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HomeMy WebLinkAbout2012-06-04 - Agendas • Tae;ile 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, JUNE 4, 2012 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the May 7, 2012 meeting. New Business: 2. BOA 12-4131 (397 E. Dogwood Ave./Lewis, 485): Submitted by STACEY PARK for property located at 397 EAST DOGWOOD AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.24 acre. The request is for a variance from setback requirements to allow for the construction of a new garage. Planner: Quin Thompson 3. ADM 12-4133: Administrative Item (BOARD OF ADJUSTMENT BYLAWS): Submitted by CITY PLANNING STAFF to amend the bylaws of the Board of Adjustment to reduce the number of required members from seven to five. Planner: Andrew Garner 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. • Taye evl e 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 to Comment/Discussion and Questions by the Board F. Action of the Board (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 the staff and applicant presentations. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, stand and give your name and address. Address your comments to the Chairman, who is the presiding officer. After all public comments have been heard, the Chairman will direct your comments 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. 2012 Board of Adjustment Members Robert Kohler (Chairman) Jeff Hagers Evan Niehues Kristen Knight Tim Stein Matthew Hoffman Page ] of 3 MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on May 7, 2012 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: April 2, 2012 Approved Page 2 New Business: BOA 12-4111 (4944 W. Persimmon, 437) Page 3 Approved MEMBERS PRESENT MEMBERS ABSENT Robert Kohler Jeff Hagers Kristen Knight Evan Niehues Tim Stein Matthew Hoffman STAFF PRESENT Andrew Garner Quin Thompson Jason Kelley Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. Board of Adjustment June 4,2012 Agenda Item 1 05-07-2012 Minutes Page 1 of 4 Page 2 of 3 Approval of the minutes from the April 2, 2012 Board of Adjustment meeting. Motion• Board Member Knight made a motion to approve the April 2, 2012 Meeting Minutes. Board Member Stein seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Board of Adjustment June 4,2012 Agenda Item 1 05-07-2012 Minutes Page 2 of 4 Board of Adjustment Meeting May 7, 2012 Page 3 of 3 BOA 12-4111 (4944 W. PERSIMMON ST./LHC FELLOWSHIP, 437): Submitted by JORGENSEN AND ASSOCIATES for properties located at 4944 WEST PERSIMMON STREET. The property is zoned R-A, RESIDENTIAL AGRICULTRIAL and contains approximately 3.99 acres. The request is for a variance from the lot area and lot width requirements to allow the property to be split into two tracts. Andrew Garner, Senior Planner gave the staff report. Dave Jorgensen, applicant, was present for any questions Board Member Kohler asked about the shape of the lots and the lot width variance. Dave Jorgensen, applicant, discussed the reasons for the lot line location and that they could potentially angle the line. Board Member Knight discussed that Tract B should be larger because it was constrained by a floodplain. Dave Jorgensen, applicant, discussed the slope of the lot to the west and the sewer connection. Board Member Niehues discussed that it is logical to have a straight lot line as proposed. Board Member Knight discussed that because of the floodplain on that one tract she viewed it as a hardship. Board Member Kohler discussed the various options and the requirement for a hardship for the variances and that we shouldn't be giving variances unless they are needed. Motion #1 (Lot Area): Board Member Niehues made a motion to approve the lot area variance as recommended by staff. Board Member Stein seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Motion #2 (Lot Width): Board Member Knight made a motion to approve the lot width variance as recommended by staff. Board Member Stein seconded the motion. Upon roll call, the motion was denied with a vote of 2-3-0. There being no further business, the meeting was adjourned at 4:30 PM. Board of Adjustment June 4,2012 Agenda Item 1 05-07-2012 Minutes Page 3 of 4 Board of Adjustment June 4,2012 Agenda Item 1 05-07-2012 Minutes Page 4 of 4 • Tay�et BOA Meeting of June 04, 2012 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Board of Adjustment FROM: Quin Thompson, Associate Planner THRU: Jeremy Pate, Director of Development Services DATE: May 31, 2012 BOA 12-4131 (DOGWOOD,485): Submitted by Stacey Park for property located at 397 Dogwood Lane. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.24 acres. The request is for a 6' front setback (a 9' variance) in order to construct a new addition with a two car garage. Property Owner: Aaron and Michelle Lewis Planner: Quin Thompson BACKGROUND: January, February, and March 2007 BOA Meetings: This item has been on the Board of Adjustment agenda at the last three meetings. It was tabled at the January and February meetings, and denied at the March BOA meeting. The BOA denied the variance in March 2007 stating agreement with staffs findings that the requested variance was not a result of hardship or special conditions on the property, but a result of convenience for the applicant. The applicant has revised the request slightly by reducing the size of the proposed shop from 600 square feet to 480 square feet and by moving the proposed structure 4' to the west. The modifications have reduced the rear setback variance request from 8' to 4'. Staffs findings as stated in the previous three reports for this item have not changed in review of the new proposal. Staff has discussed the BOA's suggestion to the applicant from the March 2007 meeting that the structure be turned perpendicular to avoid having to obtain a variance. The applicants indicated that they would continue to request the variance as proposed. Property description: The subject property is located at 397 Dogwood Lane. It is a .024 acre lot located within the RSF-4 zoning district and was platted and developed in compliance with the requirements of this zoning district. Dogwood Lane is located on Mount Sequoyah and is within the Hilltop/Hillside Overlay District. A 1,196 square foot house was constructed in 1966 compliant with all required building setbacks. Proposal: As shown in Table 1, the request is for a 6' front building setback for a new 1,896 square foot addition where a 15' setback is required (a 9' variance). Board of Adjustment June 4,2012 Agenda Item 2 BOAl2-4131 Page 1 of 8 Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request Rear Setback(HHOD) 15' 6' (an 9' variance) SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North, South, East, and West Single family detached RSF-4, Residential Single-Family — dwellings 4 units/acre GENERAL PLAN DESIGNATION: Residential RECOMMENDATION: Staff recommends denial of the requested front setback variance based on the findings herein. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: Approved Denied Motion: Second: Vote: Date: June 04, 2012 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. Board of Adjustment June 4,2012 Agenda Item 2 BOAl2-4131 Page 2 of 8 Finding: Special conditions do not exist for this property related to the front building setback. As a whole, the lot is of sufficient width and area to allow the construction of a single family dwelling, which has occurred. That the owner wants to construct a new 1,859 square foot addition is not a special condition of the property. Should other new development be proposed in the same district or on the same street, it would be required to conform to the 15' front setback requirement as does the subject property. To grant a variance for encroachment of a new nonconforming addition on this lot would not be consistent with the intent of the City's zoning regulations to prevent and discourage nonconforming uses and structures (Fayetteville UDC 164.12). 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 related to front building setback would not deprive the applicant of rights enjoyed by other properties in the same district. This property has been utilized for single-family use for 46 years and can continue to be enjoyed in its current condition. In staff opinion, there is ample room to construct and addition to this home within the building setbacks. Staff would recommend that the current owner modify the location and/or size of the addition to comply with the requirements of the RSF-4 zoning district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The requested variance is a result of the applicant's desire to construct a new addition that would encroach within the building setback. Staff does not find that the shape and/or size of the lot, or topography, or any other issues presented in the applicant's request are a special circumstance particular to this lot which would necessitate the need for a variance. 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 front building setback variance would confer special privileges on the applicant. There is not a special condition or circumstance that exists in this case that would be required for a variance of the front building setback compared to other lots in the district in a similar condition. 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. Board of Adjustment June 4,2012 Agenda Item 2 BOAl2-4131 Page 3 of 8 Finding: No existing nonconformities or other nonconformities were 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, June 4, 2012. 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 can still make reasonable use of the lot while complying with the required setbacks. There is adequate space for the applicant to construct covered parking or an addition to the existing home and still meet all required setbacks, or continue utilizing the existing dwelling that meets ordinance requirements. There is a distance of approximately 24' between the existing home and the building setback. 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 front setback variance would not be in harmony with the general purpose and intent of zoning regulations that discourages creating nonconforming structures. Also see Findings No. 1, 2, 3, and 3.a. 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 denial of the requested variance. Should the Board of Adjustment choose to grant the request, staff recommends the following conditions of approval: Board of Adjustment June 4,2012 Agenda Item 2 BOAl2-4131 Page 4 of 8 1. Any new development shall comply with all zoning development regulations including building setbacks, except those varied by the Board of Adjustment and/or shown on the attached site plan. 2. A building permit shall be obtained prior to commencement of any construction. All existing structures, easements and utilities shall be located on the site plan submitted for building permit consideration. 3. Development on the property shall comply with all requirements specified in the Hillside/Hilltop Overlay District. 4. UDC Section 172.11(G)(3) requiresl8 feet of driveway between the R.O.W. and garage. This requirement will remain should the building setback variance be granted. 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 proposed use is for an addition to a single family residence, a use permitted by right in the RSF-4 zoning district. Board of Adjustment June 4,2012 Agenda Item 2 BOAl2-4131 Page 5 of 8 City of Fayetteville Unified Development Code 161.07 District RSF-4,Residential Single-Family—Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments,as well as to protect existing development of these types. (B) Uses. 1 Permitted uses. Unit I I Cit -wide uses by right 11 Unit 8 1 Sin le-famil dwellin 2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public rotection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities C Density. Single-family Two-family dwellin s dwellings Units per acre 1 4 or less 7 or less D Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq.ft. 12,000 sq.ft. Land area per 8,000 sq.ft. 6,000 sq.ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq.ft. 12,000 sq.ft. District Lot area minimum Land area per 8,000 sq.ft. 6,000 sq.ft. dwelling unit E) Setback requirements. FRONT SIDE 25 REAR ft. 8 ft. 20 ft. HOD Front I HOD Side IHOD Rear 15 ft. 1 5 ft. 115 ft. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. (Code 1991,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4858,4-18-06) G:IETODevelopment Services Review120121Development Reviewg2-4131 BOA 397E.Dogwood Ln(Lewis)103 BOA 106-014oard of Adjustment 20UCommeno,and RedlineSIBOA 12-4131(Dogwood).doc June 4,2012 Agenda Item 2 BOAl2-4131 Page 6 of 8 BOM 2-4131 LEWIS Close Up View F1 RMF-24 04 RMF4 SUBJECT PROPERTY LAFAYETTE ST w a o! w x U F U1 J LL RSF.4 Iti-Use Trail (Existing) ture Trails p1e,1,;,,,City of Fayetteville M BOAl2-4131 — Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict 0 37.5 75 150 225 300 Board of Adjustment ------ Planning Area Fee, June 4,2012 Age da ite 2 BOAl2-4131 Page 7 of 8 BOAl2-4131 LEWIS One Mile View CS .G FRS RSF - RSFdTi1'F'. 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Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Fayetteville Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Development Services DATE: May 30, 2012 Board of Adjustment Bylaw Amendment: An amendment proposed by Planning staff to revise the number of board members from seven to five and clarify the number of members that constitute a quorum. Planner: Andrew Garner Discussion: Over the past several years the City has had difficulty obtaining new members for the Board of Adjustment. This board has frequently operated with a fewer number of appointees than required due to lack of applications. This has resulted in difficulty in making quorum at meetings. Staff's opinion is that because this board meets only once a month, and deals with technical zoning variances, there is a somewhat limited pool of volunteer applicants. Additionally, because of the long term limits it is difficult to obtain volunteers that are willing to commit to a five-year term. The proposed term limits would be consistent with the three-year limit for our planning commission, and the reduced number of members should make it easier to have a fully appointed Board of Adjustment. On May 15, 2012 the City Council amended Article XII of City Code to modify the number of members and term limits for the Board of Adjustment to reduce the number of members from seven to five, and the term limits from five years to three years. Proposal: Staff has drafted an amendment to the Board of Adjustment bylaws to be consistent with the recent changes to Article XII of City Code clarifying that the number of members is now five, and a quorum is now three. Recommendation: Amendments to the Board of Adjustment bylaws are required to be presented in writing and approved by a two-thirds majority vote of the Board members. Staff recommends these amendments be approved. K:IPlanning Commission,BOA,&Hisloric Dis0a Commissio 1bylaws and Rule.0BOA bylaws12012 Bylaws Amendment Board of Adjustment June 4,2012 Agenda Item 3 ADM12-4133 Page 1 of 6 Board of Adjustment Action: ❑ Approved ❑ Denied ❑ Tabled Motion: Second: Vote: Meeting Date: June 04, 2012 Notes: K:IPlanning Commission,BOA,&Historic District CommissionlBylaws and RulesTOA Bylaiesi2012 Bylaws Amendment Board of Adjustment June 4,2012 Agenda Item 3 ADM12-4133 Page 2 of 6 BOARD OF ADJUSTMENT Fayetteville, Arkansas Rules of Procedure and Regulations I. Purpose. It is the purpose of these rules to set forth the procedure to be followed at all Board of Adjustment meetings and to regulate enforcement of conditional variances. 2. Ti1ne of Meetings. The Board shall meet on the first Monday of each month in which variance applications or appeals have been filed. In the event the first Monday is a City Holiday, the meeting shall move to the second Monday. In addition, the Board may meet on call of the Chair, or Temporary Chair when the Chair is absent. 3. Place of Meetings. Unless otherwise specified by the Chair, and unless notice of a different meeting place is duly given with the notice of the time of meeting, as provided in Chapter 157, Unified Development Code, Board meetings shall be held at the Fayetteville City Administration Building, 4. Records of Meetings. It is primarily the responsibility of the Board to keep adequate records of its proceedings and actions. Although the Board's minutes may be taken and filed by a member of the staff of the City Planning Office, the minutes of each meeting shall be reviewed by the Board and shall become the official, public record of the Board's proceedings and actions when approved by a majority of the members of the Board present at a regular meeting. 5. Quorum. A majority (4) W of the membership of the Board (:7� .M, constitutes a quorum, and no action shall be taken by the Board, favoring the applicant or appellant on either a request for zoning variance or an appealof a decision of the Planning Administrator, unless a quorum is present and unless a majority of the members present votes in favor of applicant or appellant. An abstention shall not be construed as a vote. In the event of failure of a quorum at any called or regularly scheduled meeting, applications and appeals, to have been heard at that meeting, will be heard at the next Board Meeting. 6. Election and Duties of Chair and Temporary Chair. A Chair shall be elected each year for a one (1) year term at the first regularly scheduled meeting of the Board after March I". Nominees shall be placed in Board of Adjustment June 4,2012 Agenda Item 3 ADM12-4133 Page 3 of 6 nomination and elected by a majority vote of those members present. To be eligible for election as Chair, one must be a member of the Board with at least one year remaining in one's membership term. It shall be the duty of the Chair to conduct all meetings of the Board, to assure that adequate records of the proceedings and actions of the Board are kept and to represent the Board as may be appropriate in its external affairs. In the absence of the Chair, from a meeting of the Board, or from the city at a time when a Board meeting may be scheduled or becone necessary, the most senior member present shall become Temporary Chair and shall call and/or conduct the meeting during the absence of the Chair. Should the office of Chair become vacant due to reasons other than normal termination of the Chair's term of office, an election shall be held at the first Board meeting after the vacancy occurs. 7. Conduct of Meetings. The Chair, after dispensing with the Minutes of the previous meeting, shall read the first Agenda item, and ask for the Report of the Planning Staff, and their recommendations. The applicant or appellant or his or her representative shall then be given an opportunity to explain the written application or appeal previously filed, and any other person present at the meeting shall be allowed to comment for a reasonable period of time. Any member who intends to abstain when the vote is taken shall make this fact known when the Chair announces the agenda item and shall not participate in any aspect related to that request. Any other member of the Board may question any person who has spoken concerning the item. Applications and appeals shall be called for hearing in the order presented on the Board's agenda published by the Planning Division. Board meetings shall be open to any person, and although comments from the applicant or appellant and others who may be present will generally not be permitted during deliberation and decision, the Chair may make discretionary exceptions to this rule. 8. Applicant or Representative to be Present. No application for variance shall be voted upon by the Board unless the person who owns the property to which the request pertains is present, or unless the Board is satisfied that a representative of the owner, having the authority to commit the owner to compliance with any conditions which may be imposed concurrent with granting a variance, is present. 9. Actions which may be Taken. The Board may grant the variance or appeal. The Board may deny the variance or appeal. The Board may grant a variance which is different from that requested, as long as it is a "lesser" variance, in the sense that the Board perceives it would be more consistent with the provisions of the zoning ordinance and/or less affective Board of Adjustment 2 June 4,2012 Agenda Item 3 ADM12-4133 Page 4 of 6 of the surrounding property than the variance requested. By majority vote, the Board may delay public hearing and/or deliberation and decision of any application or appeal until the next regularly scheduled meeting of the Board. Any further delay must also be by a majority vote of the Board and must be based upon the request of the appellant or applicant, either in writing or by oral statement before the Board. In no case will decision of an appeal or application be delayed beyond the second regular meeting after the original meeting at which the appeal or application was considered. 10. Rehearing. The Board may permit rehearing of any application or appeal upon a Motion To Reconsider made by any member who had voted with the majority when the item was first considered. A majority of those members present shall place the rehearing on the Agenda of the next regular meeting of the Board, with the required renotification of all interested parties. 11. Enforcement. The Zoning and Development Administrator will notify Building Safety inspectors of any conditions required by the Board to be met by one who has been issued a building permit allowing construction upon property as to which a variance has been granted. Building inspectors will, in turn, report any failure to comply with such conditions, to the Zoning and Development Administrator and no occupancy permit will be issued until the conditions have been met. 12. Amendment. The Rules of Procedure and Regulations of the Board of Adjustment, Fayetteville, Arkansas, may be amended only after the members of the Board have been notified in writing and by a 2/3 majority vote of the Board members. These rules adopted by the Fayetteville Board of Adjustment on the 20th day of December, 1976, as amended: 09/20/1982 and 03/06/2006. BGB D4GKET, MODERT KOHLER, Chair Board of Adjustment 3 June 4,2012 Agenda Item 3 ADM12-4133 Page 5 of 6 Board of Adjustment June 4,2012 Agenda Item 3 ADM12-4133 Page 6 of 6