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Home My WebLink About2004-12-06 - Agendas 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 Monday,December 6,2004,3:45 p.m. Room 326,City Administration Building The following items will be considered: Approval of Minutes from the 11/08/2004 meeting. New Business: 1. BOA 04-1339(ZWEIG[HUDGINS,445): Submitted by GARTH HUDGINS for property located at 59 EAST PROSPECT STREET. The property is zoned R-0,RESIDENTIAL OFFICE and contains approximately 0.44 acres. The request is for reduced front,side,and rear setbacks to allow for a new garage,an addition to the existing structure,and an addition to the existing garage. Property Owner: MARK ZWEIG Planner: LEIF OLSON 2. BOA 04-1340(JANET DAVIS,563): Submitted by JANET DAVIS for property located at 1005 WOOD AVENUE. The property is zoned RMT-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.26 acres. The request is for a front setback of 18'2" (a 6'10" variance.) Planner, LEIF OLSON All interested parties may appear and be hernd at the public hearings. A copy of the proposed amendments and other pertinent data am 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 mview the petitions. Inteipreters or TOO for hearing impaired are available for all public hearings;72 hour notice is required. For further 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. 2004 Board of Adjustment Members Sherrie Alt Michael Andrews (Chainnan) Michael Green Robert Kohler Jarnes Kunzelmann Bob Nickle Joanne Olzewski FAYETTEVILLE BOA Meeting of December 6, 2004 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: Leif Olson,Associate Planner THRU: Dawn T. Warrick, AICP, Zoning &Development Administrator DATE: November 3 0, 2004 BOA 04-1339 (ZWEIG/HUDGINS, 445): Submitted by GARTH HUDGINS for property located at 59 EAST PROSPECT STREET. The property is zoned R-0, RESIDENTIAL OFFICE and contains approximately 0.44 acres. The request is for reduced front, side, and rear setbacks to allow for an addition to the current garage, a proposed new garage, and an addition to the existing home. Owner; MARK ZWEIG Planner: LEIF OLSON RECOMMENDATION: Staff recommends approval of the requested variances to bring the nonconforming portions of the lot and structure into compliance, including the following: 1) Request for rear setback variance of 8' for a total rear setback of 17 feet. 2) Request for side (west) setback variance of 5' for a total side setback of 10 feet. The following conditions of approval shall apply: I. No expansion of the existing structure,without Board of Adjustment approval, shall occur within the building setbacks,with the exception of that noted herein. 2. The variance for the side (west) setback shall apply only to the existing detached garage which shall remain, until and unless removed or relocated within the building setbacks, subject to all city regulations. Staff recommends denial of the requested variances that apply to the proposed new garage structure and the addition to the home as shown on the attached site plan (survey) and based on the findings herein. 'BOARD OF ADJUSTMENT ACTION: 0 Approved 0 Denied Date: December4i2004 December 6,2004 Board of Adjustment BOA 04-1339 K:\Reports\2004\BOA Repofts\12-06-04\130A 04-1339(Zweig-Hudgins).doc Page 1.1 BACKGROUND: Property description: The subject property is located at 59 East Prospect St. Currently a 3,166 square foot single-family home is located on the property,which is a part of Lots 1 and 2 of A.L. Trents Revised Plat of City Park Addition. The lot area is approximately 19,166 SF, which complies with the minimum allowable lot area in the R-0 zoning district for a single family home (6,000 SF). It also has adequate frontage onto East Prospect St. (117' existing/60' required). Proposal: The applicant is requesting multiple variances from the existing setbacks for this property in order to construct a new garage, an addition to the home, and an addition to the existing garage. Request: A 10' variance request for the front(north), resulting in a 20' setback. A 4' variance of the side (east), resulting in a 6' setback. A 16'variance for the rear(south) setback, resulting in a 9' setback. Also, a variance of approximately 5 feet for the side (west) setback for the existing garage, resulting in a 10' setback. Recommendation: Staff recommends approval for the variance request that addresses the existing garage addition and the existing home, because these structures are pre-existing and non-conforming. Staff recommends denial of the variance request for both the new garage structure and the addition to the existing home. Staff feels that more than adequate space exists on this lot for the applicant to construct these structures within the setback requirements,therefore meeting the zoning ordinances adopted by the City of Fayetteville, with which all development must comply. Ordinance Requirement Applicant's Request Front Setback(north) 30' 20' (a 10' variance) -Side Setback(east) 10, 6' (a 4'variance) Rear Setback (south) 25' 9' (a 16' variance) -Side Setback(west) 15' 10' (a 5' variance) Surrounding properties are a mix of single family residential primarily to the north and west, and office uses to the east and south. SURROUNDING LAND USE AND ZONING Land Use Zoning North Single-family residential RSF-4, Res. single-family, 4 units/acre South Attorney Office R-0, Res./Office East Chiropractic Office R-0, Res./Office West Single family residence RMF-24, Res. multi-family, 24 units/acre GENERAL PLAN DESIGNATION Residential FINDINGS: December 6,2004 Board of Adjustment BOA 04-1339 KAReports\2004\130A Reports\12-06-04\130A 04-1339(Zweig-Hudgins).doc Page 1.2 § 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: There are no special conditions or circumstances existing which are peculiar to the land or structure that are not applicable to surrounding properties and buildings in the same district. The home is an existing nonconforming structure, built in 1934. Staff finds the request to bring the existing garage and home into compliance demonstrates sufficient special conditions to warrant granting a variance for this request. However,if the existing garage is going to be razed and then rebuilt staff feels that the replacement structure should be located so that it meets current building setbacks. However, staff finds that the variance request to allow an addition to the existing home does not sufficiently demonstrate special conditions or circumstances which warrant approval for a 16-foot rear setback variance. The request for encroachment into the rear setback, however,is based solely on the desire of the applicant to expand the size of the existing house in this location, and not on any special conditions to this property. Further, staff finds that the existing lot provides ample room to locate the proposed new garage structure within the building setback envelope. 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 allow for the continued existence of the structure and lot as nonconforming. Any expansion would be required to be within current building setbacks. Bringing the home and existing garage into compliance would permit the applicant to make additions to the home (within current setbacks) without further variances. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. December 6,2004 Board of Adjustment BOA 04-1339 KAReports\2004\130A Reports\12-06-04\BOA 04-1339(Zweig-Hudgins).doc Page 1.3 Finding: The nonconforming nature of the existing structures predate the applicant, and therefore, do not result from the actions of the applicant. However, the desire to construct additional structures outside of the building setbacks is the result 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 setback variances for the new garage structure and home addition would confer special privileges on the applicant, allowing a situation that is not permitted for other properties in the 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 other 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,December 6,2004. 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 requested front,side (east), and rear setback variances are not justified by the,reasons set forth in the application. The applicant may want to consider locating the proposed additions and new structures within the building setback envelope. December 6,2004 Board of Adjustment BOA 04-1339 KAReports\2004\B0A Reports\12-06-04\BOA 04-1339(Zweig-Hudgins).doc Page 1.4 b. Harmony with General Purpose. The Board of Adjustment shall ftirther make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting the variance would not be in harmony with the general purpose and intent of zoning regulations. Staff finds that the variances requested for the home addition and the new garage do not comport to the intent of the City's adopted Zoning ordinances, and finds no special exception to support the request. c. 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 finds the reasons set forth in the application justify granting the requested variances to bring the nonconforming structures into compliance. Staff fimls those reasons set forth in the application and submitted site plans for the proposed garage and home addition, however, do not justify granting the variance. A reasonable use of the land,both in its existing state, and with expansion within the current building setbacks,is possible. d. 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 161.15 District R-0,Residential Office (A) Purpose. The Residential-Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. (13) Uses. (1) Permitted uses. December 6,2004 Board of Adjustment BOA 04-1339 K:\Reports\2004\BOA Reports\12-06-04\BOA 04-1339(Zweig-Hudgins).doc Page 1.5 (2) Conditional uses. -Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities -Unit 13 Eating places Unit 24 Home occupations Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities (C) Bulk and area regulations. (Per dwelling unit for residential structures) (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home 50 ft. -park Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home 4,200 sq.ft. park Townhouses: Development 10,000 sq.ft. Individual lot 2,500 sq.ft. Single-family 6,000 sq.ft. Two-family 6,500 sq.ft. Three or more §,,0,0,0_sq-ft- Fraternity or Sorority 1 e (3) Land area per dwelling unit. Manufactured home 3,000 sq.ft. Townhouses;&apartments: No bedroom 1,000 sq.ft. One bedroom 1,000 sq.ft. Two or more 1,200 sq.ft. bedrooms Fraternity or Sorority 500 so.ft.Der resident (D) Density. Units per acre 4 to 24 (E) Setback regulations. Front 30 ft. Front,if parking is allowed between the right- 50 ft. of-way and the building Side 10 ft. Side,when contiguous to a residential district 15 ft. Rear,without easement 25 ft. December 6,2004 Board of Adjustment BOA 04-1339 KAReports\2004\l30A Reports\12-06-04\BOA 04-1339(Zweig-Hudgins).doc Page 1.6 of public alley loft. (F) Height regulations. There shall be no maximum height limits in R-0 Districts, provided, however, that any building which exceeds the height of 20 feet shall be set back with any boundary line of any RSF or PJVIF District an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot,the area occupied by all buildings shall not exceed 60%of the total area of such lot. (Code No. 1965,App.A.,Art.5(x);Ord.No.2414,2-7-78;Ord.No.2603,2-19-80;Ord.No.2621,4-1-80;Ord.No.1747,6-29-70; Code 1991,§160.041;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99) December 6,2004 Board of Adjustment BOA 04-1339 K:\Reports\2004\BOA Reports\12-06-04\BOA 04-1339(Zweig-Hudgins).doc Page 1.7 Mark C.Zweig C/O Garth Hudgins 1889 E. Mission Blvd. Fayetteville,AR 72762 November 15, 2004 Chairperson Board of Adjustment City of Fayetteville Fayetteville,Arkansas 72701 Re: Planned improvements on 59 E. Prospect Street, Fayetteville,Arkansas Dear W/Ms. Chairperson MY name is Mark Zweig,and I am purchasing the property at 59 East prospect Street in Fayetteville,Arkansas. It's an old stone house built in 1935 that faces College Avenue with a driveway that comes off of East Prospect. You can barely see the place. I have asked my architect,Mr. Garth Hudgins,to appear in front of your Board of Adjustment ask for a variance to do what we want to do. The property is zoned RQ,which allows.for light corn 0 us tw am I .mercial use r e as a o-f i y. I have plans for neither of those things,and instead plan On living in the house with my wife and two teenage daughters. What I want to do is put up a new 31 by 32-foot two car garage with art studio(my wife is a painter and landscape architect and I am going to be a professor at The U.of A.) above in the northeast comer of the lot,with the garage facing prospect. Itwill be a nice little building,designed to look like a craftsman style bungalow,and made ofstone and red cedar shingles,which should fit in well with my existing house and the entire neighborhood. We want to put this building a little closer to the street(about ten feet closer to the front Of my let)and a little closer to the side property line(6 ft. vs. 10 ft.oil the sideline)that zoning allows. The reason for this is so I can save a big magnolia tree, preserve some yard space for my kids,and help screen out the noise and traffic from College Avenue. On the College Avenue side of this property line is the retaining wall and a chiropractic office. The owner of the chiropractic office as well as the house across the street on East Prospect have already returned letters to us stating they have no oklection.s to our improvements, We also want to add on a second story office and rebuild my existing garage. This garage is already non-conforming with the side line and the addition won't change that. December 6,2004 Board of Adjustment BOA 04-1339 Page 1.8 Chairperson Board of Adjustment City of Fayetteville Fayetteville,Arkansas 72701 Page 2 Last, I want to add a now master bath and closet onto the south side of my house. It will, be made Of compatible stone and red cedar as well and be perfectly integrated with the architecture Of the existing house. This addition 11 co eet fr m xist side of my house. The rear set back will place th wi m,e out ten f o the e , ing e wall of my addition about 9 feet off the property line. On the Other side of this line is a parking lot for a legal office that is on the property- The entire house and yard are going to be cleaned up. There will be significant new landscaping. Hopefully, passersby on East Prospect will get a new view of the front of the house when this work is completed. And,we are going to put up a 6-8 foot wooden stockade fence on all but the stTeet sides of the property to further cut down on noise and increase privacy for all. We feel that granting this variance request will improve the quality of life for all in the neighborhood. We are trying to reconstruct a site that was significantly altered at some point in the 1950s or 1960s when its front yard was effectively carved out to build the chiropractic office—this is unique to this Property. The Property is already non- conforming as are many others in the neighborhood that were built prior to zoning regulations going into effect. Literal interpretation of the zoning regulations would require us to build our garage and studio in an area that would most likely require us to cut down a large,old magnolia tree,and we are trying to preserve that as well as have some yard for our existing and potcritial future children to play. The proposed location of the new garage and art studio will help screen out road noise ftorn our property as pushing it as far as we can into the Northeast corner of the site will screen road noise coming from the street where there are no trees or other natural sound barr iers. We cannot see how there will be any noise, visual,Or use impacts on the adjacent properties. This Project will instead improve the quality(and value)of neighboring properties, Thank you very.much for considering my request. If you have any questions or would like to discuss this project with me at any time,Please either address them to my architect, Garth,Hudgins, who will be acting as my representative at the hearing,or call me directly at 508.380.0469(cell). 11inlerely, Mark C,Zwei Wei December 6,2004 Board of Adjustment BOA 04-1339 Page 1.9 JENNIFER OErZEL 815 POLLARD PR-765-03824-000 PROSPECT DRIVE OEM P" --\J PON," C— T "//v�N - — — — — — 30, TRACK POP NEW ............. :j b 0 �gr ku !, EXISTING kG GAR, ,Z 0 732-SA� GARAGi�� 550 Sif vl�j ,10 (P EXISTING 'Ail RESIDENCE F BUILT 1934 j 3166 S.F. PR-765-03868-000 L L — — — — — - -- — — — — — — — — 25' _SE-LBAM v ME �PRC 11 E FI ................ 5� 'T 'A K,&kPZIV�0", .......... 0 69--oljo NEW CONSTRUMON APPROVAL 1-Z NO RESPONSE December 6, 0)s justpept I LE, V- - 4-VI91/ 1.10 FROM DOUGLRS G. HBUNWRY PLS PHDNF NO. : 5015215692 Oct. 07 2M4 08:WRM P,3 PLAT-OF-SURVEY LOCAJ10N MAP z NOTE: TWS PROMTY�W IN THE 100 YEAR FLOOD PLAIN ACCORDING TO THE FIRM MAP OF FAYETTEVILLE,ARKANSAS, DATEDJULY21,19WONFANELNO. 05143COMft R- W "Pa-91 "or' 114 01409 eiz-W ol F� Alepll"fe-ps, lb R POP 44 K louluo", SUffl=DESQRlft- JON ......... APAILTOIFLOTSiAND2DiBLOCK17ASSWWNCN AJ-TRENTS REVISED PLAT OF crry PARK ADDnION To THE CrIT OF FAYETMVILL9 ARKANSAS,ON FILE IN THE .852 OF=OFlMCIR=aJMKANDEXdMCIORW4RDER '(WWASIMOTONCOUNTY ARKANSAS, ANDTHEZASTE[ALFOF A-1619WVACAM -EY BEING DESCRIBED AS BEGINNING AT DAII AF90D M0_NM'q_VlEXN IS NWI 1'32"W 73.00 FEET FROM THE SEC(INEXPOPMOWTI; 7H8NMSe3Q3l'W`7S.D0FEBTTOA FOUARIXONPIN; THENM ALONGICHESOUTHLINSOFSAIDLOT2, NM*SM*W 139.76FEETTOAFOUNDIRON IqN, LMEND TFIENCEAIAMTHECENTERLINE OF AVACATED 1006TALM, M*47&JSM 151,92VEEI TOAFOUNDUMPIPE; —FOUND 4RON THMMALONGTHEMKTHL]NI3 OF SAM LOT i,sWil-32%11714 FEET A -1 TO _6wlAL!!QST.. OF"__JM&GP.0S�T THENM SeOZ%7'E 74,55 FEET TO TBE POINT f 6 ---WONff*fflKER FENCE DOUGLAS G.HEMINGWAY PROMSIONAL LAND SURVEYOR 4420 W.TRILLIUM LANE FAYETTEVILLE,ARKANSAs December 6,2004 72704 Board of Adjustment BOA 04-1339 Page 1.11 gj Mg i-�, L BOA04-1339 ZWEIGMUDGINS One Mile View RSF4 1 R� R R4 R, 1/,/ �RSFA SF C-2 F4 R RM F-�4 es C�2 —SY RSF4 F4 04 v J6 Rs, R--- SUBJECT PR )PERTY F-2 C-2 2' RS§N� F�SF I Z RSFT�' R4V,' Cit IME4 RMF r# RsR:1 RSF-4' 1', 2, 77 P77,-- i -45 --j- ,--r� P §F C-1 J_ SF T1 RSF� SIF f�F4 4-- RMF�Ki, -�Ii 7� 4 dV, i� C- �RIVF40 0 ;.tR, PA E� 1 �,,-tovFQ4 --uSF4- r,R -FSF-.4 L 40, 1 2f ASF4� --�sjF, -'c - -2f -TL lMF FMF-40 �RSF4i I-, �*F(�"" 1 P-1 �;� -- , - - RSF4 RSF VA�DR- R RMF-Z! L-ij,14 i 1��-- P-1 (L 9 Do q L A if� SF, lr-,l T RsF-��4 P-1 RMF40 *p Ri f R F 24 c,o. T- � I ��- rAMF-24 P-1 P-1 411 RW40, �T �,MRN -R, R-0 1�0 0 RSF4 D, 'q qF-kW I -R--._ RW-24 C�2�� OF P-1 R R� 4�- P-1_ P-1 Mr' 4o 24 -1 cl, 24 4 :i�:- ..4 Overview Legend Boundary Master Street Plan ------ Subject Property PlanningArea Master Street Plan BOA04-1339 P.... Freeway/Expressway Overlay District Principal Medal Outside City MoOrArtedial Collector ------- ---- 0 0 0 0 Historic Collector December 6,2004 0.0.,08.10.24.32 Board of Adjustment BOA 04-1339 ax3ms==m Miles Page 1.13 BOA04-1339 Close Up View ZWEIGMUDGINS 0�2 cumsum K F-4 RPZD RSF.4- A C' EJ 4 .2 C RSF. IMPE] T I i RSF-4 ED RS�4 SUBJECT PROPERTY 0 pR f OSPE� ORO PE A EB 0 S UR ZnF4' RMF C-2: RSF-4 EM C-2 "N' NMI -2 R�O RMF :I:D! C-2 u, RSF-4 L UTSEST > ... .... .... C.2 __A 'M F1 Overview Legend O�H,DiI Pinncipal A"nal FLOOMM ---MOY�R MEE BOA04-1339 MaAerStmeI Mmi-Aftin.1 — 100Y�R ---LIMITOFSTUDY MasterStmetPlan == �11I=r — — -BmeI FremayMxp,,IIaway 0 0 0 0 Histodc WleMr =Fayetteville f7 7 OuWde"i" Diclember 6,2004 Board ofAdjustment BOA 04-1339 0 75 150 300 450 600 Page 1.14 FAYETTEVILLE BOA Meeting of December 6, 2004 TITE CITY OF FAYETTEVILLE,ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Leif Olson, Associate Planner THRU: Dawn T. Warrick, AICP,Zoning &Development Administrator DATE: November 23, 2004 BOA 04-1340 (DAVIS, 563): Submitted by JANET DAVIS for property located at 1005 WOOD AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.26 acres. The request is for a front setback of 18' 2" (a 6' 1 0"variance). Planner: LEIF OLSON RECOMMENDATION: Staff recommends denial of the requested front setback variance as shown on the attached site plan (survey) based on the findings herein. BOARD OF ADJUSTMENT ACTION: 0 Approved 0 Denied Date: Decembm6,2004 BACKGROUND: Property description: The subject property is located at 1005 Wood Ave. Currently a 1,380 square foot single-family home is located on the property, which is Lot 1 of the Eastgate Addition. The lot consists of approximately 11,250 SF, which complies with the minimum allowable lot area in the RMF-24 zoning district for a single family home (6,000 SF). It also has adequate frontage onto Wood Ave (75' /60' required.). Proposal: The applicant requests a variance for the addition of a carport structure which will encroach upon the 25' front building setback line. Request: The request is for a front setback variance of 6' 10", resulting in a 18' 2" setback along the front(east)property line. Recommendation: Staff recommends denial of the requested variance for the structure as it is currently proposed. K:\Reports\2004\BOA Reports\12-06-04\BOA 04-1340(Davis).doe December 6,2004 Board of Adjustment BOA 04-1340(Davis) Page 2.1 Ordinance Requirement Applicant's Request Front Setback (south) 25' 18' 2"(a 6' 10"v iance) SURROUNDING LAND USE AND ZONING Land Use Zoning North Single-family residential RMF-24, Res. multi-family, 24 units/acre South Head Start RNff-24, Res. multi-family, 24 units/acre East Single family residence RMF-24, Res. multi-family, 24 units/acre West Vacant RMF-24, Res. multi-family, 24 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: The subject and surrounding properties adjoin a 401 right of way and require a 251 front building setback by zoning ordinance. There are no special conditions or circumstances exist which are peculiar to the land or structure that are not applicable to surrounding properties and buildings in the same district. All existing structures located on Wood Ave. to the north of this property appear to meet the 251 front setback requirement. 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 deprive the applicant of rights that are commonly enjoyed by other properties in the same district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The applicant's lot area is larger than the minimum allowable in this zoning district. No special conditions exist. 4. No Special Privileges. That granting the variance requested will not confer on KAReports\2004\B0A Reports\12-06-04\BOA 04-1340(Davis).doe December 6,2004 Board of Adjustment BOA 04-1340(Davis) Page 2.2 other lands, structures, or buildings in the same district. Finding: Granting the requested front setback variance would confer special privileges on the applicant. 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 other 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,December 6, 2004. 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 requested front setback variance is not justified by the reasons set forth in the application. The applicant may want to consider locating the structure to the south side of the home,which could possibly meet the minimum setback requirements. b. 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 variance would not be in harmony with the general purpose and intent of zoning regulations. The proposed location of this structure would alter the appearance of the neighborhood as viewed from Wood Ave. It would be the only home in the immediate area to have a structure extending into the front setback. KAReports\2004\130A Reports\12-06-04\130A 04-1340(Davis).doe December 6,2004 Board of Adjustment BOA 04-1340(Davis) Page 2.3 C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in cotifbrmity with the zoning regulations. Finding: Reasons set forth in the application do not justify granting the requested variance. Staff recommends denial of the 6' 10"front setback variance request. d. 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 existing structure is a single family home, a use permitted by right in the RMF-24 zoning district. 161.13 District Pd%IF-24,Residential Multi-Family—Twenty-Four Units Per Acre (A) Purpose. The RW-24 Multi-family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitteduses. Unit 1 City-wide use by right Unit 8_ Single-family dwellings Unit 9_ Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-family dwellings (2) Conditional uses. Unit 2 City de uses by conditional use permit Unit 3_ Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit I I Manufactured home park Unit 25 Professional offices Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. 4 to 24 (D) Bulk and area regulations. (1) Lot width minimum. K:\Reports\2004\BOA Reports\12-06-04\BOA 04-1340(Davis).doc December 6,2004 Board of Adjustment BOA 04-1340(Davis) Page 2.4 Manufactured home park 100 ft. Lot within a Manufactured 50 ft. home park Single-family 60 ft. Two-family 60 k Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a mobile home 4,200 sq.ft. park Townhouses: *Development 10,000 sq.ft. *individual lot 2,500 sq.ft. Single-family 6,000 sq.ft. Two-family 7,000 sq.ft. Three or more 9,000 sq.ft. Fraterm oron 2 2ares rofe's W I acres Loarl Lffice (3) Land areaper dwelling unit. Manufactured home 3,000 so.ft. Apartments: *No bedroom 1,700 sq.ft. *One bedroom 1,700 sq.ft. -Two bedroom 2,000 sq.ft- Fraternity or Sorority 1,000 sq-ft.per resident (E) Setback requirements. de Rear ft, if 25 ft. :J 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. (Code 1965,App.A.,Art.5(HI);Ord.No.2320,4-6-77;Ord.No.2700,2-2-81;Code 1991,§160.033;Ord.No.4100,§2(Ex.A),6-16-98;Ord. No-4178,8-31-99) KAReports\2004\B0A Reports\12-06-04\BOA 04-1340(Davis).doc December 6,2004 Board ofAdjustment BOA 04-1340(Davis) Page 2.5 Chair Of The Board: My name is Janet R. Davis and I reside at 1006 Wood Avenue here in Fayetteville. I am requesting a variance on the property line on my resident so that I can have a carport installed. The carport is a metal carport with metal posts with an attached roof. The company will install this. The carport would end up being 6 feet, 10 inches inside the 25 foot variance line- The carport is 20 feet long and 12 feet wide,just a little over the width of my concrete driveway. The installation of this carport would not put me at an advantage over the other residents in my neighborhood, as most of them either have a garage or carport already on their homes. There are just a few homes that do not have one, due to the fact that their carport or garage has been converted into another room onto the house. The only person this would benefit would be me and my car, to help keep it fairly nice and out of the weather. I have tried my best to draw the diagram the way it was requested. If you have any questions, please call me, and I do realize that you are very busy, but I would really like to have this installed. I appreciate your consideration of this matler, Sincerely, J December 6,2004 Board of Adjustment BOA 04-1340(Davis) Page 2.6 Cl)0 Al :0 '(D z 0(It December 6,2004 Board of Adjustment BOA 04-1340(Davis) Page 2.7 �W@OPE AV w E cl 0 0 ?"MON _082 ID 30 15 0 30 Fee t Decemb 200 Board of Alk� stmen BOA 04-13 avis BOA 04-1340 Close Up View DAVIS Lan 1 RM�24 RMF-24 RMF�24 LV W, SUBJECT PROPERTY rg RMr-24 N A�LLCKM-D,R 0. Overview Legend ��YDWdd M��rSt�Mw ROODWAY 6.Y�R y 1.��R -- .- LIKT�WUY fflM BOA 04-1340—F--'Y�P— 0 �NndplMeflal �inepla.le r ..I Fa yetteville December 6,2004 Board of Adjustment 325 162.5 0 325 Feet BOA 04-1340(Davis) Page 2.9 BOA04-1340 JANET DAVIS One Mile View i RJ�F� .24 P-I -T :�y F7 ;L -V -fl Do V F 0 RN 6-3/r�;�- V1724-Jiii Mi 17 &-t'T0�4- 'it 4t- Ir jt' Ric, I R,1`1�4-IRSIii �OTZTM 1 07 4;2M Go ,M��4�4 WE 0 R —wor- V J- f,�, /Q esi 1.1.4 Ei -24 1�24 C-21 �,Gi RW-24 Sl 1B IECT PROPE 1, HUNTSVILLE RD P RTY RSF4 FtSii > pi i0di 4 -J� Ri MF-24 RM... 1L iEH P I �q # �,i R-0 RSF IRP, �rMF-24 .1- 2rt, 2if C-2 z %2 MF-24 J-, F-24 R F F- 0.1 2 VMF1 IN-0 -241 c 1 kA 6- i4 r� R Mi Rai Inn 9 C-1 X1 C-2 19THST 19HM`VW R -24 f-2 ME RT-12 R it L EW DR RSF41C L i 1-2 1-2 F 7 11 1-2 4 — F-24: i 4 .........I Overview Legend Boundary Master Street Plan Subject Property 'N� Planning Area Master Street Plan BOA04-1340 Freeway/Expressway Overlay District Principal Arterial Outside City Min.rAftei F-1 Collector 0 a 0 Historic Collector December 6,2004 0. Board of Adjustment 0 0.1 0.2 0.4 6 0.8 BOA 04-1340(Davis) Miles Page 2.10 ie 7ave I 'eV i K A NIS A A THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PIANNING F)TVTSTON CORRFQPONF)FNCF Telephone:(479)575-8267 TO: Jill Goddard, Land Agent FROM: Suzanne Morgan, Associate Planner DATE: December 1, 2004 SUBJECT: Lowe's warranty deed Jill, The attached is a revised warranty deed and the original with your comments. Please let me know if they have made the required revisions. Thank you, Suzanne Morgan