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HomeMy WebLinkAbout2002-05-06 - Agendas CITY OF FAYETTEVILLE AGENDA NOTICE BOARD OF ADJUSTMENT Monday, MAY 6, 2002 - 3:45 p.m. City Administration Building, Room 326 113 West Mountain Fayetteville, Arkansas PUBLIC MEETING - OPEN TO ALL The following items will be considered: 01dBusiness: Election of Chairperson Approval of minutes from the meeting of April 1,2002. New Business: VAR 02-11.00: Variance (Crider,pp 485) was submitted by Lane Crider for property located at 312 E. Lafayette. The property is zoned R-1, Low Density Residential and contains approximately 0.20 acres. The minimum frontage requirement is 70',the applicant requests a variance for the existing 58.25' wide lot(a 11.75' variance). The requirement is for an 8' side setback and a 20' rear setback. The request is to allow a 1' side setback(a 7' variance) and a 4' rear setback(a 16' variance). VAR 02-12.00: Variance(LeGrone, pp 99)was submitted by Dean LeGrone for property located at 3102 E. Ladelle Place. The property is zoned R-1, Low Density Residential and contains approximately 0.29 acres. The requirement is for a 8' side setback. The request is for a 7' side setback(a F 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. AGENDA FOR A MEETING OF THE BOARD OF SIGN APPEALS A meeting of the Board of Sign Appeals will be held Monday, May 6, 2002 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain Street, Fayetteville, Arkansas, 7270 1. The following item will be consider: New Business: SNA 02-2.00: Sign Appeal(St. Paul's Episcopal Church,pp 484)was submitted by James Foster of AminnoezFosterHaileyJohnson on behalf of St. Paul's Episcopal Church for property located at 224 N. East Avenue. The property is zoned R-0, Residential Office and contains approximately 2.0 acres. The request is for one 34 sq.ft. sign(a 18 sq.ft. variance) and one additional 34 sq.ft sign. 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. *Doug -Please run this display ad Sunday, May 6, 2002** PO#00-000-2923-001 "Proof Requested"Contact Janet with questions or comments at 575-8263 Thanks! 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, May 6, 2002, 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: Old Business: Election of Chairperson Approval of minutes from the meeting of April 1,2002 New Business: 1. VAR 02-11.00: Variance (Crider, pp 485) was submitted by Lane Crider for property located at 312 E. Lafayette. The property is zoned R-1, Low Density Residential and contains approximately 0.20 acres. The minimum frontage requirement is 70',the applicant requests a variance for the existing 58.25' wide lot(a 11.75' variance). The requirement is for an 8' side setback and a 20' rear setback. The request is to allow a F side setback(a 7' variance) and a 4' rear setback(a 16' variance). 2. VAR 02-12.00: Variance (LeGrone,pp 99)was submitted by Dean LeGrone for property located at 3102 E. Ladelle Place. The property is zoned R-1,Low Density Residential and contains approximately 0.29 acres. The requirement is for a 8' side setback. The request is for a 7' side setback(a V 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: April 23, 2002 VAR 02-11.00: Variance (Crider,pp,485)was submitted by Lane Crider for property located at 312 E. Lafayette. The property is zoned R-1, Low Density Residential and contains approximately 0.20 acres. The minimum frontage requirement is 70',the applicant requests a variance for the existing 58.25' wide lot (a 11.75' variance). The requirement is for an 8' side setback and a 20' rear setback. The request is to allow a l' side setback(a 7' variance) and a 4' rear setback(a 16' variance). RECOMMENDATION: Staff recommends approval of the requested lot width minimum (11.751), side setback(T) and rear setback(16')variances as shown on the attached site plan with the following conditions: 1. Proposed carport structure shall be built in accordance with site plan, elevations, and materials specified by the applicant. 2. Setback variances shall only apply to the proposed carport and will not apply to future additions or alterations to the principle structure or other accessory buildings. Ordinance Requirement Applicant's Request Lot Width Minimum (R-1) 701 58.25' (an 11.75'variance) Side Setback(R-1) S' V (a 71 variance) Rear Setback(R-1) 20' 4' (a 16'variance) HIUSERMCOMMO",4 WVYIREPORTSIBOA12002-reportslcrider-varO2-lidoc Board of A djustm ent May 6, 2002 VAR 02-11 Crider Page 1.1 BACKGROUND: The subject property is located within the Washington—Willow Historic District. The existing lot is non-conforming with regard to the minimum lot width,however it does contain more than the minimum lot area. In order for the lot to be considered conforming, a variance of 11.751 is necessary. The applicant is in the process of renovating and adding onto the structure which was built in this location in the 1930's. The existing building as well as the addition under construction are both compliant with required setbacks for the zoning district. This in itself is a unique condition as many of the structures in the area do not meet these requirements. With this request,the applicant proposes to build a new carport structure to replace a single car garage which has been removed from the property. The applicant would like to locate the proposed carport at the far northeast corner of the property and has asked for two variances in order to place it in a manner which functions with regard to the established driveway and still allows for the use of the small rear yard. According to City plat maps,there are no utility easements located within the setbacks that the applicant wishes to reduce with this request. 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 residential, R-I South: Church& School (St. Joseph's), R-I East: Single family residential, R-I West: Single family residential, R-I GENERAL PLAN DESIGNATION Residential H.1USERSICOMMOMDAWTIREPORMBOA L7002--reporisicrider—varO2-Ildoc Board ofAdjustment May 6, 2002 VAR 02-11 Crider Page 1.2 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 narrow nature and small size of this lot is unique to the zoning district which would require a wider lot if it were to be created under current zoning regulations. The configuration of existing elements on the property including the principle structure and the established driveway dictate available locations for the proposed carport which will need to function in relation to each of these existing features. 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 location of the principle structure was determined when it was originally constructed in the 1930's. The applicant was not responsible for the placement of structures or use areas on the property. While there is potential for locating the proposed carport in compliance with setback requirements, it would not function with regard to the location of the house and existing driveway. 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 will not confer on the applicant special privileges that are denied by zoning regulations to other lands, structures, or buildings in the same district. H.,I USERSICOMMONDA fflV7WP0R7S1B0A 12002—reportsicridervar02-1 Hoc Board ofAdjustment, May 6, 2002 VAR 02-11 Crider Page 1.3 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 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 May 6,2002. 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: Reasons set forth in the application justify the granting of the variance. The variance is the minimum variance that will make possible the construction of a single vehicle carport that accommodates the needs of the applicant while providing compatibility with the neighborhood. (L) Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting 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. ,(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: Reasons set forth in the application justify granting the variances. The requested variances will make possible the reasonable use of the property for H.'I USERSiCOMMO]VIDA WVIIREPORTSIBOA Q002—reporlslcridervarO2-1 Idoc Board ofAdjustment, May 6, 2002 VAR 02-11 Crider Page 1.4 a carport structure to serve the existing single family home. 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 setback variances only apply to the proposed carport and that the carport is constructed as the applicant has indicated on site plans and elevation drawings, including materials specified in the application materials. 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 USERSiCOMMOMDA UnREPORYSIBOA 12002reporlsicridervar02-1 Hoe Board ofAdjustment, May 6, 2002 VAR 02-11 Crider Page 1.5 §161.04 DISTRICT R-1: LOW DENSITY D. Bulk and Area Regul tions. RESIDENTIAL. Single-Family Two-Family A. Purpose. The Low Density Residential Lot 70 ft. so 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 Cit�y-w de Uses by Right Unit Unit 26 Single-Family Dwelling E. Ya Requirements(feet). FRONT SIDE YARD � REAR YARD 2. UsesPermissible on Appeal to YARD the Plannin Z Commission. Unit 2 City-Wide Uses by Conditional Use 25 8 20 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.,VSERSICOMMOMDA WnREPORTSIBOA 12002-reportsicrider-varO2-1,Uoc Board ofAdjustment� May 6, 2002 VAR 02-11 Crider Page 1.6 M. Lane Crider, P.E. 2876 Riverridge Drive Telephone 479-442-5162 Fayetteville,AR 72704 March 28, 2002 Re: Description of Request for Variance 312 E. Lafayette Fayetteville, Arkansas 72701 This request for variance is to allow a new carport-style structure to be constructed in place of a previously existing garage. The existing garage was approximately 216 square feet and in very poor condition. It also encroached approximately 4 feet into the rear lot line setback of 20 feet. Due to the poor condition of the structure, its small size, and the construction of the new addition to the residence, we are removing the old garage and propose to construct a new carport-style structure to house a single vehicle. We would request that a 7 foot side lot line and a 16 foot rear lot line variance be granted, as shown on the attached Site Plan. The proposed structure, as shown in the attached drawing,will be designed to conform with the existing residence as well as the surrounding neighborhood, in which this type of structure is common. The proposed structure will be constructed of brick, stucco and wood trim with a shingled, hip roof The structure will be approximately 300 square feet. ' Thank you for your time and consideration in this matter. Sincerely, M. Lane Crider, P.E. 2876 Riverridge Drive Fayetteville, Arkansas 72704 Enclosures: Site Plan Elevation Drawings of Proposed Structure Record Plat Mailing Labels of adjacent property owners Board of A djusonent. May 6, 2002 VAR 02-11 Crider Page 1.7 M. Lane Crider, P.E. 2876 Riverridge Drive Telephone 479-442-5162 Fayetteville,AR 72704 March 28, 2002 Re: Request for Variance 312 E. Lafayette Fayetteville, Arkansas 72701 Chair of the Board Board of Adjustment City of Fayetteville 113 West Mountain Fayetteville,.Arkansas 72701 Dear Chair of the Board: I would respectfully request that the Board of Adjustment consider a variance to the existing setback requirements for the above-referenced property. My wife and I have purchased the property and are currently underway with remodeling and adding additional square footage to the existing residence. An existing, separate single-car garage also sat on the property with the residence, both of which were constructed sometime around the 1930's. The existing garage was in very poor condition and also encroached approximately 4 feet into the rear lot line setback of 20 feet. Due to the poor condition of the structure, its small size for modem vehicles and the new addition to the residence, we are removing the old garage and propose to construct a new carport-style structure to house a single vehicle. We would request that a 7 foot side lot line and a 16 foot rear lot line variance be granted, as shown on the attached Site Plan,. The proposed structure, as shown in the attached drawing, will be designed to conform with the existing residence as well as the surrounding neighborhood, in which this type of structure is common. As required by ordinance, the following 4 criteria must be demonstrated: I. 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. 2. 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. 3. That the special conditions and circumstances do not result from the actions of the applicant. 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, s%oUar-rtYroJSA$rustment, buildings in the same district. May 6, 2002 VAR 02-11 Crider Page 1.8 M.Lane Crider,P.E. Page 2 We would offer the following responses to those criteria as enumerated: 1. At 58 feet wide, the lot on which the existing house and garage sit is very narrow by common standards as well as what is typical to the surrounding district. The old garage is offset from the existing driveway, but still encroaches on the rear lot set back. By allowing the variance request, the proposed garage will be lined up with the driveway approach, making the lot more usable and livable by providing cover for a vehicle as well as incorporating as much rear yard green space as possible. 2. By literally interpreting the provisions of the ordinance, the only remaining area in which a structure could be built would be directly behind.(to the north) of the house. Because the rear lot set back is 20 feet, there is only 11.5 feet of available ground on which the structure could be built. Access into this structure from the existing driveway would be extremely confined because the lot is so narrow. Also, this alternative would effectively eliminate the ability to create an enjoyable, livable back yard. Therefore, a literal interpretation of the provisions of the ordinance would deprive us of convenient, covered parking as well as a usable, livable back yard. 3. No special conditions or circumstances would result from granting this variance request. The majority of lots in this district currently are allowed the same conditions and circumstances that we are requesting. 4. Again, as stated in No. 3 above, no special privilege would be granted to us by allowing this variance. Because the majority of the houses and structures in this district were constructed long before these ordinances were established, most lots in this district currently enjoy the same privilege that we are requesting. As stated previously, the proposed structure will be designed to blend with and compliment the surrounding neighborhood and will allow us to establish an attractive and livable home. It will also be constructed to conform to all applicable building codes. I understand that this RI setback ordinance was established for good and reasonable purposes and as subdivisions in the city continue to be built this ordinance allows for off- street utility easements and greenspace that are necessary in current designs. However, I hope that the Board will take into consideration that this lot and the surrounding neighborhood are nonconforming in many aspects by virtue of age and style. Thank you for your time and consideration in this matter. Sincerely, j�2 M. Lane Crider,P.E. 2876 Riverridge Drive Fayetteville, Arkansas 72704 Enclosures: Written Description of Request with Attachments Board ofAdjustment May 6, 2002 VAR 02-11 Crider Page 1.9 IL cc cn \L N�r ]k Board 6 -4 i ustment, May 6, 2002 VAR 02-11 Crider Page LI 0 -0EIVED APR 0 9 ?002 PLAN14ING DIV, ELIZABETB WOODS REVOCABLE TRUST 765-,07950-000 ELIZABET11 D16ME BELL TRUS 765-0794 5-000 EXISITNG GARAGE (TO BE 14. REMOVED) Lj NEW ADDITION (Permit No. 0200011) 765-07947-000 GESSLE BELLO 1 765-07946-000 -F REQUESTED SET BACK VARIANCE EXISTING STRUCTURE PROPOSED NEW CARPORT (RESIDENCE) 77/71 DRIVEWAY EXTENSION 17.50' z 0 CRIDE 765-07948-000 —SB— --:Z- 8.w 58.25* LAFAYETTE STREET (60' R/W) 0 40 20' SITE PLAN FOR LANE AND STACY CRIDER d u."men" 0 j ay 6 2002 312 E. LAFAYETTE 11 Cr FAYETTEVILLE, ARKANSAS LCJ 2 page ide I I I VAR02-1 1.00 Close Up View CRIDER EN F M T ma' am M Elf Ed El F-77 E-Lim E3 LJ b E3 E? SUBJECT PROPERTY G] y Pogo 5F Mis 0 E--M� Rm,�=2 M; Z�,M �R 13 L..,j q N- EJ< > > < Overview Legend Boundary S b',-ct Property p, A, aster Street Plan u J( atuntrig eaM VAR02-1 1.0(100000c� '5�7�NZ�,�Freeway/Expressway Overlay DistrfAss; Principal Merial Streets I--- Existing ___: CityLirnits ON,,,,,�NfinnrMeriat Outside City Board ofAdjustment., 0 8&5 177 354 531 708 May 6, 2002 p NO m, 1 0 0 WIN[ nm,!,.g IN on—will Lo lot DWES m! WIN mol,,I- ,fig WIII kmome7i a MI. in uZ=w[W Eli 9: all IMMUNE, MAN' gla Of mm MIEN- -- I Iff cow WON ffix V4 IWN,1111 a' ED% -11111f lumpmiilgilppl OR En IBM 02 A a MI L Wal fit ON RUN EM NO M JAN MAN win= Board ofAdjustment. May 6, 2002 VAR 02-11 Crider Page 1.14 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: April 23, 2002 VAR 02-12.00: Variance (LeGrone, pp 99)was submitted by Dean LeGrone for property located at 3102 E. Ladelle Place. The property is zoned R-1, Low Density Residential and contains approximately 0.29 acres. The requirement is for a 8' side setback. The request is for a 7' side setback(a l' variance). RECOMMENDATION: Staff recommends denial of the requested setback variance as shown on the attached site plan. Should the Board of Adjustment choose to approve the request, staff recommends the following condition: 1. Variance shall only apply to the portion of overhang shown on site plans attached to this application to encroach into the required setback. No other portion of the structure, including future alterations or additions shall utilize this variance to encroach the required setback. Ordinance Requirement Applicant's Request Side Setback(R-1) 89 7' (1' variance) BACKGROUND: The subject property is a vacant lot within the newly developed Stonewood Subdivision located off of Hwy 265 (Crossover Drive)very Dear the Springdale City limits. This subdivision was filed of record making lots available for sale on August 15,2001. Lots within this development are larger than the minimum required lots in the R-1 district. The H.-IUSERSICOMMONDA WfflREPORTS�BOA12002-REPOR7'SILAGRONE-VAR02-12)OC Board ofAdjustment May 6, 2002 VAR 02-12 LeGrone Page 2.1 subject lot contains approximately 14,810 s.f. (0.34 acres)while the minimum allowable area is 8,000 s.f. While the minimum frontage requirement is 70' in the R-1 district,this lot has approximately 90' of frontage along Ladelle Place. A utility easement along the western lot boundary requires that the setback is increased from the standard 81 to 151 in order for utilities to be installed for the subdivision. All other setbacks are standard for this lot. While the applicant has surely spent time and money planning for this lot and structure, the Board of Adjustment is required by state law (see attached) to only grant a variance when there are circumstances or conditions which are unique to the subject property and when the applicant has not caused those conditions or circumstances. In this case,staff is unable to make the findings necessary to recommend approval of a variance. It is imperative that whenever possible,zoning regulations are enforced city-wide, in a fair and uniform manner. The only unique condition in this case is that the applicant has chosen a floor plan that is too large for the lot. Therefore, staff has recommended denial of this request. 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 residential, R-I South: Single family residential, R-1 East: Single family residential,R-1 West: Single family residential, R-1 GENERAL PLAN DESIGNATION Residential H.-IUSE)MCOMMONIDA MYTREPOM00A L7002-REPORTSILAGRONE-VAR02-]Z)OC Board ofAdjustment May 6, 2002 VAR 02-12 LeGrone Page 2.2 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. The development of this property with a single family home as permitted under current zoning regulations does not require any variances. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Unable to make finding. The inability to construct the applicant's chosen structure due to required setbacks and easements located on this lot is a function of the chosen floor plans and not a special circumstance or condition. 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 variance will not confer on the applicant any special privilege that is denied to other lands, structures or buildings with regard to the uses permitted within the R-1 zoning district. All developments within this district however, are expected to comply with required bulk and area regulations unless there are proven to be circumstances unique to the property which merit approval of a variance from the Board of Adjustment. 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 H;USERSICOMMOIADA WVYIREPORTSIBOA 12002-REPORMAGRONE VAR02-1Z)0C Board ofAdjustment May 6, 2002 VAR 02-12 LeGrone Page 2.3 issuance of a variance. Finding: No nonconforming uses or structures 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 May 6,2002. 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: Unable to make finding. (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: Unable to make finding. (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: None recommended. C. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the H.-I USERSICOMMONIDA WIREPOM00A 12002-REPORTSILA GRONE VAR02-]DOC Board ofAdjustment May 6,2002 VAR 02-12 LeGrone Page 2.4 zoning regulations in said district. Finding: N/A H.-I USEPSICOMMOMDA WVTLPEPORTStROA 12002-REPORMLAGRONE VAR02-IDOC Board ofAdjustment May 6, 2002 VAR 02-12 LeGrone 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 Eunit I City-Wide Uses by Right Unit Unit 26 Single-Family Dwelling E. Ya Requirements(feet). FRONT SIDE YARD REAR YARD 2. UsesPermissible on Appeal to YARD the Planniji 4 Commission. 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 1991,§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.IUSERSACOMMONDA UNYIREPOR7SIBOA12002-REPORTSUGRONE-VAR02-]Z)OC Board ofAdjustment May 6, 2002 VAR 02-12 LeGrone Page 2.6 § 14-56-416. Zoning ordinance. (a)(1) Following adoption and filing of the land use plan, the commission may prepare for submission to the legislative body a recommended zoning ordinance for the entire area of the municipality. (2) The ordinance shall consist of both a map and a text. (3)(A) The ordinance may regulate the location, height,bulk, number of stories, and size of buildings; open space; lot coverage; density and distribution of population; and the uses of land, buildings, and structures. (13) The ordinance may require off-street parking and loading. (C) The ordinance may provide for districts, of compatible uses, for large scale unified development, for elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the municipality. (D) The ordinance shall include provisions for administration and enforcement. (E)(i) The ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable. (ii) The regulations imposed within each district or zone shall be uniform throughout the district or zone. (b)(1) The ordinance shall provide for a board of zoning adjustment, which may either be composed of at least three (3) members, or the commission as a whole may sit as the board of zoning adjustment. (2) The board shall have the following functions: (A) Hear appeals from the decision of the administrative officers in respect to the enforcement and application of the ordinance, and may affirm or reverse, in whole or in part, the decision of the administrative officer; (13)(i)(a) Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the ordinance. (b) The board shall Dot permit, as a variance, any use in a zone that is not permitted Board ofAdjustment May 6, 2002 VAR 02-12 LeGrone Page 2.7 under the ordinance. (c) The board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property. (ii) Decisions of the board in respect to the above shall be subject to appeal only to a court of record having jurisdiction. (3)(A) The board shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. (B) Each session of the board shall be a public meeting with public notice of the meeting and business to be carried on published in a newspaper of general circulation in the city, at least one (1) time seven (7) days prior to the meeting. (c) The ordinance shall be observed through denial of the issuance of building permits and use permits. History. Acts 1957, No. 186, § 5; 1965,No. 134, § 1; A.S.A. 1947, § 19-2829. § .14-56-417. Regulations to control development of land. (a)(1) Following adoption and filing of a master street plan, the commission may prepare and shall administer, after approval of the legislative body, regulations controlling the development of land. (2j The development of land includes, but is not limited to: (A) The provision of access to lots and parcels; (13) The extension or provision of utilities; (C) The subdividing of land into lots and blocks; and (D) The parceling of land resulting in the need for access and utilities. (b)(1) The regulations controling the development of land may establish or provide for the rninimurn requirements as to: (A) Information to be included on the plat filed for record; (13) The design and layout of the subdivision, including standards for lots and blocks, street rights-of-way, street and utility grades, and other similar items; and Board ofAdjustment May 6, 2002 VAR 02-12 LeGrone Page 2.8 RDL April 16, 2002 Chairman and board members Board of Adjustments City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Sirs: Attached is an application for a small variance to the platted setback requirement of lot #67 in the Stonewood Subdivision in Northeast Fayetteville. This includes the required application fee of$25, a copy of the deed, a complete written description of this request, two sets of mailing labels listing the names and addresses of the adjacent property owners, a copy of the recorded plat, and the proposed site plan (drawn to scale). The following four criteria are addressed as follows: a. The lot was purchased in August 2001 based on the belief that the buildable area was the lot width of 88' less 8' setbacks from each side as referenced in the subdivision covenants. The proposed house-plan was carefully chosen to fit within the remaining buildable area which the applicant thought was 72' (88' width less 16' of total setbacks). Once the utility easement was brought to applicants attention (when the building permit was obtained), the buildable area was reduced to a 65' width. The proposed house width is 64', which does not allowing for adequate overhangs. The applicant would like to build with the walls flush with the right side setback with a 1' overhang into the setback to compensate for this issue. b. The literal interpretation of this ordinance would deprive me the use of the lot with the proposed house plan. The plan has already been purchased after going through five revisions to customize it to my use. Starting over would cause an expensive and time consuming delay. c. The special conditions that caused this challenge resulted from a lack of knowledge by the applicant of the utility easement that exceeds the setback requirements on the west side of the lot – the house-plan was not selected that purposefully needed the variance. I relied on the setback provisions in the covenants and acted in good faith. d. Granting of this variance will not confer on me any special privilege denied to other buildings in the district. I am told minor variance approvals are not uncommon unless opposed by surrounding neighbors. Thanks in advance for consideration of my proposal. Sin"Iy, "V&4-Y4_�— Dean LaGrone Board ofAdjustment May 6, 2002 VAR 02-12 LeGrone Page 2.9 RDL April 16, 2002 Chairman and board members Board of Adjustments City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Sirs: The following is the written description of this request: As owner of Lot 67, Stonewood, a subdivision to the City of Fayetteville, Arkansas am asking for a variance of one foot for the length of the light(east) setback of the lot. Sinc rely, Dean LaGrone Board ofAdjustment May 6, 2002 VAR 02-12 LeGrone Page 2.10 s"f; st L "Im. PIM Is, is e4, riz. N -et fs st rt 7�g Op., 1W, w if :A Its, _f7lt I 'if I I�o "tt, U f C16 _Al r) Board-6f,4d)us' e t n. May 6, 2 VAR02-12LeGrone Page .11., RDL April 11, 2002 Mark Foster PO Box 9087 Fayetteville, AIR 72703 Dear Mark: I am applying for a one-foot variance for a roof overhand only into the eight-foot side setback on the east side of lot 67 Stonewood Subdivision in Fayetteville. This is needed as a 15-foot utility easement on the west side was unknown to me until I applied for a building permit. Due to the easement, the remaining buildable area (based on by house plan) is a foot short of allowing for both the house and the overhangs on both sides. As an adjacent property owner you may be asked for comments on this variance. To hopefully speed up this process, I am attempting to contact the adjacent property owners in advance of the Board of Adjustments meeting on May 5 to discuss any concerns they might have. I understand you own adjacent lots 61, 62, 63, 68, 70,and 71. If you understand what is being proposed and are not opposed to the one-foot variance for the overhang only (the walls of the house will be within the current setbacks and easement), I would appreciate it if you would execute this letter in advance. I will attach the letter along with my application. I may be reached as follows: Dean LaGrone 122 San Jose Drive Springdale, AIR 72764 DlaqroneCa-_)fsbancorp.com 479-750-2550 home 479-527-7000 work 479-466-4322 cell Thanks in advance for your consideration. Sincerely, Dean LaGrone I understand what you are proposing and support the one-foot variance for the overhang into th right (ea tbac of Lot 67 Stonewood. Date: L Board of Adjustment May 6, 2002 VAR 02-12 LeGrone Page 2.12