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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 K.lReports120101BOA Reportsl01-04-101BOA 09-3492(G-egory).doc Board of Adjustment BOA09-3492 . Agenda Item#2 1 of 6 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 January 4,2010 K:lReporls120101BOA Reportsl01-04-101BOA 09-3492(Gregory).doc Board of Adjustment j BOA09-3492 Agenda Item#2 2of6 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 January 4,2010 KJReporls1201000,4 Reports101-04-10001 09-3492(Grego,y).doe Board of Adjustment BOA09-3492 Agenda Item#2 3of6 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 January 4,2010 K.IReports120101 BOA Repor[s101-04-101BOA 09-3492(Grego,y).doc Board of Adjustment BOA09-3492 Agenda Item#2 4of6 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. 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