HomeMy WebLinkAbout2010-09-13 - Agendas •
Tae;ile
ARKANSAS
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone: (479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
MONDAY, SEPTEMBER 13, 2010 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the June 14, 2010 meeting.
New Business:
2. BOA 10-3643 (POMORANSKY 2732 MEADOWLARK, 324): Submitted by JOHN
POROMANSKY for property located at 2732 MEADOWLARK. The property is zoned RSF-
4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.29 acre. The request is
for a side setback variance for a parking cover. Planner: Dara Sanders
3. BOA 10-3644 (KILPATRICK 4910 WEDINGTON, 398): Submitted by SARAH
KILPATRICK for property located at 4910 W. WEDINGTON DRIVE. The property is zoned
R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 1.95 acres. The request
is for a variance of lot width and lot area to bring a nonconforming lot into compliance.
Planner: Dara Sanders
4. BOA 10-3645 (W-ONE INVESTMENTS 38 W. TRENTON, 445): Submitted by PAUL
MORTENSON for property located at 38 W. TRENTON BLVD. The property is zoned R-O,
RESIDENTIAL OFFICE and contains approximately 0.91 acre. The request is to bring an
existing structure into compliance for remodeling. Planner: Andrew Garner
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and
other pertinent data are open and available for inspection in the office of City Planning (479-575-8267), 125
West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions.
Interpreters or TDD (Telecommunication Device for the Deaf) are available for all public hearings; 72 hour
notice is required. For further information or to request an interpreter,please call 479-575-8330.
•
Taye evl e
ARKANSAS
ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response 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.
2010 Board of Adjustment Members
Robert Kohler (Chairman)
Sheree Alt
Mark Waller
Steven Bandy
Evan Niehues
Kristen Knight
Special Board ofAdjustment Meeting
June 14, 2010
Page 1 of 2
MINUTES OF THE
BOARD OF ADJUSTMENT
The regularly scheduled Board of Adjustment meeting on June 7, 2010 was not held due
to lack of quorum.
A special meeting of the Board of Adjustment was held on June 14, 2010 at 4:00 p.m. in
Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
BOA 10-3586 (37 S. Gregg Avenue, 522) Approved
Page 2
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Steven Bandy
Robert Kohler
Mark Waller
Kristen Knight
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
Jason Kelley
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 4:00 PM.
Special Board ofAdjustment Meeting
June 14, 2010
Page 2 of 2
BOA 10-3586 (37 S. GREGG AVENUE, 522): Submitted by TODD JACOBS for
property located at 37 S. GREGG AVENUE. The property is zoned NC,
NEIGHBORHOOD CONSERVATION and contains approximately 0.33 acres. The
request is for variances of lot width and minimum buildable street frontage in order to
subdivide the property and construct two new single family dwellings.
Andrew Garner, Senior Planner, gave the background for the variance request and the
minimum buildable street frontage requirement. Finding several unique circumstances on
this parcel including floodplain, riparian buffer area, and the opportunity for single family
infill in the downtown area, staff recommends approval of the variances.
Board Member Kohler discussed that is proposal is consistent with everything that the
Neighborhood Conservation zoning district is trying to accomplish and City Plan 2025.
Board Member Knight asked about the location of the shared driveway.
Todd Jacobs, applicant, discussed that the driveway would likely be on the property line
and placed within an access easement.
Garner confirmed that the driveway location would be indicated on the lot split and
placed within a shared access easement on the lot split plat.
No public comment was presented.
Todd Jacobs, applicant, discussed that they were keeping it simple and proposing two
single family homes instead of a duplex or triplex that would be allowed under the
existing zoning.
Motion:
Board Member Alt made a motion to approve the request as requested by the applicant.
Board Member Bandy seconded the motion. Upon roll call, the motion passed with a
vote of 4-0-0.
All business being concluded, the meeting was adjourned at 415 p.m.
BOA Meeting of September 13, 2010
e vl e
Tay
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, Development Services Director
DATE: September 2, 2010
BOA 10-3643 (POMORANSKY 2732 MEADOWLARK, 324): Submitted by JOHN
POROMANSKY for property located at 2732 MEADOWLARK. The property is zoned RSF-4,
SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.29 acre.The request is for a side
setback variance for a parking cover. Planner: Dara Sanders
BACKGROUND:
Property Description: The 0.29-acre property is located in the Bird Haven Terrace neighborhood
north of Mount Comfort and west of Deane Solomon Road. The site contains one single-family
dwelling constructed in 1967. The surrounding land use and zoning is depicted below in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North, South, East, West Single FamilyResidential I RSF-4, Residential Single- amil , 4 du/acre
Proposal: As indicated on the submitted site plan,the applicant proposes to install a Recreational
Vehicle (RV) cover approximately 2 feet from the east property line. The proposed RV cover is 18
feet wide, 40 feet long, 12 feet high on the sides, and 16 feet high in the center, as shown in the
attached picture. The applicant has installed the compacted base on the subject property in the
proposed location of the RV cover.
As indicated in Table 2,the applicant is requesting a variance from the side setback requirement of
five(5) feet to allow for the structure in the proposed location approximately two (2) feet from the
east property line. Chapter 164.02(A)(3) allows accessory structures ten(10)feet or less in height to
be setback three(3)feet from a side property line,but an accessory structures that is greater than ten
(10) feet in height is required to meet the setback requirements of the underlying zoning district,
which is five (5) feet from a side property line and 15 feet from the front and rear property lines in
the RSF-4 zoning district.
G:IETCOevelopment Services Review120100evelopment RevieWV O-3645 38 W. Trenton BlvdW l-BOAW9-13-10IComments&Redlines
September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
Agenda Item 2
Page 1 of 14
Table 2
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Side Setback East 5' 2' a 3' variance
RECOMMENDATION:
Staff recommends denial of the requested setback variance, based on the findings herein.
BOARD'OF*W$TMFMT ACTION, 0 ,A0 O D n>ed
Motion
Secand. "
emote
Date ;Septeritbex l3;2010
CITY PLAN 2025 LAND USE DESIGNATION: Residential Neighborhood Area
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 Zoning Regulations
Certain variances of the zoning regulations may be applied for as follows:
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: Special conditions do not exist for this property related to the side building
setback. The lot is of sufficient width and area, 88 feet by 145 feet, to allow for
the construction and utilization of the property for a single-family dwelling;the
permitted use by right in the RSF-4 zoning district. The property is relatively
flat and a rectangular shape. The property has been developed and utilized
since 1985 with a single-family dwelling in compliance with all zoning and
development regulations. That the owner wants to construct a new detached
16'-high RV cover two (2) feet from the side property line is not a special
condition.
Additionally, special conditions and circumstances do not exist on the subject
property that would prevent the applicant from shifting the proposed structure
GAETCIDevelopment Services Review120101Development Reviewl10-3645 38 W. Trenion Blvdl0l-BOAI09-13-101Comments&Redlines
September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
Agenda Item 2
Page 2 of 14
three (3) feet to the west. The applicant has indicated in his letter that the
existing features on the property— existing trees, the gate, and the location of
the driveway in relation to the house (see the associated site plan) — would
restrict the turning movements necessary for backing the vehicle into the
backyard into the proposed 18'-wide structure if it is located five feet from the
east property line. After visiting the site with the applicant an measuring
dimensions of the parking area and RV,it is staff's opinion that parking the RV
five (5) feet off of the property line is possible and would not be much more
difficult than parking it two (2) feet off of the property line. Additionally, the
applicant has verified that a 15'-wide cover could be utilized at this site that
would comply with the side setback, though this size would not allow for the
extension of the side compartments shown in the attached image.
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: In May of 2009, the City Council approved staff's proposal to amend the
setback and height regulations for accessory structures (Chapter 164.02) as a
result of frequent requests heard by the Board of Adjustment to permit
accessory structures within the side or rear building setback.This amendment
allowed accessory structures ten (10) feet or less in height to be setback a
minimum of three (3) feet from the side property line and five(5)feet from the
rear property line,finding that these smaller accessory structures tend to have
less impact and often less permanence than a principal or larger structure.
Staff finds that literal interpretation of the zoning regulations would not deprive
the applicant of rights commonly enjoyed by other properties in the same
zoning district, as other properties in the same district utilizing an accessory
structure that exceeds 10 feet in height are required to meet the established
setback regulations.This property has been utilized for single-family use for 10
years and can continue to be enjoyed in its current condition. Staff would
recommend that the owner modify the location and/or size of the new accessory
structure to comply with the requirements of the RSF-4 district.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: Staff finds that there are no special conditions or circumstances that would
warrant approval of the variance request, as the 18'-wide cover could be
substituted with a 15'-wide cover in order to meet the required 5' side setback.
Staff does not find that the shape or size of the lot, or the topography, or any
other issues presented in the applicant's request are a special circumstance
particular to this lot which would necessitate the need for a variance. The
variance request is a result of the applicant's actions.
G:IETCIDevetapment Sen=ices Review110JOIDevelopment ReviewV 0-3645 38 W. Trenton Btvd101-BOA109-13-MComments&Redlines
September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
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 setback variance will confer special privileges on the
applicant. The applicant is requesting approval to construct a structure in the
required side setback, which other properties in the district are required to
meet. Staff finds that other properties in the same zoning district utilizing an
accessory structure exceeding 10 feet in height are required to meet the
established setback regulations unless otherwise varied by the Board of
Adjustment.
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 other nonconformities were 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, September 13,2010.
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 side setback variance 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.There is adequate space for the applicant
to construct an RV cover and still meet all required setbacks or continue
utilizing the existing dwelling that meets ordinance requirements,park the RV
on site without a permanent cover, or park the RV off-site in a designated
storage facility.
G:IETCIDevelopment Services Reviewl20101Development Review110-3645 38 W. Trenton Blv&01-BOAW9-13-MCommenls&Redlines
September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
Agenda Item 2
Page 4 of 14
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 variance will not be in harmony with the general purpose and
intent of the RSF-4 zoning regulations, which are in place to create a lower
density development form with considerable separation between structures.
Staff does find that the proposal could be injurious to the neighborhood. The
RV is permitted to be parked in the proposed location of and would be almost as
visible as the proposed structure. Further, even if the 16'-high RV cover were
moved the required three (3)feet more to the west,it would still be visible and
cast a shadow on the adjacent property owner. The applicant has submitted a
document signed by all adjacent property owners in support of the applicant's
proposal.
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 is recommending denial of the application. However, should the Board
vote to approve the applicant's request, staff would recommend the following
conditions of approval:
"I.Future alterations,additions,or structures shall meet the required building
setback regulations, unless otherwise approved by the Board of Adjustment."
2.All required permits shall be obtained prior to any construction or repair of
the proposed RV cover."
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 use is permitted in the zoning district.
G:IEMDevelopment Services Review120101Development Review110-3695 38 W. Trenton BMW-BOA 109-13-101Comments&Redlines
September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
Agenda Item 2
Page 5 of 14
To Whom It May Concern:
I am requesting permission to be able to have installed on my property an RV cover that
will be IS' wide, 40' long and 12' sides, with a center height of 16' to protect my motor
home from the weather elements and protect its value. This cover will be metal and will
be a neutral color so it will blend with other structures and not stand out. This will
probably be more pleasing to the eye for the surrounding neighbors rather than the motor
home itself.
In order to do so, I am requesting a setback variance adjustment from the east property
line. My motor home is 34' long and approximately 13' wide when the slide-outs are
extended. I have poured a concrete driveway that extends from the street to my drive-
through privacy gate, which is in direct line to my requested location of the cover. The
city permitted the driveway three years ago. Existing trees that we planted twenty-nine
years ago as well as the comer of my house prevent me from moving this cover any
further to the west in my yard, as well as being able to maneuver the RV due to the length
of it and the shortness of the length of my yard from the drive-through gate and the back
of the proposed cover.
If this request is granted, it will allow me to park the RV off the street and in my back
yard, and to protect its value and its overall condition.
The width of the RV carport cover is normal width and length. The size will allow me to
have steps or a ramp into the RV if needed in the future (my wife's physical condition
may require it to allow her access to the RV to help prepare it for trips from time to time).
I have talked to adjoining neighbors about the cover and none have voiced any objection
to it and have supported my plans. The metal RV carport cover will not be anymore of an
imposition to neighbors than the RV itself. I had a storage shed at the back end of this site
for twenty-eight years that I removed also in order to allow room for this cover. I feel by
choosing a neutral color it will be more pleasing to look at rather than the older shed that
was there.
Hopefully the city will allow for the RV to be parked here and allow a variance
permitting the cover to be installed.
Thank you for your consideration in this matter.
Sincerel ,
John Pomoransky
2732 Meadowlark Dr.
Fayetteville, AR 72704
September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
Agenda Item 2
Page 6 of 14
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Customer: John Pomoransky proposed location of carport cover
Address: 2732 W MeaedoWlark Dr Fayetteville AR for the City of Fayetteville
DRAWN H K < qL
REV DATE DESCRIPTION RJE RJE 7/9/2010
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September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
Agenda Item 2
Page 7 of 14
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G:IETCIDevelopment Services Review120101Development Review110-3645 38 W. Trenton Blvdl01-BOA109-13-10IComments&Redlines
September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
Agenda Item 2
Page 8 of 14
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September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
Agenda Item 2
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Board of Adjustment
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Agenda Item 2
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Regular Page I of 4
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Home Estimator Locator Gallery About Us Contact Us Glossary
Regular
Regular style units have rounded corners and are considered the "basic" of carport designs.
Acting as a founding product for all other designs, the regular style unit is typically the most
economical and affordable product.
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Board of Adjustment
BOA 10-ny5l�7rdnsky
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Agenda
Page 11 of 14
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September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
Agenda Item 2
Page 12 of 14
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Overview Legend BOA 10-3643
--• Subject Property
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■ 60A10-3667 t_..�1
• --
• Boundary 4-- -; Plan iing Area
Fay tteville
0.25 0.5 1
Miles
September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
Agenda Item 2
Page 13 of 14
September 13,2010
Board of Adjustment
BOA 10-3643 Pomoransky
Agenda Item 2
Page 14 of 14
®T 18"'
BOA Meeting of September 13, 2010
aye
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, Development Services Director
DATE: September 1, 2010
BOA 10-3644(KILPATRICK 4910 WEDINGTON,398): Submitted by SARAH KILPATRICK
for property located at 4910 W. WEDINGTON DRIVE. The property is zoned R-A,
RESIDENTIAL,AGRICULTURAL and contains approximately 1.95 acres. The request is for a
variance of lot width and lot area to bring a nonconforming lot into compliance.
Planner: Dara Sanders
BACKGROUND:
Property Description: The subject property is located at the northwest corner of the Wedington
Drive/Broyles Avenue "T" intersection and was annexed into the Fayetteville city limits in 1983. The
1.95-acre tract is zoned R-A,Residential Agricultural and contains anunoccupied single-family dwelling,
which was constructed in 1995 according to the Washington County property data.In 2005,the Arkansas
State Highway Commission acquired 0.05 acre of right-of-way from the property owner to widen
Wedington Drive/Highway 16 at this location.The surrounding land use and zoning are included in Table
1.
Table 1: Surroundingand Use and Zoning
Direction Land Use Zoning
North Tandem lot development RSF-4,Residential Single-family,4 du/acre
South Marinoni Farm R-A, Residential Agricultural
East Church R-A, Residential Agricultural
West Single-family home R-A,Residential Agricultural
Proposal: As indicated in the applicant's letter,the applicant proposes to utilize the existing structure for
a daycare,which will require Planning Commission approval of a conditional use permit(CUP 10-3622),
as well as site improvements for compliance with the City's parking and development standards. The
conditional use permit is scheduled for the September 13, 2010 Planning Commission meeting. The lot
does not meet the bulk and area requirements of the underlying R-A zoning district, and approval of a
variance request is required prior to improving the property. As indicated in Table 2, the applicant is
requesting a variance from the lot width and lot area requirements of the R-A zoning district.
C:IETCIDevelopment Services Review120100evelopment Review; O-3645 38 W. Trenton Blvd101-BOA109-13-101Comments&Redlines
September 13,2010
Board of Adjustment
BOA 10-3644 Kilpatrick
Agenda Item 3
Page 1 of 10
Table 2: Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Lot Width 200' 179' a 21' variance
Lot Area 2 acres 1.95 acres a 0.5 acre variance
RECOMMENDATION:
Staff recommends approval of the requested variances as listed herein with the following
conditions:
1. Future alterations or additions to the existing structures shall meet required
building setback regulations, unless otherwise approved by the Board of
Adjustments.
2. All required permits shall be obtained prior to any construction or repair of the
existing structures or to improve the subject property.
Additional Conditions/Comments:
BOARD OI ADJUSTIVIEMI°:ACTION. Cl Approved 0 Denied
Motion: .
Second:
Vote:
Date: September 41"'. 'o --0 v `
CITY PLAN 2025 LAND USE DESIGNATION: Residential Neighborhood Area
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 Zoning Regulations
Certain variances of the zoning regulations may be applied for as follows:
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: There are special conditions and circumstances that exist for this property. The
G:IETCIDevelopment Services Reviewt20101Deyelopment Reviewl]0-3645 38 W. Trenton B1vd101-BOA 109-13-101Comments&Redlines
September 13,2010
Board of Adjustment
BOA 10-3644 Kilpatrick
Agenda Item 3
Page 2 of 10
lot was platted with 2 acres and approximately 179 feet of frontage prior to
being annexed from the county into the Fayetteville city limits and prior to the
widening of Wedington Drive/Highway 16. The right-of-way acquisition
necessary for the Wedington street improvements reduced the 2-acre lot to 1.95
acres.
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 deprive the applicant of the
right to improve or expand the existing structure on the property. The existing
building could be retained on the property, but without a variance the
improvements would be limited by Chapter 164.12. Thus,literal interpretation
would deprive the applicant of rights commonly enjoyed by other properties in
the same district.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: Special conditions or circumstances are not the result of the actions of applicant.
The lot width was established prior to being annexed into Fayetteville's city
limits, and the lot area was decreased as a result of State Highway right-of-way
acquisition necessary for the widening of Wedington Drive/Highway 16.
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 setback variances will not confer special privileges on
the applicant. The applicant is requesting approval to bring the lot into
conformance in order to improve to the property to meet city standards if the
associated conditional use permit (CUP 10-3622) is approved by the Planning
Commission on September 13, 2010.
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 other nonconformities were 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.
G.IETCIDevelopment Services Reviewl20101Development Reviewl]0-3645 38 W. Trenton B1vd101-B0A109-13-MComments&Redlines
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Board of Adjustment
BOA 10-3644 Kilpatrick
Agenda Item 3
Page 3 of 10
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, September 13, 2010.
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 variances are the minimum variances necessary to bring the
subject property into conformance with the bulk and area regulations of the
underlying zoning district.
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: Staff finds that granting the variance will be in harmony with the general
purpose and intent of zoning regulations and will not be injurious to the
neighborhood. The property is located on Wedington Drive, a 5-lane highway
where a variety of uses and lot sizes currently exist, and has existed in its
current state for decades. The proposal would bring the existing lot into
conformance and would not permit any encroachments into the building
setbacks or to further divide the property.
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 two
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 applicant intends to use this property for a child care facility, which is
permitted only by conditional use in the R-A zoning district. If the conditional
use permit application is not approved,the variance request is still necessary in
G:IETCIOevelopment Services Review120101Development Review110-3645 38 W. Trenton Blvd101-BOA 109-13-101Commen1s&Redlines
September 13,2010
Board of Adjustment
BOA 10-3644 Kilpatrick
Agenda Item 3
Page 4 of 10
order to bring the nonconforming lot into compliance.
G.IETCIDevelopment Services Review120101Development ReviewVO-3645 38 W. Trenton BlvdWl-BOA 109-13-101Comments&Redlines
September 13,2010
Board of Adjustment
BOA 10-3644 Kilpatrick
Agenda Item 3
Page 5 of 10
Property Owners/Developers Surveyors
Herbert Pond,Sr. Blew and Associates
Route 2 455 E.Township
Fayetteville,AR Fayetteville,AR
LEGAL DESCRIPTION:
A part of the Southeast Quarter of the Northeast Quarter of Section 11, and a part of the Southwest
Quarter of the Northwest Quarter of Section 12, all in Township 16 North, Range 31 West, being more
particularly described as follows,to-wit; Beginning at a point which is 662 feet North of the Southeast
corner of said Southeast Quarter of the Northwest Quarter and running thence East 648.94 feet;thence
SO 17'33"E 620.75 feet;thence 889 35'W,along highway right-of-way 114.12 feet;thence North 274.90
feet;thence 889 35'W 318.0 feet;thence South 272.27 feet;thence West,along highway right-of-way
597.89 feet;thence North 478.27 feet;thence West 277.53 feet;thence North 318.38 feet;thence East
655.42 feet;thence South 175.40 feet to the point of Beginning.
LOCATION: One mile West of Fayetteville,Arkansas,outside of City limits
ACREAGE: 16.3 acres, more or less.
September 13,2010
Board of Adjustment
BOA 10-3644 Kilpatrick
Agenda Item 3
Page 6 of 10
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9 September 13,2010
q t Board of Adjustment
mil BOA 10-3644 Kilpatrick
Agenda Item 3 --.
Page 7 of 10
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nsSeptember 13,2010
Board of Adjustment
BOA 10-3644 Kilpatrick
Agenda Item 3
Page 8 of 10
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September 13,2010.
Board of Adjustment
BOA 10-3644 Kilpatrick
Agenda Item 3
Page 9 of 10
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September 13,2010
Board of Adjustment
BOA 10-3644 Kilpatrick
Agenda Item 3
Page 10 of 10