HomeMy WebLinkAbout2002-04-11 - Agendas FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:479-575-8264
AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment will be held Monday, April 1, 2002, at 3:45 p.m.
in Room 326 of the City Administration Building, 113 West Mountain, Fayetteville,AR, 7270 1.
The following items will be considered:
Election of a Chairperson
Approval of minutes from the meeting of March 4,2002.
New Business:
1. VAR 02-8.00: Variance (Wilson,pp 405)was submitted by Raymond Smith, Attorney
on behalf of Glen David Wilson for property located at 1120 Lindell Avenue. The
property is zoned C-2, Thoroughfare Commercial and contains approximately 0.29 acres.
The requirement is for a 50' front setback. The request is for a 15' frorit setback(a 35'
variance) for the existing structure and a 5' front setback(a 45' variance)for a proposed
cooler to be placed on a concrete pad.
2. VAR 02-9.00: Variance (Barber, pp 254)was submitted by Brandon Barber for
property located at 3121 Tartan Way. The property is zoned R-1, Low Density
Residential and contains approximately 0.25 acres. The requirement is for a 8' side
setback. The request is for a F side setback(a 7' variance).
3. VAR 02-10.00: Variance (Lloyd,pp 484)was submitted by Neal Hefner of Neal Hefner
Construction on behalf of Eric and Charlene Lloyd for property located at 492 N. West
Avenue. The property is zoned R-0, Residential Office and contains approximately 0.14
acres. The requirement is for a 30' front setback on West Avenue & Lafayette Street and
a 15' side setback on the north & east side of property. The request is for a 25' front
setback on West Avenue and Lafayette Street(a 5' variance) and 10' side setback on north
& east of property (a 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 Hugh Earnest at 575-8330.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)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: March 27, 2002
VAR 02-8.00: Variance (Wilson,pp 405) was submitted by Raymond Smith, Attorney on
behalf of Glen David Wilson for property located at 1120 Lindell Avenue. The property is zoned
C-2,Thoroughfare Commercial and contains approximately 0.29 acres. The requirement is for a
50' front setback. The request is for a 15' front setback (a 35'variance) for the existing structure
and a 5' front setback(a 45' variance) for a proposed cooler to be placed on a concrete pad.
RECOMMENDATION:
Staff recommends approval of the requested setback variance with the following
conditions:
1. An 8' tall wooden privacy fence shall be constructed along the south and east sides
of the proposed concrete pad to provide a screen between the proposed cooler
location and the street right of way and adjoining property to the east.
2. Landscaping shall be installed between the south side of the structure and the street
right of way. This landscaping shall consist of at least one tree every 30 linear feet
as provided under UDO §166.14 (Site Design Standards for Commercial
Structures).
3. This variance shall apply only to the existing main structure and the proposed
addition of the cooler equipment. Any future alterations or additions must be
reviewed by staff and may require additional variance requests for consideration by
the Board of Adjustment.
Ordinance Requirement Applicant's Request
Existing Building 50' 15' (a 35' variance)
Front (w/o reduction)
Existing Building 25' 15' (a 10' variance)
Front(with reduction)
H.,WSERS�COMMONIDA WVYIREPORTS�B0,412002-repo?tsiwilson-varO2-81oc
Board ofAdjustment
April 1, 2002,
VAR 02-8 Wilson
Page 1.1
Ordinance Requirement Applicant's Request
Proposed Cooler 50' 5' (a 45' variance)
Front(w/o reduction)
Proposed Cooler 25' 5' (a 20' variance)
Front(with reduction)
BACKGROUND:
The subject property is the site of Elenitals Mexican Caf6. This building has always
housed a restaurant or other food related business, according to the property owner. A
recent requirement from the Department of Health has prompted the business owner to
plan for and install a cooler in the vicinity of the kitchen in order to comply with state
regulations on the storage, delivery and preparation of food items for restaurant service.
The kitchen in this building is located at the southeast corner of the structure and there is
not room inside to properly house the new piece of equipment(710"width x 151611 length x
71611 height). This variance request is to allow the installation of a 10' x 22' concrete pad at
the southeast corner of the structure to house this equipment. If the variance is approved,
a part of this installation will include a door from this area into the kitchen of the facility.
Right of way for North Street varies in this particular location. With an average of 112.5'
of total right of way adjacent to the subject property, the necessary property is available
for a future widening of the highway in accordance with Master Street Plan standards.
The required setback for any structure over 3011 in height in the C-2 zoning district is 501
from the property line. This setback may be reduced by employing a setback reduction
option within the zoning ordinance(§166.10(C)(4&5))—see attached. The use of this
option will reduce the setback requirement and therefore the amount of variance needed
and it will provide a more attractive screen between the public street and this building in a
manner that is in keeping with current development regulations within the City.
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:
H.-IUSERSICOMMOMDA gN71REPORTSWO,412002-reporlslwilson-varO2-Moc
Board ofAdjustment
April 1, 2002
VAR 02-8 Wilson
Page 1.2
SURROUNDING LAND USE AND ZONING
North: Oak Plaza Shopping Center, C-1
South: Multi-family residential, R-3
East: Hair salon, C-2
West: Restaurant, C-2
GENERAL PLAN DESIGNATION Community Commercial
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: Right of way dedication and road construction to widen North Street on the
south side of the subject property over the years have decreased the land
area of the property. Additionally, regulations instituted by the Department
of Health require that new equipment is provided to meet certain criteria for
the proper storage and preparation of food items,has caused the applicant to
add a cooler in the vicinity of the existing kitchen which will prevent the need
to carry unprepared food through the dining room.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of the provisions of the zoning regulations would not
allow the use of this structure as a restaurant. That use was established
when the building was originally constructed and has not changed in the
years since.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special conditions and circumstances were not a result from actions of
the applicant. These conditions and circumstances have been the result of
road construction, right of way dedication and state Department of Health
H-I USERSICOMMOMDA MV7WPORTSOOA 12002-reports1wilson-var02-81oc
Board ofAdjustment
April 1, 2002
VAR 02-8 Wilson
Page 1.3
regulations.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: Granting the variance requested will not confer on the applicant any special
privilege that is denied by zoning ordinance to other lands,structures, or
buildings in the same district. This commercial district permits the use of
this structure as a restaurant by right.
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 I�e held.
Finding: A public hearing is scheduled for April 1,2002.
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: The reasons set forth in the application justify granting the variance. The
requested variance (after implementation of the setback reduction option) is
the minimum variance necessary to make possible the reasonable use of this
building.
(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.
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Board ofAdjustment
April 1, 2002
VAR 02-8 Wilson
Page 1.4
Finding: Granting the variance with recommended conditions will be in harmony with
the general purpose and intent of adopted 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 granting the variance. The
requested variance (after implementation of the setback reduction option) is
the minimum variance necessary to make possible the reasonable use of this
building.
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 applicant provide screening to mitigate the
impact of the proposed addition on adjoining property and public right of
way. Screening will allow a reduced setback(reducing the amount of
variance needed) and will bring the development closer into conformance
with current site development regulations for commercial structures within
Fayetteville.
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 USERSACOMMONIDA WTIREPORTS180A M02-reportslwilsonvarO2-aloc
Board of Adjustment
April 1, 2002
VAR 02-8 Wilson
Page 1.5
§166.10 BUFFER STRIPS AND SCREENING.
C. Screening Required.
4. Required building setbacks may be reduced in accordance with the following
table where vegetation having a minimum height of one foot six inches at the time of planting
and occupying 10%of the open area is installed and no off-street parking is provided in the
remaining front yard.
C-1, C-2 and I-I From 50 feet to 25
zones feet
R-0 zone From 30 feet to 25
feet
1-2 zone From 100 feet to 50
feet
5. Vegetation installed under the provisions of this section shall be continuously
maintained to conform to the requirements of this section.
§166.14 SITE DEVELOPMENT STANDARDS AND CONSTRUCTION AND
APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES.
C. Site Development Standards. The following site development standards shall apply when
either new development or expansion of 25% of the existing building square footage occurs.
1. Landscaping. Landscaping is required as follows:
a. Landscaping general provisions.
(1).Land-scaping shall be provided which is sufficient to provide
soil stability and suitable drainage.
(2).Trees, shrubs, ground cover and grass shall be the primary
source of landscaping and shall be placed and/or retained in such a manner as to reduce runoff.
(3). The current property owner shall properly maintain all
landscaping and shall replace any landscaping that dies or is damaged.
(4).Native vegetation should be used when possible in order to
minimize watering.
(5).Land-scaping should attempt to incorporate existing on-site
trees and shrubbery.
(6).Providing outdoor spaces and places for people to gather is
encouraged.
H.I USERSICOMMONDA WTIREPORTSIBO,4120022eports�wilson—varO2-Noe
Board ofAdjustment
April 1, 2002
VAR 02-8 Wilson
Page 1.6
b. Landscaping along front property lines.
(1). Land-scaped area required. A 15 foot wide landscaped area
shall be provided along the front property line exclusive of right-of-way. Entrance drives, exit
drives and sidewalks are allowed to cross the 15 foot landscaped area provided the integrity of
the landscaped area is maintained. Residential uses and zoning districts C-3 and C-4 shall be
exempt from this requirement.
(2). Variance. The width of the landscaped area may be reduced in
front parking lots when the parking lot setback reduction option is used pursuant to §172.0 1.
(3). Trees.
(a). Trees shall be planted in the 15 foot landscaped area at a
ratio of one tree per 30 feet of front property line and may be planted together in groups. No
group may count more than 25% of the required number.
(b). Species selection shall be at the discretion of the developer.
However, species which are listed in the Landscape Manual under the tree section guide are
encouraged.
(c). Trees planted shall have a two inch caliper(diameter)
measured six inches above ground level at the time of planting with at least 50%with an
expected mature height of 60 feet or more. In cases of existing overhead power lines, trees shall
be planted that will not interfere with existing power lines.
(d). Each tree shall have a minimum of 100 square feet of
permeable surface located under the potential canopy of the tree. Paving blocks, bricks, and iron
and plastic grates may be used over the tree root system to allow air and water into the root
system.
H:I USERSICOMMONDA WVYIREPORTSIBOA 12002reportsIvilson—var02-Noc
Board ofAdjustment
April 1, 2002
VAR 02-8 Wilson
Page 1.7
§161.14 DISTRICT C-2 THOROUGH-FARE
COMMERCIAL. C.Bulk and Area Regulations. Setback
lines shall meet the following minimum requirements:
A. Purpose.The Thoroughfare Commercial From Street ROW
District is designed especially to encourage the 50 ft.
functional grouping of these commercial enterprises From Side Property Line None
catering primarily to highway travelers.
From Side Property Line 15 ft.
B.Uses. When Contiguous to a
Residential District
1. Permitted Uses.
Unit I City-Wide Uses by Right From Back Property Line 20 ft.
Unit 4 Cultural and Recreational Facilities D. Building Area. On any lot the area
occupied by all buildings shall not exceed 60%of the
Unit 12 Offices, Studios and Related Services total area of such lot.
Unit 13 Eating Places E. Height Regulations. In District C-2 any
Unit 14 Hotel,Motel and Amusement building which exceeds the height of 20 feet shall be
Facilities set back from any boundary line of any residential
district a distance of one foot for each foot of height
Unit 15 Neighborhood Shopping Goods in excess of 20 feet. No building shall exceed six
stories or 75 feet in height.
Unit 16 Shopping Goods (Code 1991,§160.036;Code 1965,App.A,Art.
5(VI);Ord.No. 1747,6-29-89;Ord.No. 1833, 1 IA-
Unit 17 Trades and Services 7 1;Ord.No.2351,6-2-177;Ord.No.2603,2-19-80;
Ord.No.4034,§§3,4,4-15-97)
Unit 18 Gasoline Service Stations and Drive-
In Restaurants
Unit 19 Commercial Recreation
Unit 20 Commercial Recreation,Large Sites
Unit 24 Outdoor Advertising
Unit 33 1 Adult Live Entertainment Club or Bar
2. Uses Permissible on Appeal to
the Planning Commission.
Unit 2 City-Wide Uses by Conditional Use
Permit
Unit 3 Public Protection and Utility
Facilities
Unit 21 Warehousing and Wholesale
Unit 28 Center for Collecting Recyclable
Materials
Unit 32 Sexually Oriented Business
H.IUSERSICOMMONIDA WVT�REPORTS�B0,412002—reportsiwilson—varO2-81oc
Board ofAdjustment
April 1, 2002
VAR 02-8 Wilson
Page 1.8
0
DESCRIPTION OF REQUEST FOR VARIANCE AT
1120 LINDELL AVENUE
Owner proposes to have concrete pad, 10'x22', constructed next to southeast comer of
existing building to accommodate temporary food cooler, 7 '6** height x 7'10- �Aidtb x
15'6" length cooler (see Attachment 6, Plat-of-Survey). A 4' x 7' door will be added in
wall of building to provide access from the kitchen area to the food cooler. Concrete pad
will be located to the east and adjacent to existing outside eating area on south side of the
building. Food cooler is essential to continued use of the building by existing tenant,
Elenitas Mexican Cafe, due to requirement imposed by Department of Health for separate
facilities to accommodate food cooling. Due to location of the kitchen in the budding,
alternate location of food cooler is not feasible. The outside color of the food cooler will
be similar to the outside color of the building and if necessary, a privacy fence of identical
color can be added to enclose the food cooler.
ATTACHMENT 3
Board of Adjustment
April 1, 2002
VAR 02-8 Wilson
Page 1.9
March 7, 2002
TO: Chairman
Board of Adjustment
City of Fayetteville,Arkansas
RE: Variance Application
1120 Lindell Avenue
As required by ordinance, the following four criteria are addressed:
Criteria a. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicaW to other lands structures, or buildings
in the same district.
Response: The required setback for any structure over 30'" in height in the C-2 zoning
district is now 50' from the street right of way. The existing building, adjacent to North Street,
does not conform with this set back requirement, because of significant changes to North Street
that have occurred since the building was originally constructed a number of years ago. North
Street has been widened and has been designated on the City's adopted Master Street Plan as a
principal arterial,both circumstances which result in the non-conformity of the existing building to
the setback requirements. The building has been used as either a food or food related business
since it was originally constructed and in conformity before these events. Recently inspections by
the Department of Health have dictated that a food cooler area must be provided within the
building to permit its continued use as food facility. The kitchen facilities within the building are
situated such that the only feasible location for the food cooler is near the southeast comer.
Placement at any other location would require unprepared food be carried through the dining
area to reach the kitchen, a prohibited practice.
Criteria b. That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district under the terms of
this ordinance.
Response: Without approval of the variance, it is anticipated the Department of Health would
issue a permanent order closing down restaurant that now occupies the building and deny the
owner of the property those rights commonly enjoyed by other properties in the same district.
VAR 02-8 Wilson
Page LI 0
Criteria c. That the special conditions or circumstances do not result from the actions of the
applicant.
Response: Applicant's property has been used by tenants for a food or food related business
for a long period of time. The special conditions are a result of the stringent setback requirements
imposed by the ordinance coupled with the widening of North Street and designation as a
principal arterial. The City of Fayetteville has recognized this in the past by the granting of a
variance for additions to the building.
Criteria d. That granting the variance requested wiH not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or buildings in the same
district.
Response: Applicant is not asking for a variance due to non-conforming use of any
neighboring lands, structures, or buildings in the same district, and is not requesting any special
privilege be granted. Due to the street food safety requirements imposed by the Department of
Health, this has in the past resulted in shut down of tenant's business, and a loss of customer base.
Applicant anticipates denial of variance could result in further closings mandated by the
Department of Health and a real possibility that tenant would have legal basis to terminate the
lease due to financial losses. The variance will permit the applicant to continue to utilize the
building as a restaurant. The food cooler will be painted a color that will harmonize with the
color of the building and will be enclosed with a privacy fence of similar construction and color as
the adjacent outdoor eating area to achieve a overaU blend into the existing environment.
oard ofAdiustment
April 1, 2002
VAR 02-8 Wilson
Page].I I
PLAT-OF-SURVEY
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A PAR FOr TF[E SWIA OF THE NW114 OF SECTION 9,T-16-N,R-30-W
DESCRIBED AS BEGINNING ATA POINT WHICH IS S87'W57'E 375.W FEET
AND N2'3 1'40"E 30.W FEET FROM THE SW CORNER OF SAM 4)ACRE
TRACT,711ENCE ALONG THE FAST RIGHT-OF-WAY OF LINDELL STREET,
N2'-'rwr 136.87 FEET TO A C07TON SPINDLE;THENcE ALONG TuR.
SOUTHERLY RIGITI-OF.WAY OF MT COMFORT ROAD,WO IV3'E IN
1�.10 FEET TO AN IRON PIN;THENCE S2'2 Il 2-W 78.07 FEET TO AN IRON
PIN:TI IENCE ALONG THE NOR IT I RIOHT-OF-WAY OF NORTH STREET
N87'W57'W 66A7 FEET,THENCE N87*00'57'W 86.53 FEET TO THE POINT 01
BEGINNING SAID TRACTSUBJECT To ADDITIONAL RIGBT_0F_WAy EASEMENI FOR
NORT14 STREET TAKEN By DIE CITY OF FAYETTEVILLE DESCRIBED LEGEND
AS BEGINNING AT THE SW CORNER OF ABOVE DESCRIBED TRACT�THENCE
S97'M'57'F.86.53 FEET-THENCE NSO-39-19-W 29.44 FEET Tw.NCE 0 —FOUND IRON PIN
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BEGINNING. IN]OF 0 —SET IRON PIN
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DOUGLAS G.HEN41NGWAY NAME OA Vf.O W/csa'/ Board ofAdjustment
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)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: March 27, 2002
VAR 02-9.00: Variance (Barber,pp 254) was submitted by Brandon Barber for property
located at 3121 Tartan Way. The property is zoned R-1, Low Density Residential and contains
approximately 0.25 acres. The requirement is for an 8'side setback. The request is for a 1' side
setback(a Tvariance).
RECOMMENDATION:
Staff recommends approval of the requested 7' setback variance as shown on the attached
site plan with the following conditions:
1. This variance shall apply only to the proposed deck as stated in the applicant's
written request.
2. No additional living space or other structure shall utilize this variance.
3. The deck shall remain open and shall not be screened or enclosed.
4. Proof of approval of the project by the architectural review committee of the
Huntingdon POA to ensure compliance with covenants for the subdivision prior to
the issuance of a building permit for the proposed deck.
Ordinance Requirement Applicant's Request
Side Setback(west) 81 1' (a Tvarianc
BACKGROUND:
The subject property is located on Tartan Way, a short cul-de-sac in the Huntingdon PUD
(Planned Unit Development). The lot is pie shaped and adjoins common area owned by the
H:IUSERS�COMMONDA WVYIREFOR7SWOA12002-Teportsibarber-varO2-91oc
Board ofAdjustment
April 1, 2002
VAR02-9 Barber
Page 2.1
Property Owner's Association to the rear(west). When this subdivision was developed,
increased front setbacks were included in the covenant requirements for each lot. The
standard front setback for the R-1 zoning district is 25'. In Huntingdon, setbacks along
front property lines are increased to either 30' or 35' depending on the location.
The common area at the rear of the property provides distance and some perceived privacy
between this single family home and those within the lots on Charing Cross which also
backs up to this common area.
Planning staff has contacted the president of the Huntingdon POA. She is aware of this
variance request and has begun to notify those homeowners who she feels will be most
affected. The architectural review committee for the subdivision has been made aware of
the request as well and will be asked to review the project in accordance with the adopted
covenants.
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: Single family residence, R-1
South: Single family residence, R-I
East: Single family residence, R-1
West: Single family residence,R-1
GENERAL PLAN DESIGNATION Residential
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,IUSERSICOMMO]VIDAWnREPORTSIBOA12002-reports�barber-varo2-91oc
Board ofAdjustment
April 1, 2002
VAR02-9 Barber
Page 2.2
Finding: While the proposed deck is a luxury requested by the property owner, the
size of the home under construction as well as the shape of the lot and
increased setbacks required by the covenants of the subdivision have dictated
the location of the structure. The shape of the lot with common area located
behind the lot is not necessarily unique to this property since many lots in
this development have similar characteristics,however these conditions are
unique when compared to more standard R-I lots within the City.
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 not confer on the applicant any special
privilege that is denied by current zoning ordinances to other lands,
structures, or buildings in the same district. The use of this structure as a
single family home is permitted by right within the 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.
H.-WERSICOWONDA WVTLREPORTSOOA 12002-reportslbarhervarO2-91m
Board of Adjustment
April 1, 2002
VAR02-9 Barber
Page 2.3
Finding: A public hearing is scheduled for April 1,2002.
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: The variance requested is the minimum variance necessary for the property
owner to construct the deck that has been proposed.
(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 variance with recommended conditions 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.
The common open space behind this structure provides a buffer between
this lot and adjoining properties.
(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 for the property
owner to construct the deck that has been proposed.
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 conditions to ensure that the proper entities within
the Huntingdon subdivision review this proposal prior to the issuance of a
building permit. Additional conditions to ensure that this space does not
become enclosed living space in the future are also recommended. The
impact of an open-air deck in a back yard can certainly affect the
neighborhood differently than enclosed living space.
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.
H.-I USERSICOMMO"A WV71REPORTSIBOA 12002reports1barbervar02-91oc
Board of Adjustment
April 1, 2002
VAR02-9 Barher
Page 2.4
Finding: N/A
H.IUSERSICOMMOAWAWffwPORTMOA�2002_reportslbarber—varO2-9ioc
Board ofAdjustment
April 1, 2002
VAR02-9 Barber
Page 2.5
§161.04 DISTRICT R-1: LOW DENSITY D. Bulk and Area Regal tions.
RESIDENTIAL. Single-Family Two-Family
A. Purpose. The Low Density Residential Lot 70 ft. 80 ft.
District is designed to permit and encourage the Minimum
development of low density detached dwellings in Width
suitable 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-wide Uses by Right Unit
E
Unit 26 Single-Family Dwelling E. Ya Requirements(feet).
FRONT SIDE YARD REAR YARD
2. UsesPermissible on Appeal to YARD
the Plannin Z Commissio . 25 8 20
Unit 2 City-Wide Uses by Conditional Use
Permit
F. Building Area.On any lot the area
Unit 3 Public Protection and Utility Facilities occupied by all buildings shall not exceed 40%of the
total area of such lot.
Unit 4 Cultural and Recreational Facilities
Unit 8 Single-Family and Two-Family (Code 199 1,§160.03 1)
Dwellings
C. Density.
SINGLE-FAMILY TWO FAMILY
DWELLINGS DWELLINGS
4 or Less Families Per 7 or Less Families Per
Acre Acre
H.-I USE"COMMONIDA W71REPORTSIBOA L7002—reporlsibarbervar02-91oc
Board ofAdjustment
April 1, 2002
VAR02-9 Barber
Page 2.6
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This Variance request is being made in order to build a deck on the south side of house under
construction at this time.The deck would be Eight Feet by Twenty-Five Feet(200 sq ft)at a height of Five
Feet above grade.The deck will be inside the building setback and above the required height.
Note:The property adjoining this property is Greenspace.
Board ofAdjustment
April 1, 2002
VAR02-9 Barber
Page 2.7
Attention Chair of the Board of Adjustment
7a.Due to the position and set back requirements on the south side of property a variance is
required in order to position a deck on house that would be in the setback and above the required height.
7b.It is my understanding that other variances have been provided for other property owners in the
neighborhood for similar encroachments.
7c.Structure is positioned on lot in the only position possible to meet setback requirements.
7d,It is my understanding that other variances have been granted for similar encroachments.
Board ofAdjustment
April 1, 2002
VAR02-9 Barber
Page 2.8
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Board ofAdjustment
April 1, 2002
VAR02-9 Barber
Page 2.9
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