HomeMy WebLinkAbout2008-07-07 - Agendas aye eVi le
Y 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,July 7,2008,at 3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
1. Approval of the minutes from the June 2,2008 meeting.
New Business:
2. BOA 08-3035: (CHILDS& HENDRIX/503 FOREST,445): Submitted by BRETT PARK for
property located at 503 N.FOREST AVENUE. The property is zoned RSF-4, SINGLE FAMILY-4
UNITS/ACRE and contains approximately 0.26 acres. The request is for two variances from the rear
setback requirements: A 2-foot variance to bring a non-conforming structure(roof line) into compliance
and a 14-foot variance to allow a carport,with deck and pergola above,to be constructed.
Planner: Data Sanders
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 for hearing impaired are available for all public
hearings;72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330.
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 from applauding or booing any speakers or actions
of the Board of Adjustment.
2008 Board of Adjustment Members
Robert Kohler (Chairman)
Sheree Alt
William Chesser
James Zant
Robert Nickle
Mark Waller
Steven Bandy
7aye BOA Meeting of July 7, 2008
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: Data Sanders, Current Planner
THRU: Jeremy Pate,Director of Current Planning
DATE: June 30, 2008
BOA 08-3035: (CHILDS & HENDRIX / 503 FOREST, 445): Submitted by BRETT
PARK for property located at 503 N. FOREST AVENUE. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.26 acres. The
request is for two variances from the rear setback requirements: A 2-foot variance to
bring a non-conforming structure (roof line) into compliance and a 14-foot variance to
allow a carport, with deck and pergola above,to be constructed.
Planner: Data Sanders
BACKGROUND:
Property Description and Background: The subject property is located one lot north of
the Maple Street and Forest Avenue intersection, north of Washington Elementary
School. The property contains a residential structure, constructed in 1913, with a single
car garage located at the west side of the structure and a gravel driveway at the north and
west sides of the structure. The applicant is in the process of converting the structure
from a multi-family dwelling to a single-family dwelling.
Currently, the structure encroaches approximately 1'6" into the 20' rear setback. The
applicant proposes to attach a covered deck to the west side of the house with one
additional parking space underneath the deck, which will increase the encroachment into
the rear setback by approximately 13'2".
Table 1: Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Single-family dwelling RSF-4
South Single-family dwelling RSF-4
East Single-family dwelling RSF-4
West Vacant RSF-4
Proposal: The applicant is requesting a variance from the rear setback requirements in
the RSF-4 zoning district to allow for a 6' rear setback to bring the existing structure into
compliance and a 6' setback to allow for the proposed covered deck and parking space.
July 7,2008
Board of Adjustment
KlReports1200800A ReportsW-July 7WOA 08-3035(ChrldsHendrm).doc BOA 08-3035 Child&Hendrix/503 Forest
Agenda Item 2
Page 1 of 14
Variance Request
Variance Issue Ordinance Re uirement A licant's Request
Rear Setback(existing structure) 20' 18' 2' variance)
Rear Setback(proposed addition) 20' 6' (a 14' variance)
RECOMMENDATION:
Based on the findings included herein, staff recommends denial of the requested 14'
variance for the proposed addition.
Based on the findings included herein, staff recommends approval of the requested
2' variance for the existing nonconforming structure and with the following
conditions of approval:
1. No expansion of any existing structure,without Board of Adjustment
approval, shall occur within the building setbacks,with the exception of that
noted herein.
2. A building permit shall be obtained prior to commencement of any
construction.
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FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless
and until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist
which are peculiar to the land, structure, or building involved and which
are not applicable to other lands, structures or buildings in the same
district.
Finding: Staff finds the request to bring the existing structure into compliance
demonstrates sufficient special conditions to warrant granting a
July 7,2008
Board of Adjustment
K:IReports120081BOA Reports107-July 71BOA 08-3035(ChildsHeudrix).doc BOA 08-3035 Child&Hendrix/503 Forest
Agenda Item 2
Page 2 of 14
variance for this request, as the structure was constructed in 1913,
prior to adoption of the City's current zoning regulations.
The owner requests a 14' variance to construct a covered deck and
pergola within the required 20' rear setback. Staff finds that special
conditions and circumstances do not exist for the subject property
related to this request, and staff recommends denial. To grant a
variance for encroachment of a new nonconforming structure on this
lot, absent of special conditions associated with the request, is not
consistent with the intent of the City's zoning regulations to prevent
and discourage nonconforming uses and structures (Fayetteville UDC
Chapter 164.12).
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 allow for the continued
existence of the residential structure as nonconforming, however it
severely limits improvements that can be made to the structure thus
depriving the applicant of rights commonly enjoyed by other
properties in the neighborhood.
However, staff finds that literal interpretation of the zoning
regulations for the proposed addition of a covered deck and parking
space to be constructed within the required 20' rear setback does not
deprive the applicant of rights enjoyed by others in the neighborhood.
This property has sufficient area outside the required setbacks to
construct additional covered parking and a covered deck. Staff has
recommended that the applicant find an alternative location to
provide additional covered parking and a covered deck on the subject
property that is outside the required setbacks or pursue an
adjustment of the west property line so that the proposal will comply
with the required 20' setback, as the property to the west is currently
vacant.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The existing nonconforming nature of the residential structure
predates the applicant; however, the request to construct the covered
deck and parking is an action of the applicant. Staff finds that the
applicant has created a self-imposed hardship associated with the
second variance request and recommends denial.
July 7,2008
Board of Adjustment
K:IReports120081BOA Reports107-July 71BOA 08-3035(ChddsHendrix).doc BOA 08-3035 Child&Hendrix/503 Forest
Agenda Item 2
Page 3 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 variance for the residence and roof overhang
for the purpose of maintaining and improving the existing
'nonconforming structure will not confer special privileges on this
applicant.
However, staff finds that granting the requested variance for
encroachment of a new nonconforming structure will confer special
privileges on this applicant. In this case, special conditions or
circumstances do not exist that would justify a variance of the rear
setback requirement for the construction of a covered deck and
additional covered parking when there are alternative solutions
available to the applicant, such as relocating the proposed
construction to an alternative location on the subject property or
pursuing an adjustment of the west property line.
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,July 7,2008.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application
justify the granting of the variance, and that the variance is the
minimum variance that will make possible the reasonable use of
the land, building, or structure.
Finding: The requested variance for the existing structure and roof overhang is
July 7,2008
Board of Adjustment
K.lReports180081BOA Repor&07-duly 71BOA 08-3035(ChildsHendrix)_doc BOA 08-3035 Child&Hendrix/503 Forest.
Agenda Item 2
Page 4 of 14
the minimum variance necessary to bring the existing structure into
compliance.
Staff finds that the requested setback variance for the new
construction is not justified by the reasons set forth in the application.
The applicant can still make reasonable use of the lot while complying
with the required setbacks, as there are alternative solutions available
to the applicant as listed on page 4 of this staff report.
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 requested variance for the existing structure and roof
overhang 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.
Granting=the requested variance for the covered deck and parking',%, ..,
space will not be injurious to the neighborhood or detrimental to the
public welfare, but it will not be in harmony with the general purpose
and intent of zoning regulations.
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 property shall be subject to all applicable bulk and area
requirements.
July 7,2008
Board of Adjustment
K.'IReportA20081BOA Reports107-July 71BOA 08-3035(ChildsHendrix).doc BOA 08-3035 Child&Hendrix/503 Forest
_ Agenda Item 2
Page 5 of 14
Site Pictures
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Subject property
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Location of the proposed new nonconforming addition
July 7,2008
Board of Adjustment
K.IRepons110081BOA Repmis107-July 700A 08-3035(ChildsHenclax).doc BOA 08-3035 Child&Hendrixl503 Forest
Agenda Item 2
Page 6 of 14
14 •
16 June 2008
Mr. Bob Kohler
Chair, Board of Adjustments
113 W. Mountain Street
Fayetteville, AR
Dear Mr. Kohler,
On Behalf of Lisa Childs and Don Hendrix, owners of the property at 503 N.
Forest Avenue, we request the following:
A) A variance of 1'-6" of the rear (West) setback to address an existing
nonconforming condition. This nonconformity relates to 6" of the Western-
most part of the house and an overhanging portion of the roof. The
mentioned section of roof is in poor condition and needs to be rebuilt, but
the reconstruction will not exascerbate any existing nonconformity.
B) A variance of 13'-2" of the rear (West) setback to allow the construction
of an attached deck and pergola structure. This structure will provide one
additional parking space underneath the deck.
This request is based on the following:
1) This residence's construction predates zoning requirements.
2) Granting the first setback variance resolves an existing non-conformity.
3) Allowing the second variance condition would accommodate a more
efficient use of the property to accommodate a second vehicle off-street.
Construction of a detached garage on site which conforms to setback
requirements would be questionable given topographic conditions, and
would preclude use of the existing single car garage.
4) Literal interpretation of the provisions of this ordinance would deprive the
applicant of the rights commonly enjoyed by other properties in this
district. Specifically, since the homes on and near North Forest Avenue
predate zoning requirements, the district is characterized by structures
that do not conform to setback requirements.
Sincerely,
Bret Park,
Park Company Architects
PARK COMPANY ARCHITECTS PO BOX 733 FAYETTEVILLE,AR 479527-6465 July 7,2008
Board of Adjustment
BOA 08-3035 Child&Hendrix/503 Forest
Agenda Item 2
Page 7 of 14
(PAR •
A
16 June 2008
WRITTEN DESCRIPTION
Lisa Childs and Don Hendrix, owners of the property at 503 N. Forest
Avenue, request a variance to the rear setback of their home to address an
existing non-conformity and allow the construction of an elevated
deck/carport at the rear of their property.
The existing structure is a non-conforming multifamily 5-plex in RSF-4
zoning. The owners are renovating it into a single family residence. As part
of the work they are converting what is now heated/cooled space back into
porch space along the front of the house.
When the construction is complete, the house will be approximately 3,420
square feet total of heated and cooled space; 436 square feet of front porch
space, the first and second floors combined; a 330 square foot single car
garage (existing); and 1,176 square feet of existing unfinished basement
space. With the variance, the owners hope to add a 425 square foot carport
with a 425 square foot deck above.
PARK COMPANY ARCHITECTS PO BOX 733 FAYETTEVI"E,AR 479527-6465 July 7,2008
Board of Adjustment
BOA 08-3035 Child&Hendrix/503 Forest
Agenda Item 2
Page 8 of 14
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BOA 08-3035 Child& Hendrix/503 Forest
Agenda Item 2
Page 14 of 14