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Home My WebLink About2013-09-09 - 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, SEPTEMBER 9, 2013 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the June 3, 2013 meeting. New Business: 2. BOA 13-4477: Board of Adjustment (1165 N. 54" 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. Planner: Quin Thompson 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 June 3, 2013 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: March 4, 2013 Approved Page 2 New Business: BOA 13-4395: Board of Adjustment(2732 W. WILDWOOD DR./PINE VALLEY,363): Page 3 Approved MEMBERS PRESENT MEMBERS ABSENT Jeff Hagers Evan Niehues Tim Stein Matthew Hoffman Kristen Knight STAFFPRESENT 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 September 9,2013 Agenda Item 1 06-03-13 minutes Page 1 of 4 Approval of the minutes from the March 4, 2013 Board of Adjustment meeting. Motion• Board Member Stein made a motion to approve the March 4, 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 September 9,2013 Agenda Item 1 06-03-13 minutes Page 2 of 4 BOA 13-4395: Board of Adjustment (2732 W. WILDWOOD DR./PINE VALLEY, 363): Submitted by BATES AND ASSOCIATES for properties located at 2732 WEST WILDWOOD DRIVE. The properties are zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains three lots totaling 0.49 acres. The applicant requests a variance of the build-to- zone to subdivide the parcel into three lots. Quin Thompson, current planner, read the staff report. Tim Brisiel, Applicant, discussed the topography of the site and previous attempts by others to develop. Tim Stein, Board Member, expressed concern about proximity of the residences to existing commercial development. Brisiel noted that a large utility easement (approximately 46') would separate his property from existing buildings. Motion: Board Member Hoffman made a motion to approve BOA 13-4395. Board Member Stein 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 4:05 PM. Board of Adjustment September 9,2013 Agenda Item 1 06-03-13 minutes Page 3 of 4 Board of Adjustment September 9,2013 Agenda Item 1 06-03-13 minutes Page 4 of 4 Tl aye ee BOA Meeting of September 09, 2013 ARKANSAS 111E CITY OF FAY'ET i EVILLE. 1110h,ANS/1S 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: August 29, 2013 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. Planner: Quin Thompson BACKGROUND: Property Description & Background: The property is located at 1165 N 54th Avenue, is zoned R-A, and contains approximately 0.73 acres (31,917 St.) The property is currently in residential use. The property contains one single-family residence that was constructed about 1960, at which time the property was outside the Fayetteville City Limit. It appears that around 1970, an additional home was built on the property, and that the lot was subsequently split. The property was subsequently annexed into the City of Fayetteville. The current configuration is typical of a tandem lot, but is an existing non-conforming lot pursuant to Fayetteville Unified Development Code Section 164.12(C) as it does not meet the minimum lot area or lot width of the R-A zoning district. Surrounding land uses are listed in Table 1. Proposal: The applicant would like to construct an accessory storage building, allowed within the R-A district. However, a building permit cannot be granted as the property is an existing non-conforming lot with a 25-foot lot width and 0.73 acre lot area. The minimum in the R-A zoning is 200 feet lot width and 2 acre lot area. Variance Request: The applicant requests a variance of 175 feet for lot width, and a variance of t.27 acres for lot area, in order to bring the lot into compliance. Table 1 Surrounding Land UselZonin Direction from Site Land Use Zoning North, West, East, South Residential and agricultural R-A G:IETCIDevelopneni Services Review120120evelopment ReviewU2-4111 BOA 4944 W.Persimmon St(LHC Fellmvship)101 8086vrd of Adjustment 07-20121Commenm and Redlines September 9,2013 Agenda Item 2 130A1 3-4477 Jordan Page 1 of 12 Public Comment: Staff has not received public comment on the variance request. RECOMMENDATION: Staff recommends approval of the variance request, in order to bring an existing non- conforming lot into conformance with City of Fayetteville zoning codes. Conditions of Approval: BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: September 09,2013 Motion: Second: Vote: Note: 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: Staff finds that special conditions and circumstances unique to this property cause undue hardship. The property was developed and sub- divided by previous owners up to 40 years ago, while the property was outside the Fayetteville City Limit. The property was annexed into the city with the current non-conforming conditions. (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: Granting the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare, as the property has been in residential use in this condition since approximately 1970. G:IETCOevelopment Services Review00130evelopmeni RevieivU3-4302 BOA Rosehill Add Lot 4&5(Lamb)W1 BOA 102-04- Board of Adjustment 20131Comments and Redlines September 9,2013 Agenda Item 2 BOA13-4477 Jordan Page 2 of 12 (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 property into conformance and eliminate an existing non-conforming condition which prevents issuance of building permits for the improvement of the property. (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 no conditions of approval. (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 R-A zoning district allows single family residential use. G:IETC1Development Services Revieiv120131Development Revieivll3-4302 BOA Rosehill Add Lot 4&5(Lamb)W1 BOA102-04- Board of Adjustment 20131Comments and Redlines September 9,2013 Agenda Item 2 BOA13-4477 Jordan Page 3 of 12 161.03 District R-A, Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-w! a uses by right Unit 3 Public protection and uti ity facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessorydwellings Unit 43 Animal boarding and training (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit Government facilities Unit 20 Commercial recreation large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. 11 Units per acre I One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres E) Setback requirements. 11 Front Side Rear 11 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965,App.A.,Art.5(1); Ord. No. 1747,6-29-70; Code 1991, §160.030; Ord. No.4100,§2(Ex.A), 6-16-98; Ord. No. G:IETCIOevelopment Services RevieW20130evelopment Revleivi 3-4302 BOA Rosehill Add Lot 4&5(Lamb)101 BOA 102-04- Board of Adjustment 20131Comments and Redlines September 9,2013 Agenda Item 2 BOA13-4477 Jordan Page 4 of 12 4178, 8-31-99;Ord.5028,6-19-07; Ord.5128,4-15-08;Ord. 5195, 11-6-08;Ord.5238,5-5-09;Ord.5479,2-7-12) 163.12 Tandem Lot Development (A) Where allowed. Tandem lot development shall be permitted for a single-family dwelling and customary accessory structure and/or dwelling unit only and shall be a conditional use in all districts where single-family dwellings are permitted. The development of one tandem lot behind another tandem lot shall be prohibited. (B) Findings. Before any conditional use for tandem lot development shall be granted, the Planning Commission shall make the following findings: (1) Tandem lot development will not be inconsistent with the size and development pattern in comparison with other lots in the neighborhood and the underlying zoning district. (2) The configuration of the property, existing surrounding development, and/or terrain of the area in which the tandem lot is proposed is such that subdivision of said area into a standard block in accordance with Development, Chapter 166 is not feasible. (C) Requirements. Development of a tandem lot shall be subject to the following requirements: (1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and specification, such as a vehicular turnaround, as determined by emergency response providers in accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible for maintaining said private drive so that emergency vehicles have safe access to the dwelling located on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum distance of 18 feet from said right-of-way in accordance with the driveway design standards in Fayetteville Unified Development Code Chapter 172. (2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166 Street Design and Access Management Standards. (3) The tandem lot, excluding the private drive, shall conform to the minimum lot width and lot area requirements of the zoning district in which it is located, unless a variance is otherwise granted by the Fayetteville Board of Adjustment. (4) Solid waste service for the tandem lot shall be provided by customers placing standard residential garbage carts, recycling bins, and yard waste at a designated collection point on trash day in accordance with City of Fayetteville Code of Ordinances Chapter 50.20 (B). The designated collection point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste Division. Garbage carts and recycling bins shall not be placed at the collection point more than 12 hours before or after regular trash pickup in accordance with Chapter 50.20 (B) (5) Setback. Each tandem lot shall have a minimum building setback requirement of 15 feet from all property lines unless a variance is granted by the Fayetteville Board of Adjustment. (Ord. 5313, 4-20-10) G:IETCIDevelopmeni Services Review120130evelopmenl RevieiO13-4302 BOA Ro.sehillAdd Lot 4&5aambJI01B0A102-04- Board of Adjustment 20131Comments and Redlines September 9,2013 Agenda Item 2 BOA13-4477 Jordan Page 5 of 12 164.12 Nonconforming Structures, Uses And Lots It is the intent of this section to regulate nonconforming structures, uses or lots that are created when zoning designations or regulations are created or changed such than an existing lawfully established structure, use, or let no longer conforms to the regulations of the Unified Development Code. It is also the intent of this section to permit nonconformities to continue as they exist presently and to guide future uses and development to be consistent with the City's planning policy and regulations. (C) Nonconforming Lots. Lots that do not fully meet the requirements of the Unified Development Code to be considered a conforming lot for development, and thus are considered nonconforming lots, may be utilized for development in accordance with the following provisions: (1) A proposed structure must meet all applicable building setbacks, height and lot coverage requirements and other applicable zoning and development codes, with the specific exception of the reason for which the lot is nonconforming. (2) Such lot shall have frontage onto a public street, and water and sewer shall be provided to the lot at the time of development. (3) Such lot shall have at least 50% of the required lot width and area of the underlying zoning district. (4) A nonconforming lot that does not meet the provisions above may be brought into conformity by way of an approved variance from the Board of Adjustment, a rezoning action, or by combining a lot(s) in order to meet the standards of the underlying zoning district. A lot that was established unlawfully shall not be considered a legal lot of record for the purposes of this chapter and no building or development permit may be granted until the lot is legally established as provided herein. (Code 1965, App. A., Art. 4(1), (2), (4)--(7); 5(8); Ord. No. 1747, 6-29-70; Ord. No. 1806, 7-16-71; Ord. No. 1891, 12-5-72, Ord. No. 2126, 7-14-75, Ord. No. 2505, 2-20-79; Ord. No. 1918, 5-15-83, Ord. No. 3114, 9-3-85, Ord. No. 3124, 9-17-85; Ord. No. 3130, 10-1-84; Code 1991, §§160.135-- 160.142; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 4930, 10-03-06; Ord. 5312, 4-20-10; 5453, 10- 18-11) G:16TOL)evelopmenf Services Revleiv120130evelopmem Revieiv113-4302 BOA Rosehill Add Lot 4&5(Lamb)101 BOA102-04- Board of Adjustment 20131Commems and Reddne.s September 9,2013 Agenda Item 2 BOA13-4477 Jordan Page 6 of 12 September 04, 2013 Robert Jordan 1165 N 54"' Avenue Fayetteville, Ar Mr. Chair, Please accept this letter,in part, as a request to the Board of Adjustment for a variance of zoning standards within the RA zoning districts in order to allow a tandem lot that does not meet minimum frontage and area standards. I purchased the property with existing lots lines and understand that my property does not meet City standards and is not eligible for a building permit. I would like to bring my property into legal conformance with City Codes. Sincerely, Rob 41R) Jordan Board of Adjustment September 9,2013 Agenda Item 2 BOA13-4477 Jordan Page 7 of 12 I I t N i I i i I t Board of Adjustment September 9,2013 - - - - - - - --- - Agenda Item 2- - BOA13-4477 Jordan Page 8 of 12 r7 `tir111r V. 7 j'F1 J1 - r . _ ?1 1 \: Ir y1�(la I 1 1 Ij I r e r 1' I e ] A - . w BOA13-4477 JORDAN Close Up View � S LEGACY ST O H - - - - - - - --- - - - - - - -- - - - - - - - - -- - - - - - - - - -- - SUBJECT - - - - - - --- - - - - - - -- - - - - - - - -SUBJECT PROPERTY - . Wr R-A WIN end RSF-4 ••••••••••••• Multi-Use Trail (Existing) E Future Trails - - on - - - Fayetteville City Limits LWWPOA13-4477 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 87.5 175 350 525 700 Board of Adjustment ------ Planning Area F et September 9,2013 BOA13-4477 Jordan Page 10 of 12 BOA13-4477 JORDAN One Mile View ■ ■ ILVERMIS a ■ ■ ■ � d ■ r ■ _ ..,-SPY,`.. 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