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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 I`-- —88.-3 1/2„ DOVE DRIVE Z property line g " 15 14 13 0�0 18'-0" =Y� Y C 2W$ A' Sd C ��� PROPOSED LOCATION 2'-3" 40'-0" ^`` fig` 3a arya OF CARPORT COVER 0' 8 9 10 J o R d wok W 145,-0" CL og Q ak C MEADOWLARK DRIVE a� a 0 �a a Y property line ADJACENT PROPERTY OWNERS MEADOWLARK DRIVE N noT owgvrH TO sogLe 88'-31/2- 1 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 o- 5- IV is' 20' 30' 40• September 13,2010 Board of Adjustment BOA 10-3643 Pomoransky Agenda Item 2 Page 7 of 14 a n' x PT < , .� aX/FLGN€ .3 !kii�?�K..�.T:YILF .fill� .u/ t1Yt. 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 g 6o�t� 4�y 1 fff 144 P _ M1 MAI,, 7 sve3 Vi J PioYtwe u{- -kb.a ga-k ide,�}ifitq Yrr� kl.¢silepla.,� . - . .. w -rµlo roc.CSS fovey;"1 proV'-"'I September 13,2010 Board of Adjustment BOA 10-3643 Pomoransky Agenda Item 2 Page 9 of 14 a c gam. A' 1 `PMO a his \ P September 13,2010 Board of Adjustment BOA 10-3643 Pomoransky Agenda Item 2 Page 10 of 14 Regular Page I of 4 M.m: NZ=1:.i�: I ......................................................................................................... ............................. ............... 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. back to Album Play Slideshow Download ............ .......... M JIM ................. ........................... .............. ............- ............. ..................- . .................... . .-=. ............ ................ ............................... ............... .......... . ......... MIN: ................................................ ................. ............vt ..................... ............................................. 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' iSFgRSF Overview Legend BOA 10-3643 --• Subject Property - (y • I Desi n Overlay District ■ 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 September 13,2010 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 M10 .. otkfdow Fick ide- 9 September 13,2010 q t Board of Adjustment mil BOA 10-3644 Kilpatrick Agenda Item 3 --. Page 7 of 10 WN INV: Ri ,t t ..` kOW" LL: a, ,. � r � zs✓,1 ,<+�', �� rix,; L \ Ma X K A i xy Z j ,Is F Pilk, y a �. ytt sR ` r t ,vis Y �* Y sr 1 ! E 1 l 1 eib'cb � 2 > P v b�sf, ��k ' ��xf } x < x€tk. ti` INZ x, Y rw F e Y �'�vj �4 r y t i s� ?..cry ; . l 5 a ly y 3a ' ssal !Z1 79 179 feet4 ',<* e . 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Desi n Overlay District Boundary iingArea Fay tteville " 0 0.25 0.5 1 `- Miles September 13,2010 Board of Adjustment BOA 10-3644 Kilpatrick Agenda Item 3 Page 10 of 10