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Home My WebLink About2013-10-07 - Agendas • Taeiile 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, OCTOBER 7, 2013 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the September 9, 2013 meeting. New Business: 2. 13-4508: Board of Adjustment (603 Vinson/Lefler, 447): Submitted by BATES & ASSOCIATES for property located at 603 N. VIIJSON. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.32 acres. The request is for variances to the lot area requirement and the side setback. Planner: QuinThomuson THIS ITEM HAS BEEN REMOVED FROM THE AGENDA DUE TO A FAILURE TO MEET PUBLIC NOTIFICATION REQUIREMENTS.THIS ITEM WILL NOT BE DISCUSSED. 3. BOA 13-4509: Board of Adjustment (491 Fairway/Jarrett, 680): Submitted by GRAY ROCK CONSULTING for property located at 491 E. FAIRWAY. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.15 acres. The request is for a variance to the side building setback to bring an existing 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 (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 eel 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. 2013 Board of Adjustment Members Kristen Knight (Chairman) Jeff Hagers Evan Niehues Tim Stein Matthew Hoffman MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on September 9, 2013 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: June 3, 2013 Approved Page 2 New Business: BOA 13-4477: Board of Adjustment(1165 N. 54th Ave./Jordan,397): Page 3 Approved MEMBERS PRESENT MEMBERS ABSENT Jeff Hagers Evan Niehues Tim Stein Matthew Hoffman Kristen Knight STAFF PRESENT Andrew Garner Jason Kelley Quin Thompson The meeting was called to order at 3:45 PM. Upon roll call all members except Niehues were present. Board of Adjustment October 7,2013 Agenda Item 1 9-9-13 Minutes Page 1 of 4 Approval of the minutes from the June 3, 2013 Board of Adjustment meeting. Motion: Board Member Stein made a motion to approve the June 3, 2013 Meeting Minutes. Board Member Hoffman seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. Board of Adjustment October 7,2013 Agenda Item 1 9-9-13 Minutes Page 2 of 4 BOA 13-4477: Board of Adjustment (1165 N. 54th Ave./Jordan, 397): Submitted by BOBBY JORDAN for property located at 1165 N. 54TH AVENUE. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.73 acres. The request is for a lot area and lot width variances to bring an existing non-conforming lot into compliance. Quin Thompson, Current Planner, read the staff report. Bobby Jordan, applicant, stated that he was present to answer questions. Motion: Board Member Stein made a motion to approve BOA 13-4477. Board Member Hoffman seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. There being no further business, the meeting was adjourned at 4:00 PM. Board of Adjustment October 7,2013 Agenda Item 1 9-9-13 Minutes Page 3 of 4 Board of Adjustment October 7,2013 Agenda Item 1 9-9-13 Minutes Page 4 of 4 i Taetrm le BOA Meeting of October 7, 2013 AS 'I 11L CHY OF F<AYETTF.V1T.i.E. ,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: September 30, 2013 BOA 13-4509: Board of Adjustment (491 Fairway/Jarrett, 680): Submitted by GRAY ROCK CONSULTING for property located at 491 E. FAIRWAY. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.15 acres. The request is for a variance to the side building setback to bring an existing structure into compliance. Planner: Jesse Fulcher BACKGROUND: Property Description & Background: The property is located at 491 E. Fairway Lane in the Masters Subdivision on the east side of the Fayetteville Country Club. The property is developed with a single-family residence that was constructed in 2005. The site plan approved by City staff indicated that the home would be located outside of a 25 foot easement and 5 foot setback (8 feet in 2005) along the south property line. However, a recently completed survey indicates that the home is only 3 feet from the property line. Surrounding land uses are listed in Table 1. Table 1 Surrounding Land Use/Zoning Direction from Site Land Use Zoning North and East Residential Single-family RSFA South Undeveloped RSF-4 West Golf Course RSF-4 Proposal: The applicant requests a variance from the side setback requirement of 5 feet to bring a nonconforming structure into compliance. The existing utility easement will also have to be vacated through a formal vacation request. Variance Request: The applicant requests a variance of 2 feet. Public Comment: Staff has not received public comment on the variance request. G:IETCIDevelopment Services Reviewl20130evelopmeni Revien U4-4509 BOA 491 Fairway(Jarreh)110 BOA 0-07-20131ConulrdgFd of Adjustment and Redlines October 7,2013 Agenda Item 3 BOA13-4509 Jarrett Page 1 of 12 RECOMMENDATION: Staff recommends approval of the requested side setback variance 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,unless otherwise approved by the Board of Adjustments. Alterations or additions shall not further encroach into the utility easement without. BOARD OF ADJUSTMENT ACTION: ❑ Approved El Denied Date: October 7,2013 Motion: Second: Vote; FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: (B)Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; Finding: Strict enforcement of the building setback ordinance would require approximately one quarter of the house to be removed to comply with the south building setback. This would be a significant hardship for the owner who purchased the home from the builder. The approved building permit site plan specifies a 25' building setback and utility easement on the south property line and shows the home to be located outside of this area (permit attached). Somehow during development of the site, the south property line was misidentified and the home was located almost over the property line. The property owner has been unaware of the situation for the last eight years, and has even established their yard on the neighbor's property (aerial attached). G:IEMDevelopment Services Ronew120130evelopment Revieiv113-4509 BOA 491 Fainvoy(Jorrelf)UO BOAVO-07- Board of Adjustment 20131Comments and Redlines October 7,2013 Agenda Item 3 BOA13-4509 Jarrett Page 2 of 12 Staff does not support building structures in building setbacks and violating a signed building permit, as occurred with this project. However, asking the owner to remove a large section of the house would be a significant burden, and one that was created by the builder. (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: In staffs opinion, granting the setback variance will not be injurious to the property to the south, since it is a large, wooded, undeveloped tract. At the time the property develops, there will be ample space to provide separation between the subject home and any new structures. (C)Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land, building or structure. Finding: Staff finds that granting the variance will bring the home into conformance with the building setback regulations. The owner will still need to receive approval to vacate a portion of the existing utility easement. (D)Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Staff has recommended a standard condition regarding future expansions to the home. (E) Non permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: The RSF-4 zoning district allows single family residential uses. G:IETCIDevelopment Services Review120131Developnent Reviewll3-4509 BOA 491 Fairway(Jarrell)V 0 BOAl10-07- Board of Adjustment 20131Comments and Redlines October 7,2013 Agenda Item 3 BOA13-4509 Jarrett Page 3 of 12 TITLE XV UNIFIED DEVELOPMENT CODE 161.07 District RSF-4, Residential Single- 15 ft. 5ft. 15 ft. Family— Four Units Per Acre (F) Building height regulations. (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the BuildingHeight Maximum 45 ft. development of low density detached dwellings in suitable environments, as well as to protect Height regulations. Structures in this District are existing development of these types. limited to a building height of 45 feet. Existing (B) Uses. structures that exceed 45 feet in height shall be grandfathered in, and not considered (1) Permitted uses. nonconforming uses, (ord.#4858). (G) Building area. On any lot the area occupied by 11 Unit 1 1 Cit -wide uses by right all buildings shall not exceed 40% of the total 11 Unit 8 1 Single-family dwellings area of such lot. 11 Unit 41 1 Accessory dwellings (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-95; (2) Conditional uses. Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6- 19-07; Ord. 5128,4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4- 20-10; Ord.5462, 12-6-11) Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cotta eHousin Develo ment (C) Density. Single-family FF_ Two-family dwellin s dwellin s Units er acre 4 or less - 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum 70 ft. 80 ft. width 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. dwellin unit (E) Setback requirements. If Front Side Rear CD161:7 Board of Adjustment October 7,2013 Agenda Item 3 BOA13-4509 Jarrett Page 4 of 12 - � t u i 1 t a r Y I ' w Planning/Sidewalk Requirements - Check List Site Address: 4q l E �n Date Received-4Z!9 oS df-- 1. A/P 11: 14104 Setbacks: N. -A-5 S.QS E. Q5 W. "�r) 2. Go into Arc Map to retrieve the following info: _/�,�, • zoning C> • Plat Page 6fy • Parcel Number -IIP 1 a8 -d 00 • sectionjownship/Range ? 7- Ile `30 • Subdivision/Phase • Lot and Block 00 • Transportation zone(TAZ) ,5-L)o1 3. Pull Plat-Look for utility easements, setbacks and sidewalk, • Does it match final plat? Y C� N-❑/ • Is Property in the Floodplain? Y❑ N L�3 • Measure Site Plan-Does it Scale? Y V N❑ • Is street shown on the Site Plan? Y 12/ N❑ • Are setbacks and Easements marked? Y Qr N❑ • Setback meet min and are measured from property line to the overhangs Y[d N • Sidewalk Required Y❑ N❑ • Sidewalk Measurements • When sidewalk is located on a corner lot,allow 21Y for each radius on each sidewalk length,Each radius=40' 4. Check Height Limit: (No height Limit in RSF-4) • Over 20' Y❑ N❑ • Setback an additional Y for each foot over 20' 5. Curb Cuts -/ • Minimum of Y off side of property line. Y L� N❑ • Min of 40'from intersections(comer lot) Y❑ N❑ Enter required info into Hansen on the 1-2 Family Info Tab. Board of Adjustment October 7,2013 aAgenda Item 3 br b�,.ld �QCrS1 BOA13Jarrett Page Page 6 of 12 U e iA-- �� C . �U V� I IJT jLItY ��sfm�n►�- e W�Iks lie I Wp E01, Llg1 EAST � „ oF4- FAIRwo Board of Adjustment October 7,2013 Agenda Item 3 BOA13-4509 Jarrett T Page 7 of 12 �.oFrU>>Llry E�mE�vr. 30 FT 7.50 UTILO 50� �f [Lome UT3z �Ty I Er�ET � ( � IF- 7 so Ft- I , z { Gvq GVT C4 r 4,f t E W EAS C'AS I qs S ►� �SmEw 1 Board of Adjustment October 7,2013 11 1 Agenda Item 3 BOA13-4509 Jarrett 1 Page 8 of 12 ay GRAY ROCK LLC. Civil Engineering and Landscape Architecture 0 C-Y �� 5204 Village Parkway,Suite 11 Rogers,AR 72758 479.966.4413 T - September 4, 2013 The City of Fayetteville, Arkansas Board of Adjustments 113 West Mountain Street Fayetteville, AR 72701 Re: Calvin Jarrett- Building Set-back Reduction Board of Adjustments Chair, The applicant, Calvin Jarrett, proposes a reduced building setback from his place of residence, 491 E Fairway Lane. This requirement became apparent recently, as the building is located across the setback line. The applicant always believed the side property line was located further south than it actually is. The existing building set-back is 25' and we are requesting that it be reduced to 3'. Thanky u, 'e� M. Dirk Thibodaux, ASLA PLA Project Manager Gray Rock, LLC. dirk@grayrockoonsulting.com Board of Adjustment October 7,2013 Agenda Item 3 BOA13-4509 Jarrett Page 9 of 12 z z £� a LLJ n ] N CD z I W F W I +U) N ,VrylrurlUpp_ �ozdr dl ' -•^tea. z 'r+ls < � ' �n,, PROFES a`s• s v g z o 'o-wnrrmr�� 1 '1 <M i < 12-0. 1=102•pp / 1 Yo" R--50-00 iw'rr jN a 4'125 ~ SO <z I L I� n — 1 It to r Ln o E li o 'Ed 6i P-0 F5 0 o I �5 li Ir HoS� _ F C?AN g i Ir �m Ea rcR � W BM �4��a ��- N1500 �ga63 oz Y CHUB `R °ws23 ,a. ��B� �< � Board n Adjustment October 7,2013 Agenda Item 3 BOA13-4509 Jarrett Page 10 of 12 BOA13-4509 JARRETT Close Up View PRIVATE 3375 SUBJECT PROPERTY RSF-0 Legend ••••••••••••• Multi-Use Trail (Existing) Future Trails Fayetteville City Limits LW OA13-4509 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 125 250 500 750 1,000 Board of Adjustment ------ Planning Area Feet October 7,2013 Age da Ite a BOA13-4509 Jarrett Page 11 of 12 BOA13-4509 JARRETT One Mile View 174 Rom RSF-0 DISCOVERYwAY 0-' RMF - 1 -1 F1 -0 11 4k / I_ C3 � ,a,,••' w a sE J IcL2 2103• _ w 4' a. RSF4Q RSF' ii'1 S 1-2 WWa W 2 RA W RA \ RSFi CY .' y r 34TH J 42 RMF-2C �� F1 2CLYDESDALE12 R qO RSF O Ze OPS R \ q F-0 G2 \ SUBJECT PROPERTY 42 RRY P cs I ♦ RSFd F SKELTON ST Fd _ ozl RSF RSFd °�vwCL RA SF I1 � RA F-0 'Z Om I1 V W F- f'I Q I1 �. % SF-0 R� RA RA „ Us „ rail Exis g) F „re Trails PRIVATE 3- Muti-Use Trail Existing HSRr R ;` ......••• Future HE Ode Hilltor) OVeDitri Overview Legend BOA 13-4509 Subject Property �BOA134509 - - ! Desi n Overlay District Boundary _ _ _ Plan iing Area FayE tteville 0 0.25 0.5 1 M IeS Board of Adjustme t October 7,201 Agenda Item 3 BOA13-4509 Jarrett Page 12 of 12