HomeMy WebLinkAbout2003-04-07 - Agendas 4/7/03 BOA 3/27/03 2 ge 1 4/7103 BOA 2x3.25
NOTICE OF PUBUC 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 SHREEF,ROOM 326,FAYETTEVILLE,ARKANSAS,
ON MONDAY,April 7.2003,AT 3:45 P.M.
The folowng items wit be considered: 4)
VAR 03-8.00:Variance(Thiel,pp 368) a submitted by gamble !Ile
Thiel for property located at 104 E. Sycamore Street. The
property is zonec[R-0,Residential Office and contaurs approximatefy 0.14 acres.The requirement fs for
a 6,500 sq.ft.lot was,60'strest frontage and 15'side setback an the�side. The request is for a
6.250 sq.ft.lot area(a 250 sq.ft.variance),a 50'street frontage(a IlTvarance),and a 10'ske setback
on the what(a 5'variance).
VAR 03-9.00(Anderson,jop 523)was submitted by Nlanzer E.Anderson for property located at 403 S.
Church Avenue. The properry is zoned R-2,Medium Density ReedentiW. The requirements Are an 8'
setback on the south sce,a 25'setback on the east side,and a 30'setback on the north qua. The
request fs for a 7'setback(a 1'variance)on the south side,a 22'selback(a 3'variance)on the east
side,and an I IT setback(a 20'variance)on the north ede.
Al interested partles may appear and be heard at the putalc hearings. A cow of the proposed
amendments and other perthrent data is open and available for Inspection in the Office of City Planning
(575-8267).125 West Mountain Street Fayettoolle,Arkansas. At interested parties are invited to reoey,
the pelitions.
Interpreters or TOO for hearing imparecl are avalable for all pub1c,meetings. 72 hour notice is required.
For further information or to request an Interpreter,please CM at 57�8330.
GIVEN UNDER MY HAND THIS 26th DAYOFMARCH2003
D�T.Warrick,Zoning&Development Administrator
126 W Morntain Street.Fayetterdle,AR 72701 575-8267
4/7/03 BSA 3/27/03 2:51 Page 1
4/7103 BSA 2X3.25
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE
PROVISIONS OF THE CODE OF ORDINANICES OF THE CITY OF
FAYETTEVILLE,THE FOLLOWING PETITIONS HAVE BEEN SET
FOR A HEARING BEFORE THE BOARD OF SIGN APPEALS IN
THE CITY ADMINISTRATION BUILDING,113 WEST MOUNTAIN
STREET, ROOM 326, FAYETTEVILLE, ARKANSAS, ON
MONDAY,April 7,2003,AT 3:45 Plv�
The following Rome Will be considl
SNA 03-4.W:Sign Appeal(Wastfington Regonal Medical Center, He
pip 251) was submitted by Peter Nienengarlen on behalf of
Washington Regional Medical Center for Property located at 3215 N.North Hills Blvd. The property is
zoned R-0,Residential Office,A-1,Agricultural,and C-2,Thoroughfare Commercial.The request is to
install four additional wall signs. The ordinance allows for a maAmum of two wall signs not to exceed
16 square feet each.
SNA 03-5.00: Sign Appeal (Walgreens, pp 523) was submitted by Geoffrey Rates of Keystone
Engireeling on behalf of BENCORE for property locand at the northeast comer of fith Stmet and S.
School Avenue. The pnoperty,is zoned C-2,Thoraughfana Commercial and contains approx[mately 2.00
acres. The request is for an 8'tall monument sign With a total surface was Of 90 Square feet. The
'minance allows for a maximum 6'tall monument sign not to exceed!75 squ�e feet tonal s�rfiace .
All intenased parfies may appear and be theard at the public hearings. A copy of the proposed
amendments and other pertinent data is open and walable for inalpecron in the Office of City Panning
(575-8267).125 West Mountain Street,Fayettemlle,Arkansas. Al memated parties ass whed to rafew
the befitions.
Interpreters orTDD for hearing Impaired we available for all public meetings. 72 hour notice is requinec.
For further information or to request an intenTeter.please call at 575-82�30.
GIVEN UNDER MY HAND THIS 2fith DAYOFMARCH2003
Dawn T Warrick,Zoning&Development:Administrator
126 W Mountain Street,Fayeftwfle,AR 72701 575-8267
4/7/03 AD 4/3/03 10:1C) P.g. I
4/7103 2X3.25
CITY OF FAYETTEVII-1,E
AGENDA NOTICE
BOARD OF ADJUSTMENT
Monday,April 7,2003- 3:45 pro,
City Administration Building,Room 326
113 We"Mountain
Fayetteville,Arkansas
PUBLIC MEETING-OPEN TO ALL
The folloWng Hems WK be considered:
Approval of the minutes from the March 3,2003'wrhg.
Nm Business
I�VAR 03-8.00:Vanance(Thiel, pp 368)me submitted by Brenda Thiel
for prop"located at 104 E.Sycamore Street The property is zoned R-O,'
R�id�ialOffiw�dcwtainsapprmim�e�,0.14ac�. Therequl�mt�sforaBSOG�.ft.lota�,
60'stran frontage and 15'side setback on the�vest side. The request is for a 6,250 sq.ft.lot area(a
250 sc.ft.varial a 50'street frontage(a 10'variance),and a 10'side setback on the weat(a 5'
vadance). The front setback requirement is for a 65'setback due to the Classifical of Sycamore St
as a collector an the Masser Street Plan The request is for a 56'saback(a Wvariwca).
2.VAR 03-9.00(Anderson,pp 623)�submitted by Niimzer E.Anderson for property located at 403
S.Church Avenue. T�property is zoned R-2,Medium Density Residential. The requIremerts are an
8'setback on the south ace,a 25'setback on the east side,and!a 30'setback on the north side. The
request is for a 7'setback(a I'varlance)on the south side,a 22'setback(a S'vadww)on the east
side,and a 10'setback(a 20'varrance)on the north side.
Al interested parties may appear and be heard at the public hearings. A copy of the proposed
amenci and other perl data IS Open and available for inspection in ine Ulffice of City Planning
(575-8267),125 West Mountain Strest.Fayei Arkansas. Al interested parties we invited to review
the petitims.
Interpreters orTDD for hearing impaired are available for all public meetings. 72 hour notice is required,
For further information or to requesit an interpreter,please bell 57&8330.
4/7/03 BSA #2 4/3/03 2:i�kp Page 1
�r 4MO3 BSA#2 20
CITY OF FAY
AGENDA NOTICE
BOARD OF SIGN APPEALS
Monday,April 7,2003- 3:45 p.m.
City Administration Building.Room 326
113 West Mountain
FayetievIle.Arkansas
PUBLIC MEETING-OPEN TO ALL City of Fayetteville
The following items Wit be considered
1.SNA 03-4.00-Sign Appeal(Washington Regional Medical Center,pp 251)Was submitted by Peter
+ Nienerigartern on behalf of Washington Regional Medical Center for prpPqnY located an a2l 5 N,North
Hills Blvd. The Property is zoned R-0 Residential Office,A-1,Agricultural, and C-2,Thoroughfare
Commercial.The request is to install�' additional wdl signs Which s,etapd the ndadmum square
footage and number of signs allowed.The ordinance ,ui,,nobt is for a maximum of four wall signs w
business with a maximum of 16 square feet per sign in an,R-0 district.
2.SNA 03-5.00: Sign Appeal Mgmaa�, pp 523)was submitted by Geoffimy Bea,of Keystone
Engineering on behalf of BENCORE for property located at the northeast Comer of 6th Street and S.
School Avenue.The Property,is zoned C�2,Thoroughfare Commercial and contains approximately 2.00
acres. The request is for an 8'tall liescranaling sign with a total surface arese of 53.36 square fast and
a 15 foot satoack. The ordinance allows for a 54 square foot sign with a 37 foot seback.The request
is far a 22 foot variance.
At interested parties May appear and be heard!at the public thearings. A copy of the proposer!
amendments and other perfinent data Is open and available for inspection in the Office of City Planning
(575-8267),125 West Mountain Street,Fay
the pertitions. 81100118,Arkansas. All interested Parties,are invited 10 review
Interpreters or TOD for hearing impared ane available for all public Meetings. 72 hour notice is required.
For further info mation or to request an imepher,Please call 575-8330.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:479-57"267
AGENDA FOR A MEETING OF TIIE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment will be held Monday, April 7, 2003, at
3:45 p.m. in Room 326 of the City Administration Building, 113 West Mountain,
Fayetteville,AR.
The following items will be considered:
Approval of the minutes from the March 3,2003 meeting.
New Business:
I. VAR 03-8.00: Variance (Thiel, pp 368) was submitted by Brenda Thiel for
property located at 104 E. Sycamore Street. The property is zoned R-0,
Residential Office and contains approximately 0.14 acres. The requirement is for
a 6500 sq.ft. lot area, 60' street frontage and 15' side setback on the west side.
The request is for a 6,250 sq.ft. lot area (a 250 sq.ft. variance), a 50' street
frontage (a 10' variance), and a 10' side setback on the west (a 5' variance). The
front setback requirement is for a 65' setback due to the classification of
Sycamore St. as a collector on the Master Street Plan. The request is for a 56'
setback(a 9' variance).
2. VAR 03-9.00 (Anderson, pp 523) was submitted by Nianzer E. Anderson for
property located at 403 S. Church Avenue. The property is zoned R-2, Medium
Density Residential. The requirements are an 8' setback on the south side, a 25'
setback on the east side, and a 30' setback on the north side. The request is for a
7' setback (a l' variance) on the south side, a 22' setback (a 3' variance) on the
east side, and a 10' setback(a 20' variance)on the north side.
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(575-8267), 125 West Mountain Street,Fayettev ille,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 fin-ther information or to request an interpreter,please call 575-8330.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Dawn T. Warrick,AlCP, Zoning& Development Administrator
DATE: ' April 7, 2003
VAR 03-8.00:Variance(Thiel,pp 368)was submitted by Brenda Thiel for property located at 104
E. Sycamore Street. The property is zoned R-0,Residential Office and contains approximately 0.14
acres. The requirement is for a 6500 sq.ft. lot area, 60' street frontage and 15' side setback on the
west side. The request is for a 6,250 sq.ft.lot area(a 250 sq.ft.variance),a 50' street frontage(a 10'
variance),and a 10' side setback on the west(a 5' variance). The front setback requirement is for a
65' setback due to the classification of Sycamore St. as a collector on the Master Street Plan. The
request is for a 56' setback(a 9' variance).
RECOMMENDATION:
Staff recommends approval of the requested lot area, lot width and setback variances as
shown on the attached site plan with the following conditions:
1. Setback variances shall only apply to the proposed 2 100 s.f. duplex.
2. Any future additions or exterior alterations which change the footprint or roof
overhang shall require a new variance and public hearing before the Board of
Adjustment.
3. The site plan submitted with this application shall be revised prior to the issuance of
a building permit.
4. The proposed duplex shall be built according to the elevations with materials as
submitted with this application.
5. Variances approved by this action shall be void if required permits have not been
obtained for the project within one calendar year from the date of approval.
Comments:
K.WEPORTSP003180A REPORTS14-7-031VAR03-8-THIEL.DOC VAR 03-08.00 Thiel
Board ofAdjustment
April 7,2003
Page L I
The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the
entity requesting approval of this conditiona I use.
Name: Date:
BACKGROUND:
Property Description: The subject property is located west of N. College Ave. on the north side
of Sycamore Street. There is currently a small (743 s.f.) single family home on the property.
Surrounding uses are varied and include a planned unit development consisting of townhomes to
the west, a city park and commercial properties to the south, and residential uses on R-0 zoned
property to the north and east. Beyond the residential property north of the site, is property in the
P-1, Institutional zoning district. This is the location of Woodland Jr. High School.
Proposal: The applicant proposes to remove the existing single family home on this property
and to construct a 2100 s.f duplex(approx. 1050 s.f. per side).
Request: In order to develop the subject property as proposed, the applicant has requested
variances for the existing lot area and lot width which are both insufficient for a duplex lot in the
R-0 zoning district. In addition, the applicant is seeking variances from the required front
setback and the side setback to the west which adjoins a R-1.5 residential district. The standard
50' front setback is increased by 15' to 65' from the front property line in this instance due to the
classification of Sycamore Street as a collector street on the Master Street Plan. A collector
street requires a total right of way of 70' (35' from centerline). The right of way adjacent to the
subject property is 20' from centerline. The western side setback is increased from 10' to 15'
because the adjoining property is zoned residentially.
R-0 zoning district Ordinance Requirement Applicant's Request
Lot area 6,500 s.f. 6,250 s.f. (a 250 s.f. variance)
Lot,Aidth 60' 50' (a 10' variance)
Side setback 15, 10' (a 5' variance)
Front setback(MSP) 65' 56' (a 9' variance)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Residential/Vacant R-0,Residential Office
South City Park/Commercial P-1,Institutional/C-2,Thoroughfare Commercial
East Residential R-0,Residential Office
West Residential(Planned unit devel R-1.5,Moderate Density Residential
GENERAL PLAN DESIGNATION Residential
K.WEPOR M7003 160A REPORTSW-7-03 WAR03-8—THIEL.DOC VAR 03-08.00 Thiel
Board of Adjustment
April 7,2003
Page 1.2
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: The subject property was created before 1956, prior to the adoption of
current zoning regulations. The size of the lot would make development of a
professional office extremely difficult if not impossible.
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 size of this lot is very restrictive. Without variances it would likely be
undevelopable.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The property was created well in advance of current zoning regulations and
prior to ownership by 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: The proposed use (duplex) is permitted by right in the R-0 zoning district.
Granting the variance will not confer on the applicant any special privilege
that is not otherwise provided under adopted zoning regulations.
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 were
used in the review and findings of this variance request.
K LREPORMOOMOA REPORTS14-7-031V,4RO3-8-THIEL.DOC VAR 03-08.00 Thiel
Board ofAdjustment
April 7,2003
Page 1.3
§ 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,April 7,2003.
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.
(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: The existing lot is non-conforming and while a single family home could be
built on the lot with approval from the Subdivision Committee, it is not
desirable to have a single family dwelling between existing R-0 zoning and
townhomes. The proposed duplex may provide a transition between
commercial and residential uses along the north side of Sycamore St.
Granting the variance will be in harmony with the general purpose and
intent of current zoning regulations and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
(2.) Reasons set forth in the application justify granting the variance,and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
Finding: Reasons set forth in the application justify granting the variances. The
variances requested are the minimum variances necessary for the applicant
to develop the proposed duplex.
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 several conditions which should ensure that the
K.-WEPORTWO031BOA REPORTS4-7-031VAR03-8-TMELDOC VAR 03-08.00 Thiel
Board of Adjustment
April 7,2003
Page 1.4
project is built in accordance with the plans and other drawings submitted
with this application.
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
K.-IREPORTY20031BOA REPORTS�4-7-031VAR03-8-THIEL.DOC VAR 03-08.00 Thiel
Board of Adjustment
April 7,2003
Page 1.5
§161.12 DISTRICT R-O RESIDENTIAL
OFFICE. Lot Mobile Home Park 100 ft.
minimum
A.Purpose.The Residential-Office District Width:
is designed primarily to provide area for offices
without limitation to the nature or size of the office, One Family 60 ft.
together with community facilities,restaurants and
compatible residential uses. OWN
Three or More 90 ft.
B.Uses.
Lot Area Mobile Home Park 3 acres
1. Uses Permitted. Minimum:
Unit I City-Wide Uses by Right Lot Within a 4200 sq. ft.
Mobile Home Park
Unit 5 Government Facilities
...... Row Houses:
KE
in g TI F .41?4"�.
et _'�Yan
Development 10,000 sq.
Unit 12 Offices, Studios and Related ft.
Services Individual Lot 2500
Unit 25 Professional Offices sq.ft
2. Uses Permissible on Appeal to Single Family 6000 sq.ft
the Planning ommission. 1771W
WE 0
Unit 2 City-Wide Uses by Conditional Three or More 8000 sq. ft
Use Permit
Fraternity or I acres
Unit 3 Public Protection and Utility Sorority
Facilities
Land Area Mobile Home
Unit 4 Cultural and Recreational Per Dwelling
Facilities Unit:
Unit 9 Multi-Family Dwelling-Medium Row Houses
Density &Apartments:
Unit 10 Multi-Family Dwelling-High
Density Two or More 1200 sq. ft.
Bedrooms
Unit 13 Eating Places 1000 sq.ft.
One Bedroom
C. Bulk and Area Regulations. 1000
Per Dwelling Unit for Residential S tures) No Bedroom sq.ft
Lot Mobile Home Park 100 ft.
q ft.,
Minimum Fraternity or 500s 1.
Width: Sorority per
resident
Lot Within a 50 ft.
Mobile Home Park
KIREPORTS12003WOA REPORTS14-7-03�V4RO3-8-THIEL.DOC VAR 03-08.00 Thiel
Board ofAdjustment
April 7,2003
Page 1.6
D. Bulk and Area Regulations/Setbacks.
Setback lines shall meet the following minimum
equirements.
From Street ROW 30 ft.
C
-9
From Side Property Line 10 ft.
MeN
-------------
M 2-
From Back Property Line Without 25 ft.
Easement or Alley
From Center Line of Public Alley 10 ft.
E. Building Area. On any lot the area
occupied by all buildings shall not exceed 60%of the
total area of such lot.
F. Height Regulations. There shall be no
maximum height limits in R-0 Districts,provided,
however,that any building which exceeds the height
of 20 feet shall be set back from any boundary line of
any R-1,R-2,or R-3 District an additional distance of
one foot for each foot of height in excess of 20 feet.
(Code 199 1,§160.04 1;Code 1965,App.A,Art.5(x);
Ord.No. 1747,6-29-89;Ord.No.2414,2-7-78;Ord.
No.2603,2-19-80;Ord.No.2621,4-1-80)
K.'IMPORM200300A RWRTS14-7-03IM03-8-THIELDOC VAR 03-08.00 Thiel
Board ofAdjustment
April 7,2003
Page 1.7
0
Variance Request to Planning Staff
for 104 E. Sycarnore
We are requesting a lot width variance to build a two-family dwelling in a R-0 zoned lot that is
50' wide. We are also requesting a side setback variance of 5' on the west side of the property.
The R-0 zoning requires 15' from side property line when contiguous to a R-1, R-2, or R-3
district.
The existing 743 square foot single-family dwelling, located at property, is over 50 years in age,
was originally built with cheap and inferior materials, and is in very poor condition. We would
like to raze and remove the existing building and build a 2-story, two-family dwelling with two
bedrooms and approximately 1050 square foot per unit.
Karl Thiel
I�rendi th�el
VAR 03-08.00 Thiel
Board ofAdjushnent
April 7,2003
Page 1.8
From the Desk ofKarl and Brenda Thiel
Michael Green, Chair
Board of Adjustment
Re: Lot width and side setback variance for 104 E. Sycamore
Dear Mr. Green,
The existing 743 square foot single-family dwelling, located at property, is over 50 years in age,
was originally built with cheap and inferior materials, and is in poor condition. We would like to
raze and remove the existing building and build a 2-story,two-family dwelling with two
bedrooms and approximately 1050 square foot per unit.
The 50'wide lot at 104 E. Sycamore has been configured and recognized since at least 1956. The
property lying to the west has been rezoned for two-family units. The property to the east,
between this property and North College, is zoned for Residental-Office use. There is a city park
across the street from this property.
We believe that a two-family dwelling at this location will provide additional buffer between the
R-O and commercial zoning lying to the east to North College. We also believe that building a
new structure will greatly improve the appearance of this property which is located on a well-
traveled city street.
Sincerely,
Karl Thiel
ac-4&. a ieI45��
VAR 03-08.00 Thiel
Board ofAdjustment
172 E. Willoughby Dr. -Fayetteville,AR 72 701 -501-442-3095-E-mail:bthiel@ipa.net April 7,2003
Page 1.9
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Board of Adjustment
April 7,20
FAYETTEVILLE
THE CITY OF FAYET-rEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNfNG DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Dawn T. Warrick,AICP, Zoning&Development Administrator
DATE: April 7, 2003
VAR 03-9.00 (Anderson, pp 523) was submitted by Nianzer E. Anderson for property located at
403 S.Church Avenue. The property is zoned R-2,Medium Density Residential. The requirements
are an 8' setback on the south side,a 25' setback on the east side,and a 3 0' setback on the north side.
The request is for a 7' setback(a V variance)on the south side,a 22' setback(a 3'variance)on the
east side, and a 10' setback(a 20' variance) on the north side.
RECOMMENDATION:
Staff recommends approval of the requested setback variances as shown on the attached
site plan with the following conditions:
1. Setback variances shall only apply to the improvements and additions as proposed
in this application.
2. Any future additions or exterior alterations which change the footprint or roof
overhang shall require a new variance and public hearing before the Board of
Adjustment.
3. Variances approved by this action shall be void if required permits have not been
obtained for the project within one calendar year from the date of approval.
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:
K.-IREPORTSL?003 WA REPORTS�4-7-031VAR03-9-ANDERSON.DOC VAR 03-09.00 Anderson
Board of A djustinent
April 7,2003
Page 2.1
BACKGROUND:
Property Description: The subject"property is located at the southwest comer of Archibald Yell
Blvd. (Hwy 71B) and Church Street. The subdivision in which the property is located was
recorded in 1890. Years ago, when Hwy 71 was widened and extended along the north side of
this property, a portion of the lot was taken for right of way. At this time, Hwy 71 in this
location is classified as a principal arterial on the Master Street Plan. This designation has
caused the need for an increased setback along the north side of the subject property. That
setback requirement is 30' instead of the standard 25' front setback due to the need for additional
right of way for future improvements. There is an existing single family home on the subject
property.
Proposal: The applicant Aishes to make improvements to the existing structure. These
improvements include interior renovations as well as additions in several locations. The intent is
to better use the existing space and to provide more living area for the applicant and his family.
Request: In order to make the improvements desired by the applicant,three setback variances are
being requested with this application.
R-2,Medium Density Ordinance Requirement Applicant's Request
Residential
Front setback(north) 30' 10' (a 20' variance)
Front setback(east) 25' 22' (a 3' variance)
Side setback(south) 8' 7' (a V variance)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Hwy 71B/Residential R-0,Residential Office
South Residential R-2, Medium Density Residential
East Residential R-2, Medium Density Residential
West Commercial C-2, Thoroughfare Commercial
GENERAL PLAN DESIGNATION Mixed use
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
K.REPORTSL7003WOA REPORTS14-7-031VAR03-9-AIVDERSON.DOC VAR 03-09.00 Anderson
Board ofAdjustment
April 7,2003
Page 2.2
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same distri�t.
Finding: This property was affected by past improvements to Hwy 71B (Archibald
Yell). That portion of the road was widened at some point many years ago.
That action made the already small lot even smaller and it created a unique
northern property line to the lot. The lot was originally platted in the late
1800's. This certainly predated any zoning regulations for the City of
Fayettevifle. The lot is rather small and is located on a corner which means
that larger setbacks apply on the two sides which face city streets.
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
restrict the ability of the applicant to increase the size of this single family
home to a maximum of 25% of the current square footage. This would limit
the amount of improvement that the applicant would be able to make to the
property and would not allow the proposed changes.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special circumstances identified as unique to this lot did not result from
actions of the applicant. The taking of right of way for highway
improvements and the original size of the property at the time the
subdivision was created are situations which were out of the control 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: The use of this property for a single family home is permitted in the R-2
zoning district. Granting the variances requested will not confer any special
privilege 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.
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April 7,2003
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Finding: No nonconforming use of neighboring lands, structures, or buildings 'were
used in the review and findings 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,April 7,2003.
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.
(I.) Harmony with General Purpose. The Board of Adjustment shall further make a
finding that the granting of the variance will be in harmony with the general
purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Finding: The existing use of this property for a single family home is permitted and is
compatible with surrounding properties. The granting of the requested
variances will allow the applicant to make necessary improvements to the
structure which will be beneficial to the neighborhood as well as the
applicant. Approval of this request will be in harmony with the general
purpose and intent of current zoning regulations and will not be injurious to
the neighborhood or otherwise detrimental to the public welfare.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land,building, or structure.
Finding: Reasons set forth in the application justify granting the requested variances.
The requested variances represent the minimum variances necessary to
achieve the applicant's objective of improving and expanding 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.
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April 7,2003
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Finding: Staff has recommended conditions ippropiriate.to this request.
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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§161.06 DISTRICT R-2 MEDIUM DENSIfY 2. Lot Area Minimum.
RESIDENTIAL. Mobile Home Park 3 Acres
A.Purpose. The High Density Residential Lot Within a Mobile 4,200'Sq. Ft.
District is designed to permit and encourage the Home Park
developing of a variety of dwelling types in suitable
environments in a variety of densities. Row House:
Development 10,000 Sq.Ft.
Individual Lot 2,500 Sq.Ft.
B.Uses.
1. Uses Permitted. Single-Family 6,000 Sq.Ft.
Unit I City-Wide Uses by Right Two-Family 7,000 Sq.Ft.
Unit 8 Single-Family Dwellings Three or More 9,000 Sq. Ft.
Unit 9 Multifamily Dwellings-Medium Fraternity or Sorority 2 Acres
Density Professional Offices I Acre
2. Uses Permissible on Appeal to
the Plannin Z Commission. 3. Land Area Per Dwelling Unit.
Unit 2 City-Wide Uses by Conditional Use Mobile Home 3,000 Sq.Ft.
Permit
Apartments:
Unit 3 Public Protection and Utility Facilities Two or More 2,000 Sq.Ft.
Bedrooms
Unit 4 Cultural and Recreational Facilities One Bedroom 1,700 Sq.Ft.
Unit I I Mobile Home Park No Bedroom 1,700 Sq.Ft.
Unit 25 Professional Offices Fraternity or Sorority 1,000 Sq.Ft.per
I I Resident
C. Density.
Families Per Acre 4 to 24 E.Yard quirements(feet).
REAR
D.Bulk and Area Regulations. YARD
1. Lot Width Minimum. Ni, 4 25
Mobile Home Park 100 Feet
Cross Reference: Variances Chapter 156.
Lot within a Mobile 50 Feet
Home Park F. Height Regulations.Any building
which exceeds the height of 20 feet shall be set back
One Family 60 Feet from any side boundary line an additional distance of
Two Family 60 Feet one foot for each foot of height in excess of 20 feet.
(Code 1991,§ 160.033; Code 1965,App.A,Art.
Three or More 90 Feet 5(111);Ord.No.2320,4-5-77;Ord.No.2700,2-2-81)
Professional Offices 100 Feet
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Description of Request
403 S Church
Fayetteville, Arkansas
Lot 1 Block 26
Jenning Addition
The applicant finds it necessary to make changes to the existing structure in order to
make this house more conducive as it relates to the living conditions of this applicant and
this applicant's finnily.
The existing structure is 1539 square feet and has the following conditions:
One, it only has one bathroom
Two,the roof and ceiling on the southern most portions over the south rooms are slanted
in two different directions. This slanted roof and ceiling have and continue to cause the
following conditions and effects.
a. It is impossible to install lighting in the southern most portions of the
south rooms.
b. it is impossible to install outlets in the south wall in the south rooms.
C. It is extremely difficult to install lighting in the middle of the south rooms.
d. It is impossible to install a number of pre made
material/furnishing/equipment in the south rooms without altering it/them
e. Only the north wall can somewhat be used in most of the south rooms.
f The ceilings are extremely low in the south rooms.
9. The south wall in the bathroom is 51311 tall.
Three, the floor(s) on the east half of the house are 9"higher than the floor(s) on the west
section of the house. It has a 9" step down or up.
Fourth, do to age and weather, deteriorations have occurred to certain portions of the
house.
Fifth, do to haphazard additions;the floor plan is not fimetional and is also not conducive
to internal alterations.
VAR 03-09.00 Anderson
Board ofAdjushnent
April 7,2003
Page 2.7
This applicant is proposing to increase the building size including overhang to 2508
square feet to accomplish the following.
One, add an additional bathroom to accommodate the applicant and the applicant's
family.
Two, increase the height of the walls and ceiling and change the pitch of the roof on the
south side of the house to enable the applicant to do the following,
a. Install lighting in the southern most portions of the south rooms.
b. Install outlets in the south wall in the south rooms.
C. Install lighting as well as the desired type of lighting fixtures in the middle
of the south rooms.
d. Install pre made material/fiffnishing/equipment without altering it/them.
e. Utilize the south walls in the south rooms.
Three, level the floors. In order to level the floors, make them even,the height of the
ceiling on the west side has to be increase. This being the case,the applicant is proposing
to increase the height of the ceiling on the west side of the house to accommodate the
increase in height of the floors in the west section.
Fourth, correct deteriorations problems to certain portions of the house especially the east
side.
Fifth, change the floor plan and make it functional by incorporating the following.
a. Adding square footage to the west end of the structure.
b. Incorporating/adding the space on the southeast side that is not a part of
the existing structure to square the southeast comer. Maintain the existing
distance from the south property fine.
C. Extend the east side of the house from south to north thirty-three (33) feet
including overhang. Square the northeast comer. Maintain the existing
distance from the east property line.
d. Extend the width, south to north thirty-three (33) feet including overhang,
for seventy-six feet cast to west.
e. Reduce the distance from the north property line, the proposed structure
compared to the existing structure, by four(4) feet.
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Board ofAdjusanent
April 7,2003
Page 2.8
TO: Chair of the Board of Adjustment
Fayetteville, AR
FROM: Nianzer E. &Evelyn J. Anderson
403 S Church Ave
Fayetteville, AR 72701
RE: Variance Request
DATE: April 24, 2003
Granting this request would not destroy the integrity of the Neighborhood. The majority
of the houses on Church Street and in this district do not meet the requirements in this
ordinance. Granting this request would enable this house to fit in and look natural on
Church Street and in the district. This being the case, it will not give this applicant any
special privileges that are denied by this ordinance to other lands, structures, or building
on Church Street or in this same district.
There are some special conditions and circumstances that exist that are peculiar to this
lot and structure/building and that these special conditions and circumstances were not
caused by the actions of this applicant.
As you can find in the attached description, this lot, lot 1 in block 26, in Jenning's
Addition was filed on April 11, 1890 and recorded on April 12, 1890. Since that time the
size of the lot was reduce because of highway 71 and its improvement. This change in
particular changed the setback requirements on the north side of lot 1 as well as taking
part of lot I for right of way.
The building and additions to this structure/building/house a number of years ago
included the following.
The roof and ceiling on the southern most portions over the south rooms are slanted. In
the bathroom for example the south wall is 5'3"tall.
It is extremely difficult, impossible in some cases, to install lighting in the southern most
portions of the south rooms.
The southern most portions of the south rooms are in essence is space that cannot be
properly utilized.
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Board ofAdjusiment
April 7,2003
Page 2.9
The floor(s) on the east half of the house are 9"higher than the floor(s) on the west
section of the house. This 9" step down/up has caused some accidents, one relatively
serious. It is difficult for the walking impaired to negotiate. It is impossible for an
individual that requires the use of a wheelchair. This 9"step down/up is the only way to
get to the bathroom.
In addition to the above,there is only one bathroom. Another bathroom is needed to
accommodate the number of people.
Given the age of the original structure, age alone with weather has caused some portions
of the structure to deteriorate.
If something should happen to this structure,the applicant would like to replace it on this
lot.
In order to make this house more conducive and efficient as it relates to the living
conditions of this applicant and this applicant's family,this applicant is requesting that
the following variances be granted.
I. A one (1) foot variance on the south side (remain the same). The existing
building is currently seven(7) feet from the property line including
overhang.
2. A three(3) feet variance on the cast side(remain the same). The existing
building is currently twenty-two (22) feet from the property line including
overhang.
3. A twenty(20) feet variance on the north side. The existing building is
eight(8)feet from the property line including overhang. The proposed
building is ten(10) feet from the property line including overhang. This is
actually a reduction from the existing building to the property line
including overhang.
Thank you.
VAR 03-09.00 Anderson
Board ofAdjustment
April 7,2003
Page 2.10