HomeMy WebLinkAbout2009-09-14 - 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, SEPTEMBER 14, 2009 at 3:45 p.m.
Room 326, City Administration Building
The following items will be considered:
1. Approval of the minutes from the August 3, 2009 meeting.
New Business:
2. BOA 09-3378 (ALAN REID / 911 HIGHLAND, 445): Submitted by GEORGE ALAN
REID JR. for property located at 911 and 853 HIGHLAND AVENUE. The property is zoned
RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.82 acre. The
request is for a variance from lot width and lot width requirements.
Planner: Dara Sanders
3. 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.
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 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
MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on August 3, 2009 at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: July 6, 2009 Approved
Page 2
BOA 09-3378 (Alan Reid, 445) Tabled
Page 3
BOA 09-3379 (Mark Zweig, 485): Approved
Page 4
BOA 09-3379 (Farmer's Coop., 523,562) Approved
Page 6
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Steven Bandy
William Chesser Arrived late
Robert Kohler
Bob Nickle
Mark Waller
Kristen Knight
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
David Whitaker
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
September 14,2009
Board of Adjustment
BOA Minutes 8/3/09
Agenda Item 1
Page 1 of 6
Approval of the July 6, 2009 Board of Adjustment meeting minutes.
Motion:
Board Member Waller made a motion to approve the minutes from the July 6, 2009
BOA Meeting. Board Member Knight seconded the motion. Upon roll call, the
motion passed with a vote of 5-0-0.
September 14,2009
Board of Adjustment
BOA Minutes 8/3/09
Agenda Item 1
Page 2 of 6
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
The applicant has requested this item be tabled to the Monday, September 14, 2009
meetin2-
Motion•
Board Member Chesser made a motion to table the item. Board Member Bandy
seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0.
September 14,2009
Board of Adjustment
BOA Minutes 8/3/09
Agenda Item 1
Page 3 of 6
BOA 09-3379 (MARK ZWEIG / 432 N. WILLOW AVE, 485): Submitted by ALAN
REID for property located at THE SE CORNER OF MAPLE AND WILLOW, 432 N.
WILLOW AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.29 acres. The request is for lot area
variances to subdivide the property into two lots.
Andrew Garner, Senior Planner, gave the staff report discussing the existing home on
the property built in 1890 that is in the process of being renovated by the applicant. He
discussed the vacant part of the lot that is proposed to be subdivided into a legal lot of
record and the variance requests of lot area. Staff recommends approval of the requested
variances for the reasons discussed throughout the staff report.
Board Member Waller asked about staff's recommendation as to whether these
variance requests were warranted by a hardship.
Garner discussed that there was not a hardship, as the applicant has the right to continue
to utilize the property for a single family residence. However, City Plan 2025 discusses
that infill and revitalization is our highest priority, and these variance requests would help
accomplish that goal. Additionally, the findings in the staff report discuss that the
variance requests would not adversely affect the public as there are a number of small
lots and houses in this neighborhood, similar to the proposed lot sizes.
Board Member Chesser asked about the size of homes in this neighborhood and the
orientation of this home.
Garner discussed that there are a wide variety of lot sizes in the Washington Willow
neighborhood. There are two lots developed with smaller homes immediately north
across Maple from the subject property that are less than 5,000 square feet.
Alan Reid (applicant) discussed the orientation of a new potential home to face Maple
Street. The existing home fronts onto Willow Avenue and there is a large vacant back
yard that is an obvious location for another home to face Maple Street.
Board Member Waller asked about one versus two nonconforming lots.
Alan Reid (applicant) responded that they worked with staff to create two lots that met
the minimum street frontage requirement, but that resulted in both lots not having enough
lot area.
Board Member Chesser asked about the special condition for the variance being infill
as a policy directive out of City Plan 2025.
David Whitaker, Assistant City Attorney, discussed that in general, consistency with the
September 14,2009
Board of Adjustment
BOA Minutes 8/3/09
Agenda Item 1
Page 4 of 6
City's zoning plan is legitimate within the sphere of a zoning variance.
Public Comment:
Sonya Stout, resident on Maple Street, discussed that she was for the variance request
and felt it was perfect for the neighborhood.
No more public comment was received.
Motion:
Board Member Chesser made a motion to approve the request with conditions as listed
in the staff report and adding a condition that the existing nonconforming shed on the
property shall be removed prior to recordation of the lot split. Board Member Bandy
seconded the motion. Board Member Nickle asked about placing the shared driveway
into an access easement. Garner discussed that issue would be addressed at the time of
the lot split. Upon roll call the motion passed with a vote of 6-0-0.
September 14,2009
Board of Adjustment
BOA Minutes 8/3/09
Agenda Item 1
Page 5 of 6
6
BOA 09-3381 (FARMER'S COOPERATIVE, 523/562): Submitted by STEVE
CLARK for property located at THE SW CORNER OF MLK BLVD. AND S. SCHOOL
AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains
approximately 7.00 acres. The request is to allow for the placement of an accessory
structure outside of the build-to zone.
Jesse Fulcher, Current Planner, gave the staff report, describing the request to allow the
building to be located outside of the build-to zone.
Board Member Kohler stated that access and maneuverability were major issues on this
site.
Board Member Waller stated that the size of the lot was also an issue.
Board Member Knight stated that the Downtown Master Plan did not anticipate a hay
barn.
Joey Dobbs, applicant, stated that the location of the barn needed to be away from the
street to allow access through the structure. Additionally, they had concerns with liability
if the building was located so close to the street.
Board Member Kohler stated that a variance seemed appropriate in this situation.
Board Member Waller asked if the variance was to allow the building anywhere, or
exactly as shown on the site plan.
Fulcher stated that the variance would allow them to locate the building outside of the
build-to zone, subject to all other development requirements.
No public comment was received.
Motion:
Board Member Nickle made a motion to approve the request with conditions as listed in
the staff report. Board Member Chesser 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 4:18 p.m.
September 14,2009
Board of Adjustment
BOA Minutes 8/3/09
Agenda Item 1
Page 6 of 6
BOA Meeting of September 14, 2009
AT 9^1
di
Faye Alle
ARKANSAS
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: September 8, 2009
BOA 09-3378 (ALAN REID / 911 HIGHLAND, 445): Submitted by GEORGE ALAN
REID JR. for property located at 911 and 853 HIGHLAND AVENUE. The property is
zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.82
acre. The request is for a variance from lot width and lot width requirements.
Planner: Dara Sanders
BACKGROUND:
Property description and history: The subject property consists of two. residential lots in
the Wilson Park neighborhood, platted in 1923, located at 853 Highland Avenue (referred
to as Lot 1 hereafter) and 911 Highland (referred to a Lot 2 hereafter).
Lot 1 contains a single family dwelling constructed in 1971 and includes a I7.5' wide
portion of vacated right-of-way for Clebum Street, which ends to the west of the subject
property. Lot 2, originally platted as two (2) individual lots, contains a single family
dwelling constructed in 1959.
Proposal: The applicant proposes to create a third lot from Lots 1 and 2, resulting in two
nonconforming lots as indicated in Table 1.
Table 1
Variance Request
Variance
Issue Ordinance Re uirement Applicant's Request
Lot 1
Lot Area 8,000 square feet 7,477 600 square-foot variance
New Lot
Lot width 70 feet 65 feet 5-foot variance
Public Comment: Staff has received public comment in opposition to the lot split.
September 14,2009
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BOA 09-3378 Alan Reid
Agenda Item 2
Page 1 of 14
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 approved by the Planning Commission and filed prior to
building permit approval for the new lot.
2. Any new construction shall comply with the bulk and area requirements of
the underlying zoning district.
BOARD Ox,ADJiTSTMENT ACTION':. ❑Approved E Denied
D'ate,'S�e 'teniber 14,2009 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: Special conditions exist for these properties. Lot 1 contained only
7,477 square feet prior to the vacation of Cleburn Street. The vacated
portion of land is now a dedicated easement containing utilities that
serve the surround area and cannot be developed. The applicant
proposes to utilize the vacated portion of Cleburn Street to contribute
to the creation of the new lot,which would reduce the lot area of Lot 1
back to the original 7,477 square feet, 523 square feet below the
minimum 8,000 square feet required by the RSF-4 zoning district.
Lot 2 was originally platted in 1923 as two (2) separate lots of record,
both containing approximately 70 feet of frontage. In 1959, prior to
September 14,2009
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BOA 09-3378 Alan Reid
Agenda Item 2
Page 2 of 14
the City's current zoning regulations, the existing structure was
constructed with a zero-foot side setback from the shared property
line of the two lots under common ownership. Since construction of
the single-family dwelling, Lot 2 has been assessed by the Assessor's
office and sold as a single lot. A property line adjustment to remove
the shared property line has never been reviewed or filed.
To create an additional single-family dwelling as proposed, the
applicant could choose one of the three options that follow:
1 —With a total of 157.09 feet of lot width and frontage and the City's
allowance of erecting more than one principal structure on a lot of
record, the owner of Lot 2 could construct an additional single-family
dwelling on the property as it exists today.
2 — Staff and the applicant have identified a way to jog the property
lines for the proposed lot in a manner that would technically comply
with the minimum bulk and area requirements of the RSF-4 zoning
district and save the wood deck and gazebo attached to the existing
structure; however, these lot lines would create a complicated
configuration that could create potential boundary issues in the
future.
3 — The applicant can request Board of Adjustment approval of a
variance request from the lot width requirement of the RSF-4 zoning
district for the proposed lot, as the proposed lot would exceed the
other minimum bulk and area requirements of the district.
Whichever scenario the applicant chooses (1-erection of more than
one principal structure; 2-creating a complicated conforming lot; or
3-receiving variance approval for the creation of a nonconforming
lot), the density and use would remain the same, with the first
scenario complicating ownership options of the property and the
second creating an unnecessarily complicated lot configuration.
Staff finds that the history of this property and the neighborhood are
unique conditions that warrant granting the variances.
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 will not allow for the
creation of the proposed lot and infill as proposed. However, Chapter
164, Supplementary District Regulations, would allow for the
September 14,2009
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BOA 09-3378 Alan Reid
Agenda Item 2
Page 3 of 14
construction of an additional dwelling unit on the property.
Furthermore, staff finds that literal interpretation of the zoning
regulations for lot area and lot width in this situation 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 the proposed lots, due to its location in
relation to Downtown Fayetteville, College Avenue commercial
corridor, Wilson Park, and the University of Arkansas, 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
applicant's proposal.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The request to subdivide the lots into two, subsequently reducing the
lot area below the minimum required, is an action of the applicant.
However, Lot 2 was originally platted as two (2) separate legal lots of
record in 1923. Staff believes that, due to the construction of the
existing single-family dwelling in 1959 and the common ownership of
two adjacent lots, the Washington County Assessor's office assigned
only one parcel number to the subject property upon implementation
of this method of tracking property in 1985. The Planning Division
has no record of any request to dissolve the property line that was
established by the original plat; therefore, staff finds that the
combination of two lots into a single lot is not an action of the
applicant.
Additionally, Lot 1 contained only 7,477 square feet prior to the
vacation of Cleburn Street; therefore, the existing nonconformity was
only resolved through the vacation process of unconstructed right-of-
way that resulted in undevelopable property that must be maintained
by the property owner.
The applicant could request to rezone the property to RSF-8 in order
to resolve the nonconformity issue. However, City Council has made
policy decisions that discourage the utilization of RSF-8 zoning in
existing RSF-4 neighborhoods for infill development, and encouraged
the variance procedure as opposed to a rezoning procedure. The
requested variances and recommended conditions on this property
would allow infill of this property consistent with adopted City
policies of encouraging appropriate infill
September 14,2009
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BOA 09-3378 Alan Reid
Agenda Item 2 -
Page 4 of 14
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 unique and special conditions associated with
this property. Staff finds that granting the variance requests will
allow for the applicant to reclaim the originally platted lot, slightly
varied, for the creation of an additional single-family dwelling in the
Wilson Park neighborhood.
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, September 14, 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 variances are the minimum needed to make possible the creation
of an additional single-family residential compatible with the use,
density, and lot configuration in the surrounding neighborhood.
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.
September 14,2009
K.IReports1200AROA Reports109-14-09WOA 09-3378(Reid).doc Board of Adjustment
BOA 09-3378 Alan Reid
Agenda Item 2
Page 5 of 14
Finding: Given the surrounding lot configuration and development pattern in
this older neighborhood with a variety of lot sizes, including several
60- to 65-foot wide lots and lots under 8,000 square feet, staff finds
that the proposal as shown on the survey would not be injurious to the
neighborhood. The proposed lot sizes and development pattern would
be compatible to surrounding land use and zoning, with conditions
recommended herein. Additionally, as staff has stated on pages 2 and
3 of this report, the applicant could construct an additional dwelling
unit on Lot 2 without variance or lot split approval from the City of
Fayetteville. However, with variance and lot split approval, the
applicant will have the opportunity to create a separate and legal lot
of record.
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 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
September 14,2009
K.IReports1200900A Reportsl09-14-09WOA 09-3378(Reid).doc Board of Adjustment
BOA 09-3378 Alan Reid
Agenda Item 2
Page 6 of 14
BOA 09-3378
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September 14,2009
Board of Adjustment
BOA 09-3378 Alan Reid
Agenda Item 2
Page 7 of 14
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September 14,2009
Board of Adjustment
BOA 09-3378 Alan Reid
Agenda Item 2
Page 8 of 14
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September 14,2009
Board of Adjustment
BOA 09-3378 Alan Reid
Page 9 of 14
Ai A,
Alan Reid
& ASSOCIATES
,PROFESSIONAL
LAND,
SURVEYORS ,
BOUNDARY
TOPO
GPS
September 3 2009
City of Fayetteville
Board of Adjustments
125 West Mountain Street
Fayetteville;Arkansas 72701
Re: Variances at 853 &`911 N.Highland Avenue
Dear Chairperson
I am submitting for your review,a request for a.variance on two separate properties.I would like to be able
to split my property at 911 N.Highland Avenue,Fayetteville;Arkansas.The property contains 27,906
square feet and measures approximately 157.5 feet(North to South)along Highland Avenue on the East
boundary and 175.0 feet(North to South)along a North-South alley on the West boundary.The property
measures approximately 170 feet in East-West direction between Highland Avenue and said alley.I
would`like to divide my property in an East-West direction at a point 10 feet South of the existing deck on
the South side of my house.,This division line would allow me 65 feet of frontage along the alley on the
West boundary of my property and 48 feet of frontage along Highland Avenue on East boundary of my -
property.
My,neighbor,Elayne James,has agreed to incorporate the North,17.5 feet of her tract into mine.This
would result n the East boundary of the tract that I wish to split off increasing to 65 feet along Highland '
Avenue.
In order to accomplish this,a variance would be required for each property: ,
1.'Ms. James:presently has 92.5 feet of frontage along Highland Avenue.,Incorporating the North 17.5 feet`
Of her properly into mine would result in her frontage bein&duced to 75 feet. This meets the.present
ordinance. She would need a variance on the bulk area requirement.By incorporating the North 17.5 feet of
her property into mine,the area of her tract would decease from 9237 square feet to 7477 square feet. Thus
she would need a variance of bulk area requirement in the amount of 523 square feet.
2. The portion of my land lain wishing to split,with the help of Ms.James,will contain 11,054 square feet.
I am asking the Board for a 5.00 foot variance on the present street frontage requirement.While 65 feet is
less than required,it is not out of character with the neighborhood.Lots in this area of town with RSF-4
zoning range in width from 55 to 75 feet.
My goal is to provide for infill by creating a nice looking suitable tract of land.
Thank you for your consideration.—
pey,,
an Reid
SepternWr 14,2009
118 S. College Avenue Fayenevtlte, Arkansas 727D1 479444 B7B4 1 BBB 549 B7B4 Fe4°A�� 1710.4
d
Agenda Item2
gage 10 of 14
Ai::; A
Alan Reid
& ASSOCIATES
PROFESSIONAL
LAND
SURVEYORS
BOUNDARY
TOPO
GPS
July 9, 20091
Board of Adjustments
3:13 West Mountain Street
Fayetteville; Arkansas 72701
Dear
Please find my enclosed response to the four items of criteria required by ordinance.
a. The tract I am wishing to split off of my property is the only tract of land on this street that is
separated from Highland Avenue by steep topography and a deep drainage ditch.Thus access would
not be practical from Highland Avenue.Because the use of the portion along Highland Avenue is for
all practical purposes non-existent and that I would also like to keep a,10 foot setback from the South
edge of the existing deck to the new property line,I am asking for the frontage requirement along
Highland to be reduced to 65 feet.
b. " Although I,an asking for a variance in the frontage requirement on the newly created lot and Ms.
James is asking for a variance on her bulk area requirement,both tracts will not be out of character
With the neighborhood. Currently,homes in this district with RSF4 zoning designation vary from 55
feet to 95 feef in width and do not meet thepresent bulk area requirement."
c. Because of the placement of the existing house,which has been in that location for over sixty years,I
am limited as to where I can divide my property m a manner which incorporates the use of nice "
looking,sensible geometric boundary lines.ff needed,I could move the division line 5 feet closer to
the deck but I would prefer not to do so if at all possible.The area Ms.James will incorporate into my .
property lies Westof a deep drainage ditch and is completely,encumbered bya utility easement.
d. I do not feel that granting this variance confers any special privilege on each of us.While I am asking
for relief on frontage requirements,I will be exceeding the bulk area requirement and be:providing a
pleasing,suitable building site with access to a public street and alley.Ms.James is asking for relief
on the bulk area,requirement'but will continue to meet the street frontage requirement:=She will ,
continue to enjoy the use and benefit of her remaining property without being encumbered by a utility
easement.
pecW Y
LL.
an Reid
Septedmber 14,2009
11$ S. College Avenue Fayettevtlle,Arkansas 72701 479 444 $7$4 1 BBB 549 8784 FB°AU9=3AA Ar
eld -
Agenda Item 2
Page 11 of 14
BOA09-3378 ALAN REID/ 911 HIGHLAND
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Agenda Item 2
Page 12 of 14
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Agenda Item 2
Page 13 of 14
September 14,2009
Board of Adjustment
BOA 09-3378 Alan Reid
Agenda Item 2
Page 14 of 14
,-
i BOA Meeting of September 14, 2009
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment -
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: September 9, 2009
BOA 09-3422(SALAZAR/1121 N.MISSION BLVD.): Submitted by COLBY SALAZARfor
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. Planner: Jesse Fulcher
BACKGROUND:
Property Description: The subject property is located at the northwest comer of Mission Boulevard
and North Street. According to County records,the subject property was developed with a single-
family home in approximately 1921. The southeast comer of the existing rock home is located
outside of the Master Street Plan right-of-way;however,the front porch encroaches into the right-of-
way.
SURROUNDING LAND USE AND ZONING
Direction from Land Use Zoning
Site
North Single-Family Residential RSF-4, Single-Family Res., 4 units/acre
South Single-Family Residential RSF-4, Single-Family Res., 4 units/acre
East Single-Family Residential RSF-4, Single-Family Res., 4 units/acre
West Single-Family Residential RSF-4, Single-Fami!y Single-FamilyRes., 4 units/acre
Proposal: The applicant is requesting a variance from the front setback requirement of 15' to bring
the existing home into compliance with current setback requirements.
Variance Issue Ordinance Requirement Applicant's Request
Front Setback(Mission Blvd. 15' 0' (a 15' variance
RECOMMENDATION:
Staff recommends approval of the requested setback variance as listed herein and as shown on
the attached drawing with the following conditions:
1. A building permit shall not be granted for an expansion to the structure, or for
improvements that exceed 25% of the current replacement cost of the structure
K.IReporis1200900A Reports109-14-091BOA 09-3422(Salazar 1121 Mission).doc
September 14,2009
Board of Adjustment
BOA 09-3422 Salazar -
Agenda Item 3
Page 1 of 10
unless and until the City Council approves a reduction of the Master Street Plan
right-of-way for Mission Boulevard.
2. Future alterations or additions to the existing structures shall meet required
building setback regulations, unless otherwise approved by the Board of
Adjustments.
Additional Conditions/Comments:
BOARD OF ADJUSTMEMT ACTION': O Approved O Denied
Date: September 14 20,09
_.
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CITY PLAN 2025 LAND USE 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:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: There are special conditions and circumstances that exist for this building. The
existing structure was constructed in 1921, well prior to the adoption of the
City's zoning ordinance and Master Street Plan. Consequently,the structure is
located within the required building setback,necessitating a setback variance to
bring the building into compliance.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
K.IReports120091BOA Reports109-14-091BOA 09-3422(Salazar 1121 Mlssion).doe
September 14,2009
Board of Adjustment
BOA 09-3422 Salazar
Agenda Item 3
Page 2 of 10
Finding: Literal interpretation of zoning regulations would greatly reduce the applicant's
ability to improve or expand the existing structure on the property.The existing
building could be retained on the property,but without a variance the applicant
could only make ordinary repairs not exceeding 25% of the replacement value
of the structure. As stated by the applicant, the existing structure requires
significant repairs and reconstruction, which will easily exceed the 25%
replacement cost. Thus, literal interpretation would deprive the applicant of
rights commonly enjoyed by other properties in the same district.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: Special conditions or circumstances are not the result of the actions of applicant.
The location of the existing structure was determined when the property was
developed in 1914, prior to the adoption of the City's zoning regulations and
prior to Mission Boulevard being classified as a Principal Arterial requiring
48.5' of right-of-way from centerline.
4. No Special Privileges. That granting the variance requested will not confer on the
applicant any special privilege that is denied by Zoning, Chapters 160-165, to other
lands, structures, or buildings in the same district.
Finding: Granting the requested setback variance will not confer special privileges on the
applicant. The applicant is requesting approval for improvements to a historic
structure that was built prior to adoption of the zoning regulations.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or
buildings in the same district, and no permitted or nonconforming use of lands,
structures,or buildings in other districts shall be considered grounds for the issuance
of a variance.
Finding: No other nonconformities were considered as a basis of the findings stated in
this staff report.
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday, September 14,2009.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
K.IReportsl2009OOAReports109-14-091BOA 09-3422(Sahzar 1121 Mtssion).doc
September 14,2009
Board of Adjustment
BOA 09-3422 Salazar
Agenda Item 3
Page 3 of 10
granting of the variance, and that the variance is the minimum variance that
will make possible the reasonable use of the land, building, or structure.
Finding: The requested setback variance is the minimum variance necessary to
accommodate the existing structure on the subject property.
b. Harmony with General Purpose. The Board of Adjustment shall further
make a finding that the granting of the variance will be in harmony with the
general purpose and intent of Zoning, Chapters 160-165, and will not be
injurious to the neighborhood,or otherwise detrimental to the public welfare.
Finding: Granting the variance will be in harmony with the general purpose and intent of
zoning regulations, and will not be injurious to the neighborhood. The house
has existed in its current condition for almost 100 years,but is now boarded up,
in poor condition and in need of significant repairs. Granting the variance will
allow the historic structure to be retained on the property and for improvements
to occur, benefiting the public welfare and the surrounding community.
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 cxpressly or by implication prohibited
by the terms of the zoning regulations in said district.
Finding: The use is permitted in the zoning district.
K.IReporu120091BOA Reportr109-14-091B0A 09-3422(Salazar 1121 Mrssron).doc
September 14,2009
Board of Adjustment
BOA 09-3422 Salazar
Agenda Item 3
Page 4 of 10
�
�
8/17/2009 �
Chair ofthe Board ofAdjustment
113West Mountain Dt
Fayetteville,AK72701
!
�
Chair of the Board of Adjustment:
The property of 1121 N Mission Blvd (formerly 1101) is currently a nonconforming residence as a �
portion of the east side of home falls within the current setback requirements. As a result I'm only .�
permitted tnimprove Z5%nfthe property's value before anadiustnoe t varianceisrequired. The
purpose of this request is to allow me to completely finish out the existIng dwelling on property.
This historic stone dwelling, built in 1921, has beautiful stone exterior walls however the inside is in
need ofacomplete build out. The dwelling iscurrently uninhabitable. |thas noflooring,walls,
electrical or plumbing. This is a complete new construction build-out for the interior.The build-out will �
create no additional encroachments on the current setback requirements. !
Below I have addressed the information requested on the adjustment variance application: �
* Existing building size: 149Osq/t; Proposed building size Z4ZUsq/ft
|
The additional square footage will be created by finishing out the interior with two levels as �
!
opposed tnthe one level(as itcurrently standd. This finish out will produce the additional
square footage without expanding the footprint ofthe dwelling. �
w
Home will have drive way which will provide upto4parking spaces
�
*
Existing dwelling on property falls within the current building setback requirements. I am �
requesting building set back variance to allow to me to finish out the existing structure. �
`
4J This historic stone dwelling was built in 1921 and has been abandon for many years. Many '
roads were established creating setbacks after the dwelling was built. New developments
with raw land are able to give consideration and adhere to existing setback requirements
where as this dwelling was built prior to the establishment of current setback requirements.
B) A portion of this historic stone dwelling is located in an easement(within the setback
requirements)which would require the home to be torn down and rebuilt according to |`
|
current setback requirements OR improve the home up to 25%of the current property
value which would not be sufficient to finish out the structure ultimately leaving it �
uninhabitable asitcurrently stands.
C> The historic stone dwelling was built in19Z1. The infrastructure has changed over the years
through Fayetteville's growth and expansion causing the dwelling to fall within an
easement.
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September 14.2ooA �
Board v/Adjustment '
BOA oy'o^u2Salazar
Agenda Item 3
`
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D) Granting this variance would allow m^etucomplete this historic stone dwelling aswould any
other home owner be permitted to complete their home. This dwelling is in need of total
interior restoration which would require more improvements than the current code allows.
I have included a warranty deed for the purpose of providing the complete legal description of the
property. In addition you will find a copy of the survey and an enlarged plat of the property from that
survey which istoscale. �
|
|fyou have questions regarding this information please contact me.
'.
Sincerely,
�
�
Colby Salazar
224HHummingbird Ln
Fayetteville,AR727O3
479.871.6364 �
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September 14.2ooA
Board v/Adjustment
BOA oy'o^u2Salazar
Agenda Item 3
Page 6^/10