HomeMy WebLinkAbout2002-11-04 - Agendas CITY OF FAYETTEVILLE
AGENDA NOTICE
BOARD OF ADJUSTMENT
Monday, November 4, 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 October 7,2002
New Business:
VAR 02-27.00 (1014): Variance(Pendleton,pp 486)was submitted by Steve Williams of Williams
Construction Company on behalf of Mary Carolyn Cherry Pendleton for property located at I I I W.
SkylineDrive. The property is zoned R-1, Low Density Residential and contains approximately 0.03
acres. Skyline Drive is a Historic Collector with a 50' street Right of Way. The requirement is for 30'
front setback. The request is for a 16' front setback(a 14' variance).
VAR 02-28.00 (1035):Variance(Kohler, pp 443)was submitted by Robert Kohler for property located
at 695 N. Gray Avenue. The property is zoned R-1,Low Density Residential and contains approximately
0.51 acres. The requirement is for a 25' front setback from Cleveland Street and Gray Avenue. The
request is for 17.5' front setback(a 7.5' variance)on Cleveland Street and a 9.7' front setback(a 15.3')on
Gray Avenue to accommodate the existing non conforming structure and a proposed 700 sq.ft. addition.
VAR 02-29.00(1036): Variance(Norbash,pp 291)was submitted by Sid&Sherrie Norbash for
property located at 2482 Jimmie Ave. The property is zoned R-1, Low Density Residential and contains
approximately 0.44 acres. The requirement is for a 20' rear setback. The request is for a I F rear setback
(a 9'variance).
VAR 02-30.00(1037): Variance(Charlton,pp 484)was submitted by Mary Charlton for property
located at 306 N. Willow Avenue. The property is zoned R-1,Low Density Residential and contains
approximately 0.17 acres. The requirement is for an 8' side setback. The request is for a 4' side setback(a
4' variance).
VAR 02-31.00(1038): Variance(Allen,pp 484)was submitted by Rich Brya of 3GD Inc. on behalf of
Sara Allen for property located at 319 E.Maple Street. The property is zoned R-1, Low Density
Residential and contains approximately 0.18 acres. The requirement is for a 30' front setback and an 8'
side setback. The request is for a 24.5' front setback(a 5.5' variance to accommodate the adopted Master
Street Plan)and a 2.5' side setback(a 5.5' 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 IDD 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 ru n th is display ad Sunday, November 3,2002**
PO#00-000-2923-001 "Proof Requested**Contact Janet with questions or comments at 575-8263 Thanks!
11/4/02 ad 10/24/02 Page 1
10/28102 newest ad 2x4.5
NOTICE OF PUBIJC HEARING
N0710E IS HEREBY CIVEN THAT pURSUANT To THE
PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY
OF FAYEnEVILLE,THE FOLLOWING PETITIONS HAVE BEEN
SErFORAHEARING BEFORETHE BOARD OF ADJUSTMENT
IN THE CITY ADMINISTRAnON MEW&
MOUNTAIN STREET,ROOM 326,FAYET`rEVILUE ARKANSAS,
ON MONDAY.NOVEMBER 4.2002,AT 3:45 RM: CRY of FayeftWile
The following Items will be corwidered:
Approval of minutes from the meeting of October 7,2002
New Business
VAR 02-27.00(1014):Variance(Pendleton. pp 486)was submitted by Steve Williams of Williams
Conscructlon Company on behalf of Mary Czrrolyn Cherry Pendleton far property located at 111 W.
Skyline Drive. The pmperty*zoned R-1,Lm Density Residernad end contains approximately 0.03
acres. Skyline Drive is a Historic CallectorWith a 60'soreet Right of Way. Therequiremerdisfor30'firont
setback. The request is far a 16'firant setback(a 1W variance).
VAR 02-28.00 n G35):Variance(Kohler.pp 443)was submitted by Robert Kohler for property located at
695 N.Gray Avenue. The prop"is zoned R-1.Law Density Residential and contains approxfmately
0.51 acres. The requirement is far a 26'front setback from aevefand Street end Gray Avenue. The
request is for 17.5'frort setback(a 7.5'vadancs)on Cleveland Street arld a 9.7'front setback(a 15.3')
on Gray Avenue to accommodate the edating non conforrhing strudurs and a proposed 700 sq.ft.
addrion.
VAR 02-29.00(1036):Variance(Norbash.so 291)wzz�submitted by Sid&Sherrie Norbash for property
located at 2482 Jimme Ave. The property is woned R-1, Low Density Residerydai end contains
approximately 0.�acres. The requirement is far a 20'reor setback. The request is for a 11'mar
setback(a D'vartance).
VAR 02-30.00(1037):Vanance(Chartan,pp 4M)was submitted by Mary Chariton for property located
at 306 N. Willow Avenue. The property is zoned R-1, Low Density Residential and contains
approximately0.17acres. Tbe requirernent is for a 8'side setback.The request is for a 4'side setback
(a 4'vanahce).
VAR 02-31.00(1038):Variance(Alan,R,484)vras submitted by Rich Brye of 3GD Inc.on behalf of Sore
Allen for property located at 319 E.Maple Street. The property is zoned R-1,Low Density Res demal
andcomansapproArrately0.18acres.The requirement is for a aff front setback end a 8'side setback.
Therequestisfora24.5'firontsetback(II6.5'varianceloaccammodate adopted Master Street Plan)
anda2.6'sidesetlaack(a5.5'variance).
At 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),CrtyAdministration Building,113WestMounajn Street,Fayetteville,Arkansas.Alinteresed
parties we invited to review me petitions.
Interpreters,or TOO for heanng impaired am available for all public meetings. 72 hour notice is required.
For further monnation or to roquest an interaret",Please call Hugh Earnest at 575-8330.
GIVEN UNDER MY HAND THIS 23rd DAY OF OCTOBER 2002
Tm GonWin
Planning Director 113 W.Mountain Fal AR 72701 675-8264
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,NOVEMBER 4, 2002,AT 3:45 P.M.
The following items will be considered:
Approval of minutes from the meeting of October 7,2002
New Business:
VAR 02-27.00(1014): Variance(Pendleton,pp 486)was submitted by Steve Williams of Williams Construction
Company on behalf of Mary Carolyn Cherry Pendleton for property located at I 11 W.Skyline Drive. The property
is zoned R-1,Low Density Residential and contains approximately 0.03 acres. Skyline Drive is a Historic Collector
with a 50' street Right of Way. The requirement is for 30' front setback. The request is for a 16' front setback(a
14' variance).
VAR 02-28.00(1035):Variance(Kohler,pp 443)was submitted by Robert Kohler for property located at 695 N.
Gray Avenue. The property is zoned R-1,Low Density Residential and contains approximately 0.51 acres. The
requirement is for a 25' front setback from Cleveland Street and Gray Avenue. The request is for 17.5' front setback
(a 7.5' variance)on Cleveland Street and a 9.7' front setback(a 15.3')on Gray Avenue to accommodate the existing
non conforming structure and a proposed 700 sq.ft.addition.
VAR 02-29.00(1036): Variance(Norbash,pp 291)was submitted by Sid&Sherrie Norbash for property located
at 2482 Jimmie Ave. The property is zoned R-1,Low Density Residential and contains approximately 0.44 acres.
The requirement is for a 20'rear setback. The request is for a I F rear setback(a 9' variance).
VAR 02-30.00(1037):Variance(Charlton,pp 484)was submitted by Mary Charlton for property located at 306
N.Willow Avenue. 'the property is zoned R-1,Low Density Residential and contains approximately 0.17 acres.
The requirement is for a 8' side setback. The request is for a 4' side setback(a 4' variance).
VAR 02-31.00(1038): Variance(Allen,pp 484)was submitted by Rich Brya of 3GD Inc.on behalf of Sara Allen
for property located at 319 E.Maple Street. The property is zoned R-1,Low Density Residential and contains
approximately 0.18 acres. The requirement is for a 30' front setback and a 8' side setback. The request is for a
24.5' front setback(a 5.5' variance to accommodate adopted Master Street Plan)and a 2.5' side setback(a 5.5'
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 23'DAY OF OCTOBER 2002
Tim Conklin
Planning Director 113 W.Mountain Fayetteville,AR 72701 575-8264
**Please run this Notice of Public Hearing ad Sunday,October 27,2002**
PO#02-000037-001 Contact Janet with questions or comments at 575-8263,Thanks!
***Janet send to City council members&Neighborhood Associations
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,NOVEMBER 4, 2002,AT 3:45 P.M.
The following items will be considered:
Approval of minutes from the meeting of October 7,2002
New Business:
VAR 02-27.00(1014):Variance(Pendleton,pp 486)was submitted by Steve Williams of Williams Construction
Company on behalf of Mary Carolyn Cherry Pendleton for property located at I I I W. Skyline Drive. The property
is zoned R-1,Low Density Residential and contains approximately 0.03 acres. Skyline Drive is a Historic Collector
with a 50' street Right of Way. The requirement is for 30' front setback. The request is for a 16' front setback(a
14' variance).
VAR 02-28.00(1035): Variance(Kohler,pp 443)was submitted by Robert Kohler for property located at 695 N.
Gray Avenue. The property is zoned R-1,Low Density Residential and contains approximately 0.51 acres. The
requirement is for a 25' front setback from Cleveland Street and Gray Avenue. The request is for 17.5' front setback
(a 7.5'variance)on Cleveland Street and a 9.7' front setback(a 15.3')on Gray Avenue to accommodate the existing
non conforming structure and a proposed 700 sq.ft.addition.
VAR 02-29.00(1036):Variance(Norbash,pp 291)was submitted by Sid&Sherrie Norbash for property located
at 2482 Jimmie Ave. TI)e property is zoned R-1,Low Density Residential and contains approximately 0.44 acres.
The requirement is for a 20'rear setback. The request is for a I F rear setback(a 9' variance).
VAR 02-30.00(1037): Variance(Charlton,pp 484)was submitted by Mary Charlton for property located at 306
N. Willow Avenue. The property is zoned R-1,Low Density Residential and contains approximately 0.17 acres.
The requirement is for a 8' side setback. The request is for a 4' side setback(a 4' variance).
VAR 02-31.00(1038):Variance(Allen,pp 484)was submitted by Rich Brya of 3GD Inc. on behalf of Sara Allen
for property located at 319 E.Maple Street. The property is zoned R-1,Low Density Residential and contains
approximately 0.18 acres. The requirement is for a 30'front setback and a 8' side setback. The request is for a
24.5' front setback(a 5.5' variance to accommodate adopted Master Street Plan)and a 2.5' side setback(a 5.5'
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 23rd DAY OF OCTOBER 2002
Tim Conklin
Planning Director 113 W.Mountain Fayetteville,AR 72701 575-8264
"Please run this Notice of Public Hearing ad Sunday,October 27,2002**
PO#02-000037-001 Contact Janet with questions or comments at 575-8263,Thanks!
**Janet send to City council members&Neighborhood Associations
newest ad 10/30/02 1 age I
newest ad 2x4
CITY OF FAYETTE\Zf
AGENDA NO-TICE
BOARD OF ADJUSTM
Monday November 4,2002-
City Administration Buildrig,]��
113WeM Mountain
Fayintevift Arkansas
PUBLIC MEETING-OPEN TO ALL City of Fayetteville
The following ftems,will be consdared;
Apprawal of minutes from Me nneetrig of October 7,2002
New Badnecs:
VAR 02-27.00(1014):Vartance (Pendleton, pp 486)was submitted by Steve Williams of Willianns
Conctruction Gornpany,an behalf of May Carolyn C"Pendleton for property located!W 111 W.
Skyline Drive. The property is zoned R-1,Low Density Resdential and contains approximately 0.03
acres Skyline Drive is a Historic Collectorwith a 50'stmet Right of Way.'r1herequirementisloi-30'firtint
setback The request is for a Ifilfrout setback(a 14'variancd.
VAR 02-28.00(1035):Variance(Kohler.op 443)was submitted.try,Robert Kohler for property located at
695 N.Gray Avenue. The property is zoned R-1,Lo.Density,Residential and contains appaudmately
0.51 ncrs�. The requirement is for a 25'front sialback from aweland Sheir,and Gray Awnuo. The
request is for 17.6'front setibeck(a 7.5'varlancd on Cleveland Stes:and a 9.7'front setback(a 15.3*)
on Grey Avenue to accommodate the sooting non contorning structure and a proposed 700 sq.ft.
addition.
VAR 02-29.00(1036):Wriance(Norbash,pp 291)was suluniftted by Sid&Sherrie Nortash for property,
located in 2482 Jimmie Ave. The property is zoned R-1, Low Density Residential and contains
appro)dmaeiy 0.�acres. The requirement is for a 20'rear setback. The request is for a 1 V mar
setback(a 9'varance).
VAR 02-30.00(1037):Variance(Chadian,pip,484)was submitted by Mary Chahar,for property located
of 306 N. Willow Averrue. The property is zoned R-1, Law Density Residential and contains
apprommatelyfl.17acres.Therecrufrementisforan8'skieseftback.TharequestistoraWedesetback
(a,l'varfarroe).
VAR 02-31.00(1038):Variance(AJlen,pp 484)was submitted by Rich Brya of3GD Inc.on behalf of Sara
Alm for property locreodat 319 E.Mciplestreet. ThepropertyiszonedR.1,LowDensityPeadernal
eac
Zcke� ent a for a 30'front setback and an 8' side
In 'craddy 4 1 seft, I, 'verancis to accomr-oclate Me adopted Mosier
ho
iftM
a 2.5'sId.�c. .k(a 5.5'varlancd.
At interested parties may sooner and be theraml at the PUNIC hearings. A copy of Me proposed
amendments,and other pertinent data is open end available for Inspection In the Office of City Planning
(575-8264),CityAdi-rinishation Building.113W�MwntaisS�,Fayefle0e,Arkm�.Aflinteriested
parties she irrvited to rovinew the petitions.
Interpreters or TOD for hearing impaired are available foral[public meetings. 721hournobu
For further information or to request an interpirdw,plawe cal 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,November 4, 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 October 7,2002
New Business:
1. VAR 02-27.00 (1014): Variance(Pendleton,pp 486)was submitted by Steve Williams of
Williams Construction Company on behalf of Mary Carolyn Cherry Pendleton for property located
at III W. Skyline Drive. The property is zoned R-1,Low Density Residential and contains
appro'ximately 0.03 acres. Skyline Drive is a Historic Collector with a 50' street Right of Way.
The requirement is for 30' front setback. The request is for a 16' front setback(a 14' variance).
2. VAR 02-28.00(1035): Variance(Kohler,pp 443)was submitted by Robert Kohler for property
located at 695 N. Gray Avenue. The property is zoned R-1,Low Density Residential and contains
approximately 0.51 acres. The requirement is for a 25' front setback from Cleveland Street and
Gray Avenue. The request is for 17.5' front setback(a 7.5' variance)on Cleveland Street and a
9.7' front setback(a 15.3')on Gray Avenue to accommodate the existing non conforming
structure and a proposed 700 sq.ft. addition.
3. VAR 02-29.00 (1036): Variance (Norbash,pp 291)was submitted by Sid& Sherrie Norbash for
property located at 2482 Jimmie Ave. The property is zoned R-1,Low Density Residential and
contains approximately 0.44 acres. The requirement is for a20' rear setback. Therequestisfora
I V rear setback(a 9' variance).
4. VAR 02-30.00(1037): Variance(Chariton,pp 484)was submitted by Mary Chariton for
property located at 306 N. Willow Avenue. The property is zoned R-1,Low Density Residential
and contains approximately 0.17 acres. The requirement is for an 8' side setback. The request is
for a 4' side setback(a 4' variance).
5. VAR 02-31.00(1038): Variance(Allen,pp 484)was submitted by Rich Brya of 3GD Inc.on
behalf of Sara Allen for property located at 319 E.Maple Street. The property is zoned R-1,Low
Density Residential and contains approximately 0.18 acres. The requirement is for a 3 0' front
setback and an 8' side setback. The request is for a 23.5' front setback(a 6.5' variance to
accommodate the adopted Master Street Plan)and a 2.5' side setback(a 5.5' variance).
All interested parties may appear and be heard at the public hearings. A copy of die 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
TEE 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,A.I.C�P., Senior Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: November 4, 2002
VAR 02-27.00(1014): Variance(Pendleton,pp 486)was submitted by Steve Williams of Williams
Construction Company on behalf of Mary Carolyn Cherry Pendleton for property located at I I I W.
SkylineDrive. The property is zoned R-1, Low Density Residential and contains approximately 0.03
acres. Skyline Drive is a Historic Collector with a 50' street Right of Way. The requirement is for 30'
front setback. The request is for a 16' front setback(a 14' variance).
RECOMMENDATION:
Staff recommends approval of the requested front setback variance as shown on the
attached site plan with the following condition:
1. This variance shall apply only to the existing structure and the proposed stairway
addition.
Ordinance Requirement Applicant's Request
Front Setback(R-1) 25'+5' for MSP I 0'4"setback,- 5' for MSP
(a 3 O'total setback) (a 19'8"variance)
BACKGROUND:
Property Description: The subject property is located on Skyline Drive near the top of Mt.
Sequoyah, across from the Methodist Assembly property. It contains one single family home
which was constructed in the early 1900's. Surrounding properties are primarily single family
residences in this R-I district with the exception of the Methodist Assembly conference center
property to the east. The site is narrow and slopes steeply to the west. There are many mature
trees surrounding the existing structure on the property.
HiUSERMCOMMO"LANNINGIREPORTSIBOAPEPOR7S2002V%(OVEMBERIPENDLETON-VAR02-27DOC Board ofAdjustment
November4, 2002
VAR02-2 7 Pendleton
Page LI
Master Street Plan: The required front setback is now greater due to the classification of Skyline
as an historic collector street on the City's adopted Master Street Plan. An historic collector
street requires a total right-of-way of 50' and there is currently only 40' of right-of-way existing
on Skyline Drive. When the street is improved, an additional 5' of right-of-way will be needed
on both sides of the street. Ordinance 4422, approved on October 1, 2002 requires that .
additional setback area be accommodated when a project adjoins a Master Street Plan street that
does not have the necessary right-of-way. This is an increased setback only and does not require
dedication of right-of-way or a reduction in the size of the lot.
Proposal: The applicant wishes to build a new stairway to connect the various levels of the
existing structure. The proposed location is at the southeast comer of the structure. The
applicant states that this location will accommodate the traffic flow within the house and will suit
the site conditions (topography). The applicant proposes an addition that is"as architecturally
contextual as possible."
Request: The request is to allow the stairway as well as the existing structure to encroach the
required 30' front setback. The new construction (stairway) will be located 17'4"from the front
property line (22'4" from the required Master Street Plan setback line). The existing structure is
located approximately 10'4"from the front property line (5'4"from the required Master Street
Plan setback line). In order to accommodate the existing structure,the Master Street Plan and to
allow for the proposed stairway addition, a variance of 19'8"is needed.
Unique Circumstances: Significant issues that are unique to this site include the topography as
well as the date of the original structure. The house was built well before any type of setback
regulations has been established for Fayetteville. The slope of the property dictated the siting of
the structure close to the street at the top and most level portion of the lot.
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-IUSERSICOMMO"LANNINGiREPORYSkBOAPEPOR7'S2002WOVEMBERIPENDLETON-VAR02-27DOc Bo,,rdofAdj,,,t;nem
November4, 2002
VAR02-27 Pendleton
Page 1.2
SURROUNDING LAND USE AND ZONING
North: Low Density Residential,R-I
South: Low Density Residential, R-1
East: Mt. Sequoyah Assembly, P-1
West: Low Density Residential, 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: The topography of this site and the fact that the structure was built prior to
setback regulations are unique to this particular property. The slope of the
lot and conflguration of the home dictate the location of the proposed
stairway addition.
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 alterations or additions to this structure which increase the existing
non-conformity. Since the non-conformity affects a large portion of the
existing structure, the entire front half of the house,which is the part of the
house on street level, could not be modified without a variance of some type.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The topography and location of the structure on this property do not result
from actions of the applicant.
H.IUSEI?SICOMMOWLANNING�REPOR7NWOAPEPORTS2002WOVEMBERWENDLETON-VAR02-27DOC Board ofAdjustment
November4, 2002
VAR02-27 Pendleton
Page 1.3
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: Granting the variance will not confer on the applicant any special privilege
that is denied by zoning.
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 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 were considered during the review of this
variance.
§ 156.102 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, November 4,2002.
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
which is the minimum variance necessary to permit the proposed addition
and to accommodate the existing house with consideration given to the City's
adopted Master Street Plan. The addition does not encroach further into the
front setback than the existing structure.
(L) Harmony with General Purpose. The Board of Adjustment shall ftuther 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 purposed of
H.IUSE"COMMO"LANNINGMPORYSIBOAPEPORTS2002WOVEMBERI,'ENDLETON-VAR02-27DOC Board ofAdjustment
November4, 2002
VAR02-27 Pendleton
Page 1.4
zoning regulations and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
Finding: The reasons set forth in the application justify the granting of the variance
which is the minimum variance necessary to permit the proposed addition
and to accommodate the existing house with consideration given to the City's
adopted Master Street Plan. The addition does not encroach further into the
front setback than the existing 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: This variance shall apply only to the existing structure and the proposed
stairway addition.
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 structure will remain a single family structure which is consistent with
the R-1 zoning district.
HIUSERSICOMMO"LANNINGIREPORTSIBOAREPORTS2002WOVEMBERWENDLETON-VAR02-27DOC Board ofAdrUStMent
Noventher4, 2002
VAR02-27 Pendleton
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 D. Bulk and Area R gulations.
and encourage the development of low Single- Two-Family
density detached dwellings in suitable Family
environments, as well as to protect existing Lot 70 ft. 80 ft.
development of these types. Minimum
B. Uses. Width
1. Permitted Uses. Lot Area 8,000 sq. ft. 12,000 sq.ft.
Erut I City-Wide Uses by Right Minimum
Unit 26 Single-Family Dwelling Land Area 8,000 sq. ft. 6,000 sq. ft.
Per
Dwelling
2. UsesPermissible on unit
Appeal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional E. Y d Requirements ( et).
Use Permit Vk6b,,q"T-_, SIDE REAR
Unit 3 Public Protection and Utility YARD YARD YARD
Facilities 2-5 8 20
Unit 4 Cultural and Recreational
Facilities
Unit 8 Single-Family and Two-Family
I Dwellings F. Building Area. On any lot the area
C. Density. occupied by all buildings shall not exceed
SINGLE-FAMI Y TWO FAMILY 40%of the total area of such lot.
DWELLINGS DWELLINGS (Code 1991, §160.031)
4 or Less Families 7 or Less Families
Per Acre Per Acre
H.�USERSICOMMONIPLANNINGWEPORYSIBOAREPOR7'S2002IArOVEMBERLPENDLETON-VAR02-27DOC Board ofAdjustment
November4, 2002
VAR02-27 Pendleton
Page 1.6
46
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ORDINANCENO. 4422
AN ORDINANCE ESTABLISHING SETBACK LINES ON SUCH
STREETS AND HIGHWAYS AS ARE DESIGNATED BY THE
MASTER STREET PLAN AND PROHIBITING THE
ESTABLISHMENT OF ANY NEW STRUCTURE OR OTHER
IMPROVEMENTS WITHIN THE SETBACK LINES.
WHEREAS, master street planning is required to connect Fayetteville to other
population centers and to provide for circulation within the community; and
WJJlEREAS, new development must be provided with proper street access to alleviate
problems associated with congestion and safety by requiring streets in sufficient number and of
adequate size to accommodate peak traffic volumes, pedestrians and alternative modes of
transportation; and
WHEREAS, the City of Fayetteville adopted a Master Street Plan in 1996 with
Resolution No. 97-96; and
WHEREAS, state statute §1445418. Setback ordinance provides enabling legislation
that gives municipalities the power to establish setback lines according to an adopted master street
plan;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY couNcu,OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That§166.19 Master Sireet Plan Setbacks is hereby added to Chapter
166 Land Development as stated below:
§166.19 MASTER STREET PLAN SETBACKS. The City shall require the
applicantldeveloper to establish a right-of-way setback line based on the right-of-way
requirements for streets and highways designated by the Master Street Plan. Such
setback line shall be considered the property line for such purpose of sat4fying the
requirements of the UDO. All building setbacks, required landscaping, parking lots,
display areas, storage areas and other improvements and uses shall be located outside of
such established setback area. The required width ofsetbacky, landscaped areas, buffers,
and all other setback and yard requirements shall be dimensionedfrom the established
right-of-way setback line. The establishment of any new structure or other improvements
within the right-of-way setback is prohibited.
PASSED and APPROVED this the I"day of October,2002.
APPROVED:
By: 47
ATTEST; D COODY,M24ayor
0, By:
HF/ATHER WOODRUFF, Ci�Wlerk Board of Adjustment
November4, 2002
VAR02-27 Pendleton
Page 1.8
September 27, 2002
Chair of the Board of Adjustments
Planning and Zoning Department
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Re: Variance for property located at:
111 W. Skyline Dr.
Fayetteville,AR 72701
Chair of the Board of Adjustments:
This letter is to request a variance for the above referenced property. The existing house was
constructed around 1930,prior to any zoning requirment. Therefore the existing structure was
not sited 25'-0" from the front setback line, that is now being imposed. We request to add a
stairway to tie the upstairs to the downstairs. This stairway is best located off of the front SE
comer of the house. This location is to create good traffic flow within the house and also deal
with the steepness of the existing site. Our intent is to make this addition as architectually
contextual as possible. We feel that this addition will be an asset to the property and also to
the neighborhood.
This request is only for the property located at 111 W. Skyline Dr., Fayetteville, Arkansas.
We understand that if we receive the variance it will not apply to any other structure or building
that may be located on the same property.
Respectfully submitted,
Mary Carolyn Pendleton
Enclosures
Board ofAdjustment
Novemher4, 2002
VAR02-27 Pendleton
Page 1.9
September 27, 2002
Chair of the Board of Adjustments
Planning and Zoning Department
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Re: 111 W. Skyline Dr.
Fayetteville, AR 72701
Chair of the Board of Adjustments:
The existing house is+/-1,380 S.F.. The proposed addition is for: 1. 108 S.F. stairway
2. 59 S.F. entry addition to the basement level. 3. 145 S.F. concrete patio and
4. 140 S.F. wood deck.
Off street parking will not be effected. Parking is available for two (2) cars.
Respectfully submitted,
Mary Carolyn Pendleton
Enclosures
Board ofAdjustment
November4, 2002
VAR02-27 Pendleton
Page 1.10
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-------- November�, 2002
VAR02-27 Pendleton
Page 1.11
VAR02-2100 PENDLETON
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Board ofAdjustment
November4, 2002
VAR02-2 7 Pendleton
Page 1.13
Board ofAdjustment
November4, 2002
VAR02-2 7 Pendleton
Page 1.14
FAYETTEVILLE BOA meeting of Nov. 4, 2002
TBE CITY OF FAYETTEVILLE,ARKANSAS
113W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8264
PLANMNG DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Shelli Rushing, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: October 30, 2002
VAR 02-28.00(1035):Variance(Kohler,pp 443)was submitted by Robert Kohler for property located at 695
N. Gray Avenue. The property is zoned R-1,Low Density Residential and contains approximately 0.51 acres.
The requirement is for a 25'front setback from Cleveland Street and Gray Avenue. The request is for 17.5'front
setback (a 7.5' variance) on Cleveland Street and a 9.7' front setback(a 15.3' variance) on Gray Avenue to
accornmodate the existing non-conforming structure and a proposed 700 sq.ft. addition.
RECOMMENDATION:
Staff recommends approval of the requested 7.5' front setback variance on Cleveland St.and
15.3' front setback variance on Gray Ave., pursuant to the following condition:
1. The variance shall apply only to the existing structure and the proposed 700 sq. ft.
addition as shown on the attached site plan.
I Ordinance Requirement Applicant's Request
Front Setback(Cleveland) 25'
Front Setback (Gray Ave) 25' 9.7' (15.3' variance)
Comments:
The"CONWHONS OF"PROVAIL"listed in this report are accepted in total without exception by the entity
requesting approval,of this conditional use.
Name: Date:
BACKGROUND:
Property Description: The subject property is located on the southwest comer of Cleveland St. and
Gray Ave. Cleveland St. is a lEstoric Collector and Gray Ave.is a local street.No additional right-of-
way is required to meet the Master Street Plan. A 2,950 sq. ft. single family house sits on this
H�LISEPOCOAAfOMPL4AWWGV?EPORTSOOA REPORTS 2002WOFFAdBERW0HLFR-W02-28-DOC Board ofAdjustment
November 4, 2002
VAR02-28 Kohler
Page 2.1
approximately V2 acre lot. The house was built in the early 1930's,prior to adoption of the zoning
ordinance. The property is zoned R-1 Low Density Residential.The existing structure is 17.5' from
the Cleveland St. right-of-way and is 9.7' from the Gray Ave. right-of-way. The existing structure
does not meet the 25' front setback requirement.The neighborhood is characterized by similar sized
lots with single family houses.
Proposal: The applicant is proposing to make an addition to the southeast comer of the existing
structure. The addition is approximately 700 sq. ft.,a 24%increase in size.A portion of the second
story addition extends in the front yard setback at Gray Ave.by 11'.The addition is proposed at this
location to avoid the removal of a 21" caliper oak tree and a 4" caliper dogwood tree.
Request:The applicant is requesting a variance from the 25'front setback requirement for Cleveland
St. and Gray Ave. The variances are to bring the existing structure into compliance. The request is
for a 17.5' (7.5' variance) on Cleveland St. and a 97 (15.3 variance) on Gray Ave.
Related Issues:The applicant currently has a building permit to extend the second level of the house.
The building permit permits only an increase in height from the existing footprint. The applicant
must obtain a variance to extend the second level past the existing footprint.
Recommendation: Staff is recommending approval of the requested front setback variances. The
existing structure was constructed prior to adoption of the zoning ordinance and is legally
nonconforming. The variance will simply allow this structure to become a legal conforming
structure. The proposed addition is less of an encroachment into the setback than the existing
structure.
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single family residential R-I Low Density Residential
South Single family residential R-I Low Density Residential
East Single family residential R-I Low Density Residential
West Single family residential R-1 Low Density Residential
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:
H.-I USEIMCOMMO"LANNINGVREPORTSIBOAREPOR7S 2002WO VEMBERWOHLER-VAR02-28DOC BoardofAdjusiment
November 4, 2002
VAR02-28 Kohler
Page 2.2
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 of buildings in the same district.
Finding: The existing structure was built prior to adoption of the zoning ordinance in
1970. The existing structure already sits in the required setbacks.
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: No finding.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: The existing structure was built prior to adoption of the zoning ordinance in
1970. The existing structure already sits in the required setbacks and is not a
result from the action of the applicant.
4. No Special Privileges. That granting the variance requested will not confer on the
applicant any special privilege that is denied by Zoning, Chapters 160-165,to other
lands, structures, or buildings in the same district.
Finding: Granting the variance will confer no special privileges since the existing
structure is legally nonconforming.
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 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 were considered during 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.
H.-IUSERSICOMMOMPLlNNINGIREPORTSWOAPEPOR7S20021A'OVEMBERIKOHLER-VAR02-28DOC Board ofAdjustment
November 4, 2002
VAR02-28 Kohler
Page 2.3
Finding: A public bearing is scheduled for Monday,Nov. 4,2002.
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: Granting thevariance is justified and is the minimum necessary to make
possible the reasonable use of land since the structure already exists.
(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. I
Finding: Granting the variance is in harmony with the general purpose and intent of
zoning and will not be injurious to the neighborhood or detrimental to the
public welfare. The proposed addition is less of an encroachment than the
existing structure.
(2.) Reasons set forth in the applicationjustify granting the variance,and thatthe 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 variance and it is
the minimum variance necessary.
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: The variance shall apply only to the structure as it exists on this date and the
proposed addition as shown on the attached site plan.
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 requested variance does not permit a use not permissible under Zoning in
the district involved.
H IUSERSiCOMMONIPL4NNING6'ZEPORTYROAKEPORTS2002WOVEMBERIKOHLER-VAR02-28DOC Board ofAdjustment
November 4, 2002
VAR02-28 Kohler
Page 2.4
From Chapter 161 Zoning Regulations
Fayetteville Unified Development Ordinance
§ 161.04 DISTRICT R-1: LOW DENSITY 4 or Less Families Per 7 or Less Familie
RESIDENTIAL. Acre Acre
A. Purpose. The Low Density Residential D. Bulk and Area Regulations.
District is designed to permit and encourage the Single-Family Two-Family
development of low density detached dwellings in Lot 70 ft. 80 ft.
suitable environments,as well as to protect existing Minimum
development of these types. Width
B. Uses.1. Permitted Uses. Lot Area 8 1 000 sq.ft. 12,000 sq.ft.
Minimum
��:nit I City-Wide Uses by Right Land Area 8,000 sq.ft. 6,000 sq. ft.
IUnit 26 Single-Family Dwelling Per Dwelling
Unit 1 1
2. UsesPermissible on Appeal to E. Ya Requirements(feet).
the Plannin Z Commission. -ONT
Unit 2 City-Wide Uses by Conditional Use FR SIDE YARD REARYARD
Permit RZ I
Unit 3 Public Protection and Utility Facilities 1 8 !0
Unit 4 Cultural and Recreational Facilities F. Building Area.On any lot the area
Unit 8 Single-Family and Two-Family occupied by all buildings shall not exceed 40%of the
Dwellings total area of such lot.
C. Density. (Code 1991, §160.031)
SINGLE-FAMILY TWO FAMILY
D DWELLINGS
H.'IUSERSICOMMONIPLANNINGWEPOR7SWOAREPORTS20021NOVEMBERWOHLER—VAR02-28DOC Board ofAdjustment
November 4, 2002
VAR02-28 Kohler
Page 2.5
Robert C. Kohler,III
695 N. Gray Ave.
Fayetteville,AR 72701
DESCRIPTION FOR VARIANCE:
Existing single family home originally built in the 1930's with proposed addition.
Existing square footage (air conditioned): approx. 2,950 s.f
Proposed addition square footage (air conditioned): approx. 700 s.f
As part of the proposed addition, a portion of the 2 d story will extend into the front yard
setback by 6 feet(5 feet building plus I foot roof overhang) from the existing structure.
This proposed 2d floor structure overhangs the front door with dimensions of 5 feet by
16 feet.A portion of the adjacent original structure which is grandfathered in from the
1930's already encroaches into the required front yard setback. The proposed
encroachment will be approximately 14 feet from the front property line vs. the existing
encroachment which is 9.7 feet from the front property line. In addition, if a redesign is
required to avoid the proposed front yard encroachment, a 21 inch caliper live oak tree
and a 4 inch caliper dogwood tree will have to be removed.
Board ofAdjustment
November 4, 2002
VAR02-28 Kohler
Page 2.6
Robert C. Kohler, Ell
695 N. Gray Ave.
Fayetteville,AR 72701
October 16, 2002
Re: Variance For 695 N. Gray Ave., Fayetteville
Dear Board of Adjustment Chair:
In response to the 4 required criteria:
a. The special condition that exists is that a portion of the original existing structure
is built within the 25 foot front yard setback grandfathered back to the 1930's. A
suitable and architecturally valid addition as proposed will by necessity also
encroach, but significantly less than the existing encroachment;
b. The literal interpretation of the ordinance is the required front setback of
minimum 25 feet. Other residences on the block may be newer and therefore are
compliant or are of the same age and happen to have been built within the
setback. Literal compliance would deprive the applicant of an structurally correct
solution in addition to the necessary removal of at least 2 significant, beneficial,
and desirable trees;
c. The special conditions are that the applicant is forced to deal with a set of
circumstances that are grandfathered and non-compliant;
d. If granted,the requested variance will not confer special privilege to the applicant
because other potential requests in the district of sirnilar conditions also run the
risk of being accepted or denied.by the Board.
Board ofAdjustment
November 4, 2002
VAR02-28 Kohler
Page 2.7