HomeMy WebLinkAbout2003-08-04 - Agendas 8403 BOA 7/24/03 9Mi-�� 1 8403 BOA 2X4
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 SEr FOR A HEARING BEFORETHE
BOARD OF ADJUSTMENT IN THE CITY ADMINISTRATION BUILDING,
113 WEST MOUNTAIN STREEF, ROOM 326, FAYETTEVILLE,
ARKANSAS,ON MONDAY,AUGUST 4.2003,AT 3:45 P.M.
The following items will be considered:
Approval of minutes from the meeting of July 7,2003.
New Business: 4)
1.VAR M-22.00:Variance(Marcella Thompson,pp 437)was submitted by
Jorgensen&Associates an behalf of Marcella Thompson for property located at 660 Nl 54th Avenue.
The property is zoned Rl Residential Agricultural and contains appostinnatey 20.7 acres. The
requirement is for 200'of lot width for R-A property.The request is for 177.85'lot width(a 22.15'
varance).
2.VAR W-23.00:Vanarce(Merfins,pp 521)was submitted by Bret Park Company,Inc.on behalf of
William and Allyson Merl for property located at 24 S,Hartman Avenue. The property 18 zoned RSF-
4,Residential Shgle-fami�,,4 cents per acre and contains approximately 0,344 state. The requirement
is for a 20'rear setback. The request is for a 17'rear setback(a 3'variance)to accommodate a roof
overhang on a new addition. The requirement is for an 8'side setback.The request is for a 5'Nd.
setback(a 3'varil to accommodate an existing roof overhang,discovered in the new survey,
3.VAR 03-24.00: Varianon(Cal bip�Iffi was submitted by Dwight Callaway for Property located
at 835 F612 Drive. The property is zoned RSF-4,Residential Single-family,4 units per acre ard contains
approximately 0.186 acres, The requirement is for 26'front setback.The request is for a 20'front
setback(a 5'varfarcel to allow for an addition to the existing structure.
4.VAR 03-26.00: Variance(Massey Pip 363)was submitted by Brett Wafts of Engineering Design
Associates an behalf of Mitchell Massey for property located at Wildwood Drive, Lot 6, Pine Valley
Subdivision Phase V. The property is zoned RMF-24,Residential Multi-faml ly 24 units per acre and
contains approximately 1.90 acres. The requirement is for a gullet width. The excuest is for a 65'62"
lot width(a 24'38'variance).
5.VAR 03-26.00; Variance(Pil pp 405)was submitted by Collier Pierce for property located at 1385
N.Oakland Avenue. The property is zoned RMF-24, Residential Multi-farnfly,24 units per acre and
contains approximately 0.3357 acres. The required lot width is 90'. The request is for 75'lot width(a
1 S'varial
All interested parties may appear and be heard at the public Iffial A copy of the proposed
amendments and other portment data is open and available for Inspection in the Office of City Planning
(575-8267),125 West Mountain Street,Fayetteville,Arkansas. Al interested Parties am invited to review
the petifil
Interpretem orTDD 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.
8403 BOA NEWEST 7/29/23� Page 1
B403 BOA NEWEST 2x4
CITY OF FAYETTEVILLE
AGENDA NOTICE
BOARD OF ADJUSTMENT
Monday,August 4 2003.3:45
City Administration 6uidini Room,M16
113 West Mounhal,
Fai Arkansas
PUBLIC MEETING-OPEN TO ALL City of Fayetteville
The following items Will be considered:
Approval of minutes fom the meeting of July 7,2W3.
New Business:
1 VAR 03-22.W:Variance(Marcella Thompson,Pic 437)wao submitted by Jorgei Associates an
b0alf of Marcella Thompson for property located at 650 N.54th Avenue. The property is zoned R-A,
Has dential Agricultural and Cordaro approximately 20.7 acres. The requirement is for 2W'of lot Width
for R-A property.The request is for 177.85'IW Width(a 22.15'Vaniance).
1,VAR 01-21,10:Vararce(Merfins, bip 521)was submitted by Brat Park Company,Inc.on behalf of
William and Alysch Marine for property located at 24 S.Hammon Avenue. The property is zoned RS'-
4,Resideriffial Single-farhif/,4 units per acre and contains approximately 0.344 acres, The requirement
a for a 20'rear setback. The request is for a 17'rear setback(a 3'varance)to accommodate a roof
overhang on a new addition. The requirement is for ain 8'side setback.The request is for a 5sides
sarback(a 3'vanance)to aocommodate an existing roof overhang,discovered in the new survey.
3.VAR 03-24,00: Variance(Callaway,pp�6)was submitted by Dwight Callaway for property located
at 835 BIL,Drive. Ilse property is zoned RSF-4,Residential SlIngle-farnifly 4 units per acre and contains
approximately 0.186 acres. The requirement is for 25'front sasback.The request is for a 20'front
setback(a 5'Vadance)to allow for an addition to the existing structure.
4.VAR 03-25.00: Variance(Massey,pip 363)was submitted by Brett Warts of Engineering Design
Associates on behalf of Mitchell Massey for property located at Widwooc!Drive, Lot 6, Pine Valley
SubdNision Ph...V. The property is zoned RMF-24,Residential Multi-famity 24 units par acre and
contains approximately 1.90 acres. The requirement is for a 90'lot Width. The request is for a 65,62"
lot width(a 24'38"vanance).
5.VAR 03-26.W: variance(Pierce pip 405)was si�bmittmd by Collier Pierce for property located at 1385
N.Oakland Avenue. The property is zoned RMi Residential Mutfi-family 24 units bar acre and
contains approximately O.M57 acres. The required lot Width is W'. The request is for 75'lot width(a
15'Valance).
Al interested parties may appear and be heard at the public hearings. A copy of the proposed
amendments and other pertinent data is men and available for inspection in the Office of City Planning
(575-8267).125 West Mountain Street,Fayetteville,Arkansas At interested p ES am I..ad 0 r
the peffitions.
Interpreters or TOD for hearing impaired are available for all public meetings. 72 hour notice is required.
For further mommitich or to ussluest an interpreter,please cal 575-8330.
8403 BSA 7/29/03 1:4��� i
8403 BSA 2X2
Cl�OF FAYEFrEMLLE
AGENDA NOrhCE
BOARD OF SIGN APPEALS
Monday August 4,2003-3:45 P.-
City Administratkon Building,Is., S�6
113 West Mountain
Friyettevft Akarsas
PUBLIC MEETING-OPEN TO ALL City of Fayetteville
The folloWng Items will be considered:
Approval of minutes from the July 7,20M meeting.
Old Business:
1.SNA W-08.00:Sign Vanance(First Western Bank,PIP 175)vvas submitted by Ken Lazenby an Insinalf
of First Western Bank for property located at 1676 Joyce Blvd. The property is zoned R-0,Residential
Office.Tibe requirement is for one sign containing 16 sJ.The request is for an additional sign Wth 30.71
S.f.proposed.
All interested parties may appear and be theard at the public hearings. A copy of the proposed
amendments and other pertinent data is open ord eversible for inspection in the Office of City Planning
(575-8267)125 West Mountain Street,Fayetteville,Arkansas All interested parties we invited to review
1tnh,eI=,r'nterp.retl orrTDD for hearing impaired am available for all public meetings. 72 hour
of , he information or to request an interpreter,please 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 August 4, 2003, at
3:45 p.m. in Room 326 of the City Administration Building, 113 West Mountain,
Fayetteville, AR, 72701.
The following items will be considered:
Approval of minutes from the meeting of July 7,2003.
New Business:
1. VAR 03-22.00: Variance(Marcella Thompson, pp 437)was submitted by Jorgensen&
Associates on behalf of Marcella Thompson for property located at 650 N. 54 1h Avenue.
The property is zoned R-A,Residential Agricultural and contains approximately 20.7
acres. The requirement is for 200' of lot width for R-A property. The request is for
177.85' lot width(a 22.15' variance).
2. VAR 03-23.00: Variance(Mertins,pp 521)was submitted by Bret Park Company,Inc.
on behalf of William and Allyson Mertins for property located at 24 S.Hartman Avenue.
The property is zoned RSF-4,Residential Single-family,4 units per acre and contains
approximately 0.344 acres. The requirement is for a 20' rear setback. The request is for
a 17' rear setback(a 3' variance)to accommodate a roof overhang on a new addition.
The requirement is for an 8' side setback. The request is for a 5'side setback(a 3'
variance)to accommodate an existing roof overhang, discovered in the new survey.
3. VAR 03-24.00: Variance(Callaway,pp 446)was submitted by Dwight Callaway for
property located at 835 Fritz Drive. The property is zoned RSF-4, Residential Single-
family,4 units per acre and contains approximately 0.186 acres. The requirement is for
25' front setback. The request is for a 20' front setback(a 5' variance)to allow for an
addition to the existing structure.
4. VAR 03-25.00: Variance(Massey,pp 363)was submitted by Brett Watts of
Engineering Design Associates on behalf of Mitchell Massey for property located at
Wildwood Drive, Lot 6,Pine Valley Subdivision Phase V. The property is zoned RMF-
24,Residential Multi-family, 24 units per acre'and contains approximately 1.90 acres.
The requirement is for a 90' lot width. The request is for a 65'62" lot width(a 24'3 8"
variance).
5. VAR 03-26.00: Variance(Pierce,pp 405)was submitted by Collier Pierce for property
located at 13 85 N. Oakland Avenue. The property is zoned RMF-24, Residential Multi-
family,24 units per acre and contains approximately 0.3357 acres. The required lot
width is 90'. The request is for 75' lot width(a 15' variance).
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments
and other pertinent data is open and available for inspection in the Office of City Planning(575-8267), 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 SIGN APPEALS
A meeting of the Board of Sign Appeals will be held Monday, August 4,2003 at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain Street, Fayetteville,Arkansas,
72701.
The following item will be considered:
Approval of minutes from July 7, 2003 meeting.
01dBusiness:
1. SNA 03-08.00: Sign Variance (First Western Bank,pp 175) was submitted by Ken
Lazenby on behalf of First Western Bank for property located at 1676 Joyce Blvd. The
property is zoned R-0,Residential Office. The requirement is for one sign containing 16
s.f. The request is for an additional sign with 30.71 s.f. proposed.
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 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 August 4, 2003, at
3:45 p.m. in Room-326 of the City Administration Building, 113 West Mountain,
Fayetteville, AR, 72701.
The following items will be considered:
Approval of minutes from the meeting of July 7,2003.
New Business:
1. VAR 03-22.00:Variance(Marcella Thompson,pp 437)was submitted by Jorgensen&
Associates on behalf of Marcella Thompson for property located at 650 N. 50 Avenue.
The property is zoned R-A, Residential Agricultural and contains approximately 20.7
acres. The requirement is for 200' of lot width for R-A property. The request is for
177.85' lot width(a 22.15' variance).
2. VAR 03-23.00:Variance(Mertins,pp 521)was submitted by Bret Park Company,Inc.
on behalf of William and Allyson Mertins for property located at 24 S.Hartman Avenue.
The property is zoned RSF-4, Residential Single-family, 4 units per acre and contains
approximately 0.344 acres. The requirement is for a 20' rear setback. The request is for
a 17' rear setback(a 3' variance)to accommodate a roof overhang on a new addition.
The requirement is for an 8' side setback. The request is for a 5'side setback(a 3'
variance)to accommodate an existing roof overhang,discovered in the new survey.
3. VAR 03-24.00: Variance(Callaway,pp 446)was submitted by Dwight Callaway for
property located at 835 Fritz Drive. The property is zoned RSF-4, Residential Single-
family,4 units per acre and contains approximately 0.186 acres. The requirement is for
25' front setback. The request is for a 20' front setback(a 5'variance)to allow for an
addition to the existing structure.
4.� VAR 03-25.00: Variance(Massey,pp 363)was submitted by Brett Watts of
Engineering Design Associates on behalf of Mitchell Massey for property located at
Wildwood Drive, Lot 6,Pine Valley Subdivision Phase V. The property is zoned RMF-
24,Residential Multi-family,24 units per acre and contains approximately 1.90 acres.
The requirement is for a 90' lot width. The request is for a 65'62"lot width(a 24'38"
variance).
5. VAR 03-26.00: Variance(Pierce,pp 405)was submitted by Collier Pierce for property
located at 1385 N. Oakland Avenue. The property is zoned RMF-24, Residential Multi-
family,24 units per acre and contains approximately 0.3357 acres. The required lot
width is 90'. The request is for 75' lot width(a 15' variance).
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments
and other pertinent data is open and available for inspection in the Office of City Planning(575-8267), 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 ffirther information or to request an interpreter,please call 575-8330.
ORDER OF BOARD OF SIGN APPEALS 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 Sign Appeals (Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Sign Appeals 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 Sign Appeals.
2003 Board of Sign Appeals Members
Sherrie Alt
Michael Andrews
Michael Green (Chairman)
Robert Kohler
James Kunzelmann
Bob Nickle
Joanne Olzewski
FAYETTEVILLE BOA Meeting of August 4, 2003
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8167
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Dawn T. Warrick,AlCP,Zoning&Development Administrator
DATE: July 30, 2003 .
VAR 03-22.00: Variance (Marcella Thompson, pp 437) Was submitted by Jorgensen &
Associates on bebalf of Marcella Thompson for property located at 650 N. 54",Avenue.
The property is zoned R-A,Residential Agricultural and contains approximately 20.7
acres. The requirement is for 200' of lot width for R-A property.The request is for 177.851
lot width (a 22.151 variance).
RECOMMENDATION:
Staff recommends approval of the requested 22.15' lot width variance as shown on the
attached site plan with the following condition(s):
1. At the time of development of more than one additional single family home on the
subject property, infrastructure shall be installed to provide adequate lot width for
all structures in accordance with current zoning regulations.
,A 1PP -A
R.
NN-
BACKGROUND:
Property description: The subject property is located between Persimmon St. and Wedington
Drive on the east side of 54th Street. The property is zoned R-A, Residential Agricultural and is
used for agricultural purposes. Surrounding properties are primarily residential with a mix of
single family homes on large lots, agricultural property and some duplexes.
Proposal: The applicant would like to build a second single family home on the subject property
without having to rezone to an RSF-4,Residential single family, 4 units/acre district.
K.lReportsl2003WOAREPORTS18-4-03WarO3-22 ihompson.doc August 4,2003
Board of Adjustment
VAR 03-22.00(Thompson)
Page 1.1
Request: The request is for a variance to the required 200' lot width for the new single family
home. The property currently contains a total of 377.85' of lot width and in order to build a
second principle structure, each structure must be sited in a manner that it could be located on its
own individual lot as required by §164.07.
1 Ordinance Requirement Applicant's Request
Lot width-R-A district 200' per single family home 377.85' for 2 single family
I (a total of 400') homes (a 22.1
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single family residential R-A, Residential Agricultural
South Single family residential R-A, Residential Agricultural
East Single family residential (subdivision R-A, Residential Agricultural I RSF-4,
approved by PC for development) Residential single family
West Single family residential R-A, Residential Agricultural./RSF-4,
Residential single fami!X
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 applicant owns two large tracts of land (approximately 20 acres
combined)which are used for agricultural purposes. The development of
one single family home on the currently vacant parcel is only problematic
due to the lack of lot width. A property line adjustment is proposed if the
variance is approved in order to make the two lots more balanced in the
amount of lot width provided for each. It is necessary for the property to
maintain the R-A designation because the property is currently used for
agricultural purposes, so a change of zoning to a residential district with a
lesser lot width requirement is not appropriate.
K.-tReportsL?0031BOAREPORTS18-4-031varO3-22 ihompson.doc August 4,2003
Board of Adjustment
VAR 03-22.00(Thompson)
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: Literal interpretation of the zoning regulations would not allow any
additional principle structures on the subject 20 acre tract. The property is
wider at the rear(east edge) and is narrowest along the west boundary where
it adjoins 54h Street.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special conditions are inherent to the configuration of this property and
are not the result of actions of this applicant.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: Granting the requested lot width variance will not confer special privileges.
The use of the property for residential as well as agricultural purposes as
proposed by the applicant is permitted within the R-A zoning 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.
Finding: No nonconformities were considered as a basis of the findings stated in this
staff report.
§ 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,August 4,2003.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
K,tRepornl2003lBOAREPORTS18-4-031varO3-22 ihompson.doc August 4,2003
Board of Adjustment
VAR 03-22.00(Thompson)
Page 1.3
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 proposed variance is the minimum variance necessary to allow
construction of one additional single family home on the subject property.
The additional home which is proposed is in harmony with the surrounding
properties and is consistent with the purpose and intent of current zoning
regulations. The variance will not he 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 lot width
variance.
b. Conditions and Safeguards. In granting any variance,the Board of Adjustment
may prescribe appropriate conditions and safeguards in conforrnity with the
zoning regulations.
Finding: Staff has recommended conditions for this request which are stated on page
one of this report.
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 temis of the
zoning regulations in said district.
Finding: N/A
K.,IReportsUO03iBOAREPORTS18-4-03�varO3-22 hompson.doc August 4,2003
Board of Adjustment
VAR 03-22.00(Thompson)
Page 1.4
161.03 District R-A,Residential-Agricultural Lot width minimum 200 ft.
Lot Area Minimum:
(A) Purposes. The regulations of the agricultural Residential: 2 acres
Nonresidential: 2 acres
district are designed to protect agricultural lana _Lota�dwelling unit 2 acres
until an orderly transition to urban development
has been accomplished;prevent wasteful scattering
of development in rural areas;obtain economy of (E) Setback requirements.
public funds in the providing of public
improvements and services of orderly growth; Front Side Rear
conserve the tax base; provide opportunity for li 35 ft. 20 ft. 35 ft.
affordable housing,increase scenic attractiveness;
and conserve open space. (F) Height requirements. There shall be no maximum
height limits in the A-1 District, provided,
(13) Uses. however, that any building which exceeds the
height of 15 feet shall be setback from any
(1) Permitteduses. boundary line of any residential district a distance
of 1.0 foot for each foot of height in excess of 15
Unit 1 City-wide uses by right feet. Such setbacks shall be measured from the
Unit 3 Public protection and utility facilities required setback lines.
Unit 6 Agriculture
Unit 7 Animal husbandrY (G) Building area. None.
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 37 Manufactured homes (Code 1965,App.A.,Art.5(l);Ord.No- 1747,6-29-70;Code 199 1,
§160.030;Ord.No.4 100,§2(Ex.A),6-16-98;Ord.No.4178,8-3 1-
99)
(2) Conditional uses.
Unit 2 C4-wide uses by conditional use permit
Unit4 Cultural and recreational facilities 164.07 Erection of More Than One Principal
Unit 20 _��O�mmercjal recreation,large sites Structure On a Lot of Record
Unit 24 H�'m oc ipations In any district, more than one structure housing a
V I permitted principal use may be erected on a single lot,
Unit 36 ele s ommunications facilities
provided that setback and other requirements of this
(C) Density. chapter shall be met for each structure as though it were
on an individual lot.
Units per acre One-half
(Code 1965,App.A.,Art.8(4);Ord.No. 1747,6-29-70;Code 199 1,
(D) Bulk and area regulations. §160.112; Ord, No. 4100, §2 (Ex. A), 6-16-98)
K.tRepora�2003WOAREPORTS18-4-03�varO3-22 diompson.doc August 4,2003
Board of Adjustment
VAR 03-22.00(Thompson)
Page 1.5
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS SURVEYORS
124 WEST SUNBRIDGE,SUITE 5 - FAYETTEVILLE,ARKANSAS 72703 (479)442-9127 - FAX (479) 582-4807
DAVID L.JORGENSEN, P.E.,P.L.S.
CHRISTOPHER B.BRACKETT, P.E.
7/2/03
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
ATT: Plaiming Department
Re: Thompson Property @ 650 N. 54h Street
Enclosed herewith please find a variance request for the above referenced property. The
owner would like to build another house in the approximate area shown on the plat and
rent her existing house to a friend or relative to take care of farm work. Her property is a
13.60-acre parcel and a 7.1 0-acre parcel for a total of 20.70 acres. The city requires 200'
of frontage for A-I property. The total frontage along 54h street is 377.85'. Therefore the
request is for 177.85 instead of 200' which is a variance of 22.15'. The owner has the
option of rezoning her property but would prefer to keep it A-1.
We would appreciate your favorable consideration of this matter.
If the variance is granted we will then apply for the lot line adjustment.
Thank you,
David L. Joigensen, P.E.
August 4,2003
Board of Adjustment
VAR 03-22.00(Thompson)
Page 1.6
STRUCTURAL DESIGN - LAND DEVELOPMENT WATER SYSTEMS WASTEWATER SYSTEMS - LAND SURVEYING
VAR03-22.00
Close Up View MARCELLA THOMPSON
R-A
RSF-4
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RSF-4
M R-F-4
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SUBJECT PROPERTY
El ED
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Overview Legend Boundary
- r- Subject Property Planning Area Master Street Plan
VAR03-22.00 '5��Freeway/Expressway
Overlay District
4 *%0 Principal Arterial
Streets City Limits *"%,�Minor Arterial
Existing Outside City 40 Collector August 4,2003
Planned **%. Historic Collector Board of Adjustment
0 0 200 400 800 1,200 1,600 VAR 03-22.00(Thompson)
Feet Page 1.7
VAR03-22,01
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VAR03-22.00 Planning Area 6:��._�Fnell,ayl&poescl
4asiss',Principal Moral
sl Overlay District
Streets c.oc000 4ol minisArlenal
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Pill
L Outside City 000. Hi.tn.C.11I August 4,2003
Board of Adjustment
VAR 03-22.00(Thompson)
0 0.1 0.2 0.4 0.6 0-Les Page 1.8
FAYETTEVILLE BOA Meeting of August 4, 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: Dawn T. Warrick, AICP, Zoning&Development Administrator
DATE: July 3 0,2003
VAR 03-23.00: Variance (Mertins, pp 521)was submitted by Bret Park Company,Inc. on
behalf of William and Allyson Mertins for property located at 24 S.Hartman Avenue. The
property is zoned RSF-4,Residential Single-family, 4 units per acre and contains
approximately 0.344 acres. The requirement is for a 20' rear setback. The request is for a
171 rear setback (a 3' variance) to accommodate a roof overhang on a new addition. The
requirement is for an 8' side setback. The request is for a 51side setback (a 3' variance) to
accommodate an existing roof overhang, discovered in the new survey.
RECOMMENDATION:
Staff recommends approval of the requested 3' side and rear setback variances as shown
on the attached site plan with the following condition(s):
1. Variances shall apply only to the existing structure and the addition proposed with
the site plan submitted for this request. Future additions or alterations shall comply
with setback requirements for the zoning district in which the property is located.
(This does not preclude future variance requests if appropriate findings can be
made by the Board of Adjustment)
BACKGROUND:
Property description: The subject property is located in the University Heights neighborhood,
west of Razorback Road and just south of Center Street at 24 S. Hartman Ave. There is currently
one single family home on the property which contains 1839 s.f. Surrounding properties contain
K.Teporls12003BOA REPORM8-4-03�varO3-23-mfffins.doc August 4,2003
Board of Adjustment
VAR 03-23.00(Mertins)
Page 2.1
single family hornes, some are located on combined lots, however most adjoining lots are of a
size which is cornparable to the subject property. The existing structure is located towards the
rear(cast)of the property due to the slope of the front portion of the property.
Proposal: The applicant proposes to add 922 s.f. to rear of the existing structure.
Request: The request is for a variance to accommodate the roof overhang of the existing
structure which was constructed in the late 1960's prior to current zoning requirements. Also, a
request for a variance is being sought in order to allow for a similar roof overhang on the
proposed addition in order to provide architectural details which are consistent with the existing
structure.
Ordinance Requirement Applicant's Request
Side setback (north) 8' 5' (a 3' variance for existing
roof overhang)
Rear setback (east) 20' 17' (a 3' variance for roof
overhang of proposed addition)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single family residence RSF-4, Residential single family,
4 units/acre
South Single family residence RSF-4, Residential single family,
4 units/acre
East Single family residence RSF-4, Residential single family,
4 units/acre
West Single family residence RSF-4, Residential single family,
I 1 4 units/acre
GENERAL PLAN DESIGNATION Residential
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied f6r 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.
K.-WeportsVOOMOA REPORTM84-03�varO3-23—mfftins.doe August 4,2003
Board of Adjustment
VAR 03-23.00(Mertins)
Page 2.2
Finding: A structure which pre-dates current zoning regulations and sloping
topography on the west side of the subject property are special conditions
which are specific to the subject property and which effect the location of the
proposed addition.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would not permit the proposed
addition to an existing non-conforming structure (it is greater than 25% of
the original structure).
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The requested side setback variance is not the result of actions of the
applicant, the existing structure pre-dates current zoning regulations. The
proposed rear setback variance is the result of actions of the applicant
however site constraints (sloping topography on the west side of the site)
have led to the location of the proposed addition.
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 variances will not confer special privileges. The use
of this property for a single family dwelling is permitted by right in the RSF-
4 zoning 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.
Finding: No nonconformities were considered as a basis of the findings stated in this
staff report.
§ 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.
K:IReporL51200300A REPORTS18-4-03�varO3-23-m�lin3.doe August 4,2003
Board of Adjustment
VAR 03-23.00(Mertins)
Page 2.3
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,August 4,20,03.
3. Findings. Tle 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 vvill
make possible the reasonable use of the land, building, or structure.
(L) Harmony with General Purpose. The Board of Adjustment shall ftuther make a
finding that the granting of the variance will be in harmony with the general
purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood,or otherwise detrimental to the public welfare.
Finding: The proposed side setback variance is the minimum variance necessary to
accommodate the exiting structure which pre-dates current zoning
regulations. The proposed rear setback variance is the minimum variance
necessary to allow the proposed 922 s.f. addition. The existing home with the
proposed addition is in harmony with the surrounding propekies and is
consistent with the purpose and intent of current zoning regulations. The
variances 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.
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 conditions for this request which are stated on page
one of this report.
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 tenns of the
zoning regulations in said district.
Finding: N/A
K.JReportsUO0300A REPORTS18-4-03tvdrO3-23-mwtins.doc August 4,2003
Board of Adjustment
VAR 03-23.00(Mertins)
Page 2.4
161.07 District RSF-4,Residential Single-Family—Four Units Per Acre
(A) Purpose, The RSF4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments,as well as to protect existing development of these types.
(B) Uses.
(1) Permitted uses.
�C,, -wide uses by right
Unit 8 1 Single-faMllydWellinq
(2) Conditional uses.
Unit 2 1 Cjtv-wide uses by condiflonal use permit
Unit 3 Public rotect on and utility facilities
Unit 4 cultural and recreational facilities
Two_
Unit 9 _faroll dwellin s
Unit 24 IMMEns facilifies
Unit 36
(C) Density.
Single-family Two-family
dwellings dwellings
Units per acre 4 or less 7 or less
(D) Bulk and area regulations.
Single-family Two-family
dwellings dwellings
Lot minimum width 70 ft. 80 ft.
Lot area minimum 8,000 sq.ft. 12,000 sq.ft.
Land area per B,Uuu sq.n. 6,000 sq.ft.
dwellinq un I
(E) Setback requirements.
Side Rear
25 ft. 8 ft. zu n.
(F) Height. None.
(G) Building area on any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot.
(Code 1991,§160.03 1;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99)
K.tReporo;L?00MO,4 REPORTS18-4-03�varO3-23-m�lins.doc August 4,2003
Board of Adjustment
VAR 03-23.00(Mertins)
Page 2.5
Complete Description of Request for Variance
24 South Hartman Avenue
We are requesting a variance for the setback requirements at 24 South Hartman Avenue. The
existing structure is a single family residence occupied by the applicants and our family. The
existing house is 1839 square feet and we are building an addition of 922 squar-e feet.
We are requesting a variance to the north(side) setback of three feet (3')to accommodate a three
foot roof overhang that was constructed on the original structure approximately 35 years ago and
several years before the existing zoning code.
For the addition, we are requesting a variance to the east (rear) setback of three feet(3') in order
to construct a roof overhang that architecturally matches the existing structure. The addition
May be built as drawn with a different (and taller and gabled) roofline in order 7to comply with
the setback ordinance, however, a variance would allow an overhang that matches the existing
structure and is less visually intrusive to our neighbors that share our east property line.
Granting the request variance would allow an architecturally integrated addition that would be
attractive to the neighborhood, respectful of our eastern neighbors and more attractive than the
type of structure allowable by code.
Respectfully submitted,
William and Allyson Mertins
r"ECEIVED
lt-
Aju ust4,2003
�-Boa fwtment
paAg,9?723.00(Mertins)
'� DW!.6
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WILLIAm F. MERTINS, JR.
24 SouTH HARTMAN AVENUE
FAYETTEVILLE,AR 72701
July 18, 2003
Mr. Mike Green
Chairman, Board of Adjustments
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
RE: 24 South Hartman Ave.
Dear Mr. Green:
My wife and I are the owners and residents of the house at 24 South Hartman Avenue.
We request a variance of the setback requirements for the east side of our property and
also for the north side of our property.
We would like to obtain permission to build a bedrooni/bathroom addition to our existing
house to accommodate our growing family and also to obtain a variance for the roof
overhang that was constructed in the north side setback prior to the existing zoning code.
For clarity, we will address these two issues separately.
1) Requested variance to setback requirement for north side of property.
A) A special condition exists: Our existing house was constructed in
approximately 1967 and has a three foot (3') roof overhang arc>und the entire
house. The wall of our existing house is eight feet ten inches(8'10") from the
north property line, but the roof overhang is only five foot ten inches (5'10")
from the north property line. We are asking for a variance for that two foot
two inch (2'2") portion of the roof that has been in place for the last thirty-five
(35) years. We believe the existing structure was built prior to existing zoning
or was sited on the property with an inaccurate survey of the lot.
B) Literal interpretation of the setback requirement would deprive us of the use
of our house as it,would require extensive and cost-prohibitive demolition and
reconstruction of the existing roof
C) The special conditions and circumstances do not result from our actions: The
existing building, which we purchased approximately five (5) years ago, pre-
dates the zoning ordinance.
D) Granting this variance will not confer any special privilege denied to others.
University Heights is an established neighborhood with its cown charac 03
9- VA? [Int
03-23.00(Mertins)
jUL 2 1 209*e 2.7
P'.".",NNING DIV.
The three foot roof overhang that surrounds our house is integral to the
aestbetic design of the house and is in conformity with the char-acter and style
of ti-3e neighborhood.
2) Requested variance to the setback requirement for the east side of the propert
A) A special condition exists: Due to the steep slope of the west side (front) of
our lot, the existing house was built toward the east (rear) property line, where
the land is more level. The best location for our needed additic3n to the house
is ori the southeast side of the property, based on the slope of the land and the
lirnitations imposed by the structure and location of the existing house. The
existing house has a three foot (3') roof overhang around the entire house.
We -want to respect the integrity of the architecture by maintaining the three
foot (3') overhang on the addition. Doing so will maintain uniformity
bet,ween the existing house and the addition, which would be a rnore attractive
addition to the neighborhood. Finally, by right, we could build -the addition as
dra,wn, but with a different and taller roofline, which would be less attractive
for the addition and less attractive to our eastern neighbors.
B) The literal interpretation of the ordinance would deprive us from building a
roof overhang that matches our existing house and would require us to build a
taller and gabled roof that would have a negative impact on our eastern
neighbors.
Q The special conditions and circumstances do not result from our actions: The
slope of the lot and the location of the existing house required -the addition to
be placed in the southeast corner of the property. Had the existing house been
more typically situated in the middle of the lot, the proposed roof overhang
would not be an issue.
D) Granting the requested variance to the rear setback will not confer on us any
special privilege that is denied to others. The neighbors and the neighborhood
will be well-served by the architecturally consistent addition with a low
roofline that is more respectful of our eastern neighbors than the roof structure
we would be required to build if this variance was denied.
We respectUly ask that you approve our request for a variance of the setback
requirements. We are committed to building an attractive and thoroughly integrated
addition to our existing house. Thank you for your consideration of our request.
Sincerely,
William and Al lyson Mertins RECEV�,A=003
A ent
jjfR Y-23.00(Mertins)
L
1 2.8
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Page 2.9
VAR03-23.00 MERTINS
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VAR03-23.00 FreeWay/EXpressway
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00%. Historic Collector Board of Adjustment
0 75 150 300 450 600 VAR 03-23.00(Mertins)
Feet Page 2.10
VAR03-23.00 MERTINS
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VAR03-23.00 Planning Area 61�Fre..y/&,l
ZT Streets Olsli�,,e Prtn�cipal Arterial
Overlay District
4`%,MirorAderul
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Outside City 00o, Historic Collector August 4,2003
Board of Adjustment
0 0.1 0.2 0.4 0.6 0. VAR 03-23.00(Mertins)
Les Page 2.11
FAYETTEVILLE BOA Meeting of August 4, 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: Dawn T. Warrick, AMP,Zoning& Development Administrator
DATE: July 30, 2003
VAR 03-24.00: Variance (Callaway, pp 446)was submitted by Dwight Callaway for
property located at 835 Fritz Drive. The property is zoned RSF-4,Resideintial Single-
family,4 units per acre and contains approximately 0.186 acres. The requirement is for 251
front setback. The request is for a 23'3" front setback(a 1'9"variance)ou the north to
accommodate the existing structure and for a 20' front setback(a 5' variance) on the east
to allow for a proposed addition.
RECOMMENDATION:
Staff recommends approval of the requested front setback variances as sh own on the
attached site plan with the following condition(s):
1. Variances shall apply only to the existing structure and the additioin proposed with
the site plan submitted for this request. Future additions or alterations shall comply
with setback requirements for the zoning district in which the property is located.
(This does not preclude future variance requests if appropriate fin4dings can be
made by the Board of Adjustment)
lis 1& .3
0
�P
BACKGROUND:
Property description: The subject property is located at the southwest comer c>f Fritz Drive and
Fritz Ct., north of Prospect St. between Willow Ave. and Ruth Dr. and south arad east of Clebum
Street. The property contains a small(957 s.f) single family home. It is a corrier lot with a very
steep site (sloping north to south). Several large mature trees are existing on the property,
Proposal: Ile applicant proposes to construct a 1,084 s.f. addition to the existing home on two
X WeporisI200300,4 RFPORTS18-4-03ivarO3-24 wilaway.doc August 4,2003
Board of Adjustment
VAR 03-24.00(Callaway)
Page 3.1
levels which will make use of the sloping elevation of the site.
Request: The request is to accommodate the existing structure with a V9" front setback variance
on the north and to allow a 20' setback(a 5' variance) along the east boundary of the lot which is
also a front due to the comer lot condition of the property.
Ordinance Requirement Applicant's Request
Front setback (north) 25' 23'3" (a 1'9" variance for the
existing structure)
Front setback (east) 25' 20' (a 5' variance for the
propos d addition)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single family residence RSF-4, Residential single family,
4 units/acre
South Single family residence RSF-4, Residential single family,
4 units/acre
East Single family residence RSF-4, Residential single family,
4 units/acre
West Single family residence RSF-4,Residential single family,
4 units/acre
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: Special conditions which are peculiar to the subject property and project
include the existing structure which is non-conforming and pre-dates current
zoning regulations, the-corner lot condition of the property which imposes
large setbacks for the two 'fronts' adjacent to streets and the sloping
topography of the site.
K.tReports�20031BOAREPORTS18-4-03�varO3-24 wllawaY.doc August 4,2003
Board of Adjustment
VAR 03-24.00(Callaway)
Page 3.2
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: Literal interpretation of the zoning regulations would not allow the proposed
addition and would create a very difficult situation for further developing
the property. The slope makes the relation of entrances, driveways and
access to each level of the structure with regard to the grade of the site
critical.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special conditions relating to this property were not the result of actions
of the applicant.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: Granting the requested variances will not confer special privileges. The use
of this property for a single family dwelling is permitted by right in the RSF-
4 zoning 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.
Finding: No nonconformities were considered as a basis of the findings stated in this
staff report.
§ 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,August 4,2003.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
K.-ReporuL?oo3lBoAREPORTS18-4-03�varO3-24 -11away.doc August 4,2003
Board of Adjustment
VAR 03-24.00(Callaway)
Page 3.3