HomeMy WebLinkAbout2008-03-03 - Agendas **4
TY e eVi le
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,March 3,2008,at 3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
1. Approval of the minuites from the January 7,2008 and February 4,2008 meetings.
New Business:
2. BOA 08-2926(BLAKE JORGENSEN,444): Submitted by BLAKE JORGENSEN for property located at 620/626 N.
WHITHAM AVENUE. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately
0.37 acres. The request is for several variances of lot frontage,lot area, and setbacks to bring existing structures into
compliance as well as the lot created by a lot split of the property. Planner: Dara Sanders
3. Election of a new chair for 2008,a one-year term.The chair will begin the with the April meeting.
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 arc 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
7ayei BOA Meeting of March 03, 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: Dara Sanders, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: February 22, 2008
BOA 08-2926 (BLAKE JORGENSEN, 444): Submitted by BLAKE JORGENSEN for
property located at 620/626 N. WHITHAM AVENUE. The property is zoned RMF-40,
MULTI FAMILY.- 4.0 UNITS/ACRE and contains approximately 0.37 acres. The request
is for several variances of lot frontage, lot area, and setbacks to bring existing structures
into compliance as well as the lot created by a lot split of the property.
Planner: Dara Sanders
BACKGROUND:
Property Description and History: The subject properties are located at the northeast comer of
Whitham Avenue and Taylor Street and are zoned RMF-40. The surrounding land use and zoning is
included in Table 1.
TABLE 1: SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Multi-family residence RMF-40,Res.multiple family,40 units/acre
South Single family residence RMF-40,Res.multiple family,40 units/acre
East Multi-family residence RMF-40,Res. multiple family,40 units/acre
West Multi-family residence RMF-40,Res.multiple family, 40 units/acre
On February 28, 2008, the Subdivision Committee approved a request for a lot split on the subject
property to subdivide two lots for the creation of a third lot. The lot split approval,is contingent
upon approval of the variance requests of bulk, area, and setback requirements included herein.
Prior to the lot split proposal,the subject property consisted of two lots, Lot 6 and Lot 7, within the
RMF-40 zoning district, which the following bulk, area, and setback requirements for a single
family dwelling apply:
Minimum lot width 60 ft.
Minimum lot area 6,000 s .ft.
Front setback 25 ft.
Side setback 8 ft.
Rear setback 20 ft.
March 3,2008
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BOA 08-2926 Blake Jorgensen
Agenda Item 2
Page 1 of 14
Lot 6A, located at the corner of Whitham Avenue and Taylor Street, was approximately 64 feet
wide and contained approximately 9,147 square feet prior to the lot split request. It contains a
nonconforming single family dwelling with a west front setback of approximately 15 feet and a
south front setback of approximately 13 feet from the Master Street Plan right-of-way.
Lot 7, located one lot north of the Whitham/Taylor intersection, was a nonconforming lot prior to
the lot split request with 50 feet of frontage and a lot area of approximately 7,405 square feet. It
contains a nonconforming single family dwelling with a front setback of approximately 19 feet
from the Master Street Plan right-of-way.
Proposal: The applicant proposes to subdivide the two lots into Lots 6A, 613, and 7 of 0.13, 0.14
and 0.11 acres respectively, resulting in 3 nonconforming lots. The proposed lot split would reduce
the lot area for Lot 6A from 9,147 square feet to 5,886 square feet,the lot area for Lot 7 from 7,405
square feet to 4,727 square feet, and create Lot 613,which as over 6,000 square feet but only 55 feet
of frontage.
Furthermore,the applicant proposes a reduced front setback of 15' (a 10' variance)for Lot 613. The
existing drive for Lot 7 is located at the east and north property lines of Lot 613, resulting in a
reduction of buildable space and usable yard area for the new lot.
The proposed bulk, area, and setbacks are indicative of the RSF-8 zoning district. While the
applicant could request to rezone the property to RSF-8 so that the lot split would meet most of the
bulk and area requirements of the revised zoning district, staff finds that a down zoning action is
inappropriate in an already dense area in close proximity to the University campus; therefore, staff
supports the applicant's rcquest,'finding that it is an appropriate infill project that meets the density
intent of the RMF-40 zoning district;ias well as goals and objectives of City Plan 2025.
Request:
1) Lot 6A -the applicant requests a lot area and setback variance to bring the nonconforming
lot and existing nonconforming structure into conformity.
2) Lot 613 - the applicant requests a lot width variance for a new single family dwelling and a
front setback variance for the future construction of a residence.
3) Lot 7 —the applicant requests a lot area, lot width, and front setback variance to bring the
existing nonconforming lot and structure into conformity.
Ordinance Applicant's Request Pre-existing
Reg uirement
Lot 6A
Lot Area 6,000 SF 5,886 SF a 114 SF variance
Front Setback(West) 25' 15' (a 10' variance)
Front Setback(North) 25' 10' (a 15' variance)
Lot 6B
Front Setback 25' 15' (a 10' variance)
Lot Width 60' 55' a 5' variance)
Lot 7
Lot Area 6,000 SF 4727 SF(a 1275 SF variance
Front Setback 25' 1 15' (a 10' variance)
Lot Width 60' 50' (a 10' variance)
March 3,2008
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P P ( % ) BOA 08-2926 Blake Jorgensen
Agenda Item 2
Page 2 of 14
RECOMMENDATION:
Staff recommends approval of the requested variances to bring the existing
nonconforming portions of the lots and structures into compliance, including the
following:
1) Request for a west front setback variance of 10' for a total west front setback of 15'
for Lot 6A.
2) Request for a south front setback variance of 15' for a total south front setback of
10' for Lot 6A.
3) Request for a front setback variance of 10' for a total front setback of 15' for Lot 7.
4) Request for a lot width variance of 10' for a total lot width of 50' for Lot 7.
Staff recommends approval of the requested variances to allow for the proposed lot
split, including the following:
1) Request for a lot area variance of 114 square feet for a total lot area of 5,886 square
feet for Lot 6A.
2) Request for a front setback variance of 10' for a total front setback of 15' for Lot
6B.
3) Request for a lot width variance of 5' to allow for a lot width of 55' for Lot 6B.
4) Request for a lob area:variance of 1,275 square feet for a total lot area of 4,727:
square feet for Lot 7:
The following conditions of approval shall apply:
1. 'The lot split shall be filed prior to building permit approval. f.
2. Only one single-family dwelling shall be allowed on Lot 6B.
3. No expansion of the existing structures, without Board of Adjustment
approval, shall occur within the building setbacks, with the exception of that
noted herein.
4. The variances shall only be applicable for the existing single-family structures
and the proposed single-family structure. Future development or re-
development of the site will require the property owner to meet all applicable
building setbacks.
5. A building permit shall be obtained prior to commencement of any
construction on Lot 6B. All existing structures, easements and utilities shall be
located on the site plan submitted for building permit consideration.
6. Should the lot width variance request for Lot 6B and/or the lot area variance
requests for Lots 6A and 7 be denied, the lot split approval shall be null and
void.
March 3,2008
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BOA 08-2926 Blake Jorgensen
Agenda Item 2
Page 3 of 14
Additional Conditions/Comments:
B`®ATR=D<`p�i AD7�T�S I MENT ACTION ❑ r vel' 0 Denredr
Date March 3 2008: Motron SecondYote �+� . a,
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:'" ''The houses on Lots 6A and 7 are existing nonconforming structures,
dating from approximately 1926. The lots also predate current zoning'•:
bulk and area requirements and exist as nonconforming. Staff finds the
request to bring the existing lot and structures into :compliance ec
demonstrates sufficient special conditions to warrant granting a
variance for this request.
The applicant proposes to save a large tree located on Lot 6B and
proposes a reduced front setback in order to construct the proposed
home away from the•tree to ensure its preservation. Furthermore,Lot 7,!"= a
is accessed by a gravel drive, see site plan, that exists on a portion of Lot
6B, which has been placed in a private access easement and reduces the
buildable area for the new lot.
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 for Lots 6 and 7, as they
currently exist, allow for the continued existence of the structures and
lots as nonconforming. Bringing Lot 7 and the structures on Lots 6 and
March 3,2008
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Agenda Item 2:
Page 4 of 14-
7 into compliance would permit the applicant to make additions and/or
improvements to the homes.
Literal interpretation of zoning regulations for Lot 6B will not allow for
the creation of the lot and the proposed structure, as it does not meet
the minimum lot width and front setback requirements as currently
proposed. The proposed lots would have similar lot areas and setbacks
to those existing in the neighborhood.
Furthermore, staff finds that literal interpretation of the zoning
regulations for Lot 6B 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 Lot 6B, due
to its location in relation to the University of Arkansas and Downtown
Fayetteville,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 applicants proposal.
3. Resulting Actions. . That the special conditions and circumstances do not -•
result from the actions of the applicant.
Finding: The existing nonconforming nature of Lots 6A and 7 and the existing
structures.predate the,applicant, and therefore does not result,from the,
actions of the applicant. however, the request to subdivide the two lots, � I
into three, subsequently,,yeducing the lot area for Lots 6A and 7 and '
proposing setback and lot width dimensions for Lot 6B below the
mipimum..required, is an action of the applicant. The applicant could., ra
request to rezone the property to RSF-8 and return to the Board of
Adjustment with a request for a variance from lot area requirements
for Lot 7; however, staff does not generally support spot zoning and
finds that down zoning the subject properties is inappropriate in an
r already ,dense area with bulk, area; and, setbacks, comparable,to the . ,
applicant's proposal.
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.
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
March 3,2008
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BOA 08-2926 Blake Jorgensen
Agenda Item 2
Page 5 of 14
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,March 3,2008.
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
lands building, or structure.
Finding: The requested variances for Lots 6A and 7 are the minimum-variances•
necessary .-bring the . adjusted lots and existing 'structures into
compliance; The requested front setback variance for Lot 6B is not the
minimuin variance necessary to allow for the construction of a single
family.structure. However, staff finds that the request is justified as the, 4 ,
request, is congruent with the front setbacks of the surrounding ,,.
residcntialjstructures. Allowing the reduced setback will,be compafrble .;c
with the neighborhood and create a uniform and pedestrian friendly
streetscape. Furthermore, Lot 7 is accessed by a gravel drive, see site
plan, that exists on a portion of Lot 6B, which has been placed in a
private access easement and reduces the buildable area for the new lot.
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 a variance for the existing lots and structures, as well as the
proposed lot and structure, would be in keeping with the overall
character and harmony of the neighborhood. The variances will not be
injurious to the neighborhood or otherwise detrimental to the public
welfare,with conditions as recommended herein.
March 3,200$
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Agenda Item 2
Page 6 of 14
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 approval, with a primary condition that the
variances only be applicable for the existing single-family structures
and the proposed single-family structure. Future development or re-
development of the site will require the property owner to meet all
applicable zoning setbacks.
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
March 3,2008
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BOA 08-2926 Blake Jorgensen.
Agenda Item 2
Page 7 of 14
JORGENSEN & ASSOCIATES
CIVIL_ ENGINEERS a SURVEYORS
124 WEST SUNBRIDGE,,SUITE 5 - FAYE I-E:VILLE,ARKANSAS 72703 + (474).412-9127 - FAX(479).582-4807
- -DAVID.L.JORGENSEN,:F.E.,P.L.S.
January 27x;2008
City of Fayetteville
113 W.Mountain Street
Fayetteville,AR 72701
Attn:Planning Department
Re:620/626 Whitham-Ave Lot Split
To Whom It May Concern:
Please find the application fora Lot Split and Variance for the above referenced property.The intent of this
application is to pursue lot split for the properties located at 620&626 N.Whitham Avenue;the variance
will be requested to bring the current structures into compliance along with reduced setbacks,lot size
minimum,and minimum frontage for the new lot and The following variances would be
requested:reduce the minimum lot size of 6000 sq.ft.,reduce the minimum frontage of 60',reduce the
minimum Front Setback of 25,,'&reduce the minimum Rear Setback of 20."Currently lot 6 is 9,192 sq.ft.
with-a structure that is approximately 1,100 sq. ft.and lot?is 7500 sq.ft.with a structure that is
approximately 1,800 sq,ft,:with the subdivision of this land the new lot sizes would be as follows:Lot 6=
5,886 sq.ft.,Lot 7=4727 sq.ft.,Lot 6A=6078 sq.ft..Both of the existing structures fall within the
current Front Setback of 25%the existing house located on lot 6 is approximately 15, from the Right-of-
Way
ight-ofWay of Whithant Avenue 8s 10' from the Right-of-Way of Taylor Street,this seems to be an appropriate
setback,seeing that almost all of the structures in this area fall within these setbacks as well;to maintain
this site line,a 15'&-W'Front Setback would need to be accepted for the now structure as well.
Other properties in this area have this same circumstance and this special condition is not a
privilege that the applicant would receive as a result of their actions,and granting the variance(s)requested
will not confer on the applicant any special privilege that is denied by this ordinance to other lands,
structures,or buildings in the same district:furthermore,the literal interpretation of the provisions of this
ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district
under the terms of this ordinance.
Thanks for your time,
ak .3o ensen,E.I.
co ° .
Y
u *
March 3,2008
Board of Adjustment
BOA 08-2926 Blake Jorgensen
STRUCTURAL DESIGN „ LAND DEVELOPMENT a WATER SYSTEMS * WASTEWATER SYSTI MS +LAND SURVEY7NIAgenda Item 2
Page 8 of 14
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Board of Adjustment
BOA 08-2926 Blake Jorgensen
Agenda Item 2
Page 10 of 14
BOA 08-2926 (Jorgensen)
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Legend
BOA08-2926
March 3,2008
Surrounding property with similar bulk, area, and/or setbacks to the subject pro Board of Adjustment
�r�08-2926 Blake Jorgensen
Agenda Item 2
Page 11 of 14
BOA08-2926 g LA K E J O RG E N S E N
Close Up View
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SUBJECT PROPERTY
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Overview
e March 2008
o .^... 0 37.5 75 150 225 300 Board of Adju tment
Feet BOA 08-2926 Blake Jor ensen
Agenda Item 2
PayG 12 of 14
BOA08-2926 BLAKE JORGENSEN
One Mile View
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SUBJECT PROPERTY
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Overview Legend Boundary
-"-- Subject Property
- tip,.Planning Area
-_ - - BOA08-2926 �000y Overlay District
❑ Outside City
Legend
- ` Hillside-Hilltop O erlay District
0 0.25 0.5 1 Mar b 3,2008'
Board of djustment
M IeS BOA 08-2926 Blake orgensen'
A e da Item 2
age 13 of 14.
March 3,2008
Board of Adjustment
BOA 08-2926 Blake Jorgensen
- Agenda Item 2
Page 14 of 14