HomeMy WebLinkAbout2002-07-01 - Agendas (3) NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PROVISIONS OF THE CODE OF
ORDINANCES OF THE CITY OF FAYETTEVILLE, THE FOLLOWING PETITIONS HAVE
BEEN SET FOR A HEARING BEFORE THE BOARD OF ADJUSTMENT IN THE CITY
ADMINISTRATION BUILDING, 113 WEST MOUNTAIN STREET, ROOM 326,
FAYETTEVILLE, ARKANSAS, ON MONDAY, JULY 1, 2002, AT 3:45 P.M.
The following items will be considered:
Approval of minutes from the meeting of June 3,2002
New Business:
VAR 02-15.00: Variance(Merry-Ship,pp 447)was submitted by Robert Merry-Ship for property
located at 1011 E. Trust. The property is zoned R-1,Low Density Residential and contains
approximately 0.58 acres. The requirement is for a 20' rear setback. The request is for a 8' rear setback
(a 12' variance).
VAR 02-16.00: Variance(Nelson-Berna,pp 99)was submitted by Michael Weir and Brian Moore of
Engineering Services,Inc. on behalf of Scott Berna of Nelson-Bema Funeral Home for property located
at the northeast comer of Zion Road and Hwy 265 (Crossover). The property is zoned R-0, Residential
Office and A-1,Agricultural and contains approximately 3.12 acres. The requirement is a 2 acre
minimum in A-I and 200' lot width. The request is to allow a reduction in lot size(540 sq.ft.)and 0' lot
width.
VAR 02-17.00: Variance(Scholzen,pp 445)was submitted by Edward Richardson Brya,AIA on behalf
of Angela Scholzen for property located at 211 Ila Street. The property is zoned R-1,Low Density
Residential and contains approximately 0.15 acres. The requirements are for a 25' front setback, 8' side
setbacks and a 8000' sq.ft.minimum lot size. The requests are for a 22' front setback(a 3' variance), a
4.56 side setback on the east(a 3.44 variance), a 4.56 side setback on the west(a 3.87 variance), and a
6600 sq.ft. lot size(a 1400 sq.ft.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.
GIVEN UNDER MY HAND THIS 19' DAY OF June 2002
Tim Conklin
Planning Director 113 W.Mountain Fayetteville,AR 72701 575-8264
"Please run this Notice of Public Hearing ad Sunday,June 23,2002**
PO 9 02-000037-001 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, July 1, 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 June 3,2002
New Business:
1. VAR 02-15.00: Variance (Merry-Ship,pp 447) was submitted by Robert Merry-Ship
for property located at 10 11 E. Trust. The property is zoned R-1, Low Density
Residential and contains approximately 0.58 acres. The requirement is for a 20' rear
setback. The request is for a 8' rear setback(a 12' variance).
2. VAR 02-17.00: Variance (Scholzen,pp 445)was submitted by Edward Richardson
Brya, AIA on behalf of Angela Scholzen for property located at 211 Ila Street. The
property is zoned R-1, Low Density Residential and contains approximately 0.15 acres.
The requirements are for a 25' front setback, 8' side setbacks, 8000 sq. ft. minimum lot
size, and 70' minimum lot width. The requests are for a 21.57' front setback(a 3.43'
variance), a 4.56 side setback on the east(a 3.44 variance), a 4.13 side setback on the
west(a 3.87 variance), a 6600 sq. ft. lot size (a 1400 sq. ft. variance), and a 50' lot width
(a 20' 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
DATE: June 25, 2002
VAR 02-15.00: Variance (Merry-Ship, pp 447) was submitted by Robert Merry-Ship for
property located at 10 11 E. Trust. The property is zoned R-1, Low Density Residential and
contains approximately 0.58 acres. The requirement is for a 20' rear setback. The request is for
a 8' rear setback (a 12' variance).
RECOMMENDATION:
Staff recommends approval of the requested rear setback variance as shown on the
attached site plan with the following recommended conditions:
1. Variance shall apply only to the proposed garage and second story addition as
shown in the elevation drawing submitted by the applicant.
2. Future additions or alterations to this structure shall comply with all current zoning
regulations including setbacks.
Ordinance Requirement Applicant's Request
Rear setback(R-1 district) 20' 81 (a 121 varianc
BACKGROUND:
The single family home located at 1011 E. Trust Street was originally constructed in 1976.
The edge of the garage portion of the home sits approximately 17' from the south property
line which encroaches the required 20' setback by 31. The previous property owner did
own several lots adjacent to this property to the east which adjoin Sequoyah Drive. When
these lots were all under common ownership,the condition of the south property line of the
subject tract was different,the lot was situated as a corner lot with frontage on both
Sequoyah and Trust Streets. That condition provided for a side yard setback requirement
along the south boundary. When the lots containing the house and pool were sold without
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the adjacent lots to the east, that condition changed, making the south a rear property
boundary. Nothing changed with regard to the appearance or function of the property
except ownership. The subject property is now considered an interior lot for setback
purposes instead of a corner lot.
The applicant approached Planning staff with a proposal to increase the usable area within
the structure and to inquire about the possibility of adding a carport to the south end of the
existing structure. Both of these proposals could be accommodated through the City's
current non-conforming use and structure ordinances. Within this part of the Unified
Development Ordinance, §164.07(D)(1)(a) allows for the enlargement of residential
structures by increasing the height. The following section (b) permits carports within
residential districts to extend into the required setback as long as the structure is open on
the sides and maintains a distance of 10' from the rear property line. (see attached)
The applicant originally proposed to use these code sections to provide an additional space
for a vehicle at the south end of the house and to enclose a second story exercise room
above the entire garage portion of the structure. The allowance for increasing the height of
a non-conforming structure would not however, include the area over any proposed
carport which would further the non-conforming nature of the structure. These
restrictions made the applicant's proposal less appealing with regard to the aesthetic issues
that would need to be addressed in order to maintain a uniform architecture to the house.
The applicant would have had to request a variance to enclose the area above the carport.
With the current proposal before the Board, the applicant has requested that the rear
setback be varied to provide for an enclosed garage and the addition of a second story
above the entire three car garage. Referring to the elevation submitted by the applicant,
this request will provide for a more uniform appearance for the overall structure and will
accommodate the expansion goals of the applicant.
Comments:
The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the
entity requesting approval of this conditional use.
Name: Date;
SURROUNDING LAND USE AND ZONING
North: Single family residence, R-I
South: Single family residence,R-I
East: Single family residence,R-1
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West: Single family residence, R-1
GENERAL PLAN DESIGNATION Residential
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: Special conditions on this property include the fact that the existing structure
is already non-conforming. The property owner has the ability to make some
modifications and additions to the existing structure, however those
improvements provided for under the Unified Development Ordinance
would not allow for the expansion of the structure in a manner which would
enhance or even conform with the existing architecture.
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
permit the use of this structure as a single family residence,however the
proposed additions would not be permitted due to the non-conforming
nature of the existing building.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special conditions existing on this property are not the result of actions
of this applicant. The original house did not meet setback requirements of
the current zoning ordinance when the applicant recently purchased this
property.
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.
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Finding: Granting the variance will not confer special privileges denied by current
zoning regulations to other lands, structures, or buildings in the same
district. The R-1 district permits single family homes and accessory
structures by right.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or nonconforming use of lands,
structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
Finding: No nonconforming uses 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 Monday,July 1,2002.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will
make possible the reasonable use of the land, building, or structure.
Finding: The reasons set forth in the application justify the granting of the variance.
The variance requested is the minimum variance necessary to use the
structure in the manner proposed by the applicant and to maintain vehicular
traffic within the site in one location.
(L) Harmony with General Purpose. The Board of Adjustment shall further make a
finding that the granting of the variance Arill be in harmony with the general
purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Finding: Granting the variance will be in harmony with the general purpose and
intent of zoning regulations and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare. The nearest structure to the
proposed variance (along the south boundary of the subject property) is
approximately 50' to the south.
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(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 variance. The
applicant states that the primary need for the variance is to construct the
desired addition which includes a third garage bay and a second story
exercise room. These objectives cannot be met without a variance unless the
third vehicle bay was placed in a different free-standing building elsewhere
on the site. This proposal provides for a uniform architectural treatment of
the structure.
b. Conditions and Safeguards. In granting any variance, the Board of Adjustment
may prescribe appropriate conditions and safeguards in conformity with the
zoning regulations.
Finding: Staff has recommended that the variance only apply to the existing structure
and proposed addition. Any future alterations or additions should comply
with current zoning regulations or be reviewed again by the Board of
Adjustment.
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
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§164.07 NONCONFORMING USES AND same ownership. This provision shall apply even
STRUCTURES. though such lot fails to meet the requirements for area
or width, or both, that are generally applicable in the
A. Intent. district, provided that yard dimensions and
requirements other than these applying to area or width,
1. Within the districts established by of both,of the lot shall confonn to the regulations for
this chapter or amendments that may later be adopted,if the district in which such lot is located. In a previously
there exist lots, structure, uses of land and structures, developed subdivision,platted prior to June 29, 1970,
and characteristics of use which are lawful before this and with the approval of the subdivision committee, a
chapter was passed or amended, but which would be new single-family dwelling or an addition or repair to
prohibited, regulated, or restricted under the terms of an existing single-family dwelling may be constructed
this chapter or future amendment,it is the intent of this in all residential zones in keeping with the existing
chapter to permit these nonconformities to continue standard in the neighborhood so long as the interior side
until they are removed, but not to encourage their setback is no less than five feet. Variance of yard
survival. It is further the intent of this chapter that requirements shall be obtained only through action of
nonconformities shall not be enlarged upon,expanded, the board of adjustment.
or extended, nor be used as grounds for adding other
structures or uses prohibited elsewhere in the same 2. If two or more or combination of
district. lots and portion of lots with continuous frontage in
single ownership are of record at the time of passage or
2. It is not the intent ofthis section to amendment of this chapter,and if all parts of the lots do
prohibit the improvement of nonconforming residences not meet the requirements established for lot width and
by adding bath facilities or connecting to utilities as area, the lands involved shall be considered to be an
long as the bulk and area requirements of the R-3 undivided parcel for parcel the purposes of Us chapter,
District are met. and no portion of said parcel shall be used or sold in a
manner which diminishes compliance with lot width
3. Nonconforming uses are declared and area requirements established by this chapter,nor
by this chapter to be incompatible with permitted uses shall any division of any parcel be made which creates a
in the districts involved. lot with width or area below the requirements stated in
this chapter. The prohibition prescribed hereby shall
4. A nonconforming use of a not apply to a nonconforming lot on which a principal
structure, a nonconforming use of land, or a structure existed on the effective date of adoption of
nonconforming use of a structure and land in this chapter and which adjoins a nonconforming lot on
combination shall not be extended or enlarged after which a principal structure existed on the effective date
passage of this chapter by the addition of other uses of a of the adoption of this chapter.
nature which would be prohibited generally in the
district involved. (Code 1991,§160.136; Code 1965,App.A,Art.4(2);
Ord.No. 1747,6-29-70;Ord.No.2505,2-20-79;Ord.
(Code 1991,§160.135; Code 1965, App.A, Art 4(l); No.3114,9-3-85;Ord.No. 3124,9-17-85)
Ord.No. 1747,6-29-70;Ord.No. 1918,5-15-83;Ord.
No.2126,7-14-75) C. Nonconforming Uses of Land(or Land
with Minor Structures Only). Where at the time of
B. Nonconforming Lots of Record. passage of this chapter lawful use of land exists which
would not be permitted by the regulations imposed by
1. In any district in which single- this chapter,and where such use involves no individual
family dwellings are permitted, a single-family structure with a replacement cost exceeding$1,000,the
dwellings and customary accessory buildings may be use may be continued so long as it remains otherwise
erected on any single lot of record at the effective date lawful,provided:
of adoption or amendment of this chapter,
notwithstanding limitations imposed by otherprovisions 1. No such nonconforming use shall
of this chapter. Such lot must be in separate ownership be enlarged or increased, nor extended to occupy a
and not of continuous frontage with other lots in the greater area of land than was occupied at the effective
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date of adoption or amendment of this chapter. part of the building and which project no more than
four feet may be erected in any required interior side
2. No such nonconforming use shall yard.
be moved in whole or in part to any portion of the lot or d. In residential zones,
parcel other than that occupied by such use at the porch roofs and open porches may extend into required
effective date of adoption or amendment of this chapter. yards by one foot on each side of the entry door to a
maximum depth of six feet in required front yards and
3. If any such nonconforming use of rear yards and to a maximum depth of four feet in
land ceases for any reason for a period of more than required interior side yards.
120 days, any subsequent use of such land shall
conform to the regulations in which such land is 2. Should such nonconforming
located;and structure or nonconforming portion of structure be
destroyed by any means to an extent of more than 50%
4.No additional structure not of its replacement cost at time of destruction,it shall not
conforming to the requirements of this chapter shall be be reconstructed except in conformity with the
erected in connection with such nonconforming use of provisions of this chapter.
land.
3. Should such structure be moved
(Code 1991,§160.137;Code 1965,App.A,Art.4(4); for any reason for any distance whatever, it shall
Ord.No. 1747,6-29-70) thereafter conform to the regulations for the district in
which it is located after it is moved.
D. Nonconforming structures. Where a (Code 199 1,§160.13 8;Code 1965,App.A,Art.4(4);
lawftil structure exists at the effective date of adoption Ord.No. 1747,6-29-70;Ord.No.3130, 10-1-85)
or amendment of this chapter that could not be built
under the terms of this chapter by reason of restriction E. Nonconforming Uses of Structures or of
on areas,lot coverage,height,yards,its location in the Structures and Premises in Combination. If lawful
lot,or other requirements concerning the structure,such use involving individual structures with a replacement
structure may be continued so long as it remains cost of$1,000 or more,or of structure and premises in
otherwise lawful,subject to the following provisions: combination,exists at the effective date of adoption or
amendment of this chapter,that would not be allowed in
the district under the terms ofthis chapter the lawful use
creastsits may be continued as long as it remains otherwise
n, preofiffiffi= lawful,subject to the following provisions:
.nt, 1. No existing structure devoted to a
use not permitted by this chapter in the district in which
it is located shall be enlarged, extended, constructed,
reconstructed, moved or structurally altered except in
changing the use of the structure to a use permitted in
the district in which it is located or as required by other
ordinances;
2. Any nonconforming use may be
extended throughout any parts of building which were
- ---- -------- ......
manifestly arranged or designed for such use at the time
W of adoption or amendment of this chapter,but no such
TIRE-41RAMM ,Ah,
use shall be extended.to occupy any land outside such
e. In residential zones, building.
detachable awnings which are not structurally a part of
the building may be erected in any required front yard 3. If no structural alterations are
or rear yard if the awning does not project more than six made, any nonconforming use of a structure, or
feet. Detachable awnings which are not structurally a structure and premises, may as a conditional use be
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changed to another nonconforming use provided that nonconforming shall not be increased.
the Planning Commission, either by general rule or by
making findings in the specific case,shall find that the 2. If a nonconforming structure or portion of a
proposed use is equally appropriate or more appropriate structure containing a nonconforming use becomes
to the district that the existing nonconforming use. in physically unsafe,or unlawful due to lack or repairs and
permitting such change,the Planning Commission may maintenance, and is declared by any duly authorized
require appropriate conditions and safeguards in accord official to be unsafe or unlawful by reason of physical
with the provisions of this chapter. condition,it shall not thereafter be restored,repaired,or
rebuilt,except in conformity with the regulations of the
4. Any structure, or structure and district in which it is located or as required by other
land in combination, in or on which a nonconforming ordinances.
use is superseded by a permitted use, shall thereafter
conform to the regulations for the district, and the (Code 1991,§160.140;Code 1965,App.A,Art.4(6);
nonconforming use may not thereafter be resumed; Ord.No. 1747,6-29-70)
5. When a nonconforming use of a G. Conditional Use Provisions Not
structure, or structure and premises in combination, is Nonconforming Uses. Any use which is permitted as a
discontinued or abandoned for six consecutive months conditional use in a district under the terms of this
or for 18 months during any three-year period(except chapter (other than a change through Planning
where government action impedes access to the Commission action from a nonconforming use to
premises), the structure or structure and premises in another use not generally permitted in the district)shall
combination, shall not thereafter be used except in not be deemed a nonconforming use in such district,but
conformity with the regulations of the district in which shall be without further action considered a conforming
it is located; use.
6. Where nonconforming use status (Code 199 1,§160.14 1;Code 1965,App.A,Art.4(7);
applies to a structure and premises in combination, Ord.No. 1747, 6-29-70)
removal or destruction of the structure shall eliminate
the nonconforming status of the land. Destruction for H. Owner-occupied Nonconforming
the purpose of this division is defined as damage to an Residences. Notwithstanding any other provision in
extent of more than 50% (or other figure) of the this subchapter, any owner-occupied nonconforming
replacement cost of time of destruction; residence may be enlarged, extended, constructed,
reconstructed, or structurally altered to permit
7. All outdoor advertising signs expansion up to 25% of the square footage of the
(billboards)not conforming with the provisions of this structure as it existed on the date it became
chapter shall be removed within the period prescribed nonconforming, and customary accessory structures
by§174.06. may be located on property where an owner-occupied
nonconforming residence
(Code 1991,§160.139; Code 1965,App.A, Art.4(5); is located subject to the following conditions: An
Ord.No. 1747,6-29-70;Ord.No. 1806,7-19-7 1;Ord. owner-occupied nonconforming residence so expanded
No.2126,7-15-75) or any accessory structure so located may be enlarged,
extended, constructed, reconstructed, structurally
F. Repairs and Maintenance. altered,or located in conformity with the bulk and area
regulations, yard requirements, and building area
1. On any nonconforming structure requirements in the R-1,low density residential district.
or portion of a structure containing a nonconforming
use,work may be done in any period of 12 consecutive (Code 1991, §160.42; Code 1965, App. A, Art. 5(8);
months on ordinary repairs,or on repair or replacement Ord.No. 1747,6-29-70; Ord.No. 1891, 12-5-72)
of non-bearing walls, fixtures,wiring, or plumbing,to
an extent not exceeding 10%of the current replacement
cost of the nonconforming structure or nonconforming
portion of the structure as the case may be, provided
that the cubic content existing when it became
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§161.04 DISTRICT R-1: LOW DENSITY D. Bulk and Area Regal flons.
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
E Un:it I de Uses by Right Unit
I city-Wi
Unit 26 1 Single-Family Dwelling E. Ya Requirements(feet).
FRONT SIDE YARD REARYARD
2. UsesPermissible on Appeal to YARD I
the Plannin Z 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,§160.031)
Dwellings
C. Density.
SINGLE-FAMILY TWO FAMILY
DWELLINGS DWELLINGS
4 or Less Families Per 7 or Less Families Per
Acre Acre
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1R.J. MEIRIRY-SHIP
MERRY-SHIP PROPERTIES, INC.
11 N. WEST AvENuE
PAYETTEVI.L.LE, AR 72701
Piac,Nz: (501) 521-4260
FA9UW113,EMD009
REQUEST FOR VARIANCE TO THE BOARD OF ADJUSTMENTS
City of Fayetteville
113 West Mountain Street
Fayetteville,Arkansas 72701
RE: Request for Variance— 1011 E. Trust Street,Fayetteville
Dear Mr. Chairman &Members of the Board of Adjustments:
Robert J. Merry-Ship, applicant, is requesting a variance from §161.04(E) (20' rear
setback), specifically, from the requirement that his garage be setback twenty feet from the rear
property line. The applicant is seeking a variance of twelve feet.
When the house was originally constructed, the garage area was in the side yard as the
property related Sequoyah Drive. Subsequently the property was purchased without the lots
adjacent to Sequoyah Drive and therefore, according to planning staff, the side yard became the
rear yard. Applicant is now wishing to extend his garage into what had previously been the side
yard. The applicant is wishing to build up to but not exceeding the original eight foot side yard
setback.
The literal interpretation of the provisions of §161.04 would deprive the applicant of
rights commonly enjoyed by other properties in the same district. The above-referred special
condition and circumstance did not result from the actions of the applicant and the granting of
this variance will not confer on the applicant any special privileges that is denied by this
ordinance to other lands structures or buildings in the same district.
Board ofAdjustment
July 1, 2002
VAR02-15.00 Merry-Ship
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Your kind consideration of this request is appreciated. Please contact me at the above
should you have any questions.
Sincemlyll-�
Robert J. Merry-Ship
RJM/J.d
Board ofAdjustment
July 1, 2002
VAR02-15.00 Merry-Ship
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Shelli Rushing, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: July 1, 2002
VAR 02-17.00: Variance(Scholzen,pp 445)was submitted by Edward Richardson Brya,AIA
on behalf of Angela Scholzen for property located at 211 Ila Street. The property is zoned R-1,
Low Density Residential and contains approximately 0.15 acres. The requirements are for a 25'
front setback, 8' side setbacks, 8000 sq. ft. minimum lot size, and 70' minimum lot width. The
requests are for a 21.57' ftont setback(a 3.43' variance), a 4.56 side setback on the east(a 3.44
variance), a 4.13 side setback on the west(a 3.87 variance), a 6600 sq. ft. lot size (a 1400 sq. ft.
variance), and a 50' lot width (a 20' variance).
IRECONINIENDATION:
Staff recommends approval of the requested 21.571 front setback(3.431 variance), 4.561 east
side setback(3.441 variance), 4.131 west side setback(3.87' variance), 6600 sq. ft. lot size
(1400 sq. ft.variance), and 50' lot width (201 variance) as shown on the attached survey,
with the following conditions,
1. The variances shall only apply to the structure as it exists currently and
to the addition as shown on site plans submitted by applicant.
2. Any future alterations or additions shall comply with zoning regulations
including setbacks.
3. The addition 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.
Ordinance Requirement Applicant's Request
Front Setback(R 1) 25' 21.57' (3.43' variance)
Side Setback—East(RI) 8' 4.56' (3.44' variance)
Side Setback—West(RI) 8' 4.13' (3.87 variance)
Minimum Lot Size(RI) 8,000 sq. ft. 6,600 sq. ft. (1,400 sq. ft. variance)
Minimum Lot Width(RI) 70' 50' (20' variance)
H.IUSERSICOMMON�SHELLI�REPORTS�BOAIVAR 02-17SCHOLZEN.DOC
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 property is a legal nonconforming lot of record. The lot is 6,600 square feet which does not
meet the minimum lot size requirement of 8,000 square feet in a R-1 Low Density Residential
district. The lot is 50' wide and does not meet the minimum width requirement of 70' for the R-1
Low Density Residential District(See attached: From Chapter 161 Zoning Regulations). The
applicant is requesting a variance of 1,400 sq. ft. in lot size and a variance of 20' in lot width to
create a conforming lot.
The house located on this lot is 1,185 square feet and was built in the 1940s,prior to adoption of
the zoning ordinance in 1970. The existing structure encroaches into the 25' front setback by
3.43' and the 8' side setback by 3.44' on the east and 3.87' on the west.
The applicant proposes to remove 304 square feet of the western portion of the existing structure
and replace it with a 1,116 square feet two-story addition. The addition will include a kitchen and
laundry on the first floor and a master suite on the second floor. The proposed addition uses the
existing building footprint and increases it by 254 square feet. The structure increases to 1,997
square feet, which is an approximate 68 percent increase in the size of the structure. The addition
will use the existing setback line and will not create additional encroachment into the any
setback.
The applicant is requesting a variance from front and side setback requirements to allow the
existing structure to become a conforming structure, which will allow for the proposed addition.
The applicant spoke with the Wilson Park Neighborhood Association, which unanimously
resolved to support this variance request (see attached e-mail).
Chapter 14 Supplementary District Regulations addresses nonconforming lots and structures (see
attached: From Chapter 164 Supplementary District Regulations). Nonconforming structures are
not to be enlarged in any way that increases the nonconformity. The proposed addition does not
increase the existing encroachment into setbacks. Nonconforming structures may be increased in
height. The proposed second story is permitted, with the exception of the area above the existing
deck along the west which is not currently enclosed living space.
H.*IUSERSICOMMON�SHELL]IREPORTSABOAIVAR 02-17 SCHOLZEN.DOC
SURROUNDING LAND USE AND ZONING:
Land Use Zoning
North Residential R-1, Low Density Residential
South Residential -R--1, Low Density Residential
East Residential R-1, Low Density Residential
West Residential -R-1, Low Density Residential
GENERAL PLAN DESIGNATION: The Future Land Use Plan designates this property
as residential. The land use is consistent with the
Future Land Use Plan.
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 property was platted and the house constructed in the 1940s, prior to
adoption of the zoning ordinance in 1970.
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: Other properties in the vicinity are legal nonconforming lots of record that
also do not meet minimum requirements for the R-1 Low Density Residential
district and structures encroach setbacks.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The existing structure with setback encroachments is not a result of actions
of the applicant. The property was developed in the 1940s prior to the
applicant's ownership and prior to adoption of the zoning ordinance in 1970.
H.*IUSEPSICOMMOMSHELLAREPOR7SO0,41 VAR 02-17SCHOLZEN.DOC
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 variance request will not confer the applicant any special
privileges that is denied to other lands, structures or buildings in the same
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: The use is a permitted use in the R-1 Low Density Residential District.
§ 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 July 1,2002.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will
make possible the reasonable use of the land,building, or structure.
Finding: The variance requested is the minimum variance that will make possible the
reasonable use of the land and structure because it existed prior to the
adoption of the zoning ordinance in 1970. Approval of the variance will
allow the structure and the lot to become conforming and allow the applicant
to make the addition to the structure.
(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 the variance will be in harmony with the general purpose and
intent of zoning and will not be injurious to the neighborhood, or otherwise
H�USERSICOMMOMSHELLRREPORTS00A�VAR 02-17 SCHOLZEN DOC
detrimental to the public welfare.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land,building, or structure.
Finding: The applicant states that the house is in need of a new quality addition and
the circulation paths within the house are set up for an addition on the west
side of the structure.Adding on to the house on the south end is not feasible
due to the steep topography and would require the removal of a large shade
tree. The conditions of this structure pre-date the applicant's ownership (see
attached letter).
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:
a. The variances shall only apply to the structure as it exists currently and
to the addition as shown on site plans submitted by applicant.
b. Any future alterations or additions shall comply with zoning regulations
including setbacks.
c. The addition 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 current and proposed use, single-family residential, is a use by right in
the R-1 Low Density Residential district.
H.I USERSICOMMONISHELLPREPORTS00A�VAR 02-17 SCHOLZEN.DOC
From Chapter 161 Zoning Regulations
Unified Development Ordinance
City of Fayetteville
§161.04 DISTRICT R-1: LOW DENSITY 1 -2- 20
RESIDENTIAL.
A. Purpose. The Low Density Residential F. Building Area.On any lot the area
District is designed to permit and encourage the occupied by all buildings shall not exceed 40%of the
development of low density detached dwellings in total area of such lot.
suitable environments,as well as to protect existing
development of these types. (Code 199 1, §160.03 1)
B. Uses.
1. Permitted Uses.
Unit I City-Wide Uses by Right
Unit 26 Single-Family Dwelling
2. UsesPermissible on Appeal to
the Planning Commission.
Unit 2 City-Wide Uses by Conditional Use
Permit
Unit 3 Public Protection and Utility Facilities
Unit 4 Cultural and Recreational Facilities
Unit 8 Single-Family and Two-Family
Dwellings
C. Density.
SINGLE-FAMILY TWO FAMILY
DWELLINGS DWELLINGS
4 or Less Families Per 7 or Less Families Per
Acre Acre
D. Bulk and Area Regulations.
Two-Family
Lot 70(f 80 ft.
Width
Ubt Area 12,000 sq.ft.
u A 6,000 sq.ft.
Pci-,D
.........J.
Unit
E. Yard Requirements(feet).
EK SIDE-NARD I REAR VX�
YARD
H.IUSERSICOMMONISHELLILREPORTSWOAI VAR 02-17 SCHOLZENDOC
From Chapter 164 Supplementary District date of adoption or amendment of this chapter,
Regulations notwithstanding limitations imposed by other
Unified Development Ordinance provisions of this chapter. Such lot must be in
City of Fayetteville separate ownership and not of continuous frontage
with other lots in the same ownership. This provision
§164.07 NONCONFORMING USES AND shall apply even though such lot fails to meet the
STRUCTURES. requirements for area or width,or both,that are
generally applicable in the district,provided that yard
A. Intent. dimensions and requirements other than these
applying to area or width,of both,of the lot shall
1. Within the districts established conform to the regulations for the district in which
by this chapter or amendments that may.later be such lot is located. Ida, I I'd ' I- - d
adopted, if there exist lots,structure,uses of land and
"too, "andrwith
structures,and characteristics of use which are lawful fik 11017-th-C-3subdivis I i I on I,c I a,I n-ew
or, ifi de" air,o:an
before this chapter was passed or amended,but ...................
which would be prohibited,regulated,or restricted e,kisti
s4gle-fa y-,dwe I lji�g bz�_c onsim-eted in
under the terms of this chapter or future amendment, 'k ith It
it is the intent of this chapter to permit these In o-rii-oo,-ilsol-ong�as,�,ifie�mt--
prior
than-111i f, t V
nonconformities to continue until they are removed, �idp,s&tba6kJs_no:Jps5_ vpu peVz,*idPC0,4fy
. ...........
but not to encourage their survival. It is further the ,q,
f
intent of this chapter that nonconformities shall not th oar �0,adjust,kent,
be enlarged upon,expanded,or extended,nor be
used as grounds for adding other structures or uses 2. If two or more or combination
prohibited elsewhere in the same district. of lots and portion of lots with continuous frontage in
2. It is not the intent of this section single ownership are of record at the time of passage
to prohibit the improvement of nonconforming or amendment of this chapter,and if all parts of the
residences by adding bath facilities or connecting to lots do not meet the requirements established for lot
utilities as long as the bulk and area requirements of width and area,the lands involved shall be
the R-3 District are met. considered to be an undivided parcel for parcel the
purposes of this chapter,and no portion of said parcel
3. Nonconforming uses are shall be used or sold in a manner which diminishes
declared by this chapter to be incompatible with compliance with lot width and area requirements
permitted uses in the districts involved. established by this chapter,nor shall any division of
any parcel be made which creates a lot with width or
4. A nonconforming use of a area below the requirements stated in this chapter.
structure,a nonconforming use of land,or a The prohibition prescribed hereby shall not apply to a
nonconforming use of a structure and land in nonconforming lot on which a principal structure
combination shall not be extended or enlarged after existed on the effective date of adoption of this
passage of this chapter by the addition of other uses chapter and which adjoins a nonconforming lot on
of a nature which would be prohibited generally in which a principal structure existed on the effective
the district involved. date of the adoption of this chapter.
(Code 199 1, §160.135;Code 1965,App.A,Art 4(l); (Code 1991, §160.136;Code 1965,App.A,Art.
Ord.No. 1747,6-29-70;Ord.No. 1918,5-15-83; 4(2);Ord.No. 1747,6-29-70; Ord.No.2505,2-20-
Ord.No.2126,7-14-75) 79;Ord.No. 3114,9-3-85;Ord.No.3124,9-17-85)
C. Nonconforming Uses of Land(or
B. Nonconforming Lots of Record. Land with Minor Structures Only). Whereatthe
time of passage of this chapter lawful use of land
1.In any district in which single- exists which would not be permitted by the
family dwellings are permitted,a single-family regulations imposed by this chapter, and where such
dwellings and customary accessory buildings may be use involves no individual structure with a
erected on any single lot of record at the effective replacement cost exceeding$1,000,the use may be
H'IUSERSICOMMON�SHELLAPEPORTSIBO,IIV,4R 02-17SCHOLZEN.DOC
continued so long as it remains otherwise lawful, from any interior side property line;the carport is set
provided: back at least ten feet from the rear property line;the
area below the roof is open on the sides;and the
1. No such nonconforming use carport does not materially obstruct vision.
shall be enlarged or increased,nor extended to c. In residential zones,
occupy a greater area of land than was occupied at detachable awnings which are not structurally a part
the effective date of adoption or amendment of this of the building may be erected in any required front
chapter. yard or rear yard if the awning does not project more
than six feet. Detachable awnings which are not
2. No such nonconforming use structurally a part of the building and which project
shall be moved in whole or in part to any portion of no more than four feet may be erected in any
the lot or parcel other than that occupied by such use required interior side yard.
at the effective date of adoption or amendment of this d. In residential zones,
chapter. porch roofs and open porches may extend into
required yards by one foot on each side of the entry
3. If any-such nonconforming use door to a maximum depth of six feet in required front
of land ceases for any reason for a period of more yards and rear yards and to a maximum depth of four
than 120 days,any subsequent use of such land shall feet in required interior side yards.
conforra to the regulations in which such land is 2. Should such nonconforming
located;and structure or nonconforming portion of structure be
destroyed by any means to an extent of more than
4.No additional structure not 50%of its replacement cost at time of destruction,it
conforming to the requirements of this chapter shall shall not be reconstructed except in conformity with
be erected in connection with such nonconforming the provisions of this chapter.
use of land.
3. Should such structure be moved
(Code 199 1, §160.137;Code 1965,App.A,Art. for any reason for any distance whatever,it shall
4(4);Ord.No. 1747,6-29-70) thereafter conform to the regulations for the district
in which it is located after it is moved.
D. Nonconforming structures. Where a
lawful structure exists at the effective date of (Code 199 1, §160.13 8;Code 1965,App.A,Art.
adoption or amendment of this chapter that could not 4(4);Ord.No. 1747,6-29-70; Ord.No.3130, 10-1-
be built under the terms of this chapter by reason of 85)
restriction on areas, lot coverage,height,yards,its
location in the lot,or other requirements concerning E. Nonconforming Uses of Structures or
the structure,such structure may be continued so of Structures and Premises in Combination. If
long as it remains otherwise lawful,subject to the lawful use involving individual structures with a
following provisions: replacement cost of$1,000 or more,or of structure
and premises in combination,exists at the effective
I.&�usu'dh_nonp- date of adoption or amendment of this chapter,that
on
_g
.............
-,air d
pr�_, ,in ,w, , belt would not be allowed in the district under the terms
_crq_
................
increasexAts"ritme6 ormity iiany.xr�c e:or of this chapter the lawful use may be continued as
p ecoaso-its long as it remains otherwise lawful,subject to the
i I m.1 n 0 d d Ahg�fb`lfi 'structures following provisions:
---------------------------------
-Noncofiffi
1. No existing structure devoted to
iclentiali," sIrn �be_ -41 a use not permitted by this chapter in the district in
o -
e it if,
l- s a i'd i�s-fi�_ _ which it is located shall be enlarged,extended,
b. Carports in residential constructed,reconstructed,moved or structurally
zones may extend into the required yard setbacks if: altered except in changing the use of the structure to
the carport is set back at least ten feet from the street a use permitted in the district in which it is located or
right-of-way;the carport is set back at least five feet as required by other ordinances;
H.IUSERMCOMMOMSHELL]LkEPORTS�BOAIVAR 02-17SCHOLZEN.DOC
4(5);Ord.No. 1747,6-29-70;Ord.No. 1806,7-19-
2.Any nonconforming use may be 7 1;Ord.No.2126,7-15-75)
extended throughout any parts of building which
were manifestly arranged or designed for such use at F. Repairs and Maintenance.
the time of adoption or amendment of this chapter,
but no such use shall be extended to occupy any land 1. On any nonconforming structure
outside such building. or portion of a structure containing a nonconforming
use,work may be done in any period of 12
3.If no structural alterations are consecutive months on ordinary repairs,or on repair
made,any nonconforming use of a structure,or or replacement of non-bearing walls,fixtures,wiring,
structure and premises,may as a conditional use be or plumbing,to an extent not exceeding 10%of the
changed to another nonconforming use provided that current replacement cost of the nonconforming
the Planning Commission,either by general rule or structure or nonconforming portion of the structure
by making findings in the specific case,shall find as the case may be,provided that the cubic content
that the proposed use is equally appropriate or more existing when it became nonconforming shall not be
appropriate to the district that the existing increased.
nonconforming use. In permitting such change,the
Planning Commission may require appropriate 2. If a nonconforming structure or portion
conditions and safeguards in accord with the of a structure containing a nonconforming use
provisions of this chapter. becomes physically unsafe,or unlawful due to lack
or repairs and maintenance,and is declared by any
4. Any structure,or structure and duly authorized official to be unsafe or unlawful by
land in combination, in or on which a nonconforming reason of physical condition,it shall not thereafter be
use is superseded by a permitted use,shall thereafter restored,repaired,or rebuilt,except in conformity
conform to the regulations for the district,and the with the regulations of the district in which it is
nonconforming use may not thereafter be resumed; located or as required by other ordinances.
5. When a nonconforming use of a (Code 199 1, §160.140;Code 1965,App.A,Art.
structure,or structure and premises in combination,is 4(6);Ord.No. 1747,6-29-70)
discontinued or abandoned for six consecutive
months or for IS months during any three-year G. Conditional Use Provisions Not
period(except where government action impedes Nonconforming Uses. Any use which is permitted
access to the premises),the structure or structure and as a conditional use in a district under the terms of
premises in combination,shall not thereafter be used this chapter(other than a change through Planning
except in conformity with the regulations of the Commission action from a nonconforming use to
district in which it is located; another use not generally permitted in the district)
shall not be deemed a nonconforming use in such
6. Where nonconforming use district,but shall be without further action considered
status applies to a structure and premises in a conforming use.
combination,removal or destruction of the structure
shall eliminate the nonconforming status of the land. (Code 1991, §160.141; Code 1965,App.A,Art.
Destruction for the purpose of this division is 4(7);Ord.No. 1747,6-29-70)
defined as damage to an extent of more than 50%(or
other figure)of the replacement cost of time of ejr-,occupieif Now Maturing
------th' _dj _6
destruction; I&Ad6nees..-Notwi istarx, h -- - -er,
41"'g, ......P m
thisrsab-cim '0W n-e'K'7- d -Man u.
PC g
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7.All outdoor advertising signs id-----d- __tJ -- -1; , , �ii'
qtW'e:e1'j ';-ewnueu ure""
(billboards)not conforming with the provisions of i,61�,6f,i�14,46i6o���jt�fdd---tb,��, r6it
this chapter shall be removed within the period ;xp
a e
----------------
prescribed by §174.06.
el r
on v�str
upriconfl Am and" Octures
Y,
bit
(Code 1991, §160.139;Code 1965,App.A,Art. mo*�'
H.I USERSICOMMONISHELLIiREPORTSTO,41 VAR 02-17 SCHOLZEN DOC
----------
qrt
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jj ... ....dyllow n
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Mple �-qollc
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stille valtiared- ----t V, "l it-,- e
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Te a
--------------
(Code 199 1, 160.42;Code 1965,App.A,Art.5(8);
Ord.No. 1747,6-29-70;Ord.No. 1891, 12-5-72)
H.-JUSERSICOMMOMSHELLMEPORMBOA1 VAR 02-17 SCHOLZEN.DOC