HomeMy WebLinkAbout2004-05-03 - Agendas 42304 BOA 4/23/04 12 ge 1 42304 BOA W.5
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PROVISIONS
OF THE CODE OF ORDINANCES OF THE"OF'AM"'
FOLLOWING PETMONS HAVE BEEN SEr FOR A H ING BEI�OTHEE
THE BOARD OF ADJUSTMENT IN THE CITY ADMINISTRATION
BUILDING, 113 WEST MOUNTAIN STREET. ROOM 326,
FAYETTEVILLE,ARKANSAS,ON MONDAY.MAY 3,2004 AT 3:45 RM
The following Items vill be considered:
Appronorl of minutes from the meeting of April 5,2003.
New Business:
1.VAIFI W-05.00:Variance Kantz Pierce,Let 1,pit 371)was
submitted by Milholland Company on behalf of Kirk Elsass for property
located at Let 1 Block 2 of Kante Peep. The property is zoned R-0,Residents]Office,and contains
apprommatery 0.52 sense. The requirement is for a 25'setback.The request is for a 15'selloack,a 10'
variance. Rahnw.Jeremy Pate
Z VAR 0�11048:Variance @BoVd,pp 523) a submitted by Molly Boyd for property located at
301 W.South Snake. The property is zoned R-0,ResIdentiad Office,and contains approximately 0.33
acres. The requirement is for 30'front setbacks,The request is for reduced setbacks along Locust
Avenue and South Street.Planner Jeremy Pate
Al inheresded parties may appear and be heard at the public hearings. A copy of Me proposed
amendments and other pertinent data is open and available for inspection in me
to r�,
(575-8267),125 West Mountain Street,Fayetteville,Arkansas.Al interested�Zi.=ev'rZ
the petitions.
ImeTreters or TDD for hearing Impaired are avatable for all public meeting
For further information or to request an interpreter,please col 576-&330.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:47/9-57/5-8267
AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment will be held Monday, May 3, 2004, at 3:45
p.m. in Room 326 of the City Administration Building, 113 West Mountain, Fayetteville,
AR, 72701.
Roll Call
The following items will be considered:
Approval of the minutes from the April 5,2004 meeting.
New Business:
1. VAR 04-05.00: Variance (Kantz Plaza, Lot 1, pp 371)was submitted by
Milholland Company on behalf of Kirk Elsass for property located at Lot 1 Block
2 of Kantz Plaza. The property is zoned R-0, Residential Office, and contains
approximately 0.52 acres. The requirement is for a 25' setback. The request is for
a 15'setback, a 10' variance. Planner: Jeremy Pate
2. VAR 04-1048: Variance (Boyd, pp 523)was submitted by Molly Boyd for
property located at 301 W. South Street. The property is zoned R-0, Residential
Office, and contains approximately 0.33 acres. The requirement is for 30' front
setbacks. The request is for reduced setbacks along Locust Avenue and South
Street. Planner: Jeremy Pate
All interested parties may appear and be heard at the public hearings. A copy of the
proposed amendments and other pertinent data is open and available for inspection in the
Office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas.
All interested parties are invited to review the petitions.
Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour
notice is required. For further information or to request an interpreter,please call 575-
8330.
ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions &Answer with Board
F. Action of the Board of Adjustment(Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Adjustment on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Board
members the opportunity to speak and before a final vote is taken. Public comment will
only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Board of Adjustment.
2003 Board of Adjustment Members
Sherrie Alt
Michael Andrews
Michael Green (Chairman)
Robert Kohler
James Kunzelmann
Bob Nickle
Joanne Olzewski
FAYETTEVILLE BOA Meeting of May 03, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jeremy C. Pate,Associate Planner
THRU: Dawn T. Warrick, AICP,Zoning&Development Administrator
DATE: April 28, 2004
VAR 04-05.00: Variance(Kantz;Plaza,Lot 1,pp 371)was submitted by Milholland Company
on behalf of Kirk Elsass for property located at Lot I Block 2 of Kantz Plaza. The property is
zoned R-0,Residential Office, and contains approximately 0.52 acres. The requirement is for a
25' setback. The request is for a 15'setback, a 10' variance. Planner: Jeremy Pate
RECOMMENDATION:
Staff recommends approval of the requested rear setback variance as shown on the
submitted site plan and described herein with the following condition(s):
1. Approval of the setback variance shall not constitute development approval. The
proposed site development shall be in compliance with current development
regulations and within permitted uses identified within the Unified Development
Code for the R-O,Residential Office district.
2. Structures shall not be constructed within utility easements.
3. All applicable permits must be obtained prior to the commencement of construction.
4. The temporary dumpstcr location, proposed to be on the driveway connection to the
south, shall be relocated at the time of development of property to the south.
iWill wr
EN
KKK
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K.,1ReportsV2?004W0A Reports105-03-041VAR 04-05.00(Kan&Plctza,Lot 1).doc
BACKGROUND:
Property description:
The 0.52-acre subject property is located on Crossover Road,two lots south of Kantz Drive. The
R-O, Residential Office zoned site is currently vacant, along with the property to the south,
which is zoned C-1,Neighborhood Commercial. Kantz Place, an apartment complex,resides to
the west of the subject property. Additionally, the Wal-Mart Neighborhood Market lies to the
southwest,but is not directly adjacent to this property. Access is proposed from Crossover Road.
Proposal: The applicant is proposing to construct a two-story professional office building,
potentially with residential dwelling units located on the 2 nd floor. Development requirements of
the site include the provision of a future cross-access to property to the south and required
parking. The developer wishes to utilize a portion of the rear setback, along which a retaining
wall is to be constructed, as buildable area.
Request: The request is for a rear setback variance to accommodate the proposed office building.
The property is zoned R-O, which requires a 25-foot rear setback. The applicant requests a
reduction in the requirement from 25 feet to 15 feet, a 10-foot variance. A retaining wall along
much of the site boundary is necessary to grade and construct the building. Portions of this
retaining wall will alleviate the impact of the reduced setback.
I Ordinance Requirement Applicant's Request
Rear setback(west) 1 25' 15' (a 10' ariance)
Surrounding Land Use/Zoning:
Direction Land Use Zoning
North Professional Office (Dr. Knowles) R-O, Residential Office
South Vacant C-1,Neighborhood Commercial
East Crossover Road(H 265) R-O, Residential Office
West Kantz Place Apartments R-O, Residential Office
GENERAL PLAN DESIGNATION Residential
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
K:Weports�20041BOA ReportsI05-03-041VAR 04-05.00(Kan&Plaza,Lot 1).doc
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: Development of subject site requires several retaining walls, in order to
provide buildable area and maintain the existing grades of adjacent
properties as required by ordinance. Property to the north and west are fully
developed, and would be most impacted by the proposed offices. Directly to
the west,the side on which the setback reduction is requested, an existing
parking lot abuts the property,serving an apartment complex. Detrimental
impact to this use of parking is not anticipated.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would not permit the proposed
building to be sited within the 25-foot rear setback. The building could be
sited on the property within setbacks,however parking and greenspace
would likely be reduced. Additionally, cross access to the south is important
in the development of this property,to allow for circulation between
developments without requiring vehicles to access onto Crossover Road.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The requested rear setback variance is the result of the applicant's desire to
construct the proposed office building. No development currently exists on
the site.
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. The use
of this property for professional offices is permitted by right in the R-0
zoning district. R-0 zoning also allows for two-family dwellings on the site as
a permitted use,subject to development 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 nonconformities were considered as a basis of the findings stated in this
K:Weports12004180A Reportzt)5-03-041VAR 04-05.00(Kan&Plaza,Lot 1).doc
staff report.
§ 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,May 03,2004.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will
make possible the reasonable use of the land, building, or structure.
(1.) Harmony with General Purpose. The Board of Adjustment shall further make a
finding that the granting of the variance will be in harmony with the general
purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Finding: The proposed rear setback variance is the minimum variance necessary to
accommodate the proposed structure. The property to the north is developed
as a professional office, accessing onto Kantz Drive, and will not be affected
by the setback reduction.The property to the west, most affected by the
setback reduction,is developed as an apartment complex,with parking
directly abutting the subject property. The proposed retaining wall along the
western property line will alleviate much of the height of the proposed
building in its closer location, and the use of the immediate adjacent area as
parking is anticipated to be affected very little by the proposed setback. The
reduction in rear setback from 25 feet to 15 feet,therefore,will not be
injurious or detrimental to the public welfare.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
Finding: Reasons set forth in the application justify granting the requested variances
(please see attached).
b. Conditions and Safeguards. In granting any variance, the Board of Adjustment
may prescribe appropriate conditions and safeguards in conformity with the
zoning regulations.
K.WeporisI2004WOA ReyoorisI05-03-041VAR 04-05.00(Kant Plaza,Lot 1).doc
Finding: Staff has recommended conditions for this request which are stated on page
one of this report.
C. 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 use of this property for a professional office is permitted by right in the
R-0 zoning district. Two-family dwellings are also a use permitted by right
in the R-0 zoning district, should the applicant develop the second floor into
two residential units.
KAReports�20041BOA ReportsI05-03-041VAR 04-05.00(Kant Plaza,Lot 1).doc
161.15 District R-0,Residential Office Townhouses:
Development 10,000 sq.ft.
Individual lot - 2,500 sq.ft.
(A) Purpose. The Residential-Office District is Single-family 6,000 sq-ft.
designed primarily to provide area for offices Two-family 6,500 sq.ft.
without limitation to the nature or size of the Three or more 8,000 sq.ft.
office, together with community facilities, Fraternity or Sorority 1 acre
restaurants and compatible residential uses.
(3) Land area per dwelling unit.
(B) Uses. Manufactured home 3,000 sq.ft.
Townhouses&apartments:
(1) Permitted uses. No bedroom 1,000 sq.ft.
One bedroom 1,000 sq.ft.
Unit 1 City-wide uses by right Two or more 1,200 sq.ft.
Unit 5 Government facilities bedrooms
Unit 8 Single-family dwellin's Fm�rrfi or Soronly 500 sq.ft.per resident
0, WbA" lh&
Unit 11 Manufactured home park (D) Density.
Unit 12 Offices,studios and related services
0 7 A-% -6
o w�2 FFUnits per acre 1 4 to 24
(2) Conditional uses.
(E) Setback regulations.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities Front 30 ft.
Front,if parking is allowed between the right- 50 ft.
Unit 13 Eating places of-way and the building
Unit 24 Home occupations Side 10 ft.
Unit 26 Multi-family dwellings Side,when contiguous to a residential district 15 ft.
Unit 36 Wireless communications facilities
90
(C) Bulk and area regulations. Rear,from center line of public alley 10 ft.
(Per dwelling unit for residential structures) (F) Height regulations. There shall be no
maximum height limits in R-O Districts,provided,
(1) Lot width minimum. however, that any building which exceeds the
height of 20 feet shall be set back with any
Manufactured home park 100 ft. boundary line of any RSF or RAU District an
Lot within a manufactured home 50 ft.
park additional distance of one foot for each foot of
Single-family 60 ft. height in excess of 20 feet.
Two-family 60 ft.
Three or more 90 ft. (G) Building area On any lot,the area occupied
by all buildings shall not exceed 60%of the total
(2) Lot area minimum. area of such lot.
irk 3 acres
Lot within a manufactured home 4,200 sq.
park
K Teporisi2004180,4 ReporM05-03-04iVAR 04-05.00(Kant Plaza,Lotl).doc
RECEIVED
JAN 3 0 2004 REGISTRATIONS:
enonee,ing &S"Vewy PE: AR, MO
Melvin L. Milholland, PE, PLS PLANNING DIV. PLS: AR
January 30, 2004 Project No. E-691
FAYETTEVELLE
125 West Mountain Street
Fayetteville, Arkansas 72701
ATTN: Planning Division, Dawn Warrick
RE: KANTZ Professional Office-Preliminary Plat Approval
Dear Dawn:
The enclosed plats and supporting data(including Drainage Study and Site Analysis Report), is
provided for review and approval of the referenced project.
MCO has discussed this project with Jermey and Matt, and made a site visit with Craig. MCO
believes this project can be handled administratively, approving the site layout for development
with variance of building set. Please process notifying MCO of any additional documentation.
A building set back reduction is requested on the back, west property line. The sanitary sewer
will require a lift-station to access the existing manhole(a previous provision provided in
construction of the existing manhole-northwest property comer). The proposed 2" service line
is within an existing utility easement. The Owner/Developer, Kirk Elsass owns both properties
and will provide any additional easement or agreements necessary in the development of this
project site. Kirk is also associated with the Owners of the property to the south and are in
agreement that the driveway connection shown on the plat may be used for a dumpster location,
temporarily until development of the south property occurs. At that time a shared dumpster
location can be determined.
Jermey has indicated that only a Board of Adjustment review is required. It is the
Owner/Developer's intent to receive approval of the site layout, and obtain a grading permit while
final architectural plans are being prepared in applying for a building permit.
A Variance Application is enclosed. Should this be determined incorrect and a different amount
or additional application(s)are required, please notify me. Mr. Elsass is delivering fee payment to
our office on Monday, February 2'for forwarding to you in the amount of$245 ($25 Variance,
$100 Grading, $120 Tree). Since there may be some confirsion to the exact amount of review fee
required for this particular project, and differs from the amount described, if you will notify me I
will have Mr. Elsass provide the correct fee amount.
205 West Center Street-, fayetteville,Arkansas 72701; Phone: (479)4434724; Fax: (479)443-4707; E-mail:MC0@ogr@)swbeIUe
REGISTRATIONS:
enyin�,iny PE: AR, MO
MeMn L. Milholland, PE, PLS PLS: AR
Cross sections of the property are enclosed showing the proposed site grading and structure
relationship to that of the adjoining properties.
Detailed elevations of the building are being prepared at this time by Mr. Elsass's architect Kim
Fugitt. Mr. Fugitt will provided conceptual drawings for review approvat
Should there be any questions, do not hesitate in contacting me.
Your assistance with approval of this project is appreciated.
Sincerely
AM an C ny
Thomas M. Jefcoat, ASLA
Projects Manager
cc: Kirk Elsass
Kun Fugitt(copy of site layout and cross section)
20S West Center Street, fayetteville,Arkansas 72701; Phone: (479)443-4724; fax: (479)4434707; E-mail-MCOeogrPswbell.net
MiLlLni REGISTRATIONS:
e,gimm'y 9'S'M'Winq PE: AR, MO
Melvin L. Milholland, PE, PLS PLS: AR
March 19, 2004 Project No. E-691
FAYETTEVILLE
125 West Mountain
Fayetteville, Arkansas 72701
ATTN: Jeremy Pate
RE: Kantz Project, plan revisions
Dear Jeremy:
In response to comments received from Engineering and Planning during the delay period of
receiving architectural elevation for this project review, the following changes in site design are
made.
I. Retaining walls have been removed from locations within Utility Easements(UE)
2. Two (2)parking spaces have been added on the north side as originally indicated
3. The north building setback has been adjusted ftom teen(10)feet, as was originally
indicated as required, to fifteen(15)feet as required by code
4. One(1)parking space has been removed in the south parking area
5. The south parking area has been re-graded
MCO understands, if building elevations are not received from the architect, Kim Fugitt, this
projectwill be tabled, delayed, until the cycle following receivable.
Should there be any questions, or need of additional information, do not hesitate calling.
Sincerel
in
Mill la d ny
RECEIVED
Thomas M. Jefoo t
Projects Manger MAR 1 9 2004
cc: Ydrk Elsass, Kim Fugitt PLANNING DIV.-
205 West(enter Street; Fayetteville,Arkansas 72701; Phone: (479)4434724, Fax: (479)4434707; E-mil-MCOeag[2swbelLne
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FAYETTEVILLE BOA Meeting of May 03, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jeremy C. Pate,Associate Planner
THRU: Dawn T. Warrick,AlCP, Zoning& Development Administrator
DATE: April 28, 2004
VAR 04-1048: Variance (Boyd,pp 523)was submitted by Molly Boyd for property located at
301 W. South Street. The property is zoned R-0, Residential Office, and contains approximately
0.33 acres. The requirement is for 30' front setbacks. The request is for reduced setbacks along
Locust Avenue and South Street. Planner: Jeremy Pate
RECOMMENDATION:
Staff recommends approval of the requested setback variances as shown on the submitted
site plan and described herein with the following condition(s):
1. Variance approval shall only apply to the existing structure as it is currently
located.
2. Should the structure by destroyed by any means to an extent of more than 50% of
its replacement cost at the time of destruction,it shall not be reconstructed except in
conformity with provisions of the current code.
3. Should the structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the district in which it is located after it is
moved.
4. No structure or portion of structure shall be constructed with public right-of-way.
5. All applicable building permits shall be obtained.
--- -----------------
------------
............. .....
............
..... ........
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K.-LReportsL?004180AReportsIO5-03-041VAR04-1048(B�W).doc
BACKGROUND:
Property description:
The subject property is located at 301 W. South Street, at the southwest comer of West South
Street and South Locust Avenue. The existing house on the property was constructed in 1906,
prior to current zoning regulations. With the application of Master Street Plan right-of-way and
building setbacks as determined by the underlying zoning, R-O, Residential Office, much of the
home is considered a non-conforming structure, in that a large portion of it currently encroaches
into front building setbacks. Front building setbacks in the R-O zoning district are 30 feet from
the right-of-way line.
Proposal: The applicant purchased the home in January of 2004. Extensive renovation to the
home, including foundation work,has been ongoing, even prior to the current property owner's
purchase of the house. Two primary entrances to the house facing onto Locust Avenue were
previously not easily accessible or inaccessible, with several vertical feet from the elevation of
the ground to the actual entrance elevation(see photos). Porches and steps leading into the two
entrances facing onto Locust Avenue were subsequently reconstructed this spring, in the same
configuration as they had existed in past years. Additionally, a portion of a former porch was
enclosed to protect the basement and sub-floor of the structure. This reconstruction, however, is
within current building setbacks and requires a variance to replace.
Request: The request is for a front setback variance to accommodate the constructed porches and
steps as ingress/egress to the primary entrances to the existing non-conforming house. The
property is zoned R-O, which requires a 30-foot front setback. The applicant requests a reduction
in the requirement along Locust Avenue from 30 feet to I foot, a 29-foot variance. Additionally,
a request is made to reduce the building setback along W. South Street from 30 feet to 7 feet, a
23-foot variance. The steps and deck that are already reconstructed are not to extend beyond the
eaves of the house to the north and west.
I Ordinance Requirement Applicant's Request
Front setback(west) 30' 1' (a 29' variance)
Front setback(north) 30' 7' (a 23' variance)
Surrounding Land Use/Zoning:
Direction Land Use Zoning
North Single Family homes R-O, Residential Office
South Vacant R-O, Residential Office
East Single Family homes R-O,Residential Office
West Salon R-0, Residential Office
GENERAL PLAN DESIGNATION Mixed Use
K.ReportA2004WOA Reporiylff-03-04EAR 04-1048(Boyd).doc
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: The existing nonconforming structure was built in 1906, prior to current
zoning regulations and Master Street Plan requirements. In an effort to
recondition the home and provide for a safe means of ingress and egress,the
applicant has reconstructed the landings and steps as they were originally
constructed. This lies within the building setback area of the R-0 zoning
district.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would not permit the constructed
decks and stairs to be sited within the 30-foot front setbacks. Two primary
entrances would subsequently have no ingress/egress, as most of the existing
house is located within the building setbacks, as well. The applicant would be
deprived of rights to enter and exit the existing home in a safe manner.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The applicant purchased the home in January of 2004. The two subject
entrances were entirely inaccessible or not safely accessible at that time. The
applicant hired a contractor to reconstruct the decks and steps as they had
previously been constructed. The contractor mistakenly reconstructed the
entrances without a building permit. Upon notice that a building permit was
required,the encroachment into building setbacks was noted and work
ceased until the matter could be resolved.
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.
K.WeporlsL70041BOA Reports105-03-041VAR 04-1048(Bgyd).doc
Finding: Granting the requested variances will not confer special privileges to the
applicant. A single family home is permitted by right in the R-0 zoning
district,therefore it is a conforming use.
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 nonconformities were considered as a basis of the findings stated in this
staff report.
§ 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday, May 03,2004.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will
make possible the reasonable use of the land, building, or structure.
(L) Harmony with General Purpose. The Board of Adjustment shall further make a
finding that the granting of the variance will be in harmony with the general
purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Finding: The proposed rear setback variance is the minimum variance necessary to
accommodate the proposed structure. The reconstructed decks and stairs are
in relatively the same configuration as they were previously constructed,and
do not encroach beyond the existing eaves of the house.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
Finding: Reasons set forth in the application justify granting the requested variances
(please see attached).
K.,IReportsL?004WOA ReportsIO5-03-041VAR 04-1048(Boyd).doc
b. 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 arc stated on page
one of this report.
C. 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 use of this property for a single family home is permitted by right in the
R-0 zoning district.
K.,WeportsL90041BOA Reports105-03-04EM 04-1048 P)5d).doe
161.15 District R-O,Residential Office Townhouses:
Development 10,000 sq.ft.
(A) Purpose. The Residential-Office District is Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
designed primarily to provide area for offices -family 6,500 sq.ft.
without limitation to the nature or size of the Three or more 8,000 sq.ft.
office, together with community facilities, Fraternity or Sorority 1 acre
restaurants and compatible residential uses.
(3) Land area per dwelling unit.
(13) Uses. Manufactured home 3, 00 sq.ft.
Townhouses&apartments:
(1) Permitted uses. No bedroom 1,000 sq.ft.
One bedroom 1,000 sq.ft.
Unit 1 City-wide uses by right Two or more 1,200 sq.ft.
Unit 5 Government facilities bedrooms
IRA liti—Ts _Fm�r Sorority 500 so.ft.Der resident
Unit 9 Two-family dwellings
Unit I I Manufactured home park (D) Density.
Unit 12 Offices,studios and related services
Unit 25 Professional offices FFUMS—�Peracre 4 to 24
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit (E) Setback regulations.
Unit 3 Public protection and utility facilities
Unit4 Cultural and recreational facilities 4014%,
Unit 13 Eating places Front,if parking is allowed between the right- 50 ft.
Unit 24 Home occupations of-way and the building
Unit 26 Multi-family dwellings Side 10 ft.
Unit 36 Wireless communications facilities Side,when contiguous to a residential dist(ict 15 ft.
Rear,without easement or alley 25 ft.
(C) Bulk and area regulations. Rear,from center line of public alley 10 ft.
(Per dwelling unit for residential structures) (F) Height regulations. There shall be no
maximum height limits in R-0 Districts,provided,
(1) Lot width minimum. however, that any building which exceeds the
Manufactured home park 100 ft. height of 20 feet shall be set back with any
Lot within a manufactured home 50 ft. boundary line of any RSF or RMF District an
park additional distance of one foot for each foot of
Single-family 60 ft. height in excess of 20 feet.
Two-family 60 ft.
Three or more 90 ft. (G) Building area. On any lot,the area occupied
by all buildings shall not exceed 60%of the total
(2) Lot area minimum. area of such lot.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq.ft
park
K.,lReports12004WA Repor&105-03-041VAR 04-1048(&yd).doc
Chairman Michael Green&Board of Adjustment Members:
Dear Sirs and Madams:
I beg you to please take into consideration the following zoning variance request
for the home located at 301 W. South Street in Fayetteville,noting, first:that special
conditions and circumstances peculiar to the building necessitate this request,namely,the
house was constructed in 1906 and the proposed porches are a replacement of previously
existing porches on the home rather than new or extended structures; secondly,a literal
interpretation of the provisions of the ordinance would deprive the applicant of safe
ingress and egress to the home;thirdly, these special conditions and circumstances relate
to the centary-old construction of the building and of demolition and remodeling actions
taken by the previous owners,not the applicant; and fourthly,that granting the variance
requested will not confer any unusual privilege in the surrounding neighborhood,as
many of the existing homes and/or porches predate and encroach upon the zoning
ordinance.setbacks.
The construction of the house at 301 W. South Street in 1906 predates the zoning
ordinance requirements. A large portion of the existing house currently sits in the 30 foot
set back from the property line,requiring that any work done on the house first must be
approved as a zoning variation, a fact of which I was unaware until informed of my
violation of city ordinance codes. The previous owners were in the middle of a
remodeling project that including rebuilding the foundation of the house when they sold
the house to me,but had not,to the best of my knowledge,applied for a zoning variance
request.
I purchased the house at 301 W. South Street in January of this year and moved
into it on February 1. My primary concern has been to stabilize the structure of the house
and to make it as safe as possible. The house needs considerable renovation,both
structural and cosmetic, which will be a lengthy process due to my current lack of funds.
With what little money I did have, I determined that to build porches was a top priority. I
have two small children, ages 9 and 6. With steep steps without a rail leading only to the
front door leaving three other exterior doors without ingress or egress, I felt the safety of
the children demanded free access to those doors. In the event of a fire, I wanted the
children to be able to exit the rear of the house through the exterior door to their room.
Therefore, I contracted Superior Restoration, Inc. to rebuild the porches that had
been tom down by the previous owners. We used the marks and remaining vestiges of
the old porches, including the intact original roof of the rear porch,to determine the size
and length of the porches. I was under the mistaken impression that restoring the original
porches would require no variance, since we were merely replacing previously existing
porches and not altering the structure of the house.
However, we ran into a problem on the back porch. The previous owners had
changed the footprint of the foundation to include a small room, 7' 7"x 6' 10"in size, on
the previous porch. This area needed to be sub-floored,as the installation of porch
flooring would leave the basement area open to weather resulting in the loss of heat from
the furnace located in the basement. The roof of the old porch still remained, so Mr.
Crossland of Superior Restoration framed in two exterior walls to"weather-in"and
protect the new sub-floor. I felt this change was necessary to weatherproof the basement
area and provide safe egress from the back bedroom of the house,which currently exits
through that room. This room does not fall into the 30' zoning setback.
I believe the previous owners intended that new mom to be a laundry room, and
to re-install a second bathroom in the current laundry room(the property assessment lists
a second bathroom which does not now exist). I do not currently have the money to
complete this project beyond framing in and weather-proofing to prevent any further
damage and/or energy loss.
In summary, I beg your approval of the variance of the city code in allowing the
porches to remain as built, including the roughed-in room,which does not extend into the
30' setback zoning area. The porches meet or exceed all city codes, allow the safe
ingress and egress to the house, and add aesthetically to the house and by extension to the
neighborhood. Most of the buildings in that neighborhood are still homes rather than
businesses, and many on South and Locust Streets encroach upon the code's 30 foot
setback(see attached county plat). My home is therefore not unusual in its request.
Tbank you for your time and consideration.
Sincerely,
Molly"Bo
I T-T-v I
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LEGAL DESCRIPTION OF PROPERTY:
PT Lots 1-2,Block 12 Subdivision 05560,Ferguson Addition,City of
Fayetteville I
WRITTEN DESCRIPTION OF PROPOSED CHANGES TO EXISTING
STRUCTURE:
The house currently is approximately 1081 square feet The proposed
changes include construction of two porches: front porch 81 x 111 711 with new roof;
back porch 71 711 x 14' 2"with existing roof; mud room 7' 7"x 6' 10"feet(does not
fall within zoning ordinance setback; see site drawing). The proposed changes
would make the house approximately 1130 square feet; however, the mud room is
without.electricity,plumbing,heating or cooling,and should not therefore be
counted in square footage of living space. There is one off street parking space in
the gravel driveway,unchanged.
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