HomeMy WebLinkAbout2004-11-08 - Agendas FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
Monday,November 8,2004,3:45 p.m.
Room I 11,City Administration Building
The following items will be considered:
Approval of minutes from the 9107/04 and the 10/04/2004 meetings.
New Business:
1. BOA 04-1300(RUDZINSKI,215): Submitted by YUME RUI;ZINSKI for property located at 3259 N KINGS CROSS.
The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.18 acres. The requirement is for
an 8'side setback. The request is for a 5'side setback(a 27'variance.) I Planner: LEIF OLSON
2. BOA 04-1273(MIKE PARKER/RFMINGTON PLACE,444): Submitted by MIKE PARKER for property located at
1060 W EAGLE STREET. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately
0.34 acres. The requirement is for a 25' front setback. The request is for a 4' setback(a 21'variance.)
Planner:LIEF OLSON
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(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 575-8330.
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 ftom applauding or booing any speakers or actions
of the Board of Adjustment.
2004 Board of Adjustment Members
Sherrie Alt
Michael Andrews (Chairman)
Michael Green
Robert Kohler
James Kunzelmarm
Bob Nickle
Joanne Olzewski
FAYETTEVILLE BOA Meeting of November 8, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Leif Olson,Associate Planner
THRU: Dawn T. Warrick, AICP,Zoning &Development Administrator
DATE: November 1, 2004
BOA 04-1300 (RUDZINSKI,215): Submitted by YUME RUDZINSKI for property located at
3259 N. KINGS CROSS. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.12 acres. The request is for a side setback of 5' (a
2' 7"variance).
Planner: LEIF OLSON
RECOMMENDATION:
Staff recommends denial of the requested side setback variance based on findings stated
herein.
BOARD OF ADJUSTMENT ACTION: 0 Approved 0 Denied
Date: November 8, 2004
BACKGROUND:
Property description: The subject property is located at 3259 N. Kings Cross., which is more
accurately described as Lot 2, Block 8 of Huntingdon Subdivision. The lot consists of
approximately 7,832 SF, which does not comply with the minimum allowable lot area in the
RSF-4 zoning district for a single family home (8,000 SF). The lot frontage along N. Kings
Cross is 3 7.27' which does not comply with the lot minimum width in a RSF-4 zoning district
(70').
Proposal: The applicant requests a variance for the portion of the structure that is located within
the building setback.
Request: The request is for a side setback variance of 2' 7", resulting in a 5-foot setback along
the side (west)property line. Additionally,the driveway providing access to the structure is
elevated and thus constitutes a structure. A variance from the front setback mill be required in
K:\Reports\2004\BOA Reports\l 1-08-04\130A 04-1300.doe
October 08,2004
Board of Adjustment
BOA 04-1300(Rudzinski)
Page 1.1
order to permit the construction of the driveway.
I Ordinance Requirement Applicant's Request
Side Setback(west) 18'/77'per covenant of Subd. 5' (a 2' T'variance)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single-family residence RSF-4, Res. single-family, 4 units/acre
South Single family residence RSF-4, Res. single-family, 4 units/acre
East Single family residence RSF-4, Res. single-family, 4 units/acre
West Vacant, Common Area RSF-4, Res. single-family, 4 units/acre
GENERAL PLAN DESIGNATION Residential
FINDINGS:
§ 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: No special conditions or circumstances exist which are peculiar to the land or
structure that are not applicable to surrounding properties and buildings in
the same district.
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: The zoning regulations will not deprive the applicant of rights commonly
enjoyed by other surrounding properties.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The request for a variance is a result of the applicant's proposal to construct
this structure on the property.
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
K:\Reports\2004\BOA Reports\1 1-08-04\BOA 04-1300.doc
October 08,2004
Board of Adjustinent
BOA 04-1300(Rudzinski)
Page 1.2
other lands, structures, or buildings in the same district.
Finding: Granting the requested variances will confer special privileges to the
applicant that are denied by Zoning and would require a variance request
from other properties within the same 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: No other nonconformities were considered as a basis of the findings stated in
this staff report.
§ 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,November 08,2004.
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.
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: The proposed side setback variance is the minimum variance necessary to
accommodate the proposed single family home. Granting a variance for a
side setback reduction will grant special privileges to this property not
commonly enjoyed by the surrounding properties.
C. Conditions and Safeguards. In granting any variance, the Board of
KAReporLs\2004\B0A Reportski 1-08-04�BOA 04-1300.doc
October 08,2004
Board of Adjustment
BOA 04-1300(Rudzinski)
Page 1.3
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations.
Finding: Reasons set forth in the application do not justify granting the requested
variance. The applicant may change the dimensions of the proposed
structure so that it will fit within the building setbacks. Staff recommends
denial of the 21 71' side setback variance request. Staff does support a
variance from the front building setback in order to accommodate the
driveway structure.
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
K\Repons\2004\B0A Reports\1 1-08-04\BOA 04-1300.doe
October 08,2004
Board of Adjustment
BOA 04-1300(Rudzinski)
Page 1.4
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.
11 Unit 1 City-wide uses by right
Unit 8 Single-family dwelling
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility faciliffies
Unit 4 Cultural and recreational facilities
Unit 9 Two-family dwellings
Unit 24 Home occupations
Unil:36 Wireless communications facilities
(C) Density.
Single-family Two�lfamily
I
dwellinqs dTwwe0lllngZ
11 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
(E) Setback requirements.
I Side Rear
25 ft. 1 8 ft. 20 ft..
(F) Height. None.
(G) Building area On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot.
K:\Reports\2004\BOA Repons\1 1-08-04\130A 04-1300.doe
October 08,2004
Board of Adjustment
BOA 04-1300(Rudzinski)
Page 1.5
Chair of the Board of Adjustments 07
Planning Division
125 West Mountain Street
Fayetteville, Arkansas 72701
bear Chair and Members of the Board:
Lam writing this letter to request an adjustment on a side yard setback
requirement currently assigned to Lot 2 Block 8, Huntingdon Subdivision of the
City of Fayetteville. I make this request based on the following criteria:
a) There exist special conditions that are peculiar to this land due to
topography, site drainage, and existing mature trees. This site is one
of the last undeveloped parcels in the Huntingdon Subdivision, an
area largely built up in the 1980s. The site is pie-shaped with the
smallest dimension fronting on the existing cul-de-sac.
• The special topographic condition of this site is that it is steeply
sloped downhill from the cul-de-sac, making it an extremely
challenging location for a house. Because of the existing slope, we
have tried to locate the house as close as possible to the road.
This minimized the amount of the site being covered by an
impervious driveway.
• The site is located downhill from the cul-de-sac into a gully at the
bottom of the slope. The footprint of the proposed improvement
has been minimized to cause the least possible impact on the
natural drainage paths of the site.
• Many mature deciduous trees currently ring the site. In
consideration of the local concerns about tree canopy retention
and hillside development, the footprint of the house has been
minimized to cause the least environmental impact as possible.
b) Literal interpretation of the provisions of the ordinance would deprive the
applicant from being able to construct a house on this site right
commonly enjoyed by other properties in the same district. The site is
one of the last unimproved properties in the neighborhood because of
the extreme difficulty previous owners have encountered when
working within the existing requirements. Included in this petition is a
fax from the previous owner documenting the difficulty she had in
situating a house within the existing confines of the site, thus leading
to her decision to sell the property.
c) The topographic condition of the site, natural drainage paths of the site,
and the presence of a healthy existing tree canopy in conjunction with
the setback dimensions all place severe restrictions of the site, and
none of these special conditions are the result of the applicant's
actions.
d) The variance being requested is for a 2'-8" overhang of a stair along the
side yard setback. This overhang occurs along only 64' of the
setback in question. Granting this adjustmentwill not conf@lgOpW,2W
Boardof.A4:iustment
BOA,a4,1360(RttdzhAi)'
Page 1.(e
special privilege to this property than what other properties in this
district already enjoy.
I sincerely hope that you will favorably review this request for adjustment. Since
this is the last unimproved property on the cul-de-sac, the house adjacent to the
setback in question already exists. The requested setback ove I rhang adjustment
for our property will NOT cause our construction to be in close p im ty with 6
location of the existing adjacent house. The two will be separated by 27 feet.,
Sincerely,
Ru ell 8,Yuma Rudzinski
0 r_
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October 08,2004
Bomd of Adjustment
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FAYETTEVILLE BOA Meeting of November 8, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNfNG DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Leif Olson, Associate Planner
THRU: Dawn T. Warrick, AICP, Zoning & Development Administrator
DATE: November 1, 2004
BOA 04-1273 (PARKER, 445): Submitted by MIKE PARKER for property located at 1060
EAGLE ST. The property is zoned RMF-40, RESIDENTIAL NWLTI FAMILY -40
UNlTS/ACRE and contains approximately 0.34 acres. The request is for a front setback of 4' (a
21' variance). Planner: LEIF OLSON
RECOMMENDATION:
Staff recommends approval of the requested front setback variance as shown on the
attached site plan (survey)with the following conditions:
1. The proposed development shall comply with all other development regulations for
a single-family home in the RMF-40 zoning district.
2. No future alterations or additions shall be permitted on the southern portion of the
property without Board of Adjustment approval.
- -------------
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BACKGROUND:
Property description: The subject property is located at 1060 Eagle St. on the comer of Eagle
St. and Garland Ave. Currently a 2,240 square foot single-family home (including a basement)
is located on the property,which is a portion of Lot 7 and the south half of Lot 8, Block 12 of the
Rose Hill Addition. The lot consists of approximately 14,8 10 SF, which complies with the
minimum allowable lot area in the RMF-40 zoning district for a single family home (6,000 SF).
It also has adequate frontage onto Eagle Street.
The applicant has provided a letter stating that they did some repairs to the structure which
required the replacement of a wall in the basement. The replacement of the basement wall
K:\Reports\2004\BOA Reporrs\]1-08-04\BOA 04-1273.doc November 8,2004
Board of Adjustment
BOA 04-1273(Parker)
Page 2.1
required removing the front porch. The applicant has replaced the front porch with one of the
same dimensions and in the same location. The attached survey of the property shows the
location and dimensions of the structure. The RMF-40 zoning district requires a 25' front
setback. The applicant has requested a 21' variance from the required 25' setback, which would
bring the home into compliance with the current zoning regulations. A large portion of the home
exists within the required building setback area.
Proposal: The applicant requests a variance for the portion of the structure that is located within
the building setback.
Request: The request is for a front setback variance of 21', resulting in a 4-foot setback along
the front (south)property line.
Recommendation: Staff s recommendation is for approval of the requested variance for the
structure as it is currently sited on the lot. The variance does not include additional
encroachments,but will allow the existing structure to be considered conforming as it is
currently developed.
I Ordinance Requirement Applicant's Request
Front Setback (south) 1 25' cc)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Multi-family residential RMF-40, Res. multi-family, 40 units/acre
South Single family residence RMF-40, Res. multi-family, 40 units/acre
East Single family residence RMF-40, Res. multi-family, 40 units/acre
West University of Ark. P-1, Institutional
GENERAL PLAN DESIGNATION Residential
FINDINGS:
§ 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 subject and surrounding properties adjoin a 50' right of way and
require a 25' front building setback by zoning ordinance. Special conditions
or circumstances exist which are peculiar to the land or structure that are
not applicable to surrounding properties and buildings in the same district.
K:\Repons\2004\BOA Rooas\l 1-08-04\130A 04-1273.doc November 8,2004
Board of Adjustment
BOA 04-1273(Parker)
Page 2.2
The subject home was built prior to current zoning regulations.
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 prohibit access into the
existing structure which could cause a safety issue by limiting entrances and
exits.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The circumstance which has arisen does not result from the actions of the
applicant. The home was constructed in 1958 prior to the existing 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 front setback variance will not confer special
privileges on the applicant. No additional development shall occur within
required setbacks, and all bulk and area regulations are accommodated with
the existing development.
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.
§ 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,November 08, 2004.
3. Findings. The Board of Adjustment shall make the following findings:
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Board of Adjustment
BOA 04-1273(Parker)
Page 2.3
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 the minimum variance necessary to
accommodate reasonable access into the existing structure.
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 or
otherwise detrimental to the public welfare. The location of this structure is
similar in nature to other structures in the area. Many smaller
homes/structures in this older neighborhood were located closer to the right
of way than is permitted under current zoning regulations. This form of
development is typical of neighborhoods developed in the 1940-1960's.
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 existing structure is a single family home, a use permitted by right in the
RMF-40 zoning district.
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Board of Adjustment
BOA 04-1273(Parker)
Page 2.4
161.14 District Rmf-40,Residential Multi-
Family—Forty Units Per Acre (3) Land area per dwelling unit.
(A) Purpose. The RMF-40 Multi-family Manufactured home 3,000 sq.ft.
Residential District is designated to protect Townhouses&apartments
No bedroom 1,000 sq.ft
existing high density multi-family One bedroom 1,000 sq.ft.
development and to encourage additional Two or more 1,200 sq.ft.
development of this type where it is bedrooms
desirable. Fraternity or Sorority 500 sq.tRtLLe�
(B) Uses- (E) Setback requirements.
E::�S,,de Rear
ft 8
(1) Permitted uses. III P25 ft. 8 ft. 20 ft.
Unit 1 City-wide u es by right Cross reference(s)--Variance,Ch.156.
Unit 8 Single-fam ly dwellings
Unit 9 Two-family dwellings (F) Height regulations. Any building which
Unit 10 Three-family dwellings
Unit 26 Multi-family cl!A� exceeds the height of 20 feet shall be set
back from any side boundary line an
(2) Conditional uses. additional distance of one foot for each foot
of height in excess of 20 feet.
Unit2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities (G) Building area.None.
Unit4l Cultural and recreational facilities
Unit 11 Manufactured home park (Code 1965,App.A.,Ail.5([V);Did.No.2320,4-5-77;Ord.
Unit 24 Home occupation No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
Unit 25 Professional offices §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
Unit 36 Wireless communications facilities 41 16,0-D-99)
(C) Density.
FFUrots per Caere __F_16 to_40
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home p rk 100 ft.
Lot within a manufactured home park 50 ft.
Single-family 60 ft.
Two-family 60 ft.
Three or more 90 ft.
Professional offices 10oft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot\Mthin a manufactured 4,200 sq.ft.
home park
Townhouses,
Development 10,000 sq.ft.
Individual lot 2,500 sq.ft.
Single-family 6,000 sq-ft.
Two-family 6,500 sq.ft.
Three or more §'020 sq.ft.
Fraternity or Sorority 1 ac�e_
November 8,2004
Board of Adjustment
BOA 04-1273(Parker)
K:\Reports\2004\BOA Reports\1 1-08-04\BOA 04-1271doc Page 2.5
October 7,2004
Remington Place, Inc.
Mike Parker,President
P. O. Box 18
Goshen, AR 72735
City of Fayetteville,Arkansas
113 W. Mountain
Fayetteville,AR 72703
Attn: Chair of the Board of Adjustment
Re: 1060 Eagle Street,Fayetteville,AR
7
A. While remodeling the home at 1060 Eagle Street,we were installing a French
drain on the south side. We had to replace the basement wall for safety,
required by the City of Fayetteville. This required moving the front porch.
We built it back in the same place, same size.
B. The front door and porch could not feasibly be moved to another location
C. We did not have a choice due to safety and structure location
D. It will not adversely affect any other property or individual in the area. What
we have done is transform a major eyesore into a beautiful home in the same
location that it was originally
a
Signed:
Mike Parker, President
Remington Place, Inc.
November 8,2004
Board of Adjustment
BOA04-1273(Parker)
Page 2.6
11 04 03:42p Neal Hefner COhstruoZion (50IJ750-0865 F.2
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November 8,2004
Board of Adjustment
BOA 04-1273(Parker)
Page 2.7
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November 812004
Board of Adjustment
BOA 04-1273(Parker)
:)ZAWF INVESTNffiNTS,L.L.C. Page 2.8
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November 8,2004
Board of Adjustment
BOA 04-1273(Parker)
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Page 2.9
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BOA 04-1273(Parker)
Miles Page 2.10