HomeMy WebLinkAbout2002-10-07 - Agendas newest ad 10/2/02 10�5�ge 1 10/14/02 2X2.25
CI[FY OF FAYETTEVILLE
AGENDA NO-110E
BOA91)OF ADJUSTMENT
Monday,October 7,2002- 3:45 p.m.
City Administration Building,Room 326
113 West Neutral
Fayetteville,Arkansas
PUBLIC MEETING-OPEN TO City of Fayeftville
�e folowng items will the considered:
Approval of minutes from the meeffing of September 3,2002
New Busil
VAH 02-25.00:Variance(Hartsfield,be 610)was submitted by Coney Hartsfield for property
located at 1905 Ed Bell Road. The property is soned R-1,Low Dwell Residential and contains
approximately 0.33 acres. The requirement is for a 8'side setback and a 20'rear setback. Tne recluest
is for a 5'a de setback(a Tval arad a 1 0'rear setback(a 1 0'vamance).
At interested bodies may appear and ore heard at the public hearings. A copy of the gmicosed
amendments and other perfirsent data is open and available for Inspection in the Office of City Planning
(575-8264),City Administration Building,113West Mountain Street,Fayetteville,Arkarrea.Alintereated
pal we invited to remew the petitions.
Interpreters orTDD for Istanng impaired are available for all public meetings. 72 hour notice is required.
For further information or to request an interpreter please ca�Hugh Earnest at 575-8330,
CITY OF FAYETTEVILLE
AGENDA NOTICE
BOARD OF ADJUSTMENT
Monday, October 7, 2002 - 3:45 p.m.
City Administration Building, Room 326
113 West Mountain
Fayetteville, Arkansas
PUBLIC MEETING - OPEN TO ALL
The following items will be considered:
Approval of minutes from the meeting of September 3,2002
New Business:
VAR 02-25.00: Variance (Hartsfield, pp 610) was submitted by Carey Hartsfield for property
located at 1905 Ed Edwards Road. The property is zoned R-1, Low Density Residential and
contains approximately 0.33 acres. The requirement is for a 8' side setback and a 20' rear
setback. The request is for a 5' side setback(a 3' variance) and a 10' rear setback(a 10'
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.
* Please run this display ad Sunday, October 6,2002**
PO#00-000-2923-001 "Proof Requested**Contact Janet with questions or comments at 575-8263 Thanks!
9/3 City of Fay 9/26/N Page I
10/7/02 2x2.75
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT I NT THE
PROVISIONS OF THE CODE OF ORDff=OF 1TO CITY
OF FAYETTEVILLE, THE FOLLOWING PETITIONS HAVE
BEEN SET FOR A HEARING BER
ADJUSTMENT IN THE CITY ADMINISTRA11ON BUILDING
113 WEST MOUNTAIN STREET,ROOM 326,FAYETTEVILLE: City of Fayefleville
ARKANSAS,ON MONDAY,OCTOBER 7,2002,AT 3:45 P.M.
The following items will be considered-
Approval of minutes from the meeting of September 3,2002
New S..1n.s.
VAR 02-25.00:Variance(Harmfield,pp 610)was submitted by Carey Harlsfield for property located
at 1905 Ed Edwards Road. The property,is zoned R-1, Low Density Residential and contains
appnadmately 0.33 acres. The requirement is for a 8'side setback and a 20'mar setback. The
request is for a 5'side setback(a 3'variance)and a 10'mar setback(a 10'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 am invited to review the petitions.
Interpreters or Too 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 25th DAY OF September 2002
Tim Conklin
Planning Director 113 W.Mountain Fayetteville,AR 72701 575-8264
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, OCTOBER 7, 2002,AT 3:45 P.M.
The following items will be considered:
Approval of minutes from the meeting of September 3,2002
New Business:
VAR 02-25.00: Variance (Hartsfield, pp 610)was submitted by Carey Hartsfield for property
located at 1905 Ed Edwards Road. The property is zoned R-1, Low Density Residential and
contains approximately 0.33 acres. The requirement is for a 8' side setback and a 20' rear
setback. The request is for a 5' side setback (a 3' variance) and a 10' rear setback (a 10'
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 25' DAY OF September M02
Tim Conklin
Planning Director 113 W.Mountain Fayetteville,AR 72701 575-8264
**Please run this Notice of Public Hearing ad Sunday,September 29,2002**
PO#02-000037-001 Contact Janet with questions or comments at 575-8263,Thanks!
***Janet send to City council members&Neighborhood Associations
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, October 7, 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 September 3,2002
New Business:
I VAR 02-25.00: Variance (Hartsfield, pp 610) was submitted by Carey Hartsfield for
property located at 1905 Ed Edwards Road. The property is zoned R-1, Low Density
Residential and contains approximately 0.33 acres. The requirement is for a 8' side
setback and a 20' rear setback. The request is for a 5' side setback (a 3' variance) and a
10' rear setback(a 10' 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
AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment will be held Monday, October 7, 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 September 3,2002
New Business:
1. VAR 02-25.00: Variance (Hartsfield,pp 610)was submitted by Carey Hartsfield for
property located at 1905 Ed Edwards Road. The property is zoned R-1, Low Density
Residential and contains approximately 0.33 acres. The requirement is for a 8' side
setback and a 20' rear setback. The request is for a 5' side setback(a 3' variance) and a
10' rear setback(a 10' 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 ava'ilable 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
finther information or to request an interpreter,please call Hugh Earnest at 575-8330.
FAYETTEVILLE
TBE CITY OF FAYETTEV=,ARKANSAS
113W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8264
PLANNWG DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Shefli Rushing, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: October 2, 2002
VAR 02-25.00: Variance (Hartsfield, pp 610)was submitted by Carey Hartsfield for property
located at 1905 Ed Edwards Road. The property is zoned R-1, Low Density Residential and
contains approximately 0.33 acres. The requirement is for a 8' side setback and a 20' rear
setback. The request is for a 5' side setback(a 3' variance) and a 10' rear setback(a 10'
variance).
RECOMMENDATION:
Staff recommends denial of the requested rear and side yard setback variances as shown on
the attached site plan.
Should the Board choose to approve the variance, staff recommends the following
conditions:
1. Storage building shall be compatible with the existing residential structure. The
Board of Adjustment will need to be specific on what material� roof type,windows,
etc. will be required.
2. Eaves and overhangs of the structure shall not exceed the approved variance.
3. The height of the structure shall not exceed 10'.
Ordinance Requirement Applicant's Request
ack 20' 10' (10' vaiiance)
Side Yard Setback(east) 8' 5' (3' variance)
Comments:
The"CONDMONS OF APPROVAL"listed in this report are accepted in total without exception by the entity
requesting approval of this conditional use.
H.I USERS1 C0&a40NPL4NNNG IREPOR TEBOA RE-POR YS 2 002 1 OCTOBER WAR TSFIELD VAR 02-2 5.DO C Board ofAdjustment
Octoher 7, 2002
VAR02-25 Hartsfield
Page 1.1
Name: Date:
BACKGROUND:
Property/Neighborhood Characteristics: The subject property is .3 3 acres located at 1905 Ed
Edwards Road,Lot 71 of Sequoyah Meadows,Phase II Subdivision. It has 100' offrontage along Ed
Edwards Road. There are three utility easements: 15' along the north(side), 10' along the west(rear)
and 25' along the east (front). The neighborhood is predominantly single family residential.
Proposal. The applicant proposes to construct a 6'X 12' storage building at the southwest comer of
the rear yard. The proposed location is in the required rear and side yard setbacks.
Request: The applicant is requesting variances from the 20' rear yard setback and the 8' side yard
setback requirements. He is requesting a variance to locate the storage building 10' from the rear
property line (a 10' variance) and 5' from the south side property line (a 3' variance).
Public Contact. The applicant has contacted the neighborhood association, Sequoyah Meadows.
They have approved of his plans (see attached letter). According to the letter, the covenants do not
dictate setbacks or yard requirements.
StaffDetermination: Two of the easements, the 25' utility easement in the front yard and the 10'
utility easement along the rear of the property, are equal to or less than the yard requirements that
apply to all lots in the R-I District. These two easements do not create a special condition that is
unique to the property.
The 15' easement to the north side of the property is 7' larger than the side yard requirement of 8'.
Therefore, there is only one easement that creates a situation that is unique from other properties in
the R-I district. However, staff finds that this easement does not create a hardship to the property
owner nor does it deprive him of his rights. Granting ofthis variance would result in special privilege
to this property owner that is denied to other property owners by the zoning regulations.
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Residential (single-family) County—no zoning
South Residential (single-family) R-1 Low Density Residential
East Residential (single-family) County—no zoning
West Residential (single-family) R-1 Low Density Residential
GENERAL PLAN DESIGNATION Residential
Board ofAdjustment
H:�USERS1C0W0NPL4WWGU?&P0RTS00A RFPOR TS 2002 DCT0BFRVL4R TSFIEW VAR02-25DOC October 7, 2002
VAR02-25 Hartsfreld
Page 12
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 subject property has one utility easement, 15' on the north property line
(side yard),that is special to this property. However, staff finds this
casements does not create a hardship for the property owner.
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: The literal interpretation of the provisions of the zoning regulations will not
deprive the applicant of rights enjoyed by other properties. Staff finds no
evidence that the storage building cannot be built in compliance with the
yard requirements.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The condition of the easement is not a result of the action of the applicant.
However, the applicant is proposing a location for a new storage building
that is prohibited by zoning regulations.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165,to
other lands, structures, or buildings in the same district.
Finding: Granting the,variance requested will confer on the applicant special
privileges that are denied by zoning to other lands, structures, or buildings in
the R-1 district. Other land, structures, or buildings in the R-I district are
required to meet the yard requirements.
H.JUSERSICOMMOAVLANNING�REPORTS�BOAREPORTS20021OCTOBERLIIARTSFIELD VAR02-25,DOC Board of Adjustment
October 7, 2002
VAR02-25 Hartsfield
Page 1.3
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or nonconforming use of lands,
structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
Finding: No nonconforming uses were considered in the review of this variance
request.
§ 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, October 7,2002.
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: Compliance with the yard requirements will not eliminate or reduce the
reasonable use of the land and 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 of the variance is not in harmony with the intent and purpose of
zoning.
(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 three utility easements limit the use of his
property and where he can located structures and therefore justifies granting
the variance.
H JUSERSICOMMOWLANNINGIREPORTSIBOAPEPORTS20021OCTORERIHARTSFIELDVAR02-25.DOC Board ofAdjustment
October 7, 2002
VAR02-25 Hartsfield
Page 1.4
b. Conditions and Safeguards. In granting any variance, the Boar.d of Adjustment
may prescribe appropriate conditions and safeguards in conformity with the
zoning regulations.
Finding: Staff recommends denial of this variance. Should the Board decide to
approve the variance, the following conditions are recommended:
1. Storage building shall be compatible with the existing residential
structure.
2. Eaves and overhangs of the structure shall not exceed the approved
variance.
3. The height of the structure shall not exceed 10'.
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: Storage buildings are allowed as accessory structures in the R-1 district.
H-IUSERSICOMMO"LANNINGikEPORY'SIBOAPEPORTS20021OCTOBERIHARYSF,fELDV.4RO2-25DOC Board ofAdjustment
October 7, 2002
VAR02-25 Hartsfield
Page 1.5
From Chapter 161 Zoning Regulations
Fayetteville Unified Development Ordinance
§ 161.04 DISTRICT R-1: LOW DENSITY RESIDENTIAL.
A. Purpose. The Low Density Residential District is designed to permit and encourage the development
of low density detached dwellings in suitable environments, as well as to protect existing development of these types.
B. Uses.
1. Permitted Uses.
F11mit 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 Regul tions.
Single-Family Two-Family
TOT 70 ft. 80 ft.
Minimum
Width
Lot Area 8,000 sq.ft. 12,000 sq.ft.
Minimum
Land Area 8,000 sq.ft. 6,000 sq.ft.
Per Dwelling
Unit
E. Ya Requirements(feet).
I FRONT I $1011---YARD ' AWYAiU__1
RE
YARb
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.,IUSERSICOMMOMPL4NjVlNGIREPORTSIBOAPEPORTS20021OCTOBER�HARTSFIELDVAR02-25-DOC Board ofAdjustment
October 7, 2002
VAR02-25 Hartsfield
Page 1.6
From Chapter 163 Use Conditions
Fayetteville Unified Development Ordinance
ACCESSORY STRUCTURES AND USES. Accessory structures and uses shall be subject to the
applicable use conditions set forth in Zoning, Chapters 160-165, and to the following general conditions:
A. Accessory Buildings.
1. When Erected. No accessory building shall be erected on any property prior to the
construction of the principal building,.UNLESS such accessory building shall have been approved by the Planning
Commission as a conditional use.An
approved accessory building erected prior to the principal building shall not be inhabited.
2. Integral Part of Principal Building. An accessory building erected as an integral part of the
principal building shall be made structurally a part thereof, shall have a common wall therewith,and shall comply in
all respects with the requirements of the building code applicable to the principal building.
Ere- N' d-d
B. Trash Containers. "Lo-Dal"type trash containers located in any required yard shall be screened along
the side(s)of the container which encroach into the required yard, except that screening shall not be required on the
access side of the container. Where a trash container encroaches totally within a required yard, either the ftont or the
back of the container shall not be screened.
C.Swimming Pools. Swimming pools shall not be located in any required front yard.
(Code 199 1, §160.076; Code 1965,App.A,Art. 7(l); Ord.No. 1747,6-29-70;Ord.No.2177, 12-16-75;Ord.No.
3131, 10-1-85)
HIUSERSICOMMONWLANNINGtREPOR7SIBOAPEPOR7"S2002iOCTOBERWARTSFIELDVAR02_25DOC Board of Adjustment
October 7, 2002
VAR02-25 Hartsfield
Page 1.7
1905 Ed Edwards
fyarwA'Re,Ar.72701
479443-5295
479-587-3525
bWd090dis@a01.CDM
June 23,2002
City of Fayetteville
Planning ComillissiOn
Conamilssloirm,
I am addressing the Planning Commission for approval of a storage building in my backyard.I am also
requesung a variance on the setbacks.I am askingthat I be allowed to setthe storage building in the back
yard in the southwest comer of the property.I am also asking the building be within the setback area,
specifically 5ftfrond the south fence and 10ft from the west fence.I n following with the checklist,I hope to
address the questions flat may arise under section 7 of the checklist
a)That special conditions and circumstances e)dst which ale peculiartD the land,structure,or building
involved and which are not applicable to other lands structures,or buildings in the same district
I feet this section specifically applies to my situation.In the building Of MY residence,itwas set back due to
utility rigbt-of-ways on three sides of the residence.As can be noted from the survey(included),I am limited
to where items can be placed on my property.I feel the site I have chosen will best fit in with my residence
and others around it
b)That Ifterall interpretation of the pmvisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same district underthe terms of this ordinance.
I am not sure if I can answerthis question without guessing,but I would feel safe in guessingthot most
properties aye not as restricted as mine in the placement of buildings on the pmperty due to right-Of-way.
c)That special conditions and circumstances do not result from the actions of the applicant.
The residence was completed when I bought iL I am somewhat embarrassed I did not ask more of the dgkt-
of-ways of the property.
d)That granting the variance requested will not confer on the applicant any special privilege that is denied by
this ordinance to other lands,structures,or buildings in the same district.
I am not sure what other restrictions or allowances have been granted to others in the neighborhood.I feel
that it will just allow me to use what property I have available to me.
in closing,I have limited space on my property due to utility right-of-ways.Further set backs will force me to
put a storage building in the middle of my yard a ad not allow me to enjoy my property to its fullest exteaL I
thank you for your consideration in this matter.
Sincerely,
C"Y a
�.ay a�fieldl
Board ofAdjustment
October 7, 2002
VAR02-25 Hartsfield
Page 1.8
SEQUOYSIMEADOWS ARCHITECTURAL REVIO BOARD
Charles Davis, Chairman
(479)444-7562
Philip Weber
(479)582-5589
Nancy J. Mills
(479)521-4051
Dale Shultz
(479)444-7811
Geary D.Lowery
(479)443-0767
August 17, 2002
Carey Hartsfield
1905 Ed Edwards
Fayetteville,Arkansas 72701
RE: Outbuilding Construction
Dear Mr. Hartsfield:
The Architectural Review Committee has reviewed your request for construction of a
storage building and have looked over the information and photo you provided.
It is the consensus of the committee that this building will conform with the dictates of the
covenants in the form as submitted to the committee at the August 17, 2002, meeting.
We cannot dictate setbacks, easements, and adjustments on the placement of the
building except that as in accordance with the Protective Covenants the building must be in the
back yard, but we believe one of the requirements of the city for a variance for setbacks is that
you have the consent of your neighbors and approval from the Board of Adjustment.
Thank you for submitting your plans and working with the Architectural Review Board
regarding this matter.
Sincerely,
YOUR SEQUOYAH MEADOWS
ARCHITECTURAL REVIEW BOARD
Board ofAdjustment
October 7, 2002
VAR02-25 Hartsfield
Page 1.9
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Board ofAdjustment
October 7, 2002
VAR02-25 Hartsfield
Page 1.14