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HomeMy WebLinkAbout2009-12-07 - Agendas Tayve 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,DECEMBER 7, 2009 at 3:45 p.m. Room 326, City Administration Building The following items will be considered: 1. Approval of the minutes from the September 14, 2009 meeting. New Business: 2. 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. Planner: Data Sanders 3. 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. 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 patties 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 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 Kristen Knight Board of Adjustment September 14, 2009 Page 1 of 4 MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on September 14, 2009 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: August 3, 2009 Approved Page 2 BOA 09-3378 (Alan Reid, 445) Approved Page 3 BOA 09-3422 (Colby Salazar, 408): 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 Gamer Dara Sanders David Whitaker Jeremy Pate Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. December 7,2009 Board of Adjustment BOA Minuts 9/14/09 Agenda Item 1 Page 1 of 4 Board of Adjustment September 14, 2009 Page 2 of 4 Approval of the August 3, 2009 Board of Adjustment meeting minutes. Motion: Board Member Waller made a motion to approve the minutes from the August 3, 2009 Board of Adjustment meeting. Board Member Nickle seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. December 7,2009 Board of Adjustment BOA Minuts 9/14/09 Agenda Item 1 Page 2 of 4 Board of Adjustment September 14, 2009 Page 3 of 4 BOA 09-3378 (ALAN REID /911 HIGHLAND, 445): Submitted by GEORGE ALAN REID JR. for property located at 911 HIGHLAND AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.64 acres. The request is for reduced street frontage for a lot resulting from a proposed lot split. Planner: Dara Sanders Dara Sanders, Current Planner, gave the staff report and described the applicant's request. Board Member Waller asked if Lot 1 was currently conforming. Sanders stated yes. Board Member Kohler asked where access would be provided. Sanders stated that access would be reviewed at the time of development. Waller asked if the property line was currently jogged. Sanders stated yes. Alan Reid (applicant) stated that they had reduced the width of the original variance request by obtaining additional property from the neighbor. Access will likely be from Cleburn. Waller asked what the objection was to a jogged property line. Reid stated that property maintenance can be an issue when the property lines are not straight. Board Member Kohler asked if the alley would count as adequate frontage. Sanders stated that the 70' of frontage has to be on a public street, not an alley. Motion: Board Member Nickle made a motion to approve the request with conditions as listed in the staff report. Board Member Alt seconded the motion. Upon roll call, the motion passed with a vote of 5-1-0 with Board Member Waller voting no. December 7,2009 Board of Adjustment BOA Minuts 9/14/09 Agenda Item 1 Page 3 of 4 Board of Adjustment September 14, 2009 Page 4 of 4 BOA 09-3422 (SALAZAR/ 1121 N. MISSION BLVD.): Submitted by COLBY SALAZAR for property located at 1121 N. MISSION BLVD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.54 acres. The request is for setback variances to bring an existing non-conforming structure into compliance. Jesse Fulcher, Current Planner gave the staff report discussing the existing home on the property built in 1921 and that the home was within the front building setback and within the Master Street Plan right-of-way. Staff recommends approval of the requested variance for the reasons discussed throughout the staff report. Board Member Kohler asked about the vertical line on the survey. Fulcher stated that is was a section line. Board Member Nickle asked for clarification on condition #1. Fulcher stated that the condition was for the benefit for the applicant, and that the City Council would review the Master Street Plan amendment. Board Member Kohler asked if there would be any issues in the future if the street was widened. Board Member Waller asked about one versus two nonconforming lots. David Whitaker, Assistant City Attorney, stated that the matter would be up to AHTD, since Mission and North were state highways. Colby Salazar, applicant, stated that he was asking for approval to allow him to fix up the house. Public Comment: No public comment. Motion: Board Member Alt made a motion to approve the request with conditions as listed in the staff report. Board Member Bandy seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. All business being concluded, the meeting was adjourned at 4:20 p.m. December 7,2009 Board of Adjustment BOA Minuts 9/14/09 Agenda Item 1 Page 4 of 4 BOA Meeting of December 7, 2009 Ta7eVi AHKAtJSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. 72701 PLANNING DIVISION CORRESPONDENCE Fayetteville,(479 57 -8267 Telephone:(479)575-8267 TO: Board of Adjustment FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Development Services DATE: December 1, 2009 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. Planner: Data Sanders Property Description and History: The subject properties are located at the northeast comer of Whitham Avenue and Taylor Street and are zoned RMF-40. The surrounding land use and zoning is included in Table 1. TABLE 1: SURROUNDING LAND USE AND ZONING Land Use Zoning North Multi-family residence RMF-40, Res. multiple family,40 units/acre South Single family residence RMF-40, Res. multiple family, 40 units/acre East Multi-family residence RMF-40,Res. multiple family, 40 units/acre West Multi-family residence RMF-40, Res. multiple family, 40 units/acre On February 28, 2008, the Subdivision Committee approved a request for a lot split on the subject property to subdivide two lots for the creation of a third lot. Prior to thelotsplit proposal, the subject property consisted of two lots,Lot 6 and Lot 7, which did not meet the minimum bulk and area requirements of the underlying RMF-40 zoning district. On March 3, 2008, the Board of Adjustment approved the applicant's variance requests (BOA 08-2926) for lot width, lot area, and front setbacks, and rear setbacks for the three lots in order to allow for lot split to occur and a third single-family dwelling to be constructed. The staff report for BOA 08-2926 is included in this packet. Proposal: The applicant has submitted an additional variance request to allow for an adjustment of recently established property lines in order to follow an existing fence line that dates back to the 1930s. This property line adjustment would further reduce the lot area of Lot 6A below the minimum lot area and the lot area variance previously approved by the Board of Adjustment. The RMF-40 zoning district requirement, 2008 Board of Adjustment December 7,2009 K.IReports12 WBOA ReportsV2-07-0900,4 09-3477(620 Whilham).doc Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 1 of 16 variance granted, and applicant's request are included in Table 2. TABLE 2: VARIANCE REQUEST FOR LOT 6A Lot 6A =FRMF-40 Zoning District 2008 BOA Variance A licant's Request Lot Area 6,000 square feet 5,886 square feet 5,090 square feet 114 square feet variance - 9107s uaze feet variance Public Comment Staff has not received public comment. RECOMMENDATION: Staff recommends approval of the requested variance to allow for the proposed property line adjustment as indicated on the submitted survey, subject to the following conditions of approval: 1. Should the variance request be approved, a property line adjustment shall be required for Lots 6A and 6B. 2. All other conditions of approval associated with BOA 08-2926 and LSP 08- 2920 shall apply. BOARD OF ADJUSTMENT ACTION. O4proved Denied Date: December 7',2009 Motion: Second: Vote CITY PLAN 2025 LAND USE PLAN 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: Staff finds that special conditions exist for this property. The Board of Adjustment granted previously a series of variances for the subject December 7,2009 K1Reports12009WOA ReportslJ2-07-091BOA 09-3477(620 Whitham).doc Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 2 of 16 property and the adjacent properties in order to allow for the development of an additional detached dwelling on an individual lot of record, finding that the request was consistent with the underlying multi-family zoning district and met several goals of City Plan 2025. The existing fence on Lot 6b has served the existing house for decades. Staff finds that the new property line between Lots 6A and 6B could reasonably be established at the existing fence line, as this is typically a feature that defines the edge or boundary of a property. 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: Staff finds that literal interpretation of the zoning regulations would not deprive the applicant of rights commonly enjoyed by other properties in the district to develop the property for a single family residence. The applicant may still make use of the subject property with or without the original fence in its current location. However, staff finds that it is a reasonable request for a property line to be adjusted to follow an established fence line and that it is a commonly enjoyed right for property owners to have a logical property line. 3. Resulting Actions. That the`special conditions and circumstances do not result from the actions of the applicant. Finding: The existing fence was in place prior to the applicant purchasing the property. However, the request to revise the previous variance request to shift the property line to the existing fence line is a result from the actions of the applicant's interest in keeping the existing fence and creating a more logical property boundary. Staff finds that the applicant has created a self-imposed hardship in that the existing fence line was not considered during the first variance and lot split proposal. 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 due to the special conditions associated with this property. The applicant is not requesting a use that is prohibited or a number of dwelling units that exceed the maximum number allowed by the underlying zoning district. Staff finds that granting the variance requests will allow for the applicant to utilize the existing December 7,2009 K:1Reports1200900A Reportsll2-07-0900A 09-3477(620 Whitham).doc Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 3 of 16 fence line as the property line, which would prevent the construction of a second fence to the cast. Staff finds that a fence line often identifies a side or rear property line. More importantly, staff finds that the density and use of the subject properties will remain the same, thus meeting the intent of the underlying zoning 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: Existing nonconformities 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, December 7,2009. 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 variance is the minimum needed to revise the property line to the existing fence line. 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 a variance for the subject property would be in keeping with the overall character and harmony of the neighborhood. The variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare, with conditions as recommended herein. Staff finds that the issue leading to the variance request is interior to the subject properties and will have no affect on the public or adjacent December 7,2009 K.IReports120091BOA ReportsU2-07-091BOA 09-3477(620 Whitham).doc Board of Adjustment BOA 09-3477 Jorgensen -Agenda Item 2 Page 4 of 16 properties. 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 bas recommended conditions of approval on page 2 of this staff 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: N/A December 7,2009 K-1Reports1200MOA ReportsU2-07-091ROA 09-3477(620 Whitham).doc Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 5 of 16 JORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS 124 WEST SUNBRIDGE,SUITE 5 . FAYETTEVILLE,ARKANSAS 72703 (479)442-9127 - FAX(479)582-4807 DAVID L.JORGENSEN,P.E.,P.L.S. JUSTIN L.JORGENSEN,P.E. BLAKE E.JORGENSEN,P.E. City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Attn: Planning Department/Chair of the Board of Adjustment Re: Jorgensen Lot Line Adjustment To Whom It May Concern: Please find the attached Lot Line Adjustment and Variance Request for property located on the corner of Whitham Avenue and Taylor Street. This property was adjusted and approved for various variances in March of 2008, where the Board of Adjustments found in favor of several variances needed to make this property available for a further split.However, after further planning has occurred, I would like to adjust the property line that runs north and south that splits lots 6A & 6B to run along the existing fence, this will prevent maintenance issues between the two properties and is something that I probably should have requested previously. It is my understanding that the Board of Adjustment would have to grant an additional variance for lot 6A, the following variance is being pursued: Original Lot 6A Bulk Area:5,886 sq.ft. New Lot 6A Bulk Area: 5,090 sq.ft. Total Reduced Bulk Area: 796 sq.ft. Required Bulk Area: 6000 sq.ft. Requested Variance: 910 sq.ft. As mentioned,this lot has been approved for several variances, and I feel that this additional variance is not a hindrance to the existing lots nor does it detract from the surrounding properties.Please contact me with any questions or comments. Thanks for your time and consideration. a Jorgensen, P.E. STRUCTURAL DESIGN'LAND DEVELOPMENT'WATER SYSTEMS'WASTEWATER SYSTEMS'LAND SURVEYING December 7,2009 Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 6 of 16 fa = m m m " �owim An mno n Zvvmimnm To n D A ' nTx� mo A➢ t Tx i _ _ _.. -. v2=vmm -,Z ➢DAo mo � ynomo� $ O n anumo.onn a�.m,� �=mx m m me IIWHITHAM AVENUEA —(50'R.O.W.) ✓ v 63.93' �12 m G ISI s m I n �mo22muFniZr-c a, _ - n mvan'^4_ 'v uTn:mzo P" > m E y I cr a g it /•m �mI �I z.•m a � � — '. s a mSzm m SOUTH _ n s n .:III o 61.05 Y w A ryF y nm e4aIo y > NORTH 5000' ani p i FS v. I II / T 0 N ninnvcmm m II �' � � m c v a m v v omnm�mm a I N - m / a a ommxz gzza� m a , mmxz mma a -. _ m-z mm-x mom o 5.y T b"` PO minim � n „Y' - - - oaa m i nm nmmo N���a _ AOTx nonoonoA n Z Tam Aonz mo a`m nN a`^Y mY'�A A (7 oii:oi z �;�mo umm".. niY mhi YET yD�m` n na y s . .3aa aim 'an y y 3 s or.ym,-in nYooia"m I}I I ®®®id®OSmn. o m � n m � '^j,�'�5lmanma cga� m �Emlm �yNm p - JOROENSEN & ASSOCIATESV A"z A"�n tuber 2009 .ixeEas sunvcroa cwu E> s LOT LINE ADJUSTMENT FORE k4 n �m 8mm oard of Ad ustment E ✓O--ENSEN BLAK7 +` ....rt„._�,.,,....,m_,....�...,,......_,-......,�.. Jorgensen Agenda Item 2 Page 7 of 16 110 =- a 7'n OA Meeting of March 03, x()0088 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: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: Py' S April 25, 2008 BOA 08-2926 (BLAKE JORGENSEN, 444): Submitted by BLAKE JORGENSEN for property located at 620/626 N. WHITHAM AVENUE. The property is zoned RMF-40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.37 acres. The request is for several variances of lot frontage, lot area, and setbacks to bring existing structures into compliance as well as the lot created by a lot split of the property. Planner: Dara Sanders BACKGROUND: Property Description and History: The subject properties are located at the northeast comer of Whitham Avenue and Taylor Street and are zoned RMF-40. The surrounding land use and zoning is, included in Table 1. TABLE 1: SURROUNDING LAND USE AND ZONING Land Use Zoning North Multi-family residence RMF-40,Res. multiple family, 40 units/acre South Single family residence RMF-40,Res.multiple family, 40 units/acre East Multi-family residence RMF-40,Res.multiple family,40 units/acre West Multi-family residence RMF-40, Res.multiple family, 40 units/acre On February 28, 2008, the Subdivision Committee approved a request for a lot split on the subject property to subdivide two lots for the creation of a third lot. The lot split approval is contingent upon approval of the variance requests of bulk, area, and setback requirements included herein. Prior to the lot split proposal, the subject property consisted of two lots, Lot 6 and Lot 7,within the RMF-40 zoning district, which the following bulk, area, and setback requirements for a single family dwelling apply: Minimum lot width 60 ft. Minimum lot area 6,000 s .ft. Front setback 25 ft. Side setback 8 ft. Rear setback 20 ft. December 7,2009 K.IReports120081BOA Reports103-March 0300A(Jorgensen).doc Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 8 of 16 Lot 6A, located at the comer of Whitham Avenue and Taylor Street, was approximately 64 feet wide and contained approximately 9,147 square feet prior to the lot split request. It contains a nonconforming single family dwelling with a west front setback of approximately 15 feet and a south front setback of approximately 13 feet from the Master Street Plan right-of-way. Lot 7, located one lot north of the Whitham/Taylor intersection, was a nonconforming lot prior to the lot split request with 50 feet of frontage and a lot area of approximately 7,405 square feet. It contains a nonconforming single family dwelling with a front setback of approximately 19 feet from the Master Street Plan right-of-way. Proposal: The applicant proposes to subdivide the two lots into Lots 6A, 613, and 7 of 0.13, 0.14 and 0.11 acres respectively, resulting in 3 nonconforming lots. The proposed lot split would reduce the lot area for Lot 6A from 9,147 square feet to 5,886 square feet,the lot area for Lot 7 from 7,405 square feet to 4,727 square feet, and create Lot 613, with 6,078 square feet and 55 feet of frontage, for construction of a two family residence. Furthermore,the applicant proposes a reduced front setback of 15' (a 10' variance)for Lot 613. The existing drive for Lot 7 is located at the east and north property lines of Lot 613, resulting in a reduction of buildable space and usable yard area for the new lot. The proposed bulk, area, and setbacks are indicative of the RSF-8 zoning district. While the applicant could request to rezone the property to RSF-8 so that the lot split would meet most of the bulk and area requirements of the revised zoning district, staff finds that a down zoning action is inappropriate in an already dense area in close proximity to the University campus; therefore, staff supports the applicant's request, finding that it is an appropriate infill project that meets the.density intent of the RMF-40 zoning district, as well as goals and objectives of City Plan 2025. Request: 1) Lot 6A - the applicant requests a lot area and setback variance to bring the nonconforming lot and existing nonconforming structure into conformity. 2) Lot 613 - the applicant requests lot width and lot area variances for a new two family dwelling and a front setback variance for the future construction of a residence. 3) Lot 7—the applicant requests a lot area, lot width, front setback, and rear setback variance to bring the existing nonconforming lot and structure into conformity. Ordinance Applicant's Request Pre existing Requirement Lot 6A Lot Area 6,000 SF 5,886 SF (a 114 SF variance) Front Setback(West) 25' 15' (a 10' variance) Front Setback(North) 25' 10' (a 15' variance) Lot 6B Lot Area 6,500 SF 6,078 SF (a 425 SF variance) Front Setback 25' 15' (a 10' variance) Lot Width 60' 55' (a 5' variance Lot 7 Lot Area 6,000 SF 4727 SF a 1275 SF variance) Front Setback 25' 15' (a 10' variance) Rear Setback 20 8' (a 12' variance) Lot Width 60' 50' (a 10' variance) December 7,2009 K.Reports12 OMOA Reports103-March 031BOA(Jorgensen).doc Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 9 of 16 RECOMMENDATION: Staff recommends approval of the requested variances to bring the existing nonconforming portions of the lots and structures into compliance, including the following: 1) Request for a west front setback variance of 10' for a total west front setback of 15' for Lot 6A. 2) Request for a south front setback variance of 15' for a total south front setback of 10' for Lot 6A. 3) Request for a front setback variance of 10' for a total front setback of 15' for Lot 7. 4) Request for a lot width variance of 10' for a total lot width of 50' for Lot 7. Staff recommends approval of the requested variances to allow for the proposed lot split,including the following: 1) Request for a lot area variance of 114 square feet for a total lot area of 5,886 square feet for Lot 6A. 2) Request for a lot area variance of 425 square feet for a total 6,078 square feet for Lot 613. 3) Request for a front setback variance of 10' for a total front setback of 15' for Lot 613. 4) Request fora lot width variance of 5' to allow for a lot width of 55' for Lot 613. 5) Request for a lot area variance of 1,275 square feet for a total lot area of 4,727 square feet for Lot 7. 6) Request for a rear setback variance of 12' for a total rear setback of 8' for Lot 7. The following conditions of approval shall apply: 1. The lot split shall be filed prior to building permit approval. 2. Any structure constructed on Lot 6B shall be constructed to appear as a single family home from the street, limited to a maximum of two dwelling units. 3. No expansion of the existing structures, without Board of Adjustment approval, shall occur within the building setbacks, with the exception of that noted herein. 4. The variances shall only be applicable for the existing single-family structures and the proposed single-family structure. Future development or re- development of the site will require the property owner to meet all applicable building setbacks. 5. A building permit shall be obtained prior to commencement of any construction on Lot 6B. All existing structures, easements and utilities shall be December 7,2009 K.Teports120081BOA Reports103-March 0300A(Jorgensen).doc Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 10 of 16 located on the site plan submitted for building permit consideration. 6. Should the lot width variance request for Lot 613 and/or the lot area variance requests for Lots 6A and 7 be denied, the lot split approval shall be null and void. Additional Conditions/Comments: BOARD OT ADJ[7STMENT:ACTIQN: x Approved Denied Date Maxch 312008'= , Motion Nickle Second Zant' Vote 5 01 CITY PLAN 2025 LAND USE PLAN 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: The houses on Lots 6A and 7 are existing nonconforming structures, dating from approximately 1926. The lots also predate current zoning bulk and area requirements and exist as nonconforming. Staff finds the request to bring the existing lot and structures into compliance demonstrates sufficient special conditions to warrant granting a variance for this request. The applicant proposes to save a large tree located on Lot 613 and proposes a reduced front setback in order to construct the proposed home away from the tree to ensure its preservation. Furthermore, Lot 7 is accessed by a gravel drive, see site plan,that exists on a portion of Lot 613,which has been placed in a private access easement and reduces the buildable area for the new lot. 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 December 7,2009 K.1Repor1s120081BOA Reports103-March 03180A(Jorgensen).doc Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 11 of 16 regulations. Finding: Literal interpretation of zoning regulations for Lots 6 and 7, as they currently exist, allow for the continued existence of the structures and lots as nonconforming. Bringing Lot 7 and the structures on Lots 6 and 7 into compliance would permit the applicant to make additions and/or improvements to the homes. Literal interpretation of zoning regulations for Lot 6B will not allow for the creation of the lot and the proposed structure, as it does not meet the minimum lot width and front setback requirements as currently proposed. The proposed lots would have similar lot areas and setbacks to those existing in the neighborhood. Furthermore, staff finds that literal interpretation of the zoning regulations for Lot 6B conflict with the goals and objectives of City Plan 2025 to encourage infill development, to encourage and promote attainable housing options, to encourage and provide more opportunities for people to live and work in the City, and to promote compact development in strategic locations. The creation of Lot 6B, due to its location in relation to the University of Arkansas and Downtown Fayetteville, will promote several of the goals and objectives adopted by the City of Fayetteville and promoted by the Planning Division; as a result, staff supports the applicants proposal. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The existing nonconforming nature of Lots 6A and 7 and the existing structures predate the applicant, and therefore does not result from the actions of the applicant. However, the request to subdivide the two lots into three, subsequently reducing the lot area for Lots 6A and 7 and proposing setback and lot width dimensions for Lot 6B below the minimum required, is an action of the applicant. The applicant could request to rezone the property to RSF-8 and return to the Board of Adjustment with a request for a variance from lot area requirements for Lot 7; however, staff does not generally support spot zoning and finds that down zoning the subject properties is inappropriate in an already dense area with bulk, area, and setbacks comparable to the applicant's proposal. 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 December 7,2009 K.IReports1200800A Reporlsl(13-March 031 BOA(Jorgensen).doc Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 - Page 12 of 16 this applicant due to the unique and special conditions associated with this property. 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 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, March 3,2008. 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 variances for Lots 6A and 7 are the minimum variances necessary bring the adjusted lots and existing structures into compliance. The requested front setback variance for.Lot 6B is not the minimum variance necessary to allow for the construction of a single family structure. However, staff finds that the request is justified as the request is congruent with the front setbacks of the surrounding residential structures. Allowing the reduced setback will be compatible with the neighborhood and create a uniform and pedestrian friendly streetscape. Furthermore, Lot 7 is accessed by a gravel drive, see site plan, that exists on a portion of Lot 6B, which has been placed in a private access easement and reduces the buildable area for the new lot. 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 a variance for the existing lots and structures, as well as the December 7,2009 K.lReports12008WOA Reporls103-March 0300A(Jorgensen).doc Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 13 of 16 proposed lot and structure, would be in keeping with the overall character and harmony of the neighborhood. The variances will not be injurious to the neighborhood or otherwise detrimental to the public welfare,with conditions as recommended herein. 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 a primary condition that the variances only be applicable for the existing single-family structures and the proposed single-family structure. Future development or re- development of the site will require the property owner to meet all applicable zoning setbacks. 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 December 7,2009 KAReporls120081ROA Reports103-March 0300A(Jorgensen).doc Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 14 of 16 BOA09-3477 JORGENSEN/620 N. 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M. is ...._....... ....__.._._._.......ss .._._........_. ...... _ ...__...__.._...._ __.......__........_ ..._....._.. ...... .—.d%Ecce=�_:_......................_.. ..._..... ........ —......_s..x:::::::. is is is is is is is is is �:�.®x_kis is is k -: k E � .E ; is .........'.. is . .:: is 7 is ' is _ ais iis s i is is 2-::..::: --"lF:�. ;ea3": ie :. is is i l '4is iE o ].6 ' Lf vet' [ A isis is is is Board of Adjustment BOA 09-3477 Jorgensen Agenda Item 2 Page 16 of 16 TayeF BOA Meeting of December 7, 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: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: November 30, 2009 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. Planner: Andrew Gamer BACKGROUND: Property Description and Background: The subject property is located within the Walker Park Neighborhood at the northeast comer of Martin Luther King Boulevard and Church Avenue (120 Martin Luther King Boulevard) and is zoned NC, Neighborhood' Conservation. The lot contains an existing approximately 960 square foot single family home constructed in 1911 (98 years old). The home is located on the souther half of the property and the northern half of the property is undeveloped. The house is accessed from a side-loaded driveway on Martin Luther King Boulevard. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use/Zoning Direction from Site Land Use Zoning North, East, West Single family residential NC, Neighborhood Conservation South Undeveloped; Multi-family residential; Church DG, Downtown General Proposal: The applicant proposes to subdivide the lot into Tracts 1 and 2 of 3,004 square feet each, resulting in two nonconforming lots as indicated in Table 2. The applicant's stated intent is to build an additional detached single family residence on the new lot. Table 2: Variance Request Variance Issue Ordinance Requirement Applicant's Request Tract 1 Lot Area 4,000 square feet 3,004 996 square foot variance Tract 2 Lot Area 4,000 square feet 3,004 996 square foot variance December 7,2009 K.IReports120091BOA Reports111-07-091BOA.09-3479(Mullins).doc Board of Adjustment BOA 09-3479 Mullins Agenda Item 3 Page 1 of 12 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. The lot split shall be filed prior to building permit approval for Tract 1. 2. In order to retain the detached single family development pattern and density of the immediate surrounding neighborhood, development on each of the new tracts shall be limited to one detached single family residence. 3. In order to retain the traditional development pattern of the surrounding neighborhood, homes on the new tracts shall be oriented with parking and garages/carports located behind the front build-to zone. Garages/carports shall not protrude forward from the principal fagade of the structure. Additional Conditions/Comments: trt��_?E...1 kl ; & t �...[ i[ s,r4€.l C €� a#a�€.. .Cf c€:€€ rt€ ......:�CCr . ... .ars..._.€r_ .: �geatr_C_ CITY PLAN 2025 GOAL 1: "We will make appropriate infill and revitalization our highest priorities." FUTURE LAND USE PLAN DESIGNATION: City Neighborhood Area— Walker Park Neighborhood Master Plan FAYETTEVILLE UNIFIED DEVELOPMENT CODE: 161.23 Neighborhood Conservation Zoning District (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other (downtown) zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. - (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-familydwellings Unit 9 Two-family dwellings Unit 41 Accessory dwellings December 7,2009 K:1Reports120091BOA Reponsll2-07-091BOA 09-3479(Alulliw).doc Board of Adjustment BOA 09-3479 Mullins Agenda Item 3 Page 2 of 12 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 not exist that are peculiar to the parcel directly related to lot width. The property is a rectangle approximately 45 feet wide and 133.50 feet deep, originally platted as part of Lot 1 in Block 22 of Jennings Addition. This-is not an unusual lot size or shape, though it is larger than the minimum requirements of the NC zoning district. It is a special condition unique to property in this particular neighborhood that qualifies it as appropriate for infill development consistent with the City's adopted comprehensive plan (City Plan 2025). The City's comprehensive plan provides the purpose. and intent for zoning regulations. A comprehensive plan must be in place before zoning, is adopted, according to state and federal law. Many lots in this neighborhood or in the NC zoning district are not appropriate for infill due to lack of street frontage, lot size, or the general lot configuration. It is a special condition that the existing home is located on the southern portion of the property directly facing Martin Luther King Boulevard. As this is a corner lot, the remaining large backyard has the potential to be developed with direct access onto Church Avenue. It is also an unusual circumstance that the zoning criteria permits the property to be developed for a two-family home (duplex), but the lot cannot be subdivided and developed for two single family homes given the current lot area regulations. The requested variances, if subject to the recommended conditions of approval, would allow infill and revitalization of this property consistent with the City's comprehensive plan. 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 not deprive the December 7,2009 K.IReports120091BOA Reports112-07-091BOA 09-3479(Mullins).doc Board of Adjustment BOA 09-3479 Mullins Agenda Item 3 Page 3 of 12 applicant of rights commonly enjoyed by other properties in the same district. In its current configuration, the property may continue to be utilized for one single family residence on a conforming lot, similar to the other properties in this neighborhood, or it may be developed for a two- family residence/duplex, in contrast to the surrounding single family homes. The applicant proposes two lot area variances in order to create two 3,004 square foot lots in the NC zoning district and develop the additional lot for a single family residence. Staff finds that the variances would not increase density over the current zoning if conditioned appropriately; rather the variances would permit an additional detached single family residence as opposed to a duplex. The variance would permit infill on the property in a configuration similar to the surrounding development pattern. Staff finds that literal interpretation of the zoning regulations for lot area in this situation conflict with the goals and objectives of City Plan 2025 to encourage appropriate infill development, to encourage and promote attainable housing options, to encourage and provide more opportunities for people to live and work in the City, and to promote compact development in strategic locations. As City Plan 2025 is the overriding adopted land use plan for the City and the background for the zoning code, the policy to encourage appropriateinfill is a unique and applicable consideration, and.approval of the variance will be, in staffs opinion, "...in keeping with the spirit and intent of the zoning ordinance."' in this particular case (Arkansas Code Annotated 14-56- 416(2)(B)(i)(2)). In addition, the variance will be in keeping with the stated purpose of the Neighborhood Conservation, NC, zoning district which, "Serves to promote and protect neighborhood character." (Fayetteville UDC Section 161.23(A)). 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The applicant's desire to split the property into two non-conforming lots reduces the lot area below the minimum required. The existing structure and layout of the lot predate the applicant, and therefore do not result from the actions of the applicant. The applicant could build a duplex on the property in order to get the one additional residential unit. However, such a proposal would not be in keeping with the surrounding detached single family neighborhood, or the adopted policies of City Plan 2025 to encourage appropriate infill 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 two requested lot area variances will not confer special December 7,2009 K.-Reports120091BOA Reports112-07-091BOA 09-3479(Mullins).doc Board of Adjustment BOA 09-3479 Mullins - Agenda Item 3 Page 4 of 12 privileges on this applicant, in terms of density, land use or setbacks. Two dwellings could be permitted on this property by developing it for a duplex; however, it is the applicant's desire to construct one additional detached single family residence. Staff finds that the applicant's proposal is more consistent with goal No. 1 of City Plan 2025,and more appropriate in a NC zoning district than developing the site for a duplex. Staff does not find that meeting the goal for appropriate infill is a special privilege in this case; rather it is the implementation of the adopted land use plan for the City. 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 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 maybe approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held: Finding: A public hearing is scheduled for'Monday,December 7, 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: Reasons are provided throughout this report that discuss the justification for granting the variances. The variances are the minimum needed to make possible the creation of two single family lots compatible with the surrounding neighborhood. A variance is not needed to construct a duplex on the 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. December 7,2009 K:Weports120091BOA Aeportsll2-07-091BOA 09-3479(Mullim).doc Board of Adjustment BOA 09-3479 Mullins Agenda Item 3 Page 5 of 12 Finding: Given the surrounding lot configuration and development pattern in this older neighborhood with single family homes on narrow lots, staff finds that the proposal to create two new lots as shown on the survey would not be injurious to the neighborhood. Rather, the proposed lot sizes and development pattern would be more compatible with the surrounding land use, which consists of single family homes on small lots, with conditions recommended herein. Also see discussion under Findings No. A.1 and A.2. It is staffs finding that the granting of the variance would be in keeping with the spirit of the zoning ordinance. 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 conditions that development on the new lots be limited to detached single family homes, and that parking for the homes is side or rear-loaded in keeping with the traditional neighborhood' character. Future development or re- development of the site will require the property owner to meet all applicable building setbacks and the build-to zone requirement. 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: Single-family dwelling units are a use permitted by right in the NC zoning district. December 7,2009 K.lReports120091BOA Reportsll2-07-091BOA 09-3479(Mullins).doc Board of Adjustment BOA 09-3479 Mullins Agenda Item 3 Page 6 of 12