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HomeMy WebLinkAbout2001-12-03 - Agendas FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St Fayettevifle,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, December 3, 2001, at 3:45 p.m. in Room 326 of the City Administration Building, 113 West Mountain, Fayetteville, AR, 72701. The following items will be considered: Approval of minutes from the meeting of November 5, 2001. New Business: 1. VAR 01-29.00: Variance (Smith, pp 640)was submitted by Lois Smith for property located at 160 E. 261 Street. The property is zoned R-1, Low Density Residential and contains approximately 0.41 acres. The requirement is for a 25' front setback. The request is for a 17' front setback (a 8'variance). 2. VAR 01-30.00: Variance (Myers, pp 483)was submitted by Carl Myers for property located at 26 N. Duncan Street. The property is zoned R-3, High Density Residential and contains approximately 0.29 acres. The requirement is for a 25' front setback on the north. The request is for a 9' front setback (a 16'variance). 3. VAR 01-31.00: Variance (Scarbrough, pp 245)was submitted by Daniel Scarbrough for property located at 3009 Rutile Drive. The property is zoned R-1, Low Density Residential and contains approximately 0.26 acres. The requirement is for a 25' front setback adjacent to Salem Drive and a 8' side setback. The request is for a 37 front setback(a 21.3'variance) and a 3.5' side setback (a 4.5' 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 THE 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, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: November 27, 2001 VAR 01-29.00: Variance (Smith,pp 640)was submitted by Lois Smith for property located at 160 E. 26' Street. The property is zoned R-1, Low Density Residential and contains approximately 0.41 acres. The requirement is for a 25' front setback. The request is for a 17' front setback(a 8'variance). RECOMMENDATION: Staff recommends approval of the requested 8' front setback variance as shown on the attached site plan with the following condition: 1. This variance shall apply to the existing structure and the proposed extension of the carport only. Future additions must conform to required setbacks. Ordinance Requirement Applicant's Request Front setback(R-1) 25' 171 (81 va BACKGROUND: The subject property is located at the northeast corner of Country Club Drive and East 26' Circle. The property contains one single family home which was recently purchased by the applicant. At this time,the applicant has begun renovations on the structure to include a new front entryway and main fa�ade. A part of the desired improvements include the enclosure and extension of the carport in order to provide a two car garage. The existing structure does not comply with the required 25' setback from the Country club Drive right of way and the proposed garage improvement will further this encroachment. HJUSERSICOMMOMDA WNnREPORTStBOA112-3-0]iSA27TH.DOC Board ofAdjushnent December 3, 2001 V4ROI-29SMA Page LI There is a unique condition to this lot in that the right of way dedicated for the adjacent street(Country Club Drive) is very wide. While a standard residential street'in Fayetteville has between 40' and 501 of right of way,this one contains 601 of right of way. The distance from the curb of County Club Drive to the existing structure on this lot is 551 at the closest point. There is a retaining wall between the structure and the street also which is located approximately 15' from the curb. With all of the right of way,this structure appears to sit a significant distance from the street and there is no sight distance issue with regard to visibility for vehicles or pedestrians at this intersection. Comments: The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: SURROUNDING LAND USE AND ZONING North: Vacant, R-1 South: Single family home, R-I East: Single family home, R-1 West: Vacant,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 unusually wide right of way for Country Club Drive adjacent to this property is a special condition unique mainly to this property as it tapers to a H IUSERSICOMMO]VID,4WNn)ZEPORTSIBOAI]2-3-OIISMITH.DOC Board ofAdjustment December 3, 2001 VAROI-29 Smith Page 1.2 narrower width both north and south of this lot. 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 provision of the zoning regulations would not allow the proposed improvement of enclosing and extending the existing carport to provide a two car garage for this single family home. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The condition of the Country Club Drive right of way is not the 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: The granting of the requested variance will not confer on the applicant any special privilege that is 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 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. Finding: A public hearing is scheduled for December 3,2001. 3. Findings. `fhe Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the H*IUSERSICOMMONIDA WNYIREPORTStBO,4112-3-OMMITH.DOC Board ofAdjustment December 3, 2001 VAROI-29 Smith Page 1.3 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. (I.) 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 of the variance will be in harmony with the general purpose and intent of current zoning regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. This structure is set back from the street a distance which is similar to other nearby homes. (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 reasons set forth in the application justify granting the variance and the variance requested is the minimum variance needed to make possible the reasonable use of the structure. 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 recommends that this variance apply to the current structure and the proposed extension for a garage and that future additions comply with zoning regulations. 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.�USERSICOMMONIDAWN71REPORTS00AI12-3-OIISMITH.DOC Board ofAdjustment December 3, 2001 VAROI-29 Smith Page 1.4 744 Skelton Street Fayetteville, AR 72701 November 5, 2001 Fayetteville City Chairman of Board and Adjustment To Whom It May Concern: I Lois I Smith have purchased a house at 160 East 26 Ih Circle in Country Club Estates. The house is very unattractive and requires revamping to upgrade it. In order for it to conform more to the neighborhood will require extending the carport on the West end by four feet, and making it into a double garage. By doing so, it should help the house as far as heating and cooling the living area. Enclosed are the survey drawings as regarding property and easement lines, and a drawing of the new renovation proposal which I believe everyone will be most pleased with. I would appreciate a decision as soon as possible because of already lost time and money, and weather becoming a great factor in production. Thank you sincerely, C; % Lois . Smith Board ofAdjustment Decemher 3, 2001 VAROI-29 Smith Page 1.5 LL =CE - Ffl- Board ofAdjustment December 3, 2001 VAROI-29 Smith Page 1.6 eRn;Rn in 12 400 U I TJJC 'CTi r-9lb-TCIC P7.:TA TAAZ/gZ/OT X6"6t,I Ai.J1,91,20S b OD CD .A C; F- 00 .00' G I 3-00,94CON C) 71Z (D C, ZI Z 0 9V UO k, 0 x IN�HV3. WG CD CD L----L ---------- WHO 9 -nil) .9 1 .60-t,2) �j -6r lot At (M-0-8 '09 li-wHdsv) 3 A 1 8 a n i :) A ?J I N n o 0 Board ofAdjustment December3, 2001 VAROI-29 Smith Page 1.7 UR01-29.00 SMITH Close Up View ... --------- ------------- 0— IN ........... Overview Legend Subject Property Boundary Master Street Plan -N,, Planning Area 4z��Freeway/Expressway ME VAROI-29-00 Pcoort 4'*,,o Principal Artenal c ...oOvedayDistrict Streets ..—a.. City Limits 4e%.�Minor Arterial Existing �:—_j 40 Collector 1 i Outside City Board ofAdjustment Planned 1 0*00, Historic Collector December 3, 2001 0 50 100 200 300 '100 VAROI-29 Smith TT!TTl Feet Page 1.8 VAR01-29.00 SMITH One Mile View a- -2 1,2 :7 R-1 12 �_JNIIL R-2 PI E: ti:_a 77 A4 g, --- ---- ------ usf 4 C-1 s' ot Fz '2 C�_ r'-i - I I 1 1121 R�2 'E A _44, p I is I'�J 1�� o .7 -A' 7 ...... 7_�AW A4 V" T Sybi Property ic 1; &2 F J7, V� A 9 2crm bl, I� J 1-2 _E ALE_ Is Lit ff­77'?.I�' , 59 Faw ... ....... 211 f ...... A -7= ----------------- ---------- 'I Iss, PRWA M_r V K FA -WV7 T09 -e L ............ ............. .o WF T 1 0 RU� ................ Z' WrFE C-2 s-": ga 44 s I I, aL ;is Overview Legend Subject Property Boundary Master Street Plan VAR01-29.00 Planning Area Fre"ay/Expressway overlay District ONso Principal Arterial Li 'r� Streets 0000co City Limits Minor Arterial Board ofAdjustment Existing �_—j II's N III, Collector =I Outside City December 3, 2001 n. Planned 06%, Historic Collector VAR01-29Smiih 0 0.126 0.26 0.5 0.75 1 Page 1.9 Miles FAYETTEVILLE THE 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, Senior Planner THRU: Tim Conklin,A.I.C.P., City Planner DATE: November 27, 2001 VAR 01-30.00: Variance (Myers,pp 483)was submitted by Carl Myers for property located at 26 N. Duncan Street. The property is zoned R-3, High Density Residential and contains approximately 0.29 acres. The requirement is for a 25' front setback on the north. The request is for a 9' front setback (a 16' variance). RECOMMENDATION: Staff recommends approval of the requested 9' front setback variance as shown on the attached site,plan with the following conditions: 1. Variance shall apply to the existing structure with proposed exterior alterations only and shall not be extended to cover any future additions. Ordinance Requirement Applicant's Request var Front setback(R-3) 251 161 (91 iance) BACKGROUND: The subject property is located on the east side of Duncan Ave. south of Dickson Street. William Street intersects Duncan at the northern edge of this property and undeveloped right of way for the extension of William Street to the cast exists along the northern property line. Because of this right of way, the north and west sides of this property are considered to be frontages requiring 25' setbacks in each location. The applicant is in the process of renovating the structure and would like to make more extensive changes to the exterior than would be permitted under the City's non-conforming H.,IUSERSICOMMOMDA WNTIREPORTSIBOA 112-3-01[MYERS.DOC Board ofAdjustment Decemher 3, 2001 VAR01-30Myers Page 2.1 use ordinance. In order to change the exterior of this structure and to extend the upper level by 811 all around, a variance is needed to make the existing structure with the 8" addition compliant with the zoning requirements of the R-3 zoning district. This is a high density zoning district within two blocks of the University campus. The structure is presently a duplex and no increase in density is requested with this application. Comments: The"CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: SURROUNDING LAND USE AND ZONING North: Multi family dwelling, R-3 South: Multi family dwelling, R-3 East: Vacant(hillside behind Evergreen cemetery), R-3 West: University parking lot, R-3 GENERAL PLAN DESIGNATION Residential FINDINGS: § 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Rcgulations/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 undeveloped right of way along the northern property line of this site is a special condition that is unique to this land. 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 re gulations. H.IUSERSICOMMOMDA WN71REPORTY00A U2-3-01UHERS.DOC Board ofAdjustment December 3, 2001 VAR01-3011yers Page 2.2 Finding: Literal interpretation of the provisions of the zoning regulations would not permit the alterations and improvements to this structure that are currently proposed by the property owner. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special conditions and circumstances are not a result of the actions of the applicant. The City has not utilized this right of way and has no plans at the present time to connect William Street. 4. No Special Privileges. That granting the variance requested'"ill 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 current zoning regulations. The use of this structure as a duplex is permitted by right in this zoning district. 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. Finding: A public hearing is scheduled for December 3, 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. H:IUSERS�COMMOMDA WNMEPORTSIBOA�12-3-01 WYERS.DOC Board ofAdjustment December 3, 2001 VAR01-30Myers Page 2.3 (I.) 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 variance will be in harmony with the general purpose and intent of current 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 reasons set forth in the application justify the granting of this variance. The variance requested is the minimum variance needed to ensure compliance with current zoning regulations for the existing structure and the proposed alterations. 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 recommends that if this variance is granted, it only apply to the existing structure with the proposed improvements planned by the applicant and that any further additions to the structure comply with current zoning requirements. 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 USERSICOMMON[DA WN7WPORTSIBOA 112-3-ODMYERS.DOC Board ofAdjustment December 3, 2001 VAR 0 1-3 0 Mye rs Page 2.4 §161.07 DISTRICT R-3 HIGH DENSITY Lot Width Mobile Home Park 100 ft. RESIDENTIAL Minimum: A. Purpose. The High Density Residential Three or More 90 ft. District is designated to protect existing high density multifamily development and to encourage additional Professional Offices 100 ft. development of this type where it is desirable. Lot Area Mobile Home Park 3 acres B.Uses. Minimum: 1. Permitted Uses. Lot Within a Mobile 4200 sq. Unit I City-Wide Uses by Right Home Park ft. Unit 8 Single-Family Dwellings and Row Houses: Two-Family Dwellings Unit 9 Multi-Family Dwellings/Medium Development 10,000 Density sq.ft. Unit 10 Multifamily Dwellings-High Individual Lot 2500 Density sq. ft Single Family 6000 sq. 2. Uses Permissible on Appeal to ft the Planning Commission. Two Family 6500 sq. Unit 2 City-Wide Uses by Conditional Use ft Permit Three or More 8000 sq. Unit 3 Public Protection and Utility ft Facilities Fraternity or Sorority I acre Unit 4 Cultural and Recreational Facilities Professional Unit 11 Mobil Home Park Offices I acre Unit 25 Professional Offices Land Area Per Mobile Home 3000 sq.ft. Dwelling Unit: C. Density. Row Houses& Families Per Acre 16 to 40 F I Apartments: D.Bulk and Area Regulations. Two or More 1200 sq.ft. Lot Width Mobile Home Park 100 ft. Bedrooms 1000 sq. ft. Minimum: One Bedroom Lot Within a Mobile 50 ft. 1000 Home Park sq. ft. No Bedroom One Family 60 ft. Fraternity or 500 sq.ft., Two Family 60 ft. Sorority per H.-IUSERSICOMMOAIDAWNnPEPORTSIBO,4112-3-OltMYERS.DOC Board ofAdjushnent December 3, 2001 VAR01-30Myers Page 2.5 E.Yard Requirements(feet). FRONT YARD SIDE YARD AR YARD 25 8 20 Cross Reference: Variance,Chapter 156. F. Height Regulations.Any building which exceeds the height of 20 feet shall beset back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feet. (Code 199 1,§160.034;Code 1965,App.A,Art.5(IV); Ord.No. 1747, 6-29-89; Ord.No.2320,4-5-77; Ord. No.2700,2-2-8 1) H.'I USERSICOMMONI&A WATREPORTSIBOA 112-3-01 IMYERS.DOC Board ofAdjustment December 3, 2001 MR01-30Afyers Page 2.6 11/13/01 To: Chairman of the Board of Adjustment From: Carl Myers In regards to the property which is a duplex residence located at 26 N. Duncan in Fayetteville, Arkansas: I am requesting to be allowed to make improvements to this building which is in a condition of disrepair and neglect. The improvements include but are not limited to, extending the upstairs or 2'dlevel portion of the building by 8 inches on all four sides. The purpose of the 8 inch overhang is primarily for exterior aesthetics, but also will create more space for kitchen and bathroom. The reason for the variance is that the existing structure does not meet set back requirements for a right of way which extends across the North portion of the property. The right of way has never been used and it appears highly unlikely that it ever will be used since it doesn't really go anywhere except to dead end at a cemetery. Thank you, Carl Myers Board ofAdjustment December 3, 2001 VAROI-30A,fyers Page 2.7 -7r '4tiJ tk j4p 49 e.4L sit, Board ofAdjustment December 3, 2001 VAROI-30A-lyers Page 2.8 n&1114�yl 4CAV-,vt VAR01-30.00 MYERS Close Up View a, .............. ------ <1 U� A ............. .............. ----------- --N6 Overview Legend Subject Property Boundary Master Street Plan 1-24 MM VAR01-30.00 I-N, Planning Area 4'�FreewaylExpressway CP000% .��.Overlayl)istrict *%,Up Principal Arterial J. Streets 0 L City Limits 4"4��Minor Arterial "N Existing R �,—I Outside City 40%�Collector Board ofAdjustment Planned 00 9 2 Historic Collector December 3, 2001 0 37.5 75 150 225 Wo VAR01-30Myers Feel Page 2.9 VAR01-30.00 MYERS One Mile View TrR71-- 'EiF­7 14 4A P N . 411 At ';A E ',J �q f�:)�Of-!A 14 _J IW3 UNW.frA40 A F le-Tc,it, ...TF WiZ. ....... —ji:i- X A i_'9-: 4-A 9-1 Z It -3 -_A;....... It Jj�' pFlJ F- Ail -it A --FAT TO !I-.:-! Ell it A 0- Fi, I T i gxAT= 4�,_J::FATAFF i, .14 .-A ---I-.- E_., I it W.- - w, . -l-l"i T RAI -so A G A 7 T6 Fiz Will A it jq 1. _14 A tk LQ�� NP ------ N--- 4-_ A it J, F �kR 'list il, A 0_1 , ,0 1� , A. AT jiL is Fit A .1 1 FAR H. l*........ J 16 lk L.—HR-0 1;' -_F' MR. Subject Propert __AJl F,t: �F xT -is 11. ... ... es-ill niAla 3 5,F: 0 4. Fri. l' R-3 0 to ........ rl, ..... . C-3 i r . .... .-ifit 'F' rr� __TA R2 � _7E.. f,- AT, A;jr-, f ------- JI:AT A, Fill-, All ;' �4 i -A._;F E_:!iTy7 i rTf ____ . — LLU "E-Fl 'I FIT .I. pl,., "ir .:A i ;. '4 A Vill e.1- 4- ------ T At A V.� A if: 2 PATIF RA T ;M T Pi IV R ik,-. i;Ri A A I A HE 06** r A,, .F A Iii-4, A,' ..2! A I 2 -7- 1; linAi :2: FC." F.,Fr A.;" E ;7 jAJ jil Ulr`* R'2 --------- sit, r�li 1-1 T.- 4,77, T,- IT _]A' _]A' 1-2 12 AT, 1_2 A Ill. Ji It F_ A —4 Overview Legend Subject Property Boundary Master Street Plan FresVVaY1EKPre5SVF VAR01-30.00 Planning Area OI.H.y District 4asilli Principal Arterial Streets 00000c El t "——1 City Unnits "Foull Minor Arterial Board ofAdjustment Existing L—— It FF, Collector December 3, 2001 Planned Outside City ...... 00%, Historic Collector VAROJ-301fyers 0 0.125 0.25 0.5 0.75 1 Page 2.10 Miles I FAYETTEVILLE THE 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, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: November 27, 2001 VAR 01-31.00: Variance (Scarbrough, pp 245) was submitted by Daniel Scarbrough for property located at 3009 Rutile Drive. The property is zoned R-1, Low Density Residential and contains approximately 0.26 acres. The requirement is for a 25' front setback adjacent to Salem Drive and a 8' side setback. The request is for a 37 front setback (a 21.3' variance) and a 3.5' side setback (a 4.5' variance). RECONMENDATION: Staff recommends denial of the requested setback variances. Ordinance Requirement Applicant's Request Front setback(R-1) 25' 3.7' (21.3' v ariance) Side setback(R-1) 81 3.5' (4.5' setback) If the Board of Adjustment does determine that these variances are in the public interest and should be granted as requested, staff recommends the following conditions: 1. Planning Commission consideration and City Council approval of a vacation of the utility casement in which this structure has been erected. 2. Any Variances granted shall apply only to the subject accessory building and may not be conferred on any addition, alteration or new construction on this property. 3. Written approval of the property owners association shall be provided and included with the building permit information for the subject accessory building. H.IUSERSICOMMOMDA WNnREPORTSOOA 112-3-01 Iscarbrough.doc Board ofAdj�tment December 3,2001 VAROI-31 Scarbrough Page 3.1 4. Building permit materials which are inaccurate shall be revised and resubmitted to the satisfaction of the Inspection and Planning Divisions' requirements. BACKGROUND: After receiving a complaint regarding a structure being built without a permit,Planning staff requested that an Inspector visit 3009 Rutile Dr. to see if there was a violation occurring. On June 25,2001, The Inspection Division reported that there was a structure being erected and that it appeared to be 2.5' —3' from the west property line,3.5' from the south property line and measured approximately 12'x18' in size. The Inspector determined the occupant of the property based on water records and placed a call. When the call was returned, the resident stated that they would begin the permit process to cover the structure that was being erected. Two days later, on June 27,2001, Mr. Scarbrough did contact the Inspection and Planning Divisions to apply for a building permit. On August 10,2001 the Inspection Division called Mr. Scarbrough and advised him of the need to complete his building permit application. He stated that"He will be in next week." A permit was issued for this accessory building on August 14,2001. Double fees were charged because the work had been completed prior to the issuance of a permit. The site plan submitted by the applicant with this building permit application reflected a structure which complied with zoning requirements for this property. At the request of Planning staff, after hearing that the structure did not comply with the setback requirements stated on the permit, Inspectors again visited the site. In September, 2001, photographs were taken which reflect the current location of the structure. Copies of these photos were provided to Planning staff and a violation letter was sent to the property owners as well as the residents. In response to the violation letter, the resident has applied for variances in order for the building to remain in its current location. The area designated as the front setback(where a 21.31 variance has been requested) is located within a utility easement. If a structure is located within this area, the City Council must first approve an ordinance vacating that portion of the easement. SURROUNDING LAND USE AND ZONING North: Single family home, R-1 South: Single family home, R-1 East: Single family home, R-1 West: Vacant, Outside City H.-IUSEI?SICOMMOMDAWNTIREPOR7SOOA112-3-0]Lvcarhrough.doc Board ofAdjustment December 3,2001 V AROI-31 Scarbrough Page 3.2 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: Unable to make finding. This lot does have frontage on both Rutile and Salem,however this condition exists for all of the houses on the west side of Rutile. The size of this single family residential lot is 11,420 s.f. (142.751 x 80.00')which exceeds the minimum lot size of 8,000 s.f by 3,420 s.f. 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: The applicant caused the need for these variance requests. The action of the applicant in erecting a structure without a permit and filing a false site plan do not constitute special conditions or circumstances. 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 requested variances will allow this applicant the ability to locate a structure within an area which is designated for utility purposes and required setback from a public right of way. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, H.,IUSERMCOMMONDAWNY)REPOR7'SIBOAI]2-3-0]lscarbrough.doc Board ofAdjustment December 3,2001 VAROI-31 Scarbrough Page 3.3 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. Finding: A public hearing is scheduled for Monday,December 3,2001. 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. Finding: Unable to make finding. The size of this property allows ample room to locate accessory structures without the need for a variance from zoning requirements. (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 riot be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Unable to make finding. Locating any structure within a designated utility easement is specifically prohibited. Utility lines must be accessible to the City as well as the franchise companies that use those areas to serve this subdivision. A setback from the public right of way for residential structures within the City is a minimum of 25'. This area is to provide for, among other things, distance from the street for safety and visibility. (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. H.IUSERS�COMMONIDAWNTtREPORTSIBO,4112-3-011scarbrough.doc Board ofAdjustment December3,2001 VAROI-31 Scarbrough Page 3.4 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: If the Board of Adjustment does grant this request, staff has recommended conditions in order to limit the impact of this structure and any variances approved for it. C. No Varianc�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: Without a vacation of the existing utility casement on which this structure is located, the Board of Adjustment is prohibited from granting the requested variances. §163.04 ACCESSORY STRUCTURES AND USES. Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160-165,and to the following general conditions: A. Accessory Buildings. 1. When Erected. No accessory building shall be erected on any property prior to the construction of the principal building, UNLESS such accessory building shall have been approved by the Planning Commission as a conditional use.An approved accessory building erected prior to the principal building shall not be inhabited. 2. Integral Part of Principal Building. An accessory building erected as an integral part of the principal building shall be made structurally a part thereof,shall have a common wall therewith,and shall comply in all respects with the requirements of the building code applicable to the principal building. 3. Where Erected. No accessory building shall be erected in any required yard. B. Trash Containers. "Lo-Dal"type trash containers located in any required yard shall be screened along the side(s) of the container which encroach into the required yard, except that screening shall not be required on the access side of the container. Where a trash container encroaches totally within a required yard, either the front or the back of the container shall not be screened. C. Swimming Pools. Swimming pools shall not be located in any required front yard. H.-1USERSICOMMONIDA WNnREPORTS00A 112-3-01 Iscarbrough.doc Board ofAdjustntent Decender3,2001 VAROI-31 Scarbrough Page 3.5 (Code 1991,§160.076; Code 1965,App.A,Art. 7(l); Ord.No. 1747, 6-29-70; Ord.No.2177, 12- 16-75; Ord.No. 3131, 10-1-85) §164.02 FENCES,WALLS,AND VEGETATION. Subject to the provisions of§ 164.01,fences, walls, and vegetation may be permitted in any required yard or any required setback area, or along the edge of any yard, provided the fence, wall, or vegetation does not materially impede vision, as determined by the City Planner,between vehicular or pedestrian traffic.In any required yard or any required setback area, nothing permanent over 2 1/2 feet high may be installed which materially impedes vision between vehicular or pedestrian traffic. (Code 1991,§160.111; Code 1965,App.A,Art. 8(2);Ord.No. 1747,6-29-70;Ord.No.2380,9-20- 77) ,§166.12 STRUCTURES NOT ALLOWED OVER PUBLIC EASEMENTS. No portion of any structure shall be built over any public utility easement. (Code 1991,§160.119;Code 1965,App.A,Art. 8(10.1);Ord.No 1747,6-29-70;Ord.No.3073,3- 19-86) H:WSERSICOMMOMDA WN71REPORTSABOA 112-3-01�scarhrough.doc Board ofAdjusiment December3,2001 VAR01-31 Scarhrough Page 3.6 § 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 Minimurn 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. 1. Permitted Uses. Per Dwelling Unit I City- de Uses by Right Unit Unit 26 Single-Family Dwelling E. Yard Requirements (feet). 2. Uses Permissible 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 USERSACOMMONIDA WN71REPORTSOOA 112-3-01 Ucarbrough.doc Board ofAdjustment December 3,2001 VAROI-31 Sc�brough Page 3.7 Applicable Definitions from—Chapter 151 Definitions Unified Development Ordinance of the City of Fayetteville Accessory Use or Structure. (Zoning Regulations) A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Buildable Area. (Zoning) The portion of a lot remaining after required yards have been reserved. Lot. (Development.) A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development. Lot. (Signs ) A parcel of land under one ownership whether described by metes and bounds or as a platted lot. , Lot. ( Zoning) A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. The term includes the words "plot" or "parcel". Such lot shall have frontage on an improved public street, and may consist of: A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; D. A parcel of land described by metes and bounds; provided that in no case of division or combinations shall any residential lot or parcel be created which does not meet the requirements of the Zoning Regulations, Chapter 167. Lot,Corner. (Zoning) A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a comer lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135'. Lot, Depth of. (Zoning) The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Lot Frontage. (Zoning) The front of a lot shall be construed to be the portion nearest the street. Lot, Interior. (Zoning) A lot other than a comer lot with only one frontage on a street. Board ofAdjustnwnt Deember 3,2001 VAROI-31 Scarhrough Page 3.8