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
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May 6, 2002
VAR 02-11 Crider
Page LI 0
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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
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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