HomeMy WebLinkAbout2002-06-03 - 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, June 3, 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:
Approval of minutes from the meeting of May 6,2002
New Business:
1. VAR 02-13.00: Variance (Archer, pp 481)was submitted by Julian Archer for property
located at 2231 Markham Road. The property is zoned A-1, Agricultural and contains
approximately 37.79 acres. The requirement is for a 100' setback from a R-I zone. The
request is for a 75' setback(a 25' variance).
2. VAR 02-14.00: Variance (Zimmerman, pp 447) was submitted by Stacey Zimmerman
for property located at 1026 E. Rebecca Street. The property is zoned R-1,Low Density
Residential and contains approximately 0.27 acres. The requirement is a 8' side setback
and a 25'from setback. The request is for a 4' side setback(a 4' variance) for an existing
Structure; a 3' side setback(a 5' variance) for a proposed garage; and a 10' front setback
(a 15' variance) for the proposed garage.
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: Shelli Rushing, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: June 3, 2002
VAR 02-13.00: Variance (Archer,pp 481) was submitted by Julian Archer for property located
at 2231 Markham Road. The property is zoned A-1, Agricultural and contains approximately
37.79 acres. The requirement is for a 100' setback from a R-I zone. The request is for a 75'
setback (a 25' variance).
RECOMMENDATION:
Staff recommends approval of the requested 251 setback variance as shown on the attached
site plan with the following conditions of approval:
1. Variance shall apply to proposed barn structure only.
2. Any future alterations or additions shall comply with zoning regulations
including required setbacks.
Ordinance Requirement Applicant's Request
Setback from R-I zone 100, 75' (25' variance)
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 IUSERSICOMMOWHELMISTAFFREPORTStBOA106-03tV,4RO2-13ARCHERDOC Board ofAdjustment
June 3, 2002
VAR 02-13 Archer
Page LI
BACKGROUND:
The subject property was an area which housed horses and other barnyard animals for many
generations until the late 1990's. At that time, the owners decided not to maintain horses on the
property until a new bam could be constructed to replace one that was in poor repair. Because
the property as well as the acreage surrounding it was zoned R-I in 1970, once the animals were
removed and six months passed,the non-conforming condition of permitting the animals in a
residential zoning district was no longer a grandfathered right for the property owners.
Recently, a building permit was requested for a new bam for this applicant. The intent is to
replace the old barn and to reestablish the use of the property for boarding and running horses
owned by the property owners. Because of the residential zoning of the property, staff made the
applicant's aware that the uses that they were proposing were not permitted and that a rezoning
would be necessary. The rezoning was granted by City Council on May 21, 2002.
The applicant is proposing to construct a traditional wood frame gambrel roof barn with a
dimension of 91' x 70'. The total square footage is 6,370 square feet. The barn is approximately
600' from the applicant's house and 500' from the applicant's grandparent's house. Other
residential structures are more than 1,000' from the proposed bam site.
The Supplementary Zoning Regulations require that a use consisting of boarding or training
horses have a 100' setback from adjacent R-1 Low Density Residential Districts. The proposed
bam site is located 80' from an R-I district, which contains a city-owned water tank. Moving the
bam to meet the required 100' setback from an R-I district would place it in a wooded area with
sloping topography. The applicant is requesting a 25' variance to allow a 75' setback between
the bam and the R-I Zoning District. The applicant is requesting a 25' variance instead of a 20'
variance (the proposed location is setback 80') in case any unforeseen problems arise with laying
the barn foundation.
SURROUNDING LAND USE AND ZONING
North: Single family homes large acreages, R-1
South: Single family homes large acreages,R-1
East: Single family homes/large acreages, R-1
West: Single family homes/large acreages, R-1
GENERAL PLAN DESIGNATION
General Plan 2020 designates this site Residential. The property was found to be consistent with
the General Plan and was rezoned to A-1 Agricultural and the proposed barn is compatible with
surrounding land uses in the area.
Board ofAdjustment
H.-IUSERSICOMMOMSHELLASTAFFREPORTSIBO,4106-03�VAR02-13.4RCHERDOC June 3, 2002
VAR 02-13 Archer
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 topography of the site restricts the area in which a barn can be built. To
the west of the proposed barn location is a heavily wooded area with slight
slopes. If the barn were to be shifted to meet the 100' setback, trees would
have to be removed and grading would be necessary to level the slope.
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 ordinance would limit
the barn size and location as proposed by the applicant.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special conditions and circumstances of the site are not a result of the
action of the applicant. The site topography restricts the area of this property
on which a barn can be constructed. The city purchased two acres in the
middle of a 40 acre pasture and zoned it R-1 to construct the water tower.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: The granting of the requested variance will not confer on the applicant any
special privilege that is denied by the City's zoning regulations to other lands,
structures, or buildings in the same district. A horse barn is a permitted use
in the A-I Agricultural district.
H.IUSEI?SICOMMON�SHELLASTAFFREPORTSOOA M-031 VAR02-13 ARCHEP DOC Board ofAdjustment
June 3, 2002
VAR 02-13 Archer
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: Nonconforming uses were not 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 3:45 p.m. on June 3,2002 in Room 326 of
the City Administration Building at 113 W. Mountain Street.
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,�vill
make possible the reasonable use of the land,building, or structure.
Finding: The reasons set forth in the application justify granting the variance. The
minimum variance would be 20' to allow the proposed location at 80' from
the R-1 Low Density Residential zoning district.
(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: The requested variance will not be injurious to the neighborhood,which is
predominantly large lot single family. The variance will not be detrimental to
public welfare. The adjacent R-1 district contains a water tower and likely
will never be used as a single family residence. The general purpose and
intent of zoning regulations are to provide for open space, air circulation,
visual distance and access between structures on adjacent lots and the
proposed variance will not impair this intent.
(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.
H.�USE)ZSICOMMONISHELLMT,4FFREPOR7,StBOA106-031VAR02-13ARCHERDOC Board ofAdjustment
June 3, 2002
VAR 02-13 Archer
Page 1.4
Finding: 1. The situation was not created by the applicant.
2. The variance will allow the barn and avoid the removal of trees and
intense land disturbance.
3. The variance will allow the owner to use the property in accordance
with the uses allowed in the A-1 zoning district which the property is
zoned.
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: There are no maximum height limitations in the A-1 zoning district.
However, any structure greater than 151 in height must provide P additional
setback for every 11 greater than 15 1. To limit the variances to the proposed
barn only,the following conditions shall apply:
I Variance shall apply to proposed barn structure only.
ii. Any future alterations or additions shall comply with zoning
regulations including required setbacks.
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: The proposed horse barn is a permissible use and is a use by right in an A-1
district.
HIUSERSICOMMOMShelfilSta eports�ROA�06-031VAR02-13Archer.doc
.#R Board ofAdjustment
June 3, 2002
VAR 02-13 Archer
Page 1.5
From Chapter 161:Zoning Regulations
City of Fayetteville
Unified Development Ordinance
§161.03 DISTRICT A-1 AGRICULTURAL.
A. Purposes.The regulations of the E.Height Requirements.There shall be no
Agricultural District are designed to protect maximum height limits in the A-1 District,provided,
agricultural land until an orderly transition to urban however,that any building which exceeds the height
development has been accomplished; of 15 feet shall be setback from any boundary line of
prevent wasteful scattering of development in rural any residential district a distance of 1.0 foot for each
areas;obtain economy of public funds in the foot of height in excess of 15 feet. Such setbacks shall
providing of public improvements and services of be measured from the required yard lines.
orderly growth;conserve the tax base;prevent
unsightly development, increase scenic (Code 1991, §160.030;Code 1965,App.A,Art. 5Q);
attractiveness;and conserve open space. Ord.No. 1747,6-29-89)
B.Uses.
1. Permitted Uses.
Unit I City-Wide Uses by Right
Unit 3 Public Protection and Utility Facilities
Unit 6 Agriculture
Unit 7 Animal Husbandry
Unit 8 Single-Family and Two-Family
Dwellings
2. Uses Permissible on Appeal to
the Planning Commission.
City-Wide Uses by Conditional Use
Permit
Cultural and Recreational Facilities
Commercial Recreation;Large Sites
C. Bulk and Area Regulatio s.
Lot Width Minimum 200 ft.
Lot Area Minimum:
Residential 2 acre
Nonresidential 2 acre
Area Per Dwelling Unit 2 acre
D.Yard Requirements(feet).
FRONT SIDE YARD REAR YARD
YARD
35 20 35
H.-IUSERSICOMMON�ShellitStaffReporisWOA106-031VAR02-13Archer.doo Board ofAdjustment
June 3, 2002
VAR 02-13 Archer
Page 1.6
From Chapter 163: Use Conditions
City of Fayetteville
Un�rled Development Ordinance
§163.06 ANIMALS AND FOWL. The following
uses,where permitted,shall be conducted no nearer
than the following stated number of feet to the
boundary of an R district,or to a dwelling on the
same premises:
50 Feet
Animal Hospital: serving household pets and
similar small animals
Commercial Breeding,Raising,Boarding:
breeding,raising,or boarding of household pets or
similar small animals for commercial purposes
Kennel
Egg Farm
06
Animal Hospital: serving livestock and similar
animals
13-4044j#�'�T
Dairy Farm
Poultry Farm
Farm: for raising cattle,goats,horses,sheep,
I rabbits,and poultry
200 Feet
Hog Raising
Livestock: assembly,breeding,feeding, sales or
shipment
(Code 199 1, §160.078;Code 1965,App.A,Art.
7(3);Ord.No. 1747,6-29-70)
Board ofAdjustment
H.-I USERSICOMMOMShellilStaffieportsl6OA 106-03 1 VAR02-13 Archerdoc June 3,2002
VAR 02-13 Archer
Page 1.7
05/14/2002 12:18 5152434OB9 ARCHER PAGE 05
May 13, 2 002
To the Chair and Members of the Fayetteville Board of Adjustment
I would like to build a traditional wood frame gambrel roof
barn 91' long by 70' wide which would have a footprint of 6,370
square feet.
I am requesting a 25' variance from the rule requiring a 100'
setback for a farin building froin an Rl zoned area. This request is
for a 2 5' variance instead of 2 0', as the barn is sited in our proposal,
in case we run into some obstacle (limestone7) when excavating for
the barn foundation. In February when I requested a building permit
for a barn to replace an existing barn which is falling down, I
mentioned that we had not had horses on the property for several
years and was informed that I would have to get the property
rezoned from RI to Al. The third and final reading of this request
by the Fayetteville City Council is going to take place on May 21,
which, if approved, will enable us to build a barn and have horses.
,Complete details on how this request came about are available from
the City Planning Department.
Special Conditions: The district in question is a pasture and has
been a pasture for 100 years or more. The siting of this proposed
barn has been determined by placing it a considerable distance from
our residence at 2115 Markham Road (approximately 600% but not
too distant, I also own my grandparents' house at 2 2 3 1 Markham
(where the caretaker now lives) which is approximately 5 00' away
from the barn site. As you can see, the closest residences are well
away from the barn and are on property owned by the applicant.
The closest property or residence not owned by the applicant is
approximately 1,000' away through dense woods. It should be noted
that the barn is to be 80' from City's water tank property line, a
property which I understand is zoned Rl, though, of course, no
houses ever will be built there. To move the barn farther westward
unnecessarily increases its distance from the residences at 2115 and
2231 Markham and puts the west side of the barn into a wooded
area which would have to be cut down in order to provide access to
the stalls on the west side. Furthermore, it puts the western edge of
the barn at a point where the land begins to fall away more steeply.
Incidentally, this will be the only barn in this A I district-to-be.
Board ofAdjustment
June 3, 2002
VAR 02-13 Archer
Page 1.8
05/14/2002 12:18 5152434089 ARCHER PAGE 06
Literal Interpretation: I own all of the property in this Al district-to-
be, so the question of other properties seems to be a moot point.
Special Conditions not the Result of Actions of the Applicant:
Because of the prominence of this hilltop, commonly called
Markham Hill, the City of Fayetteville.obliged my family to sell
approximately two acres (plus an access road to It) for a water tank
site. This put the tank right in the middle of what had been a forty
acre pasture. The water tank site is zoned'RI, though obviously it
will never be used for residential purposes, It is the proximity of
this R1 boundary which has occasioned this variance request.
Will Not Confer Special Privilege: Since there are no barns in this Al
district-to-be and this will be the only barn in the district, nothing
has been denied by this ordinance,
Sincerely,
uli cher��
Board ofAdjustment
June 3, 2002
VAR 02-13 Archer
Page 1.9
05/14/2002 12:18 5152434089 ARCHER
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VAR 02-13 Archer
Page LI 0
FAYETTEVILLE
THE CITY OF FAYETrEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Senior Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: April 12, 2002
02-9.00: Rezoning(Archer, pp 481)was submitted by Julian &Jane Archer for property
located at 2231 Markham Road. The property is zoned R-1, Low Density Residential and
contains approximately 18.80 acres. The request is to rezone to A-1,Agricultural.
RZN 02-12.00: Rezoning (Archer,pp 481)was submitted by Julian &Jane Archer for property
located at 2231 Markham Road. The property is zoned R-1, Low Density Residential and
contains approximately 4.10 acres. The request is to rezone to A-1,Agricultural.
RECOMMENDATION:
Staff recommends approval of the requested rezonings based on the findings included as
part of this report. (Note. Each request requires separate action by the Planning Commission.)
PLANNING COMMISSION ACTION: Required YES
0 Approved 0 Denied
Date: April 22,2002
CITY COUNCIL ACTION: Required YES
0 Approved 0 Denied
Date: May 7,2002 Wt readina)
Comments:
Board ofAdjustment
H.i USERSICOMMONtShelli tStaffi?eporis WOA W6-031 VAR02-13 A rcher.doc June 3, 2002
VAR 02-13 Archer
Page LI I
BACKGROUND:
The subject property was an area which housed horses and other barnyard animals for many
generations until the late 1990's. At that time, the owners decided not to maintain horses on the
property until a new barn could be constructed to replace one that was in poor repair. Because
the property as well as the acreage surrounding it was zoned R-I in 1970, once the animals were
removed and six months passed, the non-conforming condition of permitting the animals in a
residential zoning district was no longer a grandfathered right for the property owners.
Recently, a building permit was requested for a new barn for this applicant. The intent is to
replace the old barn and to reestablish the use of the property for boarding and running horses
owned by the property owners. Because of the current zoning of the property, staff made the
applicant's aware that the uses that they were proposing were not permitted and that a rezoning
would be necessary.
The applicant's have requested this rezoning in order to be able to use the pastures and barns on
the property for their horses. They have further offered a Bill of Assurance in order to guarantee
that the property is not used for purposes in the future which may be undesirable, such as chicken
houses, feed or hog lots,trailer park, cemetery, crematorium, mausoleum,hospital and
convalescent home.
This proposal is to downzone and to further restrict the property owner's development rights for
the subject properties. Approval of these actions will result in the development of fewer single
family homes or other types of dwellings in this area. It is necessary for this property to be zoned
for agricultural uses in order for the applicant to keep horses in this location.
Prior to the issuance of a building permit for the barn proposed by the applicant, an accurate,
scaled site plan will be required in order to ensure compliance with supplemental conditions
which are prescribed for uses described in §163.06 and stated below:
§163.06 ANIMALS AND FOWL. The following uses, where permitted, shall be conducted no
nearer than the following stated number of feet to the boundary of an R district, or to a dwelling
on the same premises:
50 Feet
Animal Hospital: serving household pets
and similar small animals
Commercial Breeding, Raising,Boarding:
breeding, raising, or boarding of
household pets or similar small animals
for commercial purposes
Kennel
Board ofAdjustment
H:IUSEIMCOMMONIShellataffi?eportsWOA 106-031 VAR02-13.4rcherdoc June 3, 2002
VAR 02-13 Archer
Page 1.12
Egg Farm
100 Feet
Animal Hospital: serving livestock and
similar animals
Boarding or Training of Horses
Dairy Farm
Poultry Farm
Farm: for raising cattle, goats,horses,
sheep, rabbits, and poultry
200 Feet
Hog Raising
Livestock: assembly,breeding, feeding,
sales or shipment
(Code 199 1, §160.078; Code 1965, App. A, Art. 7(3); Ord.No. 1747, 6-29-70)
SURROUNDING LAND USE AND ZONING
North: Single family homes large acreages, R-I
South: Single family homes large acreages, R-1
East: Single family homes/large acreages, R-1
West: Single family homes/large acreages, R-1
INFRASTRUCTURE:
Access to the subject property is from Markham and Sang Streets. These are residential streets
with open ditches which provide access to the University Heights neighborhood west of the
University of Arkansas campus. Water is available and serves the existing residences on other
portions of the applicant's property. Sewer access is not necessary for the proposed use of this
property-
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to A-1, Agricultural is consistent with the land use plan and compatible with surrounding land
uses in the area.
Board ofAdjustment
H.-I USERSICOMMONWheffilSiafJReports OOA 106-03�VAR02-13 A rcher.doe June 3, 2002
VAR 02-13 Archer
Page 1.13
FINDINGS OF THE STAFF
1 A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans. Prior to 1970,
this property was zoned agriculturally and was used to house and run horses
for the owners. The use of the property will remain primarily residential, as
there are several single family dwellings on the site, but this change will allow
the owners to reestablish their horse barn and to board their horses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: In order to allow for the agricultural use of this area for boarding and riding
horses,this proposed zoning is needed.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not create or appreciably increase traffic danger or
congestion. This downzoning will actually decrease the potential for
additional traffic to the area by restricting the property owner's ability to
further develop the number of residential lots on the property that would be
possible under the current R-1 zoning.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools,water, and
sewer facilities.
Finding: The proposed zoning will not alter the population density.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b(1)through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1)through(4)above why
the proposed zoning is not desirable.
Finding: N/A
Board ofAdjustment
H.-i USERSICOMMON�ShellinaftReportsVBO.4106-03 I VAR02-13,4rcher.doc June 3, 2002
VAR 02-13 Archer
Page 1.14
§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. 80 ft.
District is designed to permit and encourage the. Minimurn
development of low density detached dwellings in Width
suitable enviromnents,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 R 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 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
Board of Adjustment
H.�USERMCOMMONIShelliWtaffieportsIB0.4106-031 VAR02-13,4rcher.doc June 3, 2002
VAR 02-13 Archer
Page 1.15
§161.03 DISTRICT A-1 AGRICULTURAL. areas;obtain economy of public funds in the
providing of public improvements and services of
A. Purposes.The regulations of the orderly growth;conserve the tax base;prevent
Agricultural District are designed to protect unsightly development, increase scenic
agricultural land until an orderly transition to urban attractiveness;and conserve open space.
development has been accomplished;
prevent wasteftil scattering of development in rural
B.Uses.
1. Permitted Uses.
Unit I City-Wide Uses by Right
Unit 3 Public Protection and Utility Facilities
Unit 6 Agriculture
Unit 7 Animal Husbandry
Unit 8 Single-Family and Two-Family
Dwellings
2. Uses Permissible on Appeal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional Use
Permit
Unit 4 Cultural and Recreational Facilities
Unit 20 Commercial Recreation;Large Sites
C. Bulk and Area Regulatio s.
Lot Width Minimum 200 ft.
Lot Area Minimum:
Residential 2 acre
Nonresidential 2 acre
Lot Area Per Dwelling Unit 2 acre
Board ofAdjustment
H.IUSEP-SICOMMONIShellilStaffi?eportsWOA W-03�VAR02-13 Archerdoc June 3, 2002
VAR 02-13 Archer
Page 1.16
D. Yard Requi ments(feet).
FRONT SIDE YARD REAR
YARD
35 20 35
E.Height Requirements. There shall be no maximum height limits in the A-1 District,provided,however,
that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential
district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the
required yard lines.
(Code 1991,§160.030;Code 1965,App.A,Art.5(l);Ord.No. 1747,6-29-89)
Board ofAdjustment
H.,I USERS1 COMMONIShelli WafjReports W0,4106-031 VA R02-13.4rcher.doc June 3, 2002
VAR 02-13 Archer
Page 1.17
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Board ofAdjustment
June 3, 2002
VAR 02-13 Archer
Page 1.20
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: Shelli Rushing,Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: June 3, 2002
VAR 02-14.00: Variance (Zimmerman,pp 447) was submitted by Stacey Zimmerman for
property located at 1026 E. Rebecca Street. The property is zoned R-1, Low Density Residential
and contains approximately 0.27 acres. The requirement is a 8' side setback and a 25'front
setback. The request is for a 4' side setback (a 4' variance) for the existing structure; a 3' side
setback(a 5' variance) for a proposed garage; and a 10' front setback(15' variance)for the
proposed garage.
RECOMMENDATION:
Staff recommends approval of the requested 4' side setback variance on the existing
structure, approval of the requested 5' side setback variance for the proposed garage, and
approval of the requested 15' front setback variance for the proposed garage as shown on
the attached site plan,with the following conditions:
1. Variances shall only apply to structure as it exists currently and to garage as shown
in site plans submitted by applicant.
2. Any future alterations or additions shall comply with zoning regulations including
setbacks.
3. Garage shall be constructed according to site plan and description provided by the
applicant to include character and materials compatible to existing single family
residence.
Ordinance Requirement Applicant's Request
Existing Structure:
Side Setback 81 4' (4' variance)
Proposed Garage:
Side Setback 8' 3' (5' variance)
Proposed Garage:
Front Setback 25' 10' (15' variance)
H.-I USERSICOMMO]VISHELLMTAFFPEPORTSIBOA t06-03 1 VAR02-14 ZIMMERMANDOC Board ofAdjusiment
June 3, 2002
VAR02-14 Zimmerman
Page 2.1
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:
BACKGROUND:
The existing house was constructed in the 1920s in the cottage style prior to other houses being
built on East Rebecca. The property has mature trees, including a maple and very old oak. The
site is zoned R-1 Low Density Residential and is surrounded by the same zoning and similar
single family houses. The site has drainage issues with stormwater runoff traveling down the
existing driveway into the basement. An addition was made to the west side of the structure prior
to purchase by the applicant in 1989. The existing addition encroaches 4' into the required 8' side
setback.
The applicant is proposing to construct a detached single car garage in the southeast comer of the
site. The garage dimensions are 24' x 14', approximately 336 square feet. The existing carport
will be enclosed for a bedroom. A new driveway would be constructed in front of the proposed
garage and the existing driveway removed. One tree will be removed. The applicant states that
this tree is in a deteriorating condition.
To ensure that the existing structure is conforming, the applicant is requesting a variance for the
existing encroachment into the west side setback. To preserve two existing trees, reduce the
drainage problems, and maintain the character of the house and neighborhood,the applicant is
requesting setback variances for the proposed garage.
SURROUNDING LAND USE AND ZONING
North: Single-family residential /R-I Low Density Residential
South: Single-family residential/R-I Low Density Residential
East: Single-family residential/R-1 Low Density Residential
West: Single-family residential/R-1 Low Density Residential
GENERAL PLAN DESIGNATION
Residential. The current and proposed uses are consistent with the General Plan.
H.,IUSEJ?SiCOMMONISHELL]iSTAFFREPORTSIBOAiO6-031VAR02-14Z[MMERMAN-DOC Board ofAdjustment
June 3, 2002
VAR02-14 Zimmerman
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: Existing Structure: The west side setback encroachment already exists. In
order to comply with the current setbacks the addition would have to be
removed or reconstructed.
Proposed Garage: The trees already exist and the owner is trying to limit the
number of trees to be removed. The proposed location of the garage will
allow the applicant to save two of three trees.
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
permit the existing structure to become conforming and would result in the
removal of existing mature trees to construct the proposed garage.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special conditions and circumstances of this site are not a result of the
action of the applicant. The existing encroachment on the west side setback
of the existing structure was there at the time the owner purchased the
property. The trees are mature trees and were not planted by the applicant.
Drainage problems are caused by other nearby development which occurred
after the original structure was built and by the natural topography of the
area.
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.
H:I USERSICOMMONtSHELL]iSTAFFREPORTSIBOA 106-031 VAR02-14 ZIMMERMAN-DOC Board ofAdjustment
June 3, 2002
VAR02-14 Zimmerman
Page 2.3
Finding: The granting of the requested variances will not confer on the applicant any
special privilege that is denied by the City's zoning regulations to other lands,
structures, or buildings in the same district. A single family use and an
accessory structure are permitted in an R-1 Low Density Residential 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: Nonconforming uses were not 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 3:45 p.m. on June 3,2002 in Room 326 of
the City Administration Building at 113 W. Mountain Street.
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 variances. The 4'
side setback variance request is the minimum necessary for the existing
structure to become a conforming structure. The front and side setback
variances are the minimum variances that will allow the proposed garage
while retaining on-site trees.
(1.) Harmony with General Purpose. The Board of Adjustment shall further make a
finding that the granting of the variance will be in hannony 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: The general purpose and intent of zoning regulations are to provide for open
space, air circulation,visual distance and access between structures on
adjacent lots and the proposed variances will not impair this intent. The
H:i USERSICOMMON�SHELLMTAFFREPOR7WOA W6-03 1 VAR02-14 ZWMERMANDOC Board ofAdjustment
June 3, 2002
VAR02-14 Zimmerman
Page 2.4
encroachment on the west side setback from the existing structure does not
appear to have an injurious effect to the neighborhood. The neighbor to the
cast has expressed support for the front and side setback variances for the
proposed garage. The neighbor wants to see that as many trees as possible
remain.
(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: 1. The existing structure is already encroaching on the side setback and
the applicant is requesting the side setback variance to have the
structure become conforming.
2. To save two of three trees, the proposed garage needs to be placed as
proposed,which requires granting of the front and side setback
variances.
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: 1. Variances shall only apply to structure as it exists currently and to
garage as shown in site plans submitted by applicant.
2. Any future alterations or additions shall comply with zoning
regulations including setbacks.
3. The garage shall be constructed according to the site plan and
description provided by the applicant to include character and
materials compatible to the existing single family residence.
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: The proposed garage and existing structure are permissible uses in the R-1
Low Density Residential District.
H.I USERSICOMMOMSHELLASTAFFREPOR7SIBOA106-031VAR02-14 ZIMMERMANDOC Board ofAdjustment
June 3, 2002
VAR02-14 Zimmerman
Page 2.5
From Chapter 161:Zoning Regulations From Chapter 163: Use Conditions
City of Fayetteville, Unified Development Ordinance City offayetteville, Unified Development Ordinance
§ 161.04 DISTRICT R-1: LOW DENSITY §163.04 ACCESSORY STRUCTURES AND
RESIDENTIAL. USES. Accessory structures and uses shall be
A. Purpose. Ile Low Density Residential subject to the applicable use conditions set forth in
District is designed to permit and encourage the Zoning,Chapters 160-165,and to the following
development of low density detached dwellings in general conditions:
suitable environments,as well as to protect existing
development of these types. A. Accessory Buildings.
B. Uses.
1. Permitted Uses. 1. When Erected. No accessory
building shall be erected on any property prior to the
r5ER I I City-Wide Uses by Ri construction of the principal building, UNLESS such
Up#44 I S r accessory building shall have been approved by the
2. UsesPermissible on Appeal to Planning Commission as a conditional use.An
the Plannin 4 Commission. approved accessory building erected prior to the
Unit 2 City-Wide Uses by Conditional Use principal building shall not be inhabited.
Permit
Unit 3 Public Protection and Utility Facilities 2. Integral Part of Principal
Building. An accessory building erected as an
Unit 4 Cultural and Recreational Facilities integral part of the principal building shall be made
structurally a part thereof,shall have a common wall
Unit 8 Single-Family and Two-Family therewith,and shall comply in all respects with the
Dwellings requirements of the building code applicable to the
principal building.
C. Density.
SINGLE-FAMILY TWO FAMILY 3. Where Erected. No accessory
DWELLINGS DWELLINGS building shall be erected in any required yard.
4 or Less Families Per 7 or Less Families Per
Acre Acre B. Trash Containers. "Lo-Dal"type trash
containers located in any required yard shall be
D. Bulk and Area Regul tions. screened along the side(s)of the container which
Single-Family Two-Family encroach into the required yard,except that screening
TO-T 70 ft. 80 ft. shall not be required on the access side of the
Minimum container. Where a trash container encroaches totally
Width within a required yard,either the front or the back of
Lot Area 8,000 sq.ft. 12,000 sq.ft. the container shall not be screened.
Minimum
Land Area 8,000 sq.ft. 6,000 sq. ft. C.Swimming Pools. Swimming pools shall
Per Dwelling not be located in any required front yard.
Unit (Code 199 1, §160.076; Code 1965,App.A,Art.
E. Ya Requirements(feet). 7(l);Ord.No. 1747,6-29-70;Ord.No.2177, 12-16-
FRONT SIDE YARD REAR YA 75; Ord.No.3131, 10-1-85)
YARD I
25 1 8
F. Building Area.On any lot the area
occupied by all buildings shall not exceed 40%of the
total area of such lot.
(Code 1991, §160.031)
H.,I USERS�COMMONISHELLI�STAFFREPOR7SiBOA W-031 VAR02-14 ZIMMERMAN-DOC Board ofAdjustment
June 3, 2002
VAR02-14 Zimmerman
Page 2.6
May 18 , 2002
Chair of the Board of Adjustment
City Administration Building
Fayetteville, Arkansas
To Whom It May Concern:
I believe my request for a variance meets the four
criteria to grant such a request .
First, special conditions and circumstances exist which
are peculiar to my property. My unique cottage style home
was built in the 1920 ' s, one of the first homes built on this
part of Rebecca street . Because my home was built before the
other homes on the street, my house sits somewhat lower than
my neighbors to the east and south. Furthermore, my
neighbors to the east and west have a small ditch with a
culvert to catch water runoff from the street . I do not have
that - as a result, the run off comes down Rebecca, across
the front of the lot, down my existing drive way, and into my
basement . This is certainly a special condition that was not
addressed when the house was built many years ago, because
the other houses on the street were not yet built .
Importantly, my home has very established trees, with one of
the biggest and oldest oaks on the street . This tree, as
well as the other trees should be saved.
Second, the literal interpretation of the provisions of
this ordinance would deprive this applicant of rights
commonly enjoyed by the other properties in the same district
under the terms of this ordinance . Specifically, the homes of
other property owners in the neighborhood were built with
adequate enclosed garages that blend with the character of
the home and neighborhood. If I am not allowed to build a
detached cottage style garage in the proposed location,
putting a garage door on the existing carport would severely
detract from the character of my home and neighborhood.
I am the smallest home on the block. If not granted the
variance, it will be difficult and more expensive for me to
add a new bedroom and maintain the character of my home. I
would have to build a totally new addition, which would be
Board ofAdjustment
June 3, 2002
VAR02-14 Zimmerman
Page 2.7
0 0
very expensive and not look as quaint as the proposal
outlined herein.
Additionally, when other property owners in the
neighborhood build their homes, drainage problems were
addressed then. However, since the neighborhood built up
around my home, drainage problems were not addressed when my
house was built .
Most importantly, the literal interpretation of this
ordinance would deprive me of the rights enjoyed by other
properties in the neighborhood in denying me and my neighbors
the continued enjoyment of the majestic trees of the east
side of my property.
Third, the special conditions and circumstances do not
result from my actions . The subject trees were well
established when I bought the property in 1989 and the
drainage problem was not created by me .
Fourth, the granting of this variance will not confer on
this applicant any special privilege that is denied by this
ordinance to other lands, structures or buildings in the same
district . Preserving trees, while maintaining the unique
character of my home and eliminating drainage problems is a
common theme in our town.. Other property owners in
Fayetteville have similar conditions and have received
variances . If a variance is granted to this applicant,
certainly no special privilege would be granted that is
denied to others .
Please grant my variance request, and allow me to build
my detache:�.,.aarage three (3) feet from the east side property
line, and 'C=yW10feet from the front property line, to
maintain the wonderful charm of my home, to save the
beautiful healthy established trees, and to promote the
unique character of this special neighborhood.
Thank you for considering my request for a variance.
:Sincere
a y Z
?ceZi Wrn
Board ofAdjustment
June 3, 2002
VAR02-14 Zimmerman
Page 2.8