HomeMy WebLinkAbout2010-01-04 - Agendas Tayve e i i e
ARKANSAS
The City of Fayetteville, Arkansas
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
MONDAY,JANUARY 4, 2010 of 3:45 p.m.
Room 11 I, City Administration Building
The following items will be considered:
1. Approval of the minutes from the December 7, 2009 meeting.
New Business:
2. BOA 09-3492 (LEON GREGORY, 434): Submitted by BATES & ASSOCIATES for
property located at 7205 & 7211 W. WEDINGTON DRIVE. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 0.64 acres. The request is
for variances from the lot area, width, and setback requirements.
Planner: Data Sanders
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other
pertinent data are open and available for inspection in the office of City Planning(479-575-8267), 125 West Mountain Street,
Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD(Telecommunication
Device for the Deaf)are available for all public hearings;72 hour notice is required. For further information or to request an
interpreter,please call 479-575-8330.
Tayetrlle
ARKANSAS
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.
2010 Board of Adjustment Members
Robert Kohler (Chairman)
Sheree Alt
William Chesser
Robert Nickle
Mark Waller
Steven Bandy
Kristen Knight
Board ofAdjustment
December 7, 2009
Page l of 5
MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on December 7, 2009 at 3:45
p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: September 14,2009 Approved
Page 2
BOA 09-3477 (Jorgensen/620 N. Whitham, 444) Approved
Page 3
BOA 09-3479 (Mullins/120 Martin Luther King,523): Approved
Page 4
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Steven Bandy
William Chesser
Robert Kohler
Bob Nickle
Mark Waller
Kristen Knight
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
Jason Kelley
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
January 4,2010
Board of Adjustment
BOA MINUTES 12-07-09
Agenda Item#1
Page 1 of 6
Board of Adjustment
December 7, 2009 ,
Page 2 of 5
Approval of the September 14, 2009 Board of Adjustment meeting minutes.
Motion:
Board Member Bandy made a motion to approve the minutes from the September 14,
2009 Board of Adjustment meeting. Board Member Waller seconded the motion.
Upon roll call,the motion passed with a vote of 7-0-0.
January 4,2010
Board of Adjustment
BOA MINUTES 12-07-09
Agenda Item#1
Page 2 of 6
Board of Adjustment
December 7, 2009
Page 3 of 5
BOA 09-3477 (JORGENSEN/620 N. WHITHAM, 444): Submitted by BLAKE
JORGENSEN for property located at 620 N. WHITHAM AVENUE. The property is
zoned RMF-40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.13
acre. The request is for a variance from the lot area requirements to allow a property line
adjustment.
Andrew Garner, Senior Planner, discussed the background on the previous variance
request and the current request to move the property line to follow the existing fence line.
He discussed that the fence has been in place for a number of years and staff recommends
in favor of the variance to permit the property line to be adjusted to follow the fence line.
No public comment was presented.
Board Member Waller asked about the recommendation from staff in the earlier
variance request to create straight property lines, and that this request would create a
jogged property line.
Garner discussed that it is staffs typical recommendation, and as discussed in the City's
Unified Development Code, to establish straight, logical property lines at 90 degrees to
the street and to avoid jogs. In this situation staff felt that the since fence has been in
place since the 1930's it has been seen as the property line. Staff feels that this is a
reasonable request for the property line to jog to follow the fence and will help avoid
confusion among future owner's regarding the property line location.
Board Member Chesser asked about the previous lot split, the fence, the proposed
property lines and building setbacks.
Blake Jorgensen, applicant, referred to the survey and indicated the old and proposed
property lines and the building setbacks. He also discussed the previous variance requests
and that he should have realized that this particular property line should have followed
the existing fence line. He is now planning to build a home on this lot and realizes that it
makes sense for the property line to follow the fence.
Motion•
Board Member Nickle made a motion to approve the request with conditions as listed in
the staff report. Board Member Chesser seconded the motion. Upon roll call, the
motion passed with a vote of 7-0-0.
January 4,2010
Board of Adjustment
BOA MINUTES 12-07-09
Agenda Item#1
Page 3 of 6
Board of Adjustment
December 7, 2009
Page 4 of 5
BOA 09-3479 (MULLINS/120 MARTIN LUTHER KING BOULEVARD, 523):
Submitted by JORGENSEN &ASSOCIATES for property located at 120 MARTIN
LUTHER KING BLVD. The property is zoned NC,NEIGHBORHOOD
CONSERVATION and contains approximately 0.14 acres. The request is for a variance
from the lot area requirements to allow a lot split.
Andrew Garner, Senior Planner, gave the staff report discussing the existing home at
the comer that was built in 1911 on the site, the setting of the property within the Walker
Park Neighborhood, and that the northern half of the site is developable. He also
discussed the comprehensive plan of the City and the Neighborhood Conservation zoning
district, and that staff recommends that this request meets the purpose and intent of the
comprehensive plan and the underlying zoning.
No public comment was presented.
Board Member Kohler discussed that he went by this property and feels that it is an
ideal candidate for a lot split because of the dual street frontage, and that you could easily
put another small home there compatible with the neighborhood. He also discussed that
the Neighborhood Conservation zoning district allows much smaller lots and higher
density than typical single family zones.
.Board Member Nickle asked about Finding 3.c. and staff s recommendation for side- or
rear-loaded parking, and if the applicant was agreeable to that condition.
Garner discussed that due to the historic development pattern of this street and in order
to meet the purpose of the Neighborhood Conservation zoning district, staff recommends
that the home not be dominated with a front-loaded garage, and that the garage or carport
be located behind the principal fagade of the home. He discussed that this particular
condition has not been discussed with the applicant.
Justin Jorgensen, applicant, discussed that the property owner would like to build one
additional single family home on the property. He stated that he was sure the property
owner would agree to the condition about the parking as the owner is looking to stick
with the theme of the neighborhood.
Motion•
Board Member Alt made a motion to approve the request with conditions as listed in the
staff report. Board Member Knight seconded the motion. Upon roll call the motion
passed with a vote of 7-0-0.
January 4,2010
Board of Adjustment
BOA MINUTES 12-07-09
Agenda Item#1
Page 4 of 6
Board of Adjustment
December 7, 2009
Page 5 of 5
Announcements:
Jason Kelley, Assistant City Attorney, discussed that a Board of Adjustment item that
was denied by the board a few months ago has been appealed to the Washington County
Circuit Court. He discussed a court-ordered mediation that has taken place and that a new
variance request will be forthcoming to the Board of Adjustment based on a
memorandum of understanding that came out of the mediation. Depending on court.dates
and scheduling there may need to be a special meeting to hear the revised variance
request.
All business being concluded, the meeting was adjourned at 4:15 p.m.
January 4,2010
Board of Adjustment
BOA MINUTES 12-07-09
Agenda Item#1
Page 5 of 6
January 4,2010
Board of Adjustment
BOA MINUTES 12-07-09
Agenda Item#1
Page 6 of 6
'017aye't
T BOA Meeting of January 4, 2010
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-sz67
TO: Board of Adjustment
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: December 30, 2009
BOA 09-3492 (LEON GREGORY, 434): Submitted by BATES & ASSOC for property
located at 7205 & 7211 W. WEDINGTON DRIVE. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 0.64 acres. The request is
for variances from the lot area, width, and setback requirements.
Planner: Dara Sanders
BACKGROUND:
Property Description and Background: The subject 0.64-acre property is located on
Wedington Drive (Highway 16) and is zoned R-A, Residential Agricultural. The lot
contains two existing single family homes, constructed between 1959 and 1963, and was
annexed into the Fayetteville city limits by general election in October 2006. Surrounding
land use and zoning is depicted in Table 1.
Table 1: Surrounding Land Use/Zoning
Direction from Site Land Use Zoning
North, South, East,West Single family residential RA, Residential Agricultural
Proposal: The applicant proposes to subdivide the existing nonconforming lot into two
nonconforming lots as indicated in Table 2. A lot split was approved by the Subdivision
Committee on December 3, 2009, subject to Board of Adjustment approval of the variance
request. The applicant's stated intent is to create a legal lot of record for each existing
dwelling.
Table 2: Variance Request
Ordinance
Variance Issue Requirement Applicant's Request
Tract A
Lot Area 2 acres 0.21 acre 1.79-acre variance
Lot Width 200 feet 141 feet 59-foot variance
Front Setback 35 feet 10 feet 25-foot variance
East Side Setback 20 feet 17 feet 3-foot variance
Tract B
Lot Area 2 acres 0.43 acre 1.57-acre variance
Lot Width 200 feet 127 feet 73-foot variance
January 4,2010
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BOA09-3492 .
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Front Setback 35 feet 32 feet 3-foot variance
South Side Setback 20 feet 4 feet 16-foot variance
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends approval of the requested variances to allow for the proposed lot
split as indicated on the submitted survey, subject to the following conditions of
approval:
1. Future development on or redevelopment of the subject properties shall
conform to the bulk and area requirements of the underlying zoning district as
varied by the Board of Adjustment.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: ❑Approved B Dened . ❑ Tabled
Date: January 4,2010 Motion: Second: Vote.
FUTURE LAND USE PLAN DESIGNATION:
Residential Neighborhood Area
FINDINGS:
City of Fayetteville Unified Development Code
Section 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 do exist that are peculiar to the parcel. The subject
property was created and developed with two residences prior to its
annexation in the Fayetteville City limits and the City's current zoning and
development regulations.
2. Deprivation of Rights. That literal interpretation of the provisions of the
zoning regulations would deprive the applicant of rights commonly enjoyed
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by other properties in the same district under the terms of the zoning
regulations.
Finding: Literal interpretation of zoning regulations would deprive the applicant of
rights commonly enjoyed by other properties in the same district to have a
detached dwelling on a separate legal lot of record and to improve and/or
maintain the structure more than 10% each year.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: Staff finds that the special conditions and circumstances do not result
from the actions of the applicant. Instead, staff finds that the annexation
action of the City of Fayetteville has resulted in the nonconformity of the
subject property and structures and prevents the property from being
subdivided.
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 on this
applicant that are not granted to other property owners and residences in
the City of Fayetteville.
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: Existing nonconformities of adjacent or surrounding properties were
not considered as a basis of the findings stated in this staff report.
Section 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,January 4, 2010.
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
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minimum variance that will make possible the reasonable use of the
land,building, or structure.
Finding: The variances are the minimum needed to make possible the creation of
two single family lots for the existing dwellings compatible with the
surrounding neighborhood and to bring the existing structures and
properties into compliance with the City's zoning regulations.
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: Staff finds that the request will not be injurious to the neighborhood,
finding that creating a new property line between the two existing
single-family residences will have no affect on the neighborhood or the
public welfare.
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 has recommended approval, with the condition that future
development on or redevelopment of the subject property complies with
the bulk and area requirements of the underlying zoning district as
varied by the Board of Adjustment.
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 terns of the zoning regulations in said
district.
Finding: N/A
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ates
Associates, I nc.
Civil Engineering & Surveying
91 W. Colt Square Dr./Fayetteville, AR 72703
PH:479-442-9350`FAX:479-521-9350
www.nwabatesinc.com
Dear Mr. Chair:
Our client,Mr. Gregory,has proposed a lot split within the City of Fayetteville. The
subject property is located at 7205 and 7211 W.Wedington Dr.and contains approximately
0.64 total acres. Mr. Gregory would like to create 2 lots from the subject property in order to
get the existing homes on separate parcels. The subdivision committee approved the lot split
request on December 3rd,2009 with the following condition: lot area,width,and setback
variances are required to be approved by the Board of Adjustment prior to recordation of the
lot split. The existing homes constructed in 1963 and 1959 are 810 s.f.,and 1424 s.f.
respectively.
This property was annexed into the City of Fayetteville and placed under the R-A
zoning district. The requirements for R-A zoning place the majority of smaller tracts within
this area into non conformance. Literal interpretation of the provisions of this ordinance
would deprive the applicant rights commonly enjoyed by other properties in the same district
under the terms of this ordinance since the default zoning for land annexed into city limits is
always R-A. The structures on this property are all existing,non conforming under the current
zoning and is not a result of the applicant. Granting this variance will not confer on the
applicant any special privilege that is denied by this ordinance to other lands, structures or
buildings in the same district since the majority of the smaller tracts within this district will all
be non conforming with the R-A requirements for area,setbacks and lot width.
If you have any questions please feel free to contact us.
Sincerely,
Derrick Thomas PLS
January 4,2010
Board of Adjustment
BOA09-3492
- Agenda Item#2.
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