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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. �. > Cx3W:-M1'+M2k�.�'" r 5' ";,'��D, P;g' 6V 4P'�d'w�tp�ar BO O� JUST NENCT OXY 05-IMA pproved .. Py Demes & ; b Dade .u1v72U'0$� ]VIotioxa. aS`gco . eta _P 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 r Subject property dt 1=rr m S ry. fiYvn�i' S�:a r� 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 C'4 00 � o U C-4 C-4 (1-IVHdSV)30N3AY 153N04 99 '. 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