5' rear setback variance as shown on the
attached site plan.
Should the Board of Adjustment choose to approve the requested variance, staff
recommends the following condition:
1. The accessory building shall not be converted to serve as a detached second dwelling
unit without Planning Commission approval of a conditional use permit.
Ordinance Requirement Applicant's Request
Rear setback 20' 15' (5' vari
BACKGROUND:
The subject property is an owner occupied, nonconforming lot which has 50 feet of lot
width (70 feet are required) and 7,000 s.f. of lot area (8,000 s.f. is required). On February
1,2001,the Subdivision Committee of the Fayetteville Planning Commission approved
additions to this single family home at the applicant's request and as allowed under
§164.07(H)- see attached. Those proposed additions included a new landing at the front
door, a deck and stairs above the walk-out basement door and a deck on the rear of the
structure which could later be converted into a sunroom. At this time, a building permit
H.,I UMS�COA�MONDA MA7W-POR TSBO,416-4-01 Ivanneman.wpd
Board ofAdjustment
June 4, 2001
VAROI-13 Yanneman
Page 1.1
has been issued for the deck above the walk-out basement door; no other permits have
been requested.
In reviewing aerial photography of this site as well as a site visit by staff reveal the area
immediately behind the house as more clear of trees and on less of a slope than the area at
or near the rear property line. The area at the back of the house, previously targeted for
construction of a deck or sunroom would provide adequate space for the proposed
accessory structure to meet required building setbacks.
Staff is unable to make several of the findings necessarj to recommend approval of the
requested variance. On a lot that is already non-conforming, accessory structures are
permitted, however the zoning ordinance specifically requires that"An owner-occupied
nonconforming residence so expanded or any accessorry structure so located may be
enlarged, extended, constructed, reconstructed,structurally altered, or located in
conformily with the bulk and area regulations,yard requirements, and building area
requirements in the R-1,low densijy residential district."
Comments:
SURROUNDING LAND USE AND ZONING
North: Single family residence, R-I
South: Vacant, R-I
East: Single family residence, R-I
West: Single family residence, R-I
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.
H.'IUSERSICOI�,MONDAWIVYT"ORTSIBO,416-4-Olivanneman.wpd
Board ofAdjustment
June 4, 2001
VAROI-13 Vanneman
Page 1.2
Finding: Unable to make finding.
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: Unable to make finding.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: Unable to make finding.
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 confer on the applicant the ability to
construct a building which encroaches required setbacks and would
otherwise be denied by current zoning regulations.
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.
Finding: No nonconforming uses or structures were used as a basis of staff findings or
this report.
§ 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 June 4, 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
H:I USERSACOAA40NIDAWNTLRF-PORYSOOA�6-4-01 Ivanneman.wpd
Board ofAdjustment
June 4, 2001
VAROI-13 Vanneman
Page 1.3
make possible the reasonable use of the land, building, or structure.
Finding: Unable to make finding.
(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: While granting the requested variance will not be injurious to the
neighborhood, it is not in harmony with the general purpose and intent of
zoning regulations which were designed to provide for open space, air
circulation,visual distance and access between structures on adjacent lots.
(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: Unable to make finding.
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.,�USERSICOAMOA�DAPYN71REPORTSIBO,4�6-4-01 Ivanneman.wpd
Board ofAdjustment
June 4, 2001
VAROI-13 Vanneman
Page 1.4
§ 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
F. Building Area. On any lot the
Unit 3 Public Protection and Utility area occupied by all buildings shall not
Facilities exceed 40%of the total area of such lot.
Unit 4 Cultural and Recreational
Facilities (Code 199 1, §160.03 1)
Unit 8 Single-Family and Two-
Family Dwellings
C. Density.
SINGLE-
I TWO FAMILY
FAMILY DWELLINGS
DWELLINGS
4 or Less Families 7 or Less Families
Per Acre Per Acre
H.,�USERSICOAAMNOA WNTUMPORT"0A�64-01 Ivanneman.wpd
Board ofAdjustment
June 4, 2001
VAROI-13 Vanneman
Page 1.5
§164.07 NONCONFORMING USES AND STRUCTURES.
A. Intent.
1. Within the districts established by this chapter or amendments that may later
be adopted, if there exist lots, structure, uses of land and structures, and characteristics of use
which are lawful before this chapter was passed or amended, but which would be prohibited,
regulated, or restricted under the terms of this chapter or future amendment, it is the intent of this
chapter to permit these nonconformities to continue until they are removed, but not to encourage
their survival. It is further the intent of this chapter that nonconformities shall not be enlarged
upon, expanded, or extended, nor be used as grounds for adding other structures or uses
prohibited elsewhere in the same district.
2. It is not the intent of this section to prohibit the improvement of
nonconforming residences by adding bath facilities or connecting to utilities as long as the bulk
and area requirements of the R-3 District are met.
3. Nonconforming uses are declared by this chapter to be incompatible with
permitted uses in the districts involved.
4. A nonconforming use of a structure, a nonconforming use of land, or a
nonconforming use of a structure and land in combination shall not be extended or enlarged after
passage of this chapter by the addition of other uses of a nature which would be prohibited
generally in the district involved.
(Code 199 1, §160.135; Code 1965, App. A, Art 4(l); Ord. No. 1747, 6-29-70; Ord. No. 1918, 5-
15-83; Ord. No. 2126, 7-14-75)
B. Nonconforming Lots of Record.
1. In any district in which single-family dwellings are permitted, a single-family
dwellings and customary accessory buildings mu be erected on any single lot of record at the
effective date of adoption or amendment of this chgpter, notwithstanding limitations imposed by
other provisions of this chgpter Such lot must be in separate ownership and not of continuous
frontage with other lots in the same ownership. This provision shall apply even though such lot
fails to meet the requirements for area or width, or both, that are generally applicable in the
district, provided that yard dimensions and requirements other than these applying to area or
width, of both, of the lot shall conform to the regulations for the district in which such lot is
located. hi a previously developed subdivision, platted prior to June 29, 1970, and with the
approval of the subdivision committee, a new single-family dwelling or an addition or repair to
an existing single-family dwelling may be constructed in all residential zones in keeping with the
existing standard in the neighborhood so long as the interior side setback is no less than five feet.
Variance of yard requirements shall be obtained only through action of the board of adjustment.
H.,I USERS1 C0&a101VDA WNYTEPOR MBO,4164-01 I vanneman.wpd
Board ofAdjustment
June 4, 2001
VAROI-13 Panneman
Page 1.6
2. If two or more or combination of lots and portion of lots with continuous
frontage in single ownership are of record at the time of passage or amendment of this chapter,
and if all parts of the lots do not meet the requirements established for lot width and area, the
lands involved shall be considered to be an undivided parcel for parcel the purposes of this
chapter, and no portion of said parcel shall be used or sold in a manner which diminishes
compliance with lot width and area requirements established by this chapter, nor shall any
division of any parcel be made which creates a lot with width or area below the requirements
stated in this chapter. The prohibition prescribed hereby shall not apply to a nonconforming lot
on which a principal structure existed on the effective date of adoption of this chapter and which
adjoins a nonconforming lot on which a principal structure existed on the effective date of the
adoption of this chapter.
(Code 1991, §160.136; Code 1965, App. A, Art. 4(2); Ord. No. 1747, 6-29-70; Ord. No. 2505, 2-
20-79; Ord. No. 3114, 9-3-85; Ord. No. 3124, 9-17-85)
C. Nonconforming Uses of Land (or Land with Minor Structures Only). Where at
the time of passage of this chapter lawful use of land exists which would not be permitted by the
regulations imposed by this chapter, and where such use involves no individual structure with a
replacement cost exceeding $1,000, the use may be continued so long as it remains otherwise
lawful, provided:
1. No such nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date of adoption or amendment
of this chapter.
2. No such nonconforming use shall be moved in whole or in part to any portion
of the lot or parcel other than that occupied by such use at the effective date of adoption or
amendment of this chapter.
3. If any such nonconforming use of land ceases for any reason for a period of
more than 120 days, any subsequent use of such land shall conform to the regulations in which
such land is located; and
4. No additional structure not conforming to the requirements of this chapter shall
be erected in connection with such nonconforming use of land.
(Code 1991, §160.137; Code 1965, App. A, ArL 4(4); Ord. No. 1747, 6-29-70)
D. Nonconforming structures. Where a lawful structure exists at the effective date of
adoption or amendment of this chapter that could not be built under the terms of this chapter by
reason of restriction on areas, lot coverage, height, yards, its location in the lot, or other
requirements concerning the structure, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
H.-I USERSCOASdONDAWNTUREPORTSTOA 16-4-01 lvanneman.vpd
Board ofAdjustment
June 4, 2001
VAR01-13 Vanneman
Page 1.7
1.No such nonconforming structure may be enlarged or altered in a way which
increases its nonconformity but any structure or portion thereof may be altered to decrease its
nonconformity, provided, the following structures may be enlarged or altered as hereinafter
provided:
a. Nonconforming residential structures may be enlarged or altered by
increasing the height of said structures.
b. Carports in residential zones may extend into the required yard
setbacks if the carport is set back at least ten feet from the street right-of-way; the carport is set
back at least five feet from any interior side property line; the carport is set back at least ten feet
from the rear property line; the area below the roof is open on the sides; and the carport does not
materially obstruct vision.
c. In residential zones, detachable awnings which are not structurally a
part of the building may be erected in any required front yard or rear yard if the awning does not
project more than six feet. Detachable awnings which are not structurally a part of the building
and which project no more than four feet may be erected in any required interior side yard.
d. In residential zones, porch roofs and open porches may extend into
required yards by one foot on each side of the entry door to a maximum depth of six feet in
required front yards and rear yards and to a maximum depth of four feet in required interior side
yards.
2. Should such nonconforming structure or nonconforming portion of structure be
destroyed by any means to an extent of more than 50% of its replacement cost at time of
destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
3. Should such structure be moved for any reason for any distance whatever, it
shall thereafter confonn to the regulations for the district in which it is located after it is moved.
(Code 199 1, §160.13 8; Code 1965, App. A, Art. 4(4); Ord. No. 1747, 6-29-70; Ord. No. 3130,
10-1-85)
E. Nonconforming Uses of Structures or of Structures and Premises in
Combination. If lawful use involving individual structures with a replacement cost of$1,000 or
more, or of structure and premises in combination, exists at the effective date of adoption or
amendment of this chapter, that would not be allowed in the district under the terms of this
chapter the lawful use may be continued as long as it remains otherwise lawful, subject to the
following provisions:
1. No existing structure devoted to a use not permitted by this chapter in the
district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or
structurally altered except in changing the use of the structure to a use permitted in the district in
which it is located or as required by other ordinances;
H.-IUSERS�COM�iONU)AWNYW-PDRYS�6OA16-4-OPvanneman.wpd
Board ofAdjustment
June 4, 2001
VAROI-13 Vanneman
Page 1.8
2. Any nonconforming use may be extended throughout any parts of building
which were manifestly arranged or designed for such use at the time of adoption or amendment
of this chapter, but no such use shall be extended to occupy any land outside such building.
3. If no structural alterations are made, any nonconforming use of a structure, or
structure and premises, may as a conditional use be changed to another nonconforming use
provided that the Planning Commission, either by general rule or by making findings in the
specific case, shall find that the proposed use is equally appropriate or more appropriate to the
district that the existing nonconforming use. In permitting such change, the Planning
Commission may require appropriate conditions and safeguards in accord with the provisions of
this chapter.
4. Any structure, or structure and land in combination, in or on which a
nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations
for the district, and the nonconforming use may not thereafter be resumed;
5. When a nonconforming use of a structure, or structure and premises in
combination, is discontinued or abandoned for six consecutive months or for 18 months during
any three-year period (except where government action impedes access to the premises), the
structure or structure and premises in combination, shall not thereafter be used except in
conformity with the regulations of the district in which it is located;
6. Where nonconforming use status applies to a structure and premises in
combination, removal or destruction of the structure shall eliminate the nonconforming status of
the land. Destruction for the purpose of this division is defined as damage to an extent of more
than 50% (or other figure) of the replacement cost of time of destruction;
7. All outdoor advertising signs (billboards)not conforming with the provisions
of this chapter shall be removed within the period prescribed by §174.06.
(Code 1991, §160.139; Code 1965, App. A, Art. 4(5); Ord. No. 1747, 6-29-70; Ord. No. 1806, 7-
19-71; Ord. No. 2126, 7-15-75)
F. Repairs and Maintenance.
1. On any nonconforming structure or portion of a structure containing a
nonconforming use, work may be done in any period of 12 consecutive months on ordinary
repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an
extent not exceeding 10% of the current replacement cost of the nonconforming structure or
nonconforming portion of the structure as the case may be, provided that the cubic content
existing when it became nonconforming shall not be increased.
2. If a nonconforming structure or portion of a structure containing a nonconforming use
H.,I USF-RS�COA�afONDAWNYV?F-PORTMBOA 16-4-01 lvanneman.wpd
Board ofAdjustment
June 4, 2001
VAROI-13 Vanneman
Page 1.9
becomes physically unsafe, or unlawful due to lack or repairs and maintenance, and is declared
by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall
not thereafter be restored, repaired, or rebuilt, except in conformity with the regulations of the
district in which it is located or as required by other ordinances.
(Code 1991, §160.140; Code 1965, App. A, Art. 4(6); Ord. No. 1747, 6-29-70)
G. Conditional Use Provisions Not Nonconforming Uses. Any use which is permitted
as a conditional use in a district under the terms of this chapter(other than a change through
Planning Commission action from a nonconforming use to another use not generally permitted in
the district) shall not be deemed a nonconforming use in such district but shall be without further
action considered a conforming use.
(Code 199 1, §160.14 1; Code 1965, App. A, Art. 4(7); Ord. No. 1747, 6-29-70)
H. Owner-occupied Nonconforming Residences. Notwithstanding any other
provision in this subchapter, any owner-occupied nonconforming residence may be enlarged,
extended, constructed, reconstructed, or structurally altered to permit expansion up to 25% of the
square footage of the structure as it existed on the date it became nonconforming, and customary
accessory structures may be located on property where an owner-occupied nonconforming
residence is located subject to the following conditions: An owner-occul2ied nonconforming
residence so expanded or any accessory structure so located may be enlarged, extended,
constructed, reconstructed, structurally altered, or located in conformily with the bulk and area
regulations, yard reguirements, and building area requirements in the R-L low density residential
district.
(Code 1991, §160.42; Code 1965, App. A, Art. 5(8); Ord. No. 1747, 6-29-70; Ord. No. 1891, 12-
5-72)
H.-�USERSICOAA401V�D,4WNnREPORTS�B0,4�6-4-011vannemon.wpd
Board ofAdjustment
June 4, 2001
VAROI-13 Vanneman
Page 1.10
Chairman Donna Vanneman
Board of AdjustmentsNarlance 522 Fallin
City of Fayetteville, AR 72701 Fayetteville, AR 72701
(501)443-2508
RE: Variance on 522 Fallin for a Studio
May 21,2001
Dear Chair,
The four criteria that demonstrate the reason for the variance on the property are as fol-
lows:
1) There are six trees that have to be cut down with the 25 ft. setback on the rear of
the property -they being oak, cherry and hickory trees. Because Mountain View
sub-division was build in the 195(Ys, the land was cut in parcels not in code as
R-1 is today.
2) The property is level and sloped. With a 15 ft. setback with the building extending
another 16 ft. beyond that, the ground is verily level with the trees. After the trees
if s about 45 degrees slope to the retaining wall. The retaining wall is 15 ft. from the
back of the house. I am aware of the high-pressure gas line in the back the last 9
or 10 ft, of the property who I found out from Hank Kaminsky. I called Terry England
with the Gas Co.(they didnt respond) and the real estate off ice and the planning
co, found no variance or right of way. So, I assume the property would qualify for a
variance.
3) Being Handicapped I would like a studio nearby and I would like to preserve the trees.
4) This variance will allow an attractive building (*see the picture) that will enhance the
neighborhood.
Sinc�rely,
Donna Vanneman
Board ofAdjustment
June 4, 2001
VAROI-13 Vanneman
Page].I I
�;-4ft�y 7
16-4'Xa-0-
FLOOR PLAN
TT]—E= Tis large multi-level garden
shed can be easily modified to
become a boat house if yours is
0 011011010 a nautical family. It encompasses
a generous 320 square feet, plus a
convenient storage loft, and is totally
contemporary in design. As a lawn
or garden shed, there is ample room
for all your garden equipment, with
a separate area for potting plants.
The built-in potting bench features
removable planks to accommodate
Rats of flowers in various sizes. '17he
roomy loft provides 133 square feet
of safe storage area for chemicals,
fertilizers or other lawn-care products.
Natural light floods the interior
through multiple windows in the rear
wall and in the front, across from the
storage loft. This practical structure
FRONT ELEVATION can also be used as a studio or,placed
at the water's edge, it can be easily
converted to a boat house by adding
4'x4' columns used as piers in
lieu of the slab floor.
BoardQjustment
June 4, 2001
VAROI-13 nneman
Page 1.13
4T' 4.�
I V,
74
Board
ne
VAROI-13 Van�an
Page 1.14
VAR 01 -13. 00 VANNEMAN CLOSE UP
ll:� El Lj EJ
E--j E:::D 0 0
ED R-1 00 R-1
Ep C R-1
E:l D Do oil cl R
1:3
R-1
R-1
ED
[� �— 0 0
R-
R-1 CL
ED
Ej R-1
EM Do
R-1 LD R-1
0
R-2 OD R-2
El
Zoning N
STREEM 200 0 200 Feet
Build98poly.shp Board+ofAjustment
VarOl-13.shp June 4, 2001
VAROI-13 Vanneman
Page 1.15
VAR 01 -13. 00 VANNEMAN ONE MILE
ST
T
Subjed Pro
T
T
Lj
LUJ
El
Zoning
STREETS 0.5 0 0.5 Miles
Var01-13.shp Board qfA
June 4, 2001
VAROI-13 Vanneman
Page 1.16
FAYETTEVILLE
TIM CHY OF FAYEIUVMLE,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, A.I.C.P., City Planner
DATE: June 4, 2001
VAR 01-8.00: Variance(Harden,pp 610)was submitted by Roderick W. Harden for property located
at 5169 Cattail Court. The property is zoned R-1, Low Density Residential and contains approximately
0.34acres. The requirement is a 20'rear setback. The request is a 10'rear setback (a 10'variance).
RECOMMENDATION:
Staff recommends denial of the requested 10' rear setback variance as shown on the
attached site plan.
Ordinance Requirement Applicant's Request
Rear setback. F 20' 10' (10'variance)
BACKGROUND:
The subject property is located in the Sequoyah Meadows subdivision and is surrounded
on all sides by other single family homes. The applicant is requesting a variance in order to
erect a storage/shop building 10' into the required rear setback. In the submittal materials,
the applicant states that the reason for the variance request is aesthetics and the preferred
site on the property.
Staff was unable to make several of the required findings in order to recommend approval
of this request. There are no special conditions unique to this property such as terrain,
vegetation or other features or circumstances which would require the placement of the
proposed structure within the rear setback of the site. There is adequate land available on
this lot to erect the proposed 600 s.f. structure in a manner which complies with current
zoning requirements. Also,the need for this variance is caused by actions of the applicant.
H.*1 USERS�CO&WONDAWNTWEPORTSTOA 16-4-01 1harden.wpd
Board ofAdjustment
June 4, 2001
VAR01-8 Harden
Page 2.1
Comments:
SURROUNDING LAND USE AND ZONING
North: Single family residence, R-I
South: Single family residence, R-1
East: Single family residence, R-1
West: Single family residence, R-I
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.
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: Unable to make finding.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: Unable to make finding.
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.,I USERS1C0AM0NtD,4WNTtRU0RT"0A 16-4-01 kharden.wpd
Board ofAdjustment
June 4, 2001
VAR01-8 Harden
Page 2.2
Finding: Unable to make finding.
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.
Finding: No nonconforming uses or structures were used as a basis of staff findings or
this report.
§ 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 June 4,2001.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in ihe 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.
Finding: Unable to make finding.
(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: While granting the requested variance will not be injurious to the
neighborhood,it is not in harmony with the general purpose and intent of
zoning regulations which were designed to provide for open space, air
circulation,visual distance and access between structures on adjacent lots.
(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 requested variance is not necessary to make possible the reasonable use
H.,I USF-RS�COAWONDAWNTLREPORYYBO.416-4-01 1harden.upd
Board ofAdjustment
June 4, 2001
VAROJ-8 Harden
Page 2.3
of the subject property. An addition to the existing building for the proposed
use or the erection of the proposed building in compliance with current
setback requirements is possible in this location.
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.,�UMSICOA,,MONU)AWNYV?EPO,RTS�BOA16-4-011harden.wpd
Board ofAdjustment
June 4, 2001
VAROI-8 Harden
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 199 1, §160.03 1)
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 USFRSICOA�WONOAJf WTLREPORTSIB0,416-4-01 1harden.wpd
Board ofAdjustment
June 4, 2001
VAR01-8 Harden
Page 2.5
Chair of the Board of Adjustment May 16,2001
City of Fayetteville
Dear Sir or Madam,
This request is to receive a valiance to the 20-foot rear(south)setback at lot 44,
Sequoyah Meadows, 5169 Cattail Court Fayetteville, AR 72701. There is currently a
7.5-foot utility easement at the south edge of the property line. The setback would
require the south overhang of the proposed structure to be 20 feet from the south property
line. We request this setback be granted an exception to place the south overhang at 10
feet from the property line, which is well outside of the utility easement. The size and
shape of the rear yard area are not conducive to the 20-foot setback, This required
setback places the purposed structure too close to the primary residence and is not
aesthetically pleasing to the landscape. Placing the structure 10 feet from the south
property line is much more pleasing to the landscape and would be less intrusive on the
east neighboring property. This purposed site would also not interfere with any other
existing structure or adjacent lands. Conforming to the south setback as it is directed,
will not allow us to build the purposed structure without disrupting the aesthetics of the
property. The east adjoining property has a 20' X 20' wood frame shop structure that sits
well within the 20-foot setback and is not a hindrance to any adjacent properties. If the
aforementioned structure were conforming to the directed setback, it would cause my rear
yard area to be restricted. Placing my purposed structure in the directed setback would
do the same to this east adjoining property. Two other locations in our rear lawn area
were considered; however, these were in the south center and southwest comers, which
are less appealing to us and in all likelihood our neighbors. These latter locations will not
suffice due to existing landscape and are unattractive to the neighboring properties.
Granting this variance will not place me in any other condition not enjoyed by others in
my subdivision, as demonstrated by the other detached structures in the neighborhood.
Thank you in advance for your consideration and we hope you will favorably consider
this request.
—P-41
, � &'&� 0411—
Rod and Rhonda Harden
5169 Cattail Court
Fayetteville, AR 72701
501-582-4079 Home
501-530-5936 Cell
Board ofAdjustment
June 4, 2001
VAROI-8 Harden
Page 2.6
Description of Request
Construction of a 20' X 30', (600 SF), detached storage/shop building on a 4"thick
concrete slab. Wood frame walls and roof structure with blandex sheathing and white
vinyl 4" shiplab siding. Roof structure will have a I foot overhang and the roof material
will consist of matched architectural shingles to the residence. Structure will contain a
single metal garage door,one steel exterior door and three 3' X 4' windows matched to
the residence. Exterior approach lighting will be placed at the door entrances, ,Mth the
interior wired for basic electrical service. There will be no plumbing in the proposed
structure.
Board ofAdjustment
June 4, 2001
VAROI-8 Harden
Page 2.7
C/L CATTAIL COURT
RIW- F Y t.:
WEST -R/W
I Oc)Do,
8
25. �S.EL.8 U.E.
SIX
I STORY BRICK
5169
6
L 0 T 4 4
ao 30 0
0 z
7.5' UTILITY EA5EM NT
EAST 100.00
—10 Le, reC,4 pg�,ox 40
LOT FORTY-FOUR (44) OF SEQUOYAH MEADOWS, PHASE II, 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.
BUYERS: RODERICK & RONDA HARDEN
SELLERS: FEDERAL NATIONAL MORTGAGE ASSOCIATION
ADDRESS: 5169 CATTAIL COURT
FAYETTEVILLE, AR
L
............
LEGEND
3 0 0 30 60 90 0 FWND IRON PIN
0 SET IRON PIN
ON
GRAPHIC SCALE - FEET E03 rFIND CONC.
+ 'C� 'TE"
+ CALCUIATED POINT
APA Alan Reid NAM BRONSON ABSTRACT
1 1. A. COLLE.. AW. & ASSOCIATES CITY FAYETTEVLLE C�"Ty WASHINGTON
FAY TTEVILLE, AS 72701 PROFESS(ONA� STATE ARKANSAS JDATE
5GIC444 8784 LAND i 02/16,1998
Fox 444 W64 SURVEYORS SCALE I' - 30' jm No' 98038 Board ofAdjust7nent
June 4, 2001
VAR01-8 Harden
Page 2.8
VAR01 -8 iARDEN CL*OSE UP
----------
I
----------
R-1
---------- ------- ----------
- -- -------
R 1
L i
LY
----------- - -CATTAIC,
Subject Property
(P
M., 17 %
R-I
. .........
5
-----------
L-------- ---------
-----------------------------------
................ ------------------
---------------
Master Street Plan
Freeway/Expressway N
Principal Arterial
Minor Arterial W E
/Collector
�e Historical Collector
// Streets S
%.* Fayetteville City Limits
200 0 200 400 600 Feet Board ofAdjustment
June 4, 2001
VAROI-8 Harden
Page 2.9
VAR01 -8TiARDEN ORE MILE
1W
I R-1
J
A
z I
Z
0
R-1
Subject Property J
<
Z I
0
W
LW
W ---------
0
LUI
Master Street Plan
Freeway/Expressway
Principal Arterial
Minor Arterial W E
Collector
Historical Collector
Streets
-O*'-.'*Fayettevi lie City Limits
0.5 0 0.5 Miles Board ofAdjustinent
June 4, 2001
VAROI-8 Harden
Page 2.10