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Home My WebLink About2003-11-03 - Agendas 1103 BOA 10/24/03 12 Be 1 1103 BOA 2X3 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PROVISIONS OFTHE 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 3,2003.AT 3:45 RM. The folloi items%rill be considered; Approsal of minutes from the meeting 0 October 6,2003. New Business 1. VAR 03-29.00:Variance(Bristow,1 251)was subrumed by Vil Endow for property odared at 515 E.Rod Bud Lane. The property is zoned RMF-24,Residential Multi-family,24 units par acre. The request is to allow construction of a storage building with a raw setback of 2-ft. A variance of 21-ft.as there Is an existing setback of 24'to the house, 2.VAR 03-30.00;Variance(Nichols pp 557)was submitted by Dodi Nichols for property located at 2806 Old Farmington Rd. The property is zoned RSF-4,Residential Single fiennity 4 units par acre. The requirement is for a 50'front setback. The request is for a 25'front setback.A variance of 25'. 3. VAR 03-31.00;Variance fLamentlia Street,pp"5)was submitted by Barbara Dillon an behalf of James and Mary Larsen for property located at Lot 6 of the Englewood Addition.Tre property is zoned RSF-4,Residential Single-family,4 units par acre. The requirement is for a 70'lot wdth. The request is to allow a 64.5'[at width.A variance of 5.6'. A] interested parres may appear and the heard at me pub]c hearings. A copy of the proposed amendments and other pertinent data is open and avallable for Inspection in the Office of City win rig (575-8267),125 West Mountain Street,Fayettwile,Arkansas, Al interested parties we invited to review the petitions. interpreters orTDD for hearing impaired arm al for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please cof 575-8330. 1103 BSA 10/24/03 12--L�ge 1 1103 BSA 2x2.25 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PROVISIONS OFTHE CODE OF ORDINANCES OF THE CffYOF 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. NOVEMBER 3.2003,AT 3:45 P.M. The follomring III mrill be considemed: 1. SHIA 03-13.00:Sign Appeal(Central United Methodist Ch.nch,pp .submitted!by Brian S.ajn on behalf of CwtmJ United Methodist Church for property located at 6 W Dickson Street. The property is zoned R-O,Residential Office. Tbe requirement is for a 10'setback for the prriposed monument sign. The request is to arm a 5'sefloack.A 5'vanance.Planner:Suzanne Morgan;Staff: Kra Bunten All interested baffies may appear and be heard at the public thearings. A copy of the proloosed amendments and other pertinent data is open and avanable for inspection in the Office of City Planning (575-8267),125 West Mountain Street,Fayetteville,Nkart Adl interested parties am invited to mvie� the petitors. Interpreters orTOD for hearing impaired are avai for al public meetings. 72hournotic.isrequired. For further Information or to requiad an interpreter,plane call at 575-8330. 1103 BOA NEW 10/30/03 Page 1 1103 BOA NEW 2x3 CIIDF OF FAYETTEVILLE AGENDA NOTICE BOARD OF ADJUSTMENT Mondays Noea.bar3,2003,3.-45 p.m. City Administration Building,Room 326 113 West Mountain F"etteville,Arkansas PUBLIC MEETING-OPEN TO ALL The following items will be considered: Appraisal of minutes from the meeting of October 6,2003. M N.Business; 1.VAR 03-29.00:Variance(Bristow,Pip 2511 was submitted by Virginia Blistow for property located at 515 E.Red Bud Lope. The property is zoned RMF-24,Residential Multi-fannill 24 units par acre. The request is to allow construcaon of a storage hil with a rear setback of 2-ft. Avarance of 21-ft.as the.is an�isbing setback of 24'to the house.planner:Suzanne Morgan 2.VAR 03-30.00;Vana...(Nichols pp 557)was submitted by Deal Nichols for property located at 2806 Old Farmington Rd. The propery,is zoned RSF-4,Residential Single-family.4 units per see. The requirement is for a 50'front setback. TIne request is for a 25'front setback,A variance of 25'. Moral Suzanne Morgan 3.VAR 03-31.00:Variance IlLarseni Street,pp 4")was submitted by Barbara Dillon on behalf of James and Mary Lrrsen for property located W Lot 6 of the Englewood Addition.�e property Is zoned RSF-4.Residential Single-family 4 units per acre. The requirement is for a 70'lot width. 'the request is to allow a�5 lot width.A vaiiance of 5.5'. Planner:Jeremy Pate At Interested bodies may appear and be heard at the public heal A copy of the proposed amendments and other gerDnent data is open and available for insifnection in the Office of City Planning (575-8267),126 Wast Mountain Street,Fayettraffle,Arkansas. All interested pames pro fil to refAm the pel Interpreters or TDD for hearing impaired we available for all public meetings. 72 hour notice is required. For further information or to request an uterpreter,please calf 575-&330, 1103 BSA NEW 10/30/03 Page I 1103 BSA NEW 2x2.5 CITY OF FAYETTEVILLE AGENDA NOTICE BOARD OF SIGN APPEAL!I MondW Naahember 3,2003-3:45 p.m. City Administration Building,Room 326 113 West Mountain Fne"eville,Arkansas PUBLIC MEETING-OPEN TO ALL The folloaving items isill be considered; Approwl of minutes from the October 6,2003 meeting. New Busibees: 1.SNA 03-13.00;Sign Appeal(Central United Methodist Chuniff,pp 1184)was submitted by Star,Swain on behalf of Central Un ted Methodist Church for property located at 6 W.Dickson Street. The property is zoned R-O,Residential Office. The requirement is for a 10'setback for the proposed monument sign. The request is to slow a 5'seffeack.A Tvanance.Penner:Suzanne Morgian:Staff: Kris Bunten At interested parties may riepew and be heard at the public heanngs. A copy of the proibosed amendments and other pertinent data is open and available for linspecdon in the Office of City Planning (575-8267)125 Weat Mountain Street Fayefteolle,Arkansas. Al interested parties are invited to review the pettors. Interpreters or TDD for hewing impaired are available for all public meetings. 72 hour not[wisrequired. For funhu information orto request an interpreter,please 576-8330. FAYETTEVILLE THE CITY OF FAVETTEVMLE,ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 Telephone:479-575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment will be held Monday,November 3, 2003, at 3:45 p.m. in Room 326 of the City Administration Building, 113 West Mountain, Fayetteville,AR, 72701. Roll Call The following items will be considered: Approval of minutes from the meeting of October 6,2003. New Business: 1.VAR 03-29.00: Variance(Bristow,pp 251)was submitted by Virginia Bristow for property located at 515 E. Red Bud Lane. The property is zoned RMF-24,Residential Multi-family,24 units per acre. The request is to allow construction of a storage building with a rear setback of 2 V2 ft. A variance of 21 V2 ft. as there is an existing setback of 24'to the house. Planner: Suzanne Morgan 2.VAR 03-30.00: Variance(Nichols pp 557)was submitted by Dodi Nichols for property located at 2806 Old Farmington Rd. The property is zoned RSF-4,Residential Single-family, 4 units per acre. The requirement is for a 30' front setback. The request is for a 25' front setback. A variance of 5'. Planner: Suzanne Morgan 3.VAR 03-31.00: Variance(Larsen/Ila Street,pp 445)was submitted by Barbara Dillon on behalf of James and Mary Larsen for property located at Lot 6 of the Englewood Addition. The property is zoned RSF-4,Residential Single-family,4 units per acre. The requirement is for a 70' lot width. The request is to allow a 64.5' lot width. A variance of 5.5'. Planner: Jeremy Pate 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,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 575-8330. FAYETTEVILLE BOA Meeting of November 3, 2003 THE CITY OF FAYETTEVILLE,ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Suzanne Morgan,Associate Planner DATE: October 28, 2003 VAR 03-29.00: Variance(Bristow,pp 251)was submitted by Virginia Bristow for property located at 515 E. Red Bud Lane. The property is zoned RMT-24, Residential Multi-family, 24 units per acre. The request is to allow construction of a storage building with a rear setback of 2 '/2ft. A variance of 21 1/2 ft. as there is an existing setback of 24' to the house. Planner: Suzanne Morgan RECOMMENDATION: Staff recommends denial of the requested setback variance. -dinance Requirement Applicant's Request Rear Setback 25' 2.5' a 22.5' variance If the Board of Adjustment does determine that this variance is in the public interest and should be granted as requested, staff recommends the following conditions: 1. Planning Commission consideration and City Council approval of a vacation of the utility casement in which this structure has been erected. 2. Any variances granted shall apply only to the accessory building and may not be conferred on any addition, alteration or new construction on this property. 3. Compliance with any requirements and payment of all necessary penalties and fees to secure the required building permit for the structure. K.�REPoRTwoomoA REPORTS11 1-03-031VAR03-29.00 BRISTOW.DOC November 3,2003 Board of Adjustment VAR 03-29.00(Bristow) Page 1.1 BACKGROUND: Property description: This property is located at 515 E. Red Bud Lane. It is zoned RMF-24 with the required setbacks of 25' in the front and rear and an 8' side setback. The existing home meets all of the setback requirements. Surrounding zoning and land use are the same as the subject property. Proposal: The applicant has constructed a 10' x 12' storage building set back 2.5 feet from the rear property line and requests a 22.5' variance for a rear setback of 2.5 feet to allow the storage building on the property, Information provided by an adjacent property owner indicates that the structure was erected recently. No building permit has been issued by the City for this structure. SURROUNDING LAND USE AND ZONING Land Use Zoning North Single family residences RMF-24, Residential Multi-family, 24 units per acre South Single family residences RMF-24, Residential Multi-family, 24 units per acre East Single family residences RMF-24, Residential Multi-family, 24 units per acre West Single family residences RMF-24, Residential Multi-family, 24 1 1 units per acre I GENERAL PLAN DESIGNATION 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: This lot is similar in size and configuration to surrounding lots.The property meets the zoning regulations for the RMF-24 zone at 6,000 square feet with 601 width and 100' length. The existing home on the property meets all of the setback requirements. K.WEPORTS0031BOA REPORTY11-03-031VAR03-29.00 BRISTOWDOC November 3,2003 Board of Adjustment VAR 03-29.00(Bristow) Page 1.2 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: Unable to make a finding. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The applicant caused the need for this variance request. The action of the applicant in erecting a structure without a permit does not constitute special conditions or circumstances. 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 requested variance will allow this applicant the ability to locate a structure within an area designated for utility purposes and the required setback from a rear lot line. , 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 used as a basis for staff findings or recommendations. § 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by, and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for November 3,2003. 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. K.-TUORTWOOMBOA REPORTSIII-03-031VAR03-29.00BRISTOW.DOC November 3,2003 Board of Adjustment VAR 03-29.00(Bristow) Page 1.3 Finding: The size of the property and location of the existing home does not allow for room for a storage building 10' by 121 to be located completely within the building envelope. While there is ample room outside of the utility casement for a structure of this size,it may still encroach required setbacks. (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: Locating any structure within a designated utility easement is specifically prohibited. Utility lines must be accessible to the City as well as the franchise companies that use those areas to serve this subdivision. A setback from the rear property line for residential structures within the City is a minimum of 259. (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: Unable to make finding. 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: If the Board of Adjustment does grant this request, staff has recommended conditions in order to limit the impact of this structure and any variance approved for it, 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: Without a vacation of the existing utility casement on which this structure is located,the Board of Adjustment is prohibited from granting the requested variance. K WEPORTS90031RO-4 PEPORTSIII-03-03�VAR03-29.00BRISTOW.DOC November 3,2003 Board of Adjustment VAR 03-29.00(Bristow) Page 1.4 §164.02 Accessory Structures And Uses Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160 through 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) Integralpart ofprincipal 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. (3) Where erected. No accessory building shall be erected in any required setback §166.12 Structures Not Allowed Over Public Easements No portion of any structure shall be built over any public utility easement. K.WEPORTSCO03180A REPORTS11 1-03-03WAR03-29.00 BRISTOWDOC November3,2003 Board of Adjustment VAR 03-29.00(Bristow) Page 1.5 §161.13 District Rmf-24,Residential Multi-Family— Twenty-Four Units Per Manufactured home 100 ft. Acre park Lot within a 50 ft. (A) Purpose. The RMF-24 Multi-family Manufactured home Residential District is designed to permit park and encourage the developing of a variety Single-family 60 ft. of dwelling types in suitable environments Two-family 60 ft. in a variety of densities. Three or more 90 ft. (13) Uses. Professional offices 100 ft. (1) Permitted uses. (2) Lot area minimum. Unit I City-wide uses by right Manufactured home 3 acres Unit 8 Single-family dwellings park Unit 9 Two-family dwellings Lot within a mobile 4,200 sq.ft. Unit 10 Three-family dwellings home park Unit 26 Multi-family dwellings Townhouses: oDevelopment 10,000 sq.ft. 01ndividual lot 2,500 sq.ft. (2) Conditional uses. Single-family 6,000 sq. ft. Two-family 7,000 sq.ft. Unit 2 City-wide uses by conditional Three or more 9,000 sq.ft. use permit Fraternity or Sorority 2 acres Unit 3 Public protection and utility Professional offices I acres facilities _JI Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 25 Professional offices Unit 24 Home occupations (3) Land area per dwelling unit. Unit 36 Wireless communications facilities Manufactured home 3,000 sq. ft. Apartments: (C) Density. oNo bedroom 1,700 sq.ft. *One bedroom 1,700 sq. ft. 4 to 24 *Two bedroom 2,000 sq,ft. Fraternity or Sorority 1,000 sq. ft. per (D) Bulk and area regulations. resident (1) Lot width minimum. K.WEPORTSU0031BOA REPORTS11 1-03-031VAR03-29.00 BRISTOWDOC November 3,2003 Board of Adjustment VAR 03-29.00(Bristow) Page 1.6 (E) Setback requirements . Z Front Side I Rc:i:�:::::::] 25 ft. 1 8 fl. 125 ft. 11 Cross reference(s)--Variance, Ch. 156. (F) Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area None. K,REPORM7003MA REPORTSUI-03-031VAR03-29.00 BRISTOWDOC November 3,2003 Board of Adjustment VAR 03-29.00(Bristow) Page 1.7 To: The Chair af the Board (A) The back of the property to the south is limited to 24 feet including easement. Some houses in this addition have more footage at the back of the house. (13) There are many storage buildings in this addition. Some are very clase to the property line. (C) I did not know of existing easement on the south side of the property. Myactions were taken without proper knowledge. The easement exists west of the house also. (D) There are several storage buildings in the same district. Since one is needed, I chose to add one on my property. When completed, it would match my house with the same windows and vinyl siding. fo, REkCEIVED November 3 2003 .791913Board of Adjustment P VAR 03-29.00(Bristow) Page 1.8 CaF SURVEYORS FiVETTEVILLE. ARKANSAS LLAT OF ..SURVEY LOCATION MAP: LEGE 7rq[): D 0 SET IROM ,k q6 FOUND lft�N Pin momum C Ne V STONE MARKER SET NAI� Zk FOUND M^IE_ ,C� SET R&1&ROAD $PIKE FE dL FOUND RAILROAD SPIKE EXISTI Me VENCE R W N E S 89*15'26"E 60' 'We, the undersigned 6orrower, 4 'here6-/ acknowledge receipt of lfi�s DR IV E surve-/ this_ 18 day aIf Sent uibgm:� 1990 4' SETBACK 13.4- 1 ONE STORY COV-0 We, the undersignecl 6orYower. ,NAME HOUSE -'PATIO� W1 BRICX FRONT ;.:.. .. - t here6y acknowledge receipt of &j 4 sur�,ay this day �f September ' 19 90 - + 34.2' 0 (7) C) LOT 19 L—115--- _U I ITL WITY N 890 15' 26"W 60' SURVEY DESCRIPTION: CERTIFICA-riON: r"Is is TO CERTOWY Lot Nineteen (19) Fiesta Park Addition, Phase 1, to the City of ",AVE TNIS DAY Co"PL THAT At ETED Fayetteville, Arkansas, as per plat of said Addition, on file SURVEY OF THE ASHOVE CE,cRIaEO WIFIDPERTY. ALL EASEMENTS in the office of the Circuit Clerk and Rx-Officio Recorder of AND/Ca ENCROACHMENTS BE- Washington County, Arkansas. V�LED BY THE JU"Ey ARE SHOWN ON SURVEY. :E have revietned bhe available Flood InsIirance Maps, the above S T E I described property is not in a Special Flood Hazard Area, as N SIATE: OF 'N\ identified by FEMA- AQI,�ANSAS 0_ COMMUNITY PANEL # 050216 0004B, dated January 20, 1982. S I signature J JAMES E "MES CRAMER /0_�__. NAME: BMP DEVELOPMENT, I NC. city: UNTY: FAYETTEVILLE W STATE%ARKANSAS DATE: FoardgibbIjustment SCALE� 1" 20' LARRY A. COGER'. N 0 5 10 20 30 40 E eet s c, 515 E REDBUD LN C6 November 3,2003 R Ard Rf A d-*--Qtmpnt AR 03-29.00(Bristow) Page 1.10 VAR03-29.00 BRISTOW One Mile View �3 3F R-0 R�Q- C-1 R R-0 C.1 5F !R� R-6 R-A A C A CRI o, F-24 L x0-I ZaI RD; 1-2 IC-2 -1111;k\R-A if C 2 �RsFcL7 W;j�m 7 RT-12 RSIF4 R� I RSF4 R,,11.1�8r`4,- A- I I J IRSF4 -2 [R-A i 1-74, AMI it, I -A R 7�7 .� [ I., C-2 Ir I -7- R-A R-0 X �2 R-A 41 aE Y: R�b "SIF4 I IT P-1 T�j 1 1 if I ft� SUBJECT -7 iL ,611d,F �fv WF� I IsAF:'xi —Y-RMI C-2 R5F4 L ,;r7 Six EADE RMF-24 R-0 I ,MEADE C-2 -A� I RMF-24 W r,,- MF-24 1 4. Ah 4 C-2 R7 —�J 0. 1 1 i nSF4 ---L -C2 R-0 'ii J C1 CASSA R�A DS IE; R.1 24;�� ISI io F 4 C� RWI RSI I: A�, RSF4 C 2 -2 MI 10 C-2 ii-2 V 11sFIr I; C-2 RSF4 OSI II C�2 0 RSF4 I 4 -L I L-I I RS F-24 R-0 Irr itol� i—RLI Overview Legend Boundary Master Street Plan Subject Property VAR03-29.00 1-1_, Planning Area FM.YI&W.S.y 4"ssI,Principal Medal Streets Overlay District 4`c�MinOrArtenal Existing City Limits �%.Collector Planned! Outside City Iseo, Histone Collector November 3,2003 Board of Adjustment 0 0.1 0.2 0.4 0.6 0. VAR 03-29.00(Bristow) hies Page 1.11 VAR03-29.00 BRISTOW Close Up View U-2 R1�0 Rt�O :a R- R',O 0 0-0 APPI.EBY RD APR -7-7kmL TtB7kr-- R-A M R-A MAN, - ----- T SUBJECTPROPERTY REDSUD LN RD 4 :R 5, ANQSAWN Y MAI RA,1 —SVE-9GRI N Elf �VE'55REEPJ L. EVERGREEINI Eli 'A5 C 2 1* Overview Legend Boundary Subject Property Planning Area Master Street Plan a VAR03-29.00 Overlay District FreewaylExpressway Streets E D City Limits Principal Arterial t 1— Existing Outside City Minor Arterial L 0% Collector November 3,2003 -�/m\Planned ***0* Historic Collector Board of Adjustment 0 75 150 300 450 600 VAR 03-29.00(Bristow) Fee( Page 1.12 FAYETTEVILLE BOA Meeting of November 3, 2003 TIM CITY OF FAYETTEVILLE,ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Suzanne Morgan,Associate Planner DATE: October 28,2003 VAR 03-30.00: Variance(Nichols pp 557)was submitted by Dodi Nichols for property located at 2806 Old Farmington Rd. The property is zoned RSF-4, Residential Single-family, 4 units per acre. The requirement is for a 30' front setback. The request is for a 25' front setback. A variance of 5'. Planner: Suzanne Morgan RECOMMENDATION: Staff recommends approval of a setback no less than 301 from the cast property line with the following conditions: 1. Submit a new site plan for the current building permit showing proposed relocation of structure(s). 2. Adjust permit to show a 30' front setback/access casement. Ordinance Requirement Applicants Request Front Setback 30' 25' setback (east property line) (dimension of the private (5' variance) access easement from property line) BACKGROUND: Property description: The subject property is 0.39 acres zoned RSF-41 Residential Single- family, 4 units per acre. The north portion of the property poses difficulty to develop due to the K'REPORYWO03DOA REPORTSAII-03-031VAR03-30.00 MCHOL&DOC November 3,2003 Board of Adjustment VAR 03-30.00(Nichols) Page 2.1 topography. As a result,the owner wishes to build further south on the lot. However,the shape of this property is peculiar due to the eastern boundary following the centerline of curved dirt access road and narrows from 203.62' at the north to 64.25' at the southern property line. Mr. Culver,the owner to the north of the applicant's property,has informed Staff that the dirt road that borders die east property line is located within a 60' private access easement which forks north from a 60' public access easement south of the property. Under these circumstances, 30' of said easement is located along the east property line of the subject property. The City's UDC does not require that structures are setback from an easement. Request: To provide for a large enough building envelope to allow for a single family residence to be built on the subject property,the applicant proposes a 25' setback from the east property line. Proposal: The applicant requests a front set back of 25', a variance of 25'. Staff believes this request was made with the assumption that if the City ofFayetteville were to purchase or to have land dedicatedfor a local street at 50'(25'ftom centerline), the building setbackfrom the right- of-way would be an additional 25'for a total of 50'firom centerline. 4t the requested building setback of25 , structures would be within the 30'access easement. SURROUNDING LAND USE AND ZONING Land Use Zoning North Single-family residential R-A, Residential Agriculture South Sir le-family residential R-A,Residential Agriculture East Single-family residential RSF-4, Residential Single-family, 4 units per acre West Single-family residential RSF-4,Residential Single-family,4 units per acre GENERAL PLAN DESIGNATION 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. KJREPORTS00031BOA REPORTSIII-03-031VAR03-30.00MCHOLS.DOC November'3,2003 Board of Adjustment VAR 03-30.00(Nichols) Page 2.2 Finding: This lot is oddly shaped unlike any other lot in the area. Its size is also smaller than surrounding lots. The existing topography constrains construction to the north, and the eastern property line is the centerline of 60' private access easement. A setback greater than 30' would limit building to the north of the lot,which has been found unsuitable for construction due to the topography. 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: Right of way has not yet been accepted by the City. There is,however,a 301 private access easement. City Ordinance does not require a setback from an easement nor does it allow for structures to be built within the said easement. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The applicant did not cause the need for this variance request. The lot configuration is one cause of this request. Also,the applicant was incorrectly informed by the title company, attorney, and neighbors that the easement on the cast side of the property was 15' to 20' when in fact it was 30'. 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 requested variance will not confer any special privileges denied to other structures due to the unusual lot configuration. 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 used as a basis for staff findings or recommendations. § 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. KAREPORM003180,4 REPORYMII-03-031VAR03-30.00 ATCHOLSDOC November 3,2003 Board of Adjustment VAR 03-30.00(Nichols) Page 2.3 Finding: A public hearing is scheduled for November 3,2003. 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. Finding: A 301 setback from the property line is the maximum variance allowable,for it is not permissible to build within an easement. The requested variance is requested in order to provide suitable buildable area on the subject property. (1.) Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting the requested variance for a 25' setback will not be in harmony with the purpose and intent of the Zoning Ordinance. However,the 301 setback recommended by Staff would allow this lot to be able to be developed and used for a single family residence. (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 by the applicant to justify granting of the 25'variance are satisfied with a 301 setback. 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: If the Board of Adjustment does grant this request for a 251 setback, a minimum of 51 of the existing access easement will need to be vacated. 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 is not permissible under Zoning in the district involved if it allows for structures to be built within an easement. KAREPORTWOMBOA REPORTSIII-03-031VAR03-30.00 ATCHOLS.DOC November 3,2003 Board of Adjustment VAR 03-30.00(Nichols) Page 2.4 §166.12 Structures Not Allowed Over Public Easements No portion of any structure shall be built over any public utility easement. K-WPORTWO031BOA REPORTSIII-03-031VAR03-30.00ATCHOLS.DOC November 3,2003 Board of Adjustment VAR 03-30.00(Nichols) Page 2.5 ESTES & GRAMLING, PLC c4tto meys at 2aw P.O.DRAWER 37 10 19 EAST DICKSON STREET FAYETTEVILLE, ARKANSAS 72702-3710 PETER G.ESTES,SR. (1916-1990) PETER G.ESTES,JR. TELEPHONE: (479) 521�4444 J.DOUGLAS ORAMLING FAX (479) 521,6730 PETER G.ESTES III E-MAIL: AMY C.ESTES- OPFICET�kNAGER, -AIX0 ADMI�D�WASHIN�N SANDIK.DURHAM October 3, 2003 Chairman of The Board of Adjustments Fayetteville Planning Commission 113 W. Mountain St. Fayetteville, Arkansas 72701 Re: Variance of Dodia Nichols Dear Chairman: I represent Dodia Nichols in her efforts to obtain a valiance in connection with the application filed on her behalf The following, are present under the application: (1) Special conditions and circumstances exist which are peculiar to the lands, structure and building involved and which are not applicable to other land structures or buildings in the same district by reason of the shape of the described property and the topography limiting the location for building purposes. (2) A literal interpretation of the provisions of this ordinance deprives the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance, by requiring a set back measured from an easement that the city has not accepted nor will the width of the easement be used when and if dedicated to the City. (3) The special conditions and circumstances do not result from the actions of the applicant. (4) The granting of the variance would not confer upon the applicant any, special privileges that are denied by this ordinance to other lands, structures and buildings in the same distance. In fact, a denial of a 25 foot variance would prevent the ability to use the property in light of the full 60 foot easement and right of way grant. November 3,2003 Board of Adjustment VAR 03-30.00(Nichols) Page 2.6 If other information is need,Please do not hesitate to contact me. Stinel F Pet G. st PGE/Ih November 3,2003 Board of Adjustment VAR 03-30.00(Nichols) Page 2.7 DesqdLbon of RNuest Applicant requests relief from the 25 foot set back in order to build on the property. The topography is such that it does not permit a wide latitude for locations of structures. In addition, the applicant was informed incorrectly by the title company, attorney and neighbors that the road and easement on the East side of said property was a 15 to 20 foot easement. As it turns out, a right of way and easement given to the City of Fayetteville by J.13. Hays, provided for a 60 foot easement. In discussing this matter with the City Attorney and the planning administrator, they indicated that only a 50 foot right of way would be accepted or dedicated to the City since that was the requirements for streets in towns. Without the variance, applicant is unable to use the property since the set back would effectively be 55 feet from the centerline of the County Road. With the variance, the applicant can build her house on the property since it will have a set back of 25 feet from the centerline of the County Road. November 3,2003 Board of Adjustment VAR 03-30.00(Nichols) Page 2.8 f6- PIAV copy 0 \J Sciu F tFnFHn 0 FOUVID InOM PL4 0 minampm —X—X— FE14CE POO POIIIT OF Nw WR. BEGINNINCI NW114-HEI/4 Sr:r 19 MOMUMENT rz' pC)a ebo 1 0. 313L AC RE S -f Iq WATeR ME ev go 7 4 CRAV Rive P. November 3,2003 Board of Adjustment VAR 03-30.00(Nichols) Page 2.9 VAR03-30.00 Close Up View NICHOLS C-2 K-A R-A R-A SUBJECT PROPERTY RSF-4 R,9F-4,* IN .oj�- R-A R-A �MF-24� RSF-4 —— — ———— ———— RSF-4 Overview Legend Boundary Subject Property Planning Area Master Street Plan ffo VAR03-30.00 g...�O�aflay Olatrict FreewaylExpressway 0102.02.0 4RNi,0 Principal Arterial Streets L I City Limits Outside City Minor Arterial Existing Collector November 3,2003 Planned Board of Adjustment Historic Collector VAR 03-30.00(Nichols) 0 75 150 300 450 600 — — Feet Page 2.10 VAR03-30.00 NICHOLS One Mile View RSF4 RT-1 T- FmJt LF-24 L D R A E.VARGALUJ� RSF4 RSF� 72-Ji RA 17 R-A P" IRS jR FZ Alrep,� RA C-2 Qi W4, 6,q�UC, AIRMF-24 i%, I --24 MF-18 WF 2 PROPERTY P-1 SUBJEC IL7-t� - 11 F-24 24 ip MF ------- A, c R-A ---------- C-2 1i RSF4 �2 �1 R-A RsF4 RSF-4,0 wz�-L�s�� SF4 d 04 RSF4 RA -c� �RSF RSF4 RMF-24 §W,12 C-2 NZ jJN 41 "T _� � Iii tSF-U*, i'I C- -J�J�R�d 1- * G-2 C-2 R� R-A RWAI� RA _2 t.--] 2 SF4 62,: C-2 i I. I i i �2 UVA� C-2 CPW RMF-24 —RT-12- IRA C-2 R-X�� RMF-241 RA R-A -f 0-2 F� RSF4 62 RSF4 A I - I J I R F-24 -2- RSF4 IT -.is ---- I,,FA ..... ----- RSF4 W� J ............ .17 4- RA A-A 7- TI F-24 Overview Legend Boundary Master Street Plan Subject Property MM VAR03-30.00 Planning Area 00111,*Pdncip.1 Art�al Oveday District Streets Minor Afteral 0� Exi.Ung collector City Limits L '�Planned Outside City 111M.kC.11.dor November-3,2003 Board of Adjustment VAR 03-30.00(Nichols) 0 0.1 0.2 0.4 0.6 0.8 Page 2.11 Miles