HomeMy WebLinkAbout2009-06-01 - Agendas vi 1
aye e 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, JUNE 1, 2009 at 3:45 p.m.
Room 326, City Administration Building
The following items will be considered:
1. Approval of the minutes from the May 4, 2009 meeting.
New Business:
2. BOA 09-3303 (DEWITT GOFF / 612 N. COLLEGE, 446): Submitted by BATES &
ASSOCIATES for property located at 612 N. COLLEGE, THE NE CORNER OF DAVIDSON ST.
AND COLLEGE AVE.. The property is zoned C-2, THOROUGHFARE COMMERCIAL and
contains approximately 1.38 acres. The request is for a front building setback variance to bring an
existing non-conforming structure into compliance.
Planner: Andrew Garner
3. BOA 09-3304 (MIHALEVICH / 420 E. LAFAYETTE, 485): Submitted by MATT
MIHALEVICH for property located at 420 E. LAFAYETTE STREET. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.16 acres. The request is for side
setback variance to bring an existing non-conforming structure into compliance.
Planner: Jesse Fulcher
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 for hearing impaired
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 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.
2009 Board of Adjustment Members
Robert Kohler (Chairman)
Sheree Alt
William Chesser
Robert Nickle
Mark Waller
Steven Bandy
- BOA Meeting of June 01, 2009
ARKANSAS
k
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: May 27, 2009
BOA 09-3303 (DEWITT GOFF / 612 N. COLLEGE, 446): Submitted by BATES &
ASSOCIATES for property located at 612 N. COLLEGE,THE NE CORNER OF DAVIDSON ST.
AND COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and
contains approximately 1.38 acres. The request is for a front building setback variance to bring an
existing non-conforming structure into compliance. Planner: Andrew Gamer
BACKGROUND:
Property Description: According to County records, the subject property was developed with a
commercial building in approximately 1950. The existing building is located approximately 37 feet
from the centerline of College Avenue,within the Master Street Plan right-of-way,which is 48.5 feet
from the centerline of College Avenue.
SURROUNDING LAND USE AND ZONING
Direction from Site Land Use Zoning
North and West Commercial C-2
South Commercial; Residential C-2; RSF-4
East Single-Family Residential R-O;RSF-4
Proposal: The applicant is requesting a variance from the front setback requirement along College
Avenue of 25 feet to bring the existing building into compliance with current setback requirements.
Variance Issue Ordinance Requirement Applicant's Request
Front Setback (College Avenue) 1 25'* 0' (a 25' variance)
*The front setback is reduced from 50'to 25'because there is no parking between the building and College Avenue.
K.IReporU120091ROA Reporlsl06-01-091ROA 09-3303(612Co11ege_DewittGgg.doc
June 1,2009
Board of Adjustment
BOA 09-3303 Dewitt Goff
Agenda Item 2
Page 1 of 10
RECOMMENDATION:
Staff recommends approval of the requested front setback variance for the existing building as
shown on the attached survey with the following conditions:
1. Future alterations or additions to the existing structure shall meet required building
setback regulations from the Master Street Plan right-of-way, unless otherwise
approved by the Board of Adjustments. Approval of this variance only applies to
the existing structure, and no future expansions.
2. Prior to issuance of a building permit,a Master Street Plan right-of-way variance to
reduce the College Avenue right-of-way for this property is required to be approved
by City Council to allow for the existing building footprint to remain in the Master
Street Plan right-of-way and be improved.
3. Any alteration or additions to the existing structures shall meet required
regulations for improvements to nonconforming parking lots.
4. All required permits shall be granted prior to any construction or additions to the
existing structures.
Additional Conditions/Comments:
BQARD,OF ADJUSTIVIEMT AC-TION: D Approved ❑ 1)eriied
DateJidhc 01,2009 I
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CITY PLAN 2025 LAND USE DESIGNATION: City Neiehborhood 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:
K.IReports120091BOA Reporu106-01-0900A 09-3303(6I2College_DewittGoffl.doc
June 1,2009
Board of Adjustment
BOA 09-3303 Dewitt Goff
Agenda Item 2
Page 2 of 10
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 special conditions and circumstances that exist for this building. The
existing structure was constructed in 1950, well prior to the adoption of the
City's zoning ordinance. Consequently, the structure is located within the
required building setback and Master Street Plan right-of-way,necessitating a
setback variance to bring the building into compliance.
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 greatly reduce the applicant's
ability to improve or expand the existing structure on the property.The existing
building could be retained on-the property, but without a variance future
improvements would be limited by Chapter 164.12. Thus,literal interpretation
would deprive the applicant of rights 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 are not the result of the actions of applicant.
The location of the existing structure was determined when the property was
developed in 1950, prior to the adoption of the City's zoning regulations.
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 variance will not confer special privileges on the
applicant. The applicant is requesting approval to bring the existing structure
into compliance in general, and to permit improvements to the existing
nonconforming structure that was built prior to adoption of the zoning
regulations.
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.
K-Teports120091BOA Reports106-01-091BOA 09-3303(612Co11ege_DewrttGo§).d0c
June 1,2009
Board of Adjustment
BOA 09-3303 Dewitt Goff
Agenda Item 2
Page 3 of 10
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 01,2009.
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 setback variance is the minimum variance necessary to
accommodatethe existing structure on the subject property.
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 will be in harmony with the general purpose and intent of
zoning regulations,and will not be injurious to the neighborhood. The building .
has existed in its current condition for,almost 60 years,which is consistent with
many of the properties north of downtown and south of North Street,that were
developed many decades ago prior current zoning regulations.
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 conditions for this request which are stated on page one
of this report.
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 use is permitted in the zoning district.
K.TeportA20091BOA Repor[x106-01-091BOA 09-3303(612Co11ege_DewiffGo#).doc
June 1,2009
Board of Adjustment
BOA 09-3303 Dewitt Goff
Agenda Item 2
Page 4 of 10
Bates &
Associates, Inc.
Civil Engineering & Surveying
91 W.Colt Square Dr./Suite 3/Fayetteville,AR 72703
PH:479-442-9350'FAX:479-521-9350
May 8, 2009
Planning Staff
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Variance Request
Dear Planning Staff,
The proposed project is located at 612 N. College. Currently, this is a vacant building
which has all City Utilities. The project consists of remodeling the inside of the building,
and closing the drive onto College and onto E. Davidson Street. Dewitt Goff is the
current property owner.
The property is zoned C-2 and has a building setback of 50'. As stated above, the
building is existing and is located approximately eight (8') from the existing right of way.
Therefore, my client would like to request a 4/1' setback variance.
12-7
If you have any questions or required additional information, please feel free to call.
Sincerely,
Bates & Associates, Inc.
Geoffrey H. Bates, P.E
President of Engineering
June 1,2009
Board of Adjustment
BOA 09-3303 Dewitt Goff
Agenda Item 2
Page 5 of 10
Bates .
Associates, i nc.
Civil Engineering &Surveying
91 W.Colt Square Dr. Suite 3/Fayetteville,AR 72703
PFI:479-442-9350*FAX:479-521-9350
May 8, 2009
Chairman of the Board
Board of Adjustments
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Variance for building setback
Dear Chairman,
This letter is to address item 7 on the variance application checklist. The proposed
project is located at 612 N. College and is currently a vacant building with all City
Utilities. The project consists of remodeling the inside of the building, and closing the
drive onto College and onto E. Davidson Street. Dewitt Goff is the current property
owner.
The property is zoned C-2 and has a building setback of 50'. As stated above, the
building is existing and is located approximately eight (8') from the existing right of way.
Therefore, my client would like to request a 491' setback variance.
',?
The following is the four criteria required by ordinance:
a. This is an existing building that was zoned C-2. As is, the building is located
in the setback.
b. This is an existing building that was placed in the building setback due to the
C-2 zoning designation.
c. The circumstances result from it being an old existing building in a new C-2
zoning.
d. This variance will not confer on the applicant any special privilege that has
not already been granted to other property owners along 71 B.
If you have any questions or required additional information, please feel free to call
Sincerely, '
Bates & Associates, Inc.
Geoffrey
President of Engineering
June 1,2009
Board of Adjustment
BOA 09-3303 Dewitt Goff
Agenda Item 2
Page 6 of 10
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Agenda Item 2
Page 7 of 10
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Board of Adjustment
BOA 09-3303 Dewitt Goff
Agenda Item 2
Page 9 of 10
June 1,2009
Board of Adjustment
BOA 09-3303 Dewitt Goff
Agenda Item 2
Page 10 of 10
a � -
I YWTi r BOA Meeting of June 01, 2009
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: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: January 29, 2009
BOA 09-3304 (MIHALEVICH / 420 E. LAFAYETTE, 485): Submitted by MATT
MIHALEVICH for property located at 420 E.LAFAYETTE STREET. The property is zoned RSF-
4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.16 acres. The request is for
side setback variance to bring an existing non-conforming structure into compliance.
Planner: Jesse Fulcher
BACKGROUND:
Property Description: According to County records, the subject property was developed with a
single-family home in approximately 1914. The existing home is located 4.5' from the side(west)
property line.
SURROUNDING LAND USE AND ZONING
Direction from Land Use Zoning
Site
North Single-Family Residential RSF-4, Single-Family Res., 4 units/acre
South Single-Family Residential RSF-4, Single-Family Res.,4 units/acre
East Single-Family Residential RSF-4, Single-Family Res., 4 units/acre
West Single-Family Residential RSF-4, Single-Family Res., 4 units/acre
Proposal: The applicant is requesting a variance from the side setback requirement of 5'to bring the
existing home into compliance with current setback requirements.
Variance Issue Ordinance Re uirement Applicant's Re uest
Side Setback (West)—House Existing 5' 4' (a 1' variance
RECOMMENDATION:
Staff recommends approval of the requested setbackvariance as listed herein and as shown on
the attached drawing with the following conditions:
1. Future alterations or additions to the existing structures shall meet required
building setback regulations, unless otherwise approved by the Board of
Adjustments.
K.IReports120091 BOA Reporls106-01-091BOA 09-3304(Milhalevich 420 Lafayette).doc
June 1,2009
Board of Adjustment
BOA 09-3204 Mahalevich
Agenda Item 3
Page 1 of 8
Additional Conditions/Comments:
BOARD OF ADJUSTMEMT ACTION: O Approved O Denied
Date: June'!01,2009.'
.......................................... - ...._...................... _.._....._...................................................................................................................
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CITY PLAN 2025 LAND USE DESIGNATION: City 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: There are special conditions and circumstances that exist for this building. The
existing structure was constructed in 1914, well prior to the adoption of the
City's zoning ordinance. Consequently, the structure is located within the
required building setback,necessitating a setbackvariance to bring the building
into compliance.
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 greatly reduce the applicant's
ability to improve or expand the existing structure on the property.The existing
building could be retained on the property, but without a variance future
improvements would be limited by Chapter 164.12. Thus,literal interpretation
would deprive the applicant of rights commonly enjoyed by other properties in
the same district.
K.IReporaL?00900A Repor[s106-01-091BOA 09-3304(Mrlhalevich 420 LaJ&,Wtte).doc
June 1,2009
Board of Adjustment
BOA 09-3204 Mahalevich
Agenda Item 3
Page 2 of 8
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: Special conditions or circumstances are not the result of the actions of applicant.
The location of the existing structure was determined when the property was
developed in 1914, prior to the adoption of the City's zoning regulations.
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 variance will not confer special privileges on the
applicant. The applicant is requesting approval for improvements and
expansion to the existing nonconforming structure that was built prior to
adoption of the zoning regulations.
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.
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 01,2009.
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 setback variance is the minimum variance necessary to
accommodate the existing structure on the subject property.
K.IRepor61200900ARepor6106-01-091BOA 09-3304(MiIhalevich 420 Lafayeite).doc
June 1,2009
Board of Adjustment
BOA 09-3204 Mahalevich
Agenda Item 3
Page 3 of 8
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 will be in harmony with the general purpose and intent of
zoning regulations, and will not be injurious to the neighborhood. The house
has existed in its current condition for almost 100 years,which is consistent with
a majority of the properties in the historic Washington/Willow Neighborhood,
where most structures predate current zoning regulations.
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 conditions for this request which are stated on page one
of this report.
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 use is permitted in the zoning district.
K.IReporut200900A Reports106-0/-0900A 09-3304(Mdhalevich 420 Lafa)ette).doc
June 1,2009
Board of Adjustment
BOA 09-3204 Mahalevich
Agenda Item 3
Page 4 of 8
May 11,2009
Bob Kohler,Chair
City of Fayetteville Board of Adjustments
Dear Board of Adjustments:
The existing structure of our home, 420 E. Lafayette St,was built around 1914. it currently does not
meet the City of FayettivAle's 5-foot side setback required by RSF-4 Zoning I am writing you to request a
variance that will bring this non-conforming,1500 Square Foot structure into compliance.
As seen on the site plan, the portion of the existing structure that does not comply with the setback
requirements is the roof overhang on the West side of the house. This overhang is 4-/z" from the western
property line. 'Me RSF-4 side setback requirement is 5'-V'.
In order to obtain a building permit for an 820 Square Foot remodel of our kitchen and basement, we
must bring the existing structure into compliance. We are not planning any additions or alterations to the home
that would further violate these setback requirenients. All of this remodeling work will be completed within
the confines of the existing structure. Plans for a deck and exterior stair will be compliant with the setback
requirements.
Our house currently meets the requirements for residential parking
We understand that granting the variance requested will not provide us with any special privilege that is
denied by this ordinance to other lands,structures,or buildings in the same district.
Sincerely,
h
Mhdev',ch
June 1,2009
Board of Adjustment
BOA 09-3204 Mahalevich
Agenda Item 3
Page 5 of 8
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June 1,2009
Board of Adjustment
BOA 09-3204 Mahalevich
Agenda Item 3 '.
Page 6 of 8
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A0JUMIRMT
BOA 09-3204 Mahalevich
Agenda Item 3
Page 7 of 8
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I Board of Ad ustment
BOA 09-3204 Mahalevich
Agenda Item 3
Page 8 of 8