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Home My WebLink About2004-12-20 - 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 20,2004,3:45 p.m. Room 326, City Administration Building The following items will be considered: Approval of Minutes from the 11/08/2004 meeting. Now Business: 1. BOA 04-1339(ZWEIG/HUDGINS,445): Submitted by GARTH 14UDGINS 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: NL4RKZVrEIG 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 R?SAF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.26 acres. The request is for a reduced side setback to accommodate a new carport. Planner: LEIF OLSON All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data an,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 hearings;72 how notice is required. For Rather 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) I 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 (Chairman) Michael Green Robert Kohler James Kunzelmann Bob Nickle Joanne Olzewski ARKANSAS BOA Meeting of December 20, 2004 125 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNTNG DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Leif Olson, Associate Planner THRU: Jeremy Pate, Interim Zoning and Development Administrator DATE: December 13, 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 tile 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: 1. 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. December 20,2004 Board of Adjustment BOA 04-1339(Zweig/Hudgins) Page 1.1 -0-AP Y .1-02bented WIT,Slrr��' 'K: D'� 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 I 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 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(cast) 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 residc -farmly, 4 units/acre South Attorney Office December 20,2004 Board of Adjustment BOA 04-1339(Zweig/Hudgins) Page 1.2 hiropractic Office Res./Office West Single family residence 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: 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. Staff finds that the variance request to allow for 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 December 20,2004 Board of Adjustment BOA 04-1339(Zweig/Hudgins) Page 1.3 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 act-ons of the applicant. Finding: The non-conforming 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. December 20,2004 Board of Adjustment BOA 04-1339(Zweig/Hudgins) Page 1.4 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. 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. 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 finds 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-O,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, to.gether with community facilities, restaurants and compatible residential uses. December 20,2004 Board of Adjustment BOA 04-1339(Zwe"udgins) Page 1.5 (B) Uses. 1.) Permitteduses. -Unit I City-wide uses by right Unit 5 Government facilities -Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 11 Manufactured home park Unit 12 Offices,studios and related services Unit 25 Professional offices (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 8,000 sq.ft. EFraternity orSorodty _ =1 (3) Land area per dwelling unit. Manufactured home 3,000 sq.ft. Townhouses&apartment� No bedroom 1,000 sq.ft. One bedroom 1,000 sq.ft. Two or more 1,200 sq.ft. bedrooms Fraternity or Sorority 500 sq.ft.per resident December 20,2004 Board of Adjustment BOA 04-1339(Zweig/14udgins) Page 1.6 (D) Density. Units per acre 4 to 24 (E) Setback regulations. Front 30 ft.. Front,if parking is allowed between the right- 50 ft. —I-way and the building Side 10 ft. Side,when contiguous to a residential district- 15 ft. Rear,without easement or alley 25 ft. -Rear,from center line of p�lblc alley 10 ft. (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 RW 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.24521,4-1-80;Ord.No.1747,6-29-70; Code 199 1,§160.04 1;Ord.No.4 100,§2(Ex.A),6-16-98;Ord.No-4178,8-31-99) December 20,2004 Board of Adjustment BOA 04-1339(Zweig/Hudgins) Page 1.7 Mark C.Zweig CJO Garth Hudgins 1889&Mission Blvd. Fayetteville,AR 72762 November 15,20W Chairperson Board of Adjustment City of Fayetteville Fayetteville,Arkansas 72701 Re: Planned improvements on 59 E.Prospect Street,Fayetteville,Arkansas D=MrJMs.Chairperson MY name is Mark Zweig,and I am Purchasing the property at 59 East prospect Street in Fayetteville.Arkansas. It's anold-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 RO-,which allows for light commercial use or use as a two-filmily. 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 anew 31 by 32-foot two tar garage with art studio(my wi e above in the northeast coiner of the lot,with the garage fac* The U.of A.) is a painter and landscape architect and I am going to be a professor at f ing prospect. It will be a nice little building,designed to look like a craftsman style bungalow,and made of stone 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. & a - The mason for d is is so I can save a big magnolia tree, the sideline) that zoning allows u vs. 10 0 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 I and a chiropractic office. The owner of the chiropractic office as well as the house wal the street on East Prospect have already returned letters to us stating they have no across Objections to our improvements, We also want to add on a second story o lee d rebuild my existing ge. This garage is already non ff art gain -conforming with the side line and the addition won't change that, December 20,2004 Board of Adjustment BOA 04-1339(Zweig/Rudgins) Page 1.8 Board of Adjustment City Of Fayetteville Fayetteville,Arkansas 72701 Page 2 Last I want to add a now master bath and closet on I to the South side of my house. be made of compatible stone and red cedar as well and be perfe it will architecture of the existing house. This addition will come out CtlY integrated with the ten f side of my house. The rear set back will place the wall eet from the existing of my addition about 9 fret off t the Property line. On the Other side of this line is a Parking lot for a legal office that is on he 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 fiont of the house when this work is completed. And,we are going to Put up a 6-8 foot wooden stockade lence increase Privacyon all but the street Sides of the Property to finther cut down on noise and for all. Vle 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 b t prior to ni no zo ng re"ations 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 am ttying-to Preserve that as well as have some yard for our existing and potential future children to pl . epo s I tio of the new garage and art studio will help screen out road noise aY Th r po ed oca n from our property as Pushing It as fat as we can into the Northeast comer of the site!will screen read noise coming from the Skeet where there are no trees or other natural sound ba ie . W cannot see how there will be any noise,visual,or use im rr FS C This project will instead improve the quality(and value)Pacts on the adjacent properties. 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 architcct�Guth Hud$ins, who will be acting as my representative at the hearing,or cal I me directly at 508-380-0469(cell). Mark C.Zwci vCi December 20,2004 Board of Adjustment 130A 04-1339(ZNveig/Hudgins) Page 1.9 McKINNON LAW FIRM 740 Lollar Lane,?.0-Box 1127, FayettmilleAk 72702-1127,479/521-1555.479/521-4812facsimil� LAURA.Y.A&KMON Anorney at Law �doffl. Decembei-6,2004 EwzM—ft— VLA: PHONE FACSIMILE, 521-0660 and U.S. MAIL Garth Hudgms 1889 East Mission Blvd. Fayetteville,AR-72762 Re: Planned Construction on 59 East Prospect Street, Fayetteville Dear Mr. Hudgins: you for laldrig the time to explain your client's intentions in to sg��,-Aya� c the in riling. I have taken your Ze =r , above listed property this o drawing,and the information you provided me with on the phone, and examined the affected area of the lot between the two properties.I then discussed my findings with Ms. Laura McKinnon, owner of the Law Firm and the land south of Mr.Zweig's lot.In short,the McKinnon Firm has no objections to Mr. Zweig's plans, and welcomes him as a neighbor. W�gftl� ftd.�Nql,. I am enclosing a copy of Ms.McKinnon's business card should you or Mr. Zweig ever have need to contact her directly. Thank you for your kind assistance with this matter. Sincerely, MCKINNO N rx—Ftl ftlid C. Lan gdori C f vcs hfief Ks " ator T-IMM.M�Cww RunclivB1.01k.: 615 W.'R"Stft;P.O.B"203),R.UVOIC.AR 72801,4791967-5555.4791967-5172 fax December 20,2004 Board of Adjustment BOA 04-1339(Zweig/Hudgins) Page 1.10 JENNIFER O=L 815 POLLAW PR-765-0382+000 PROSPECT DRIVE 6' 0 �W 30' rtNSETRACK NEWI ib- Jr A!� I EXISTING G AMG "G 73 5 S 50 Ff Ul Vill EXISTING RESIDENCE 9 BUILT 1934 t 3166 S.F. PR-765-03OW-OW LL ——— — —— — ——— — — —— - NEW CONSTRUCTION APPROVAL December 20,2004 1 if = zo Board of Adjustment BOA 04-1339(Zweig/Hudgins) Page'l.11 FROM : DOUGLAS G. HEPUNG!" PLS PHONE NO. : 5015215692 Oct- 07 2004 08:0SAM P,3 PLAT-OF-SURVEY MAW MW PROMWt=IN TRE 100 YEAR*WW K" ACCORDING TO THE FM MAJ?OF FAYETrEVRIJE,ARKANSAS, DATEDJULY21,19WONPANELNG. 05143COMD. R- -W Jr-py,ov it'.4 x to Ad A/Of-111.1a-,W ell t ulk I APART Of LMI AND 2 IN BLOM 17 As sMWNON /-'kATF OF AJ-TRENn rimm PLAT OF crry PARK ADDmm f ARICANSAI��\ TOMW=YOFPAYfffT9VlIlEARKAN$AS ONFREINIHE NO.$32 00=4-T&CBK=a.VRK AND EX RBCOUMM "WIVASM0764COUNTY,ARKANSAS,ANDTIMEASTHAtFOF A BEC0NNINOAT 9QK—MXWJEM Is No"i 1!3rw 7too Em FROM um 7H8NM8Q'3Q3I'W75.0QFEETTOA FOuNDJRONPv;. lwe4m mmNnTmsDvrALvWcrsAmLor4 )W'W4'PVI39?6F=TOAFOIJNDJRONM �Eezyi 1URKEAUMTRE CM4TMLINE OF A VACATED '"ODVALLEX Nr4M`E 151-92 FEET TO AFOUND UM PIPE; 0 —FOUND IRON THENM AWMJ*MNnRTR EJNE OF SAM LOT 1.SWIH-32`13 11714 FEET TO ' :A ---!A-A2TAL POST THMM Sd`W47�1174-55 FEET TO THE POINT .. .. .. N ---WONF-VARKER FENCE DOUGLAS 19�HEMINGWAY e b PROFESSIONAL LAND SURVEYOR couUm. 4420 W-TRILLIUM LANE VAYETIEVILLE.ARKANSAS December 20,2004 Board of Adjustment 4-1339(Zweig/Hudgins) Page 1.12 sh35719.gif(GIF hnage,6OOx387 pixels) file.-///CA)o�ents��/`2Oand*/`2OSettings/prOVDe*Wsh35719.gif % ew 56 Mo-I December 20,2004 Board of Adjustment Of I BOA 04-1339(Zweig(Hudgins) Page 1.13 BOA04-1339 One Mile Vie I w ZWEIGMUDGINS �-24 W LI-114 4- C-2 SUBJECT PROPERTY i"17, LIN T P-1 R�! ell 1-71 24 R Ki,L-L.L! ,4m 2 Overview Legend Boundary Master Street Plan ------ Subject Property Planning Area Master Street Plan BOA04-1339 O�ediy District —Femay/E�.�.y �Pmclpatmerfal [Ell Outside City —lArta-ArtMal collects, ------ ....Historic Cdl.tr December 20,2004 Board of Adjustment 0.0.,@8.10.24.32 OA 04-1339(Zweig/Hudgins) aiommu:::� Miles Page 1.14 mg, es A I f g 0 y A E AX ARKANSAS BOA Meeting of December 20, 2004 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: Jeremy Pate, Interim Zoning & Development Administrator DATE: December 14, 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 side setback of 5'. Planner: LEIF OLSON RECOMMENDATION: Staff recommends approval of the requested side setback variance as described in the staff report with the following condition(s): 1. No expansion or reconstruction of the existing structure,without Board of Adjustment approval, shall occur within required setbacks as established by zoning,with the exception of that noted herein. AW R STMEXT Ak I N: 0 App ie Date; �D_,ecemtber,20.12604 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 I 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.). December 20,2004 Board of Adjustment BOA 04-1340(Davis) Page 2.1 Proposal: The applicant requests a variance f6r the addition of a carport structure which will encroach upon the 8' side building setback line. Request: The request is for a side setback variance of 3' resulting in a 5' setback along the side (south)property line. The applicant proposes the addition of a 12' carport to be constructed V from the south side of the existing home. Currently there is 18' from the home to the side (south)property line. Recommendation: Staff recommends approval of the requested variance for the structure as it is currently proposed. Ordinance Requirement Applicant's Request Side Setback (south) 81 5' (a 3' variance) SURROUNDING LAND USE AND ZONING Land Use Zoning North Smgle-family residential RMF-24, Res. multi-family, 24 units/acre South Head Start RMF-24,—Resmulti-family, 24 units/acre E—ast Single family residen—ce —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: While the lot meets all bulk and area requirements for the RMF-24 zoning district, the location of the existing dwelling does not make it feasible to locate an accessory structure accessible by vehicles within the required setbacks. 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 deprive thtecember 20,2004 Board of Adjustment BOA 04-1340 01)avis) Page 2.2 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: Special conditions or circumstances do not result from the 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 side setback variance would not 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 20,2004. 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 side setback variance is justified by the reasons set forth in the application. The request for a variance of 3' is the minimum variance that will make possible the reasonable use of the home. December 20,2004 Board of Adjustment BOA 04-1340(Davis) Page 2.3 b. Harmony with General Purpose. The Board of Adjustment shall fimilier 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 be in harmony with the general purpose and intent of zoning regulations. The proposed location of this structure would not alter the appearance of the neighborhood as viewed from Wood Ave. 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: Reasons set forth in the application do justify granting the requested variance. Staff recommends approval of the 3' side 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 RMIF-24,Residential Multi-Family—Twenty-Four Units Per Acre (A) Purpose. The RW-24 Multi-family Residential District is designed to perinit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitteduses. I I -wide uses by right Unit 8 Single mily dwellings unit—9 1 wo4amjjy dweiiings -Unit 1—5 e lin Unit 26 Multi 2991 (2) Conditional uses. December 20,2004 Board of Adjustment BOA 04-1340(Davis) Page 2.4 Unit 3 Public protection and utility facilities Unjt4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 25 Professional offices Unit_24 occupations (knit_36 _W�reless communications facilities (C) Density. Units per acre 4 to 24 (D) Bulk and area regulations. (1) Lot width minimum. [Manufactured home park 100 ft Lot within a Manu:factured 50 ft. ho Eme:pa r kI Single-family 60 ft. Two-family 6 0 7Mft. Three or more 90 ft. Professional Roffices (2) Lot area minimum. Manufactured home park 3 acres Lot within a mobile home 4,200 sq�ft. .FEpark 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. rrateEn,:Lor,§Orority 2 acres 1 acres Profess a T,,e7 i__J (3) Land area per dwelling unit. red home Apartments: *No bedroom 1,700 sq-ft. -One bedroom 1,700 sq.ft. -*Two bedroom 2,000 sq.ft. Sorority -Fraternity or 1,000 sq.ft.per resident (E) Setback requirements. Front Side Rear 25 ft. ft- 25 ft. 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. December 20,2004 Board of Adjustment BOA 04-1340(Davis) Page 2.5 (G) Building area. None. (Code 1965,App.A.,Art.5(M);Ord.No.2320,4-6-77;Ord.No.2700,2-2-81;Code 1991,§160.033;Ord.No.41W§2(Ex.A),6- 16-98;Ord.No.4178,8-31-99) December 20,2004 Board of Adjustment BOA 04-1340(Davis) Page 2.6 Chair Of The Board: My name is Janet R.Davis and I reside at 1005 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 matter, Sincerely, J December 20,2 004 Board of Adjustment BOA 04-1340 01)avis) Page 2.7 CD 7,50 cr ber 2 004 ,Taea Adju t ent 1340 vis) P 2.8 BOA04-1340 One Mile View JANET DAVIS RSF4 =...... ...... RAF— -- ----- -44 fi, % 24 R 3 T 0 SUBJECT 13, HI=K I Y HU VILiz R i b F R�4 R&�A tsi�4 P-1 RW ij RW2� Ig 4 �24 �12 EW D�F. R-A "-12 ---- -- -------- I, T— �2 4 �-24 f r I A7 –71 Overview Legend Boundary Master Street Plah Subject Property Planning Ama Master street Plan BOA04-1340 F—ay/Eises&Way Overlay District Prindpal ArtMid Outside City WmArterial cofle,lm I------ - 0 His�c Cdl�or December 20,2004 Board of Adjustment 0 0.1 0.2 0.4 0.6 0.8 BOX 04-1340 ODavis) mMiles Page 2.9 BoA o4-1340 Close Up View DAVIS - z' EM RMFw24 RW-� PROPtRTY ON WCUWON dWA dW RMF24 U uf dft AWM Overview Le�d nMOWAY MMBOA04-1340—F,—Y)E�---� �ummuw, E-1 Fa yefieviffle December 20,2004 325 162.5 0 325F� Board of Adjustmedt BOA 04-1340 03ayis) zz:zlm� Page 2.10