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Home My WebLink About2003-05-05 - Agendas NORTHWEST ARKANSAS EDITION A*.-awas Demomt Iffoaxette AFFIDAVIT OF PUBLICATION - �� r A do solemnly swear that I am Cler t Lega Clerk of the Arkansas Democrat-Gazette newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and. reference to the liles of said publication, the advertisement of: d&LAL16was inserted in the regular editions on Publication Charge: $ Subscribed and sworn to before me this day of 2003. 0 Notary Public My Commission Expires: ease do m Affida 04. TA P n inv IMP 015 WASHINGTON Cou My Commission ExPirss 11-05-2011 e[iih Y109040NO ji qp- 'A'yv�15 Q3� IA bw 10�A'**CW to" &W `4 QA 'vada-,' _W ,pe hs'iiifte' qp�qTqn0dqiP Anleftn" Wql- temeft-910,` -�,-YVAR 'Th 1pmp knnedH 1 F8,1 :rM- U'rm�' i*N 212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 (501) 442-1700 NORTHWEST ARKANSAS EDITION Momas Demomt Iffoaziette AFFIDAVIT OF PUBLICATION z� Z2 do solemnly swear that I am Lega I Clerk of theArkansas Democrat-Gazette newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge I and. reference to the files of said publication, the advertisement of: ��M/ A �24/WzA��was inserted in the regular editions on Publication Charge: $ .......... RECEIVED Subscribed and sworn to be�qe me thjs APR 3 0 2003 / 1/') PLANNING DIV. - day of 2003. :N U ?%%Elq� "'yg� rr O'� H R_ HE E"n"T;-VA 11., ING!BWO 1, Z IN T.HV WXDF,'�,A T4'RcWyX7r4't'4V_IIA_ Notary Pu* �A%U :10q &M qr ST "'IM13IMP "0" gv My '1 19113 31 TAMMY ALLEN N .otary publir-Arkansas Powler"go qdMqq1,0�2=N-T,�i, ease A$qgkfl Vit io qn�_ Ires C'" Itted ,plinger, 51',*Wsy M A Litivomm,02M Wdw T90 wertp�" 4 r,pp9fty_pqZ C 2,,� perly- C_2,,,�' (a 2QK �nq. niaqw�,"ffie'mum _h, or.2 �,1,07a �V' ,01,00��Yqt," r1ty, K07POP w�?�P'propert'y Is Z in "If dommqp0ae,an�"n ,b,e' #,,Joe,Gar"§ MoQp�p �pwfoqp, w IrPM, t Is , U ce, n� e Is F "P, J� 9r, Z.............. e 212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 (501) 442-1700 5/5/03 BOA 4/24/03 10:3 Page 1 5/5/03 BOA 2X4.5 NOMCE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PROVISIONS OF THE CODE OF ORDINAl,ICES OF THE CITY OF FAYErTEIALLE,THE F0%LOWING,PETqjON&,kL,WE�-,0FE _ ,,� �N SET FOR A HEARING BEFORE T E'IEOABW',�Op��'AftjSt 7 , ,, - " —, MERVIN THE CITY ADMINISTRATION BUILDING,113 WEST JON_TP FIALUE )A, JN STREET ROOM 326,FAYE�n-VUUE, ARKA] 3:45 P.M. The following items wit be considered Approval of minutes from the meaning of April 7,2003&Much 3,2003. New Business 1.VAR 03-10.00:Variance(Do,Ginger.PIP251)was submitted by Don Ginger for pmp,,y located at 23 &35 Cydnee Street,Oots SA and 8B in the North He ghts Addition). The property is zoned R-2,Medium Density Residential and contains approximately 0.25 acres, The requirement is for a 25'rear setback. The request is for a 20'setback(a 5'varance)for construction of towrilhomes,on the subject property. 2.VAR 03-11.00:Mariance(Don Ginger,pp251)was submitted by Dan Ginger for property located at 22 &28 Cydree Street,(lots 12A and 12B in the No"Heights Addition). 'fhe Property is zoned R-2, Medum Density Residential and contains approximately 0.25 acres. The requirement is for a 25'rear setback.The request is for a 20'setback(a 5'Variance)for conshnotion of townhomes on the subject property 3.VAR 03-12.00. Variance(Knight Times,PP252)was submitted by Tom Hayes for propery located at 3014 N. College Avenue. The property is zoned C-2, �fhoroughlare Commercial and contains approximately 0.19 acres. The requirement is for a 50'front setback. The request If for a 42'setback (a 23'vanance)for proposed facade enhancements. �e mquIrement is for&20'reer setback. The request is for a O'seback(a 20'vanance)forthe existing structure. 4.VAR 03-13.00: Variance(Martin,pp446)was submitted by Holly Marrin for property located of 8G8 N.Park Avenue. The property is zoned R-1,Low Density Residential and contains approximately 0.42 acres. The requirement is for a 25'front setback. The request is for 22.5'sellaack(a 2.5'Variance)to accommodate an existing structure and proposed ganage addition. 5.VAR 03-14.00: Variance(Scrapbook Mania)was submitted by Mandy Bunch of E.B.Landorks on behalf of Joe Garrison for Property located at Lot 3,Hammond Plazza Subdivision,McKee Circle. The property is zoned C-2. Thoroughfare Commercial and centers approximately 0.42 acres. The requirement is for a 15'parking lot setback. The request is for a 13'setback(a 2'varance)to allow for the'bulb"of the cul-do-sai 6.VAR 03-15.00; Variance(Thompson, pp 404)was submitted by Jon Brittenum on behalf of Brock �hompson of Thompson Fayetteville Properties,U-C far property located M 1104 W.Hendrix Street. The property is zoned R-1.5,Moderate Density Residential and contains approximately 0.53 acres. The requirement is for a 25'front setback.The request is for a 20'front setback(a 5'Variance)forthe existing shceure to allow an addition which will incorporate the Curteot structure into a Index, At interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinem data is open and mailable for Inspection in the Office of City Planning (575-8267),127 West Mountain Silreet,Fayetteville,Arkarries. All Interested parties we Invited to mism the petitions. Interpreters or D for h7ng Impaired are mailable for all public meetings. 72 hour notice is required. For furfher�cfZtion 0 to request an interpretel.plane call Hugh Earnest at 575-8330. 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, May 5, 2003, AT 3:45 P.M. The following items will be considered: Approval of minutes from the meeting of April 7,2003 & March 3,2003. New Business: 1. VAR 03-10.00: Variance (Don Ginger, pp251)was submitted by Don Ginger for property located at 23 & 35 Cydnce Street, (lots 8A and 8B in the North Heights Addition). The property is zoned R-2, Medium Density Residential and contains approximately 0.25 acres. The requirement is for a 25' rear setback. The request is for a 20' setback(a 5' variance) for construction of townhomes on the subject property. 2. VAR 03-11.00: Variance(Don Ginger,pp251) was submitted by Don Ginger for property located at 22 &28 Cydnec Street, (lots 12A and 12B in the North Heights Addition). The property is zoned R-2, Medium Density Residential and contains approximately 0.25 acres. The requirement is for a 25' rear setback. The request is for a 20' setback(a 5' variance) for construction of townhomes on the subject property. 3. VAR 03-12.00: Variance(Knight Times, pp252)was submitted by Tom Hayes for property located at 3014 N. College Avenue. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.19 acres. The requirement is for a 50' front setback. The request if for a 42' setback(a 23' variance) for proposed fa�ade enhancements. The requirement is for a 20' rear setback. The request is for a 0' setback (a 20' variance) for the existing structure. 4. VAR 03-13.00: Variance(Martin, pp445) was submitted by Holly Martin for property located at 808 N. Park Avenue. The property is zoned R-1,Low Density Residential and contains approximately 0.42 acres. The requirement is for a 25' front setback. The request is for 22.5' setback(a 2.5' variance)to accommodate an existing structure and proposed garage addition. 5. VAR 03-14.00: Variance(Scrapbook Mania)was submitted by Mandy Bunch of E.B. Landworks on behalf of Joe Garrison for property located at Lot 3, Hammond Plaza Subdivision, McKee Circle. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.42 acres. The requirement is for a 15' parking lot setback. The request is for a 13' setback(a 2' variance)to allow for the "bulb" of the cul-de-sac. 6. VAR 03-15.00: Variance (Thompson,pp 404)was submitted by Jon Brittenum on behalf of Brock Tbompson of Thompson Fayetteville Properties, LLC for property located at 1104 W. Hendrix Street. The property is zoned R-1.5, Moderate Density Residential and contains approximately 0.53 acres. The requirement is for a 25' front setback. The request is for a 20' front setback(a 5' variance) for the existing structure to allow an addition which will incorporate the current structure into a triplex. 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), 127 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. CITY OF FAYETTEVILLE AGENDA NOTICE BOARD OF ADJUSTMENT Monday, May 5, 2003 - 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 April 7,2003. New Business: 1. VAR 03-10.00: Variance (Don Ginger,pp251) was submitted by Don Ginger for property located at 23 & 35 Cydnee Street, (lots 8A and 8B in the North Heights Addition). The property is zoned R-2, Medium Density Residential and contains approximately 0.25 acres. The requirement is for a 25' rear setback. The request is for a 20' setback(a 5' variance) for construction of townhomes on the subject property. 2. VAR 03-11.00: Variance (Don Ginger,pp251)was submitted by Don Ginger for property located at 22 &28 Cydnee Street, (lots 12A and 12B in the North Heights Addition). The property is zoned R-2, Medium Density Residential and contains approximately 0.25 acres. The requirement is for a 25' rear setback. The request is for a 20' setback(a 5' variance) for construction of townhomes on the subject property. 3. VAR 03-12.00: Variance (Knight Times, pp252)was submitted by Tom Hayes for property located at 3014 N. College Avenue. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.19 acres. The requirement is for a 50' front setback. The request if for a 42' setback(a 23' variance) for proposed fayade enhancements. The requirement is for a 20' rear setback. The request is for a 0' setback (a 20' variance) for the existing structure. 4. VAR 03-13.00: Variance (Martin,pp445) was submitted by Holly Martin for property located at 808 N. Park Avenue. The property is zoned R-1, Low Density Residential and contains approximately 0.42 acres. The requirement is for a 25' front setback. The request is for 22.5' setback (a 2.5' variance)to accommodate an existing structure and proposed garage addition. 5. VAR 0344.00: Variance (Scrapbook Mania)was submitted by Mandy Bunch of E.B. Landworks on behalf of Joe Garrison for property located at Lot 3, Hammond Plaza Subdivision, McKee Circle. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.42 acres. The requirement is for a 15' parking lot setback. The request is for a 13' setback (a 2' variance)to allow for the"bulb"of the cul-de-sac. 6. VAR 03-15.00: Variance (Thompson, pp 404)was submitted by Jon Brifterturn on behalf of Brock Tbompson of Thompson Fayetteville Properties, LLC for property located at 1104 W. Hendrix Street. The property is zoned R-1.5, Moderate Density Residential and contains approximately 0.53 acres. The requirement is for a 25' front setback. The request is for a 20' front setback (a 5' variance) for the existing structure to allow an addition which will incorporate the current structure into a triplex. 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), 127 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Hugh Earnest at 575-8330. Please run this display ad Sunday, May 2, 2003** PO#00-000-2923-001 **Proof Requested**Contact Jagot with questions or comments at 575-8263 Thanks! FAYETTEVILLE THE CITY OF FAYETTEVILLE,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, May 5, 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 meetings of March 3,203 and April 7,2003. New Business: 1. VAR 03-10.00: Variance(Don Ginger, pp251) was submitted by Don Ginger for property located at 23 & 35 Cydnee Street, (lots 8A and 8B in the North Heights Addition). The property is zoned R-2, Medium Density Residential and contains approximately 0.25 acres. The requirement is for a 25' rear setback. The request is for a 20' setback(a 5' variance) for construction of townhomes on the subject property. 2. VAR 03-11.00: Variance (Don Ginger,pp251)was submitted by Don Ginger for property located at 22 &28 Cydnee Street, (lots 12A and 12B in the North - Heights Addition). The property is zoned R-2,Medium Density Residential and contains approximately 0.25 acres. The requirement is for a 25' rear setback. The request is for a 20' setback(a 5' variance) for construction of townhomes on the subject property. 3. VAR 03-12.00: Variance(Knight Times,pp252) was submitted by Tom Hayes for property located at 3014 N. College Avenue. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.19 acreg. The requirement is for a 65' front setback. The request is for a 42' setback(a 23' variance) for proposed fagade enhancements. The requirement is for a 20' rear setback. The request is for a 0' setback(a 20' variance) for the existing structure. 4.� VAR 03-13.00: Variance(Martin,pp445) was submitted by Holly Martin for property located at 808 N. Park Avenue. The property is zoned R-1, Low Density Residential and contains approximately 0.42 acres. The requirement is for a 25' front setback. The request is for 22' setback(a 3' variance)to accommodate an existing structure and proposed garage addition. 5. VAR 03-15.00: Variance (Thompson, pp 404)was submitted by Jon Brittenurn on behalf of Brock Thompson of Thompson Fayetteville Properties, LLC for property located at 1140 W. Hendrix Street. The property is zoned R-1.5, Moderate Density Residential and contains approximately 0.53 acres. The requirement is for a 25' front setback. The request is for a 20' front setback(a 5' variance) for the existing structure to allow an addition which will incorporate the current structure into a triplex. 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(575-8267), 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 THE CITY OF FAYETTEVILLE,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, May 5, 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 meetings of March 3,203 and April 7,2003. New Business: 1. VAR 03-10.00: Variance (Don Ginger, pp251)was submitted by Don Ginger for property located at 23 & 35 Cydnee Street, (lots 8A and 8B in the North Heights Addition). The property is zoned R-2, Medium Density Residential and contains approximately 0.25 acres. The requirement is for a 25' rear setback. The request is for a 20' setback(a 5' variance) for construction of townhomes on the subject property. 2. VAR 03-11.00: Variance(Don Ginger,pp251) was submitted by Don Ginger for property located at 22 &28 Cydnee Street, (lots 12A and 12B in the North Heights Addition). The property is zoned R-2, Medium Density Residential and contains approximately 0.25 acres. The requirement is for a 25' rear setback. The request is for a 20' setback(a 5' variance) for construction of townhomes on the subject property. 3. VAR 03-12.00: Variance (Knight Times,pp252) was submitted by Tom Hayes for property located at 3014 N. College Avenue. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.19 acres. The requirement is for a 65' front setback. The request is for a 42' setback(a 23' variance)for proposed fa�ade enhancements. The requirement is for a 20' rear setback. The request is for a 0' setback(a 20' variance) for the existing structure. 4. VAR 03-13.00: Variance (Martin, pp445)was submitted by Holly Martin for property located at 808 N. Park Avenue. The property is zoned R-1, Low Density Residential and contains approximately 0.42 acres. The requirement is for a 25' front setback. The request is for 22' setback(a 3' variance)to accommodate an existing structure and proposed garage addition. 5. VAR 03-15.00: Variance (Thompson,pp 404)was submitted by Jon Brittenum on behalf of Brock Thompson of Thompson Fayetteville Properties, LLC for property located at 1140 W. Hendrix Street. The property is zoned R-1.5, Moderate Density Residential and contains approximately 0.53 acres. The requirement is for a 25' front setback. The request is for a 20' front setback (a 5' variance) for the existing structure to allow an addition which will incorporate the current structure into a triplex. 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 ftuther information or to request an interpreter,please call 575-8330. ORDER OF BOARD OF ADJUSTMENT MEETING A. Introduction of agenda item—Chairman B. Presentation of Staff Report C. Presentation of request—Applicant D. Public Comment E. Response by Applicant/Questions&Answer with Board F. Action of the Board of Adjustment(Discussion&Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Board of Adjustment on an agenda item raise your hand when the Chairman asks for public comment. He will do this after he has given Board members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Board of Adjustment. 2003 Board of Adjustment Members Sherrie Alt Michael Andrews Michael Green (Chairman) Robert Kohler James Kunzelmann Bob Nickle Joanne Olzewski FAYETTEVILLE BOA Meeting of May 5, 2003 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,AICP, Zoning & Development Administrator DATE: May 5, 2003 VAR 03-10.00: Variance (Don Ginger, pp251) was submitted by Don Ginger for property located at 23 & 35 Cydnee Street, (lots 8A and 8B in the North Heights Addition). The property is zoned R-2, Medium Density Residential and contains approximately 0.25 acres. The requirement is for a 25' rear setback. The request is for a 20' setback(a 5' variance) for construction of town homes on the subject property. RECOMMENDATION: Staff recommends denial of the requested 51 rear setback variance as shown on the attached site plan Comments: BACKGROUND: Property description: The subject property is located in the North Heights development on the west side of the north/south segment of Appleby Road. The subdivision was developed with 42 divided lots (1-21A&B)to accommodate town homes. There are only a few lots remaining undeveloped at this time. The subject property is currently vacant. Proposal: The applicant proposes to develop two town homes with a common wall on the subject property. Request.- The request is for a 5' setback variance from rear 25' setback requirement. Tile applicant states that this is necessary in order to build a minimum 1500 s.f. town home on each lot and to "conform to the characteristics and aesthetics or the existing neighborhood." Ordinance Requirement Applicant's Request Rear setback (R 25' 20' (a 5' variance) K.-V?eporLT12003t60A REPORTYU-5-031var03-10goiger(lots 8A&B).doc May 5,2003 Board of Adjustment VAR 03-10:Ginger Page 1.1 SURROUNDING LAND USE AND ZONING Land Use Zoning North Townhornes R-2, Medium densiby residential South Multi-family residential R-2, Medium density residential East Townbomes R-2, Medium density residential West Townhomes R-2, Medium 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: 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 is flat and there are no unique features that cause the site to be difficult to develop. 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 current zoning regulations does not preclude the development of the subject property. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Unable to make finding, the need for the variance is based on the applicants chosen floor plan and building design. 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. K.tReporist2003lBOA.REPORTS15-5-03�varO3-10_giqg�(7ots 8.4&B).doc May 5,2003 Board of Adjustment VAR 03-10: Ginger Page 1.2 Finding: Granting the variance will not confer special privileges. The property is zoned for residential uses. 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. § 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, May 5,2003. 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: The variance requested is the minimum needed for the applicant to build the structure that is proposed. The property is buildable without variances as demonstrated in the development of nearby and adjacent lots with similar lot sizes and constraints. (1.) Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in han-nony 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 requested variance does not meet the intent of zoning regulations which provide for variances only when special conditions or hardships exist on a particular property. Should this variance be granted it would skew the uniform setback for the neighborhood, however it 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 K.-�Report�MMOA REPORTSU-5-03�varO3-10_gng�flots 8A&B).doc May 5,2003 Board of Adjustment VAR 03-10:Ginger Page 1.3 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: N/A 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 W K.-WeporisL20031BOA REPORTS15-5-UvarO3-10_gj7ger(lots 8A&B).doc May5,2003 Board of Adjustment VAR03-10: Ginger Page 1.4 April 9, 2003 The Board of Adjustments City of Fayetteville Fayetteville, Arkansas Subject: Lots 8A & 8B North Heights Addition (23 & 35 Cydnee) To the Chair of the Board of Adjustments, I am asking that the City grant a five foot zoning variance for the lot located at 8A & 8B in the North Heights Addition in Fayetteville, Arkansas. Due to the size and configuration of the subject lot, it is very difficult to construct a structure and meet the strict guidelines of the POA. These guidelines include a 1500 sq. ft. minimum per side and plan approval by their Architectural Committee. A variance would greatly improve the buildability while allowing the finished project to conform to the characteristics and aesthetics of the existing neighborhood. You will find that the North Heights POA is a very active committee and they are very concerned with the quality of life and overall aesthetics in their own small community. I respectfully ask that you put a lot of weight on their decision to approve my plans as submitted and to take into consideration that this lot backs up to a dead-end street and is one of the last 3 undeveloped lots in the subdivision. Sincerely, Don Ginger May 5,2003 Board of Adjustment VAR 03-10: Ginger Page i.5 ------------- MO Iz 3 IM CD 03 0 C> cc f C3 �z§ g N 0 L,J �5-BUIDNG ETB�K ------ -- - ------ - ------ - -—-—-—-—-—-—----—-—-—-—-—-—-—-—-—-—-—L-—-—-—-—-—-—-—-— -— z S.-O. May 5,200 3 Board of Adjustment VAR 03-10:Ginger Page 1.6 28 April 2003 Architectural Control Committee,NHPOA 116 Cydnee St Fayetteville,AR 72703 The Board ofAdjustments City of Fayetteville Fayetteville,AR 72701 Dear Sirs: This letter is being written to discuss the construction of units on Lots 8A and 8B of the North Heights Addition. The discussion is summarized as follows. These lots, 8A and 8B are among the last to be constructed in this sub-divigiorL The builder,Aft Don Ginger, submitted bhte�prints of the buildings to the Architectural Control Committee for approval as required by the Restrictive Covenants governing ffis sub-division. On 3 April 2003,these plans were approved by the committee and Mr Ginger was so notified. At a later date, Mr Ginger determined that in order to place the structures on the lots, an Off-set variance not to exceed five feet would be required. At his request,the elected officers of the NBPOA and members of the Architectural control Committee met with Mr Ginger on 14 April, 2003 to discuss this situation. mr Ginger indicated that if he had to make units smaller,he would then be less than the one thousand five hundred square footage required by the Restrictive Covenants. The officers and members of the committee object to this solution and instructed Mr Ginger to request a variance from the Board of Adjustments. The residents ofNHP0A are primarily retired persons. They are proud of the community in which they live and they want to adhere to the Restrictive Covenants,without exception. Residents are continually being questioned about availability ofvacant units as a buyers market exists for units in this area. Realtors call residents seeking advice on p ible vacancies as they have buyers wanting to purchase homes in this housing ossi development. The elected officers and members on the Architectural Control Committee of NHP0A at a special meeting on 14 Apa 2003 agreed that we support Mr Gingers letter to the Board of Adjustment requesting a variance of rear setback lines for Lots 8A and 8B and respectively request that the Board of Adjustments look with favor on this request. Sincerely, �;Yw _a�� Carl R Kittrell, Chairman, Architectural Control Committee,NHPOA May 5,2003 Board of Adjustment VAR 03-10: Ginger Page 1.7 May5,2003 Board of Adjustment VAR 03-10: Ginger Page 1.8 OR&�MOVE FIN, IW un, j,� v spy, A flynq" -z Em's WJ �,A oil M-OS IMP. 44,pw - As K, Zt I. ..... nw- no MIL AWAY Alt 4 '40 NO ...... . 0 71 IAWA zz L— No M ,WE 7 — " , LIZ 14, r An N, 10", half" v GAV L ,.v N -M M v I,- IMM illy 1 &A A P- k"ci�- Tow 0 VAR03-10.00 Close Up View DON GINGER �PL%a V, nT —0, p i- ag Z-- "g. �e �P, 5 dw r- 071 F, LED 7 ............... ------- DIN- '30-El"i,"H ""g, ok" -6- W-s SUBJECT PROPERTY -mg . .... .. "S ®R P F71 qg� CN, . .... ....... rio 4�i OF Oil ED, Eq PDR MET 91 Uk R,2 ,We AM EON- ��I: 077,.-v F" FF-T—', 71 ME EIR Overview Legend Boundary Subject Property Planning Area Master Street Plan VAR03-11 L D.00 Freeway/Expressway OvedaY District * N-,*Principal Artenal St reets City Limits 4%,#Minor Arterial E)dsfing Outside City t 40 Collector May 5,2063 Planned .0%. Historic Collector Board of Adjustment 0 75 150 300 450 600 Feet VAR 03-10: Ginger Page 1.10 VAR03-1 0.00 DON GINGER One Mile View 2 C-2 C-2 A, d2 Pi2 - --------- ------- --948 -2 R-C& R,O R-O N. P ; 0 C-2 !C-1 0 0-2 A CH -iiiik, 0 0 0",0, -2 .00 bXi 90,.. 00 -0"R 0 D tr- R0 E "164 C-2-2 C-2 R-O A-J �-2 -1 _� R R-( 4PiQE%tD LlSB_y RD SUBJECT PROPERTY bi,.0 RO RZ 2 000 .,R-O R-O J . ...... ... . -Fi2 04� -IT' Ll ;A-11 -0 Kp ;r R-2 '&R-2 DR M., 1SE&,! f -2 i. R. ........ z -R2 ---------- .7- Ra ............. R-0 CELY'N L CL2- J i4 4 R 1 7 . ......... C-2 71i I . U 4 .......j- R-1 J- -- f A -R1 tL, C-� ARRE�DR .2 PRI Overview Legend Subject Property Boundary Master Street Plan EM VAR03-1 0.00 "%_, Planning Area 6-�-F—.,1Eg,--.y CP.... Pli�pal Ararfal Streets 00 Overlay District 5 F L City Limits 'a Outside City 0. May 5,2003 0 0.1 0.2 0.4 0.6 0.8 Board of Adjustment iiiiiiiiiiiiin Miles VAR 03-10:Ginger 1.f 1 FAYETTEVILLE BOA Meeting of May 5, 2003 TEE 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, AICP, Zoning & Development Administrator DATE: May 5, 2003 VAR 03-11.00: Variance (Don Ginger, pp251)was submitted by Don Ginger for property located at 22 &28 Cydnee Street, (lots 12A and 12B in the North Heights Addition). The property is zoned R-2, Medium Density Residential and contains approximately 0.25 acres. The requirement is for a 25' rear setback. The request is for a 20' setback(a 5' variance) for construction of town homes on the subject property. RECONMENDATION: Staff recommends denial of the requested 5' rear setback variance as shown on the attached site plan Comments: BACKGROUND: Property description: The subject property is located in the North Heights development on the west side of the north/south segment of Appleby Road. The subdivision was developed with 42 divided lots (1-2 1 A &B)to accommodate town homes. There are only a few lots remaining undeveloped at this time. The subject property is currently vacant. Proposal: The applicant proposes to develop two town homes with a common wall on the subject property. Request: The request is for a 5' setback variance from rear 25' setback requirement. The applicant states that this is necessary in order to build a minimum 1500 s.f. town home on each lot and to "conform to the characteristics and aesthetics or the existing neighborhood." Ordinance Requirement Applicant's Reques Rear setback (R-2) 1 25' 20' (a 5' variance K,tRepor&U0031B0A REPORTSU-5-031var03-11_ghg�(lots 12.4&B).doc May 5,2003 Board of Adjustment VAR 03-11: Ginger Page 2.1 SURROUNDING LAND USE AND ZONING Land Use Zoning North Vacant R-0, Residential Office South Multi-family residm—tial R-2, Medium density residential East Townhomes R-2, Medium density residential West Townhomes —R-2, Medium 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: 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 prop erty is flat and there are no unique features that cause the site to be difficult to develop. 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 current zoning regulations does not preclude the development of the subject property. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Unable to make finding, the need for the variance is based on the applicants chosen floor plan and building design. 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 special privileges. The property is zoned for K.WeportsI2003WOA REP0RTSL5-5-03ivar03-11_ghger aots 12A&B).doe May 5,2003 Board of Adjustment VAR 03-11: Ginger Page 2.2 residential uses. 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. § 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,May 5,2003. 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: The variance requested is the minimum needed for the applicant to build the structure that is proposed. The property is buildable without variances as demonstrated in the development of nearby and adjacent lots with similar lot sizes and constraints. (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 requested variance does not meet the intent of zoning regulations which provide for variances only when special conditions or hardships exist on a particular property. Should this variance be granted it would skew the uniform setback for the neighborhood,however it 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. K.-tReporIsL?0031BOA REPORM-5-03WrO3,11—gnger(7ols 12A&B).doc May 5,2003 Board of Adjustment VAR 03-11: Ginger Page 2.3 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: N/A 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.V?eportsVO031BOA REPOR7SL5-5-03WrO3-11_gkger(lots 12,4&B).doc May 5,2003 Board of Adjustment VAR 03-11:Ginger Page 2.4 April 9, 2003 The Board of Adjustments City of Fayetteville Fayetteville, Arkansas Subject: Lots 12A & 12B North Heights Addition (22 & 28 Cydnee) To the Chair of the Board of Adjustments, I am asking that the City grant a five foot zoning variance for the lot 12A and 12B located in the North Heights Addition in Fayetteville, Arkansas. Due to the size and configuration of the subject lot, it is very difficult to construct a structure and meet the strict guidelines of the POA. These guidelines include a 1500 sq. ft. minimum per side and plan approval by their Architectural Committee. A variance would greatly improve the buildability while allowing the finished project to conform to the characteristics and aesthetics of the existing neighborhood. You will find that the North Heights POA is a very active committee and they are very concerned with the quality of life and overall aesthetics in their own small community. I respectfully ask that you put a lot of weight on their decision to approve my plans as submitted and to take into consideration that this 4ot backs up to commercial property and is one of the last 3 undeveloped lots in the subdivision. Sincerely, Don Ginger May5,2003 Board of Adjustment VAR 03-11:Ginger Page 2.5