HomeMy WebLinkAbout2001-07-02 - Agendas JUN-28-2001 07:49 N W A TIMES 501 442 5477 P.01/01
01554945.ad G/27101 4:1.3 P 1 Job 4 0701 s386
CITY OF FAYETTEVILLE
AGENDA NOTICE
BOARD OF ADJUSTMENT
Monday, July 2, 2001 - 3:45 p.m.
City Administration Building, Room 111
113 West Mountain Fayetteville,Arkansas
PUBLIC MEETING - OPEN TO ALL
The following items will be considered:
Approval of minutes from the June 4, 2001 meeting.
+ Old Business:
VAR 01-13.00:Variance (Vanneman, pp 447) was
submitted by Donna Vanneman for property located at
522 Fall in. 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' variarice).
New Business:
VAR 01-15.00:Variance (Brock's, pp 286) was sub-
mitted by Greg Brockman of Brock's Inc. for property
located at 2483-2485 Jeremiah. The property is zoned
R-1.5, Moderate Density Residential and contains
approximately 0,19 acres. the requirement is for a 25'
front setback.The request is for a IS' front setback (a
10' variance),
All interested parties may appear and be heard at the public hearings.A copy of the
proposed amendincatb and other pertinent data are open and available lot inspection
in the Office of City Planning(57S-8264f),City Administration Building, 113 West
mountain Street,Fayetteville,Arkansas.All interested parties are invited to review the
petWoos-interpreters or TDD for hearing impaired are available for all public meet-
ings.72 hour nice is required, For further information or to nquost an intometer,
ploaso call Don Bunn at 575-8330.
TOTAL P.01
FAYETTEVILLE
TBE CITY OF FAYETTEVrLLE,ARKANSAS
113 W. Mountain St.
Fayeftevflle�AR 72701
Telephone: 501-575-8264
AGENDA FOR A MEETING OF THE BOARD OF ADJ-USTMENT
A regular meeting of the Board of Adjustment will be held Monday, July 2, 2001, at 3:45 p.m. in
Room I I I of the City Administration Building, 113 West Mountain, Fayetteville, AP, 72701.
The following items will be considered:
Approval of minutes from the meeting of June 4, 2001.
01dBusiness:
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).
New Business:
2. VAR 01-15.00: Variance(Brock's,pp 286)was submitted by Greg Brockman of Brock's Inc.
for property located at 2483-2485 Jeremiah. The property is zoned R-1.5,Moderate Density
Residential and contains approximately 0.19 acres. The requirement is for a 25'front setback.
The request is for a 15'front setback(a 10'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
TIF CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DIVISION CORRESPONDENCE
-----TO: --Fayetteville-Baard-of-Adjustrnimt
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 Yvariance).
RECOAUqENDATION:
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' variance)
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
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July Z 2001
VAR01-13 Vanneman
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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 sunroorn would provide adequate space for the proposed
accessory structure to meet required building setbacks.
Staff is unable to make several of the findings necessary 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 accessory structure so located may be
enlarged,extended, constructed, reconstructed, structurally altered, or located in
conformity with the bulk and area regulations,yard reguirements, and building area
requirements in the R-1, low density 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-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.
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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—.-Resu li—the—special conditions ani circumstances
. esulting Actions. T at
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 bearing 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
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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
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§ 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
evelopment ot these types. -Let-Axea--- -12j000-sq-Tt.
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 Requireme nts (feet).
2. UsesPermissible on FRONT SIDE RE
Appeal to the Planning Commission. YARD YARD Y�:
Unit 2 City-Wide Uses by Conditional 25 8 120
Use Permit
Unit 3 Public Protection and Utility F. Building Area. Oil 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
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§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 thesenowon rmities to continue—u—ntil theyare remove I 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 1991, §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 may be erected on any single lot of record at the
effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by
other provisions of this chapter. 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. In 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.
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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
--fsted6—nffe—effe—ct1Ve-dateo adoption o ths chapter c
on which a principal st ex
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 Mnor 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 other-wise
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, Art. 4(4); Ord. No. 1747, 6-29-70)
A 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, heigh� 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:
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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 se at-le-ast—fie—n-fe—et
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 conform 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;
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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—riddamforniFn—g use. In permittingiuffi-change, thePlanning____
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 199 1, §160.13 9; 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
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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—us-e-in-a district und—erthe ter—ms of-thisch er an 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-occupied nonconforming
residence so expanded or any accesso1y structure so located m"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 density residential
district.
(Code 199 1, §160.42; Code 1965, App. A, Art. 5(8); Ord. No. 1747, 6-29-70; Ord. No. 1891, 12-
5-72)
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Chairman Donna Vanneman
Board of AdjustmentsNariance 522 Fallin
City of Fayetteville, AR 72701 Fayetteville, AR 72701
(501)443-2508
RE: Variance on 622 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-I 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 didn't respond) and the real estate office 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.
Sincgrely,
�P. i? I'll
Al
Donna Vanneman
Board ofAdjustment
July Z 2001
VAROI-13 Vanneman
Page 1.11
We
274 10A,
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fell
.................................
FLOOR PLAN
This large multi-level garden
shed can be easily modified to
become a boat house if yours is
170000=11111 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
Eats of flowers in various sizes. 'rhe
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. 'rhis 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.
Board ofAdjustment
July 2, 2001
VAROI-13 Vanneman
Page 1.13
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Board ofAdjustment
July Z 2001
VAROI-13 Vanneman
Page 1.14
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July Z 2001
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Page 1.15
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6-26-01 ; 4: 13PM;ARKANSAS WESTERN GAS ;501 582 8258 2/ 2
Arkansas Western Gas 1001 sain Street
Company P.O.Box 1288
Fayetteville,Arkansas 72702�1288
A aubStdiary Of SnUthwea(errl Energy Cornpany (501)621-5400 FAX!(501)582-4747
June 26, 2001
Dawn Warrick
City of Fayetteville
H 3 W Mountain St
Fayetteville AR 72701
RE: VAR 0 1,-13.00: Variance (Vanneman, pp 447)
Dear Ms. Warrick:
Arkansas Western Gas Company has a 6" high-pressure gas main (.rated at
515 PSIA) that runs parallel with the cast property line at 522 Fallin in
Fayetteville, AR. It is my understanding that the gas line is approximately
5' west of the cast property line. Ms. Vanneman is requesting an 8' variance
to the existing 20' setback. This would put our high pressure main within
approximately 7' of the new structure.
Arkansas Western Gas Company is not opposed to Ms. Vanneman's
addition to her house, but in the interest of safety, and to protect the integrity
of this high profile line, we have no choice but to oppose this request.
Should you have any questions, please feel free to contact me at (50t) 582-
8230.
Sincerely,
/�_f_jo_4_t�
Crant Osborne
Assistant Operations Manager, Fayetteville
Board ofAdjustment
July 2,2001
KIR 01-13 Vanneman
Page 1.17
FAYETTEVILLE
TEM CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DMSION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Dawn T. Warrick, Sr. Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: July 2, 2001
VAR 01-15.00: Variance(Brock's,pp 286)was submitted by Greg Brockman of Brock's hic. for
property located at 2483-2485 Jeremiah. The property is zoned R-1.5,Moderate Density Residential and
contains approximately 0.19 acres. The requirement is for a 25'front setback. The request is for a 15'
front setback (a 10'variance).
RECONEWENDATION:
Staff recommends approval of the requested setback variance as shown on the attached site
plan with the following condition:
1. City Council approval of an easement vacation for the area in which this structure
encroaches the setback/utility easement.
2. Variance shall apply only to the portion of the structure (including existing
overhang)which encroaches the required front setback.
Ordinance Requirement Applicant's Request
Front setback 25' 15' (10' variance)
BACKGROUND:
This project is located on lot 7, Coyote Trail subdivision which is north of Mt. Comfort Rd.
and just west of Deane Solomon Rd. The duplex located at 2483-2485 Jeremiah Place was
permitted on 8/11/00 and passed final inspection on 5/14/01. The site plan submitted with
the building permit application showed the structure in compliance with required setbacks.
The builder and current owner,Brocks, Inc. has stated that the draftsman who developed
H.,I USERS�COA�MIONDIWNYV?EPORTS�BOA�7-2-01�brocks.wpd
Board ofAdjustment
July Z 2001
VAR 01-15 Brock's,Inc.
Page 2.1
the site plan used incorrect dimensions and those were used when the project was being
constructed. The result of this error is that the structure encroaches the front 25' setback
which is also designated as a utility easement. The amount of encroachment varies and is
approximately 10' at the widest point. The site is located on the curve of a cul-de-sac which
is off-centered and the structure sits square on the site, therefore there are parts of the
structure which are compliant and parts which encroach the setback. Generally, the
structure appears uniform in setback from the front property line compared to adjacent
structures.
In order for a variance to be granted in this location, a vacation of the portion of a utility
easement,which is also encroached upon, must be approved by the City Council. Should
the City Council deny the vacation, this variance would not be possible and the
encroaching portion of the structure would have to be removed.
Comments:
The"CONDMONS OF APPROVAL"listed in this report are accepted in total without exception by the
entity requesting approval of this conditional use.
Name: Date:
:.............
. ...... ............
4�
H.,I USERS�COAMONDAWNTtREPOR7S�B0,417-2-01 lbrocks.wpd
Board ofAdjustment
July 2, 2001
VAR 01-15 Brock's,Inc.
Page 2.2
SURROUNDING LAND USE AND ZONING
North: Duplex, R-1.5
South: Duplex, R-1.5
East: Duplex, R-1.5
West: Undeveloped, A-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: This variance request is the result of a contractor error. There was adequate
room for the structure to meet the required setbacks, however it was not
sited on the lot correctly and therefore encroaches the required front setback
which is also a utility easement. Plans submitted for permitting showed a
structure which complied with setback requirements.
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 tile same district.
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Board ofAdjustinent
July 2, 2001
VAR 01-15 Brock's,Inc.
Page 2.3
Finding: The granting of the requested variance will not confer on the applicant any
special privilege that is denied by the City's zoning regulations to other
lands,structures, or buildings in the same district. A duplex is permitted
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 were used as a basis for staff findings or
recommendations.
§ 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.
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Board ofAdjustment
July 2, 2001
VAR 01-15 Brock's,Inc.
Page 2.4
Finding: A public hearing is scheduled for July 2, 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.
Finding: The applicant has stated that this variance request is the result of a
contractor error. The variance requested is the minimum variance necessary
to make the existing structure compliant with zoning regulations.
(1.) 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 will be 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. This structure
appears to be as far away from the street as adjacent structures. The cul-de-
sac is irregular in shape which affects the positioning of the structures on the
lots at the end of the street.
(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 variance requested is the minimum variance necessary to make the
existing structure compliant with City zoning regulations. The use of the
property as a duplex is permitted within the R-1.5 zoning district.
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: Staff has recommended that this variance only be approved contingent upon
approval of a utility easement vacation. The setback in this location is also
dedicated as an easement. Should the easement vacation be denied by City
Council, the structure would have to be modified or removed in order to
eliminate the encroachment.
C. No Variance Allowed. Under no circumstances shall the Board of Adjustment
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Board ofAdjustment
July 2, 2001
VAR 01-15 Brock's,Inc.
Page 2.5
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: A variance is only allowed in this situation if the utility easement(or portion
thereof) is successfully vacated.
H.-IUSERSACO,VMONDAPVNTREPORT"0.4�7-2-011brocks.wpd
Board ofAdjustment
July 2, 2001
VAR 01-15 Brock's,Inc.
Page 2.6
§161.05 DISTRICT R-1.5 MODERATE D. Bulk and Area Regulations.
DENSITY RESIDENTIAL. One- Two- Three-
A. Purpose. The Moderate Density Family Family Family
Residential District is designed to permit Lot 60 ft. 70 ft. 90 ft.
and encourage the development of detached Minimum
and attached dwellings in suitable Width:
environments, to provide a development
potential between low density and medium Lot Area 6,000 7,260 10,890
density with less impact than medium Minimum: sq. ft. sq. ft. sq. ft.
density development, to encourage the Land Area 6,000 3,630 3,630
development of areas with existing public Per sq. ft. sq. ft. sq. ft.
facilities and to encourage the development Dwelling
of a greater variety of housing values. Unit:
B. Uses. E.Yard Requirements (feet).
1. Permitted Uses.. FRONT SIDE REAR
Unit I City-Wide Uses by Right YARD YARD YARD
Unit 2 Single-Family and Two-Family 25 8 20
Dwellings Cross Reference: Variance, Chapter 156.
Unit 26 Single-Family Dwellings
Unit 29 Single-Family, Two-Family F. Building Area. The area
and Three-Family Dwellings occupied by all buildings shall not exceed
__j 50% of the total lot area.
2. Uses Permissible on G. Height Regulations.No building
Appeal to the Planning Commission shall exceed a height of 3 0 feet.
Unit 2 City-Wide Uses by Conditional
Use Permit (Code 1991, §160.032; Code 1965, App. A,
Art. 5(IIA); Ord. No. 3128, 10-1-85)
Unit 3 Public Protection and Utility
Facilities
Unit 4 Cultural and Recreational
Facilities
C. Density.
FFamilies Per Acre 1 12 or Less
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Board ofAdjushnent
July 2, 2001
VAR 01-15 Brock's,Inc.
Page 2.7
BROCK ' S , INC .
P.0. Box 758 Phone(501)267-2775
#6 West Main Street—Suite 100
Farmington,AR 72730 FAX (501)267-2874
Cell—(501)466-9683 or (501)466-9682
June 15,2001
Chair of the Board of Adjustment
Board of Adjustment
City Hall—Room I 11
Fayetteville,AR 72701
Re: Variance
Chair of the Board of Adjustment,
Brock's,Inc.,owner and builder of the property located at 2483-2485 Jeremiah,Fayetteville apologize to
the Board and do hereby request that the City of Fayetteville consider vacating the portion of the easement
on said property that the duplex sets on. Pat King,the draftsman hired by Brock's,Inc.,measured from the
side and back property lines of Lot 7, Coyote Tmil. Brock's,Inc.then proceeded with construction based
on his measurements unaware of any problem until the prospective buyers of the property requested a
survey. We then became aware that the duplex is partially located on both city setbacks and casements.
Brock's,Inc.regrets that this occurred and does respectMy request your consideration in this matter.
Greg Brockman
Brock's,Inc.
Board ofAdjustinent
July 2, 2001
VAR 01-15 Brock's,Inc.
Page 2.8
BROCK ' S , INC .
P.0.Box 758 Phone(501)267-2775
#6 West Main Street-Suite 100
Farmington,AR 72730 FAX (501)267-2874
Cell-(501)466-9683 or (501)466-9682
Description of Request
Brock's, Inc.,the builder and owner of 2483-2485 Jeremiah, Lot 7, Coyote Trail,
Fayetteville, requests that easements and setbacks be vacated in the indicated area.
Measurements done by our draftsman,Pat King,were measured from the wrong points
on the property resulting in the building being constructed in the setbacks and easements.
The approximate square footage of the duplex is 1500 sq. ft. per side, a total of
approximately 3000 sq. ft. for the entire building. There are no off-street parking spaces
to be provided.
Board ofAdjustment
July 2, 2001
VAR 01-15 Brock's,Inc.
Page 2.9