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HomeMy WebLinkAbout2011-09-12 - 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 12, 2011 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the August 1, 2011 meeting. New Business: 2. BOA 11-3924 (1417 W. Martin Luther King Blvd./E-Z Mart, 521): Submitted by Alan Reid & Associates for property located at 1417 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.98 acre. The request is for a variance from the front building setback requirements to permit a building expansion. Planner: Jesse Fulcher 3. BOA 11-3925 (6687 W. Wedington Dr./Trucks-N-Trailers, 435): Submitted by Alan Reid & Associates for property located at 6687 WEST WEDINGTON DRIVE. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 2.00 acres. The request is for a variance of the bulk and area requirements to permit a property line adjustment. 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 to Comment/Discussion and Questions by the Board F. Action of the Board (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 the staff and applicant presentations. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, stand and give your name and address. Address your comments to the Chairman, who is the presiding officer. After all public comments have been heard, the Chairman will direct your comments 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. 2011 Board of Adjustment Members Sheree Alt (Chairman) Robert Kohler Jeff Hagers Evan Niehues Kristen Knight Matthew Hoffman Page 1 of 6 MINUTES OF THE BOARD OF ADJUSTMENT A rescheduled meeting of the Board of Adjustment was held on August 1, 2011 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: July 11, 2011 Approved Page 2 Old Business: BOA 11-3874 (1705 N. Garland Avenue/Moldenhauer, 365) Approved Page 3 BOA 11-3795 (6855 West Wedington Drive/Lois Guist,434 Approved Page 4 New Business: BOA 11-3895 (434 W. Holly St./Millwee, 406) Approved Page 6 MEMBERS PRESENT MEMBERS ABSENT Sheree Alt Robert Kohler Kristen Knight Evan Niehues Jeff Hagers Matthew Hoffman STAFFPRESENT Dara Sanders Jesse Fulcher Jason Kelley Board of Adjustment Chair Sheree Alt called the meeting to order at 3:45 PM. September 12,2011 Board of Adjustment 08-01-11 minutes Agenda Item 1 Page 1 of 6 Page 2 of 6 Approval of the minutes from the July 11,2011 Board of Adjustment meeting. Motion• Board Member Kohler made a motion to approve the July 11, 2011 Meeting Minutes. Board Member Knight seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. September 12,2011 Board of Adjustment 08-01-11 minutes Agenda Item 1 Page 2 of 6 Page 3 of 6 BOA 11-3874 (1705 N. Garland Avenue/Moldenhauer, 365): Submitted by BUCKLEY BLEW for property located at 1705 NORTH GARLAND AVENUE. The property is zoned RSF- 4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.20 acres. The request is for a variance from the lot width requirements to recognize an existing nonconforming lot of record. Jesse Fulcher, Current Planner, gave the staff report. Mike Sebo, applicant, had no further comment. Board Member Knight, asked if there was anything developed on the southern lot. Sebo stated no. Board Member Kohler asked staff to explain why the lots couldn't be sold separately. Fulcher, discussed nonconforming lots and combined lots. Motion: Board Member Neihues made a motion to approve the request as recommended by staff. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. September 12,2011 Board of Adjustment 08-01-11 minutes Agenda Item 1 Page 3 of 6 Page 4 of 6 BOA 11-3795 (6855 West Wedington Drive/Lois Guist, 434): Submitted by LOIS GUIST for property located at 6855 WEST WEDINGTON DRIVE. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 2.3 acres. The request is for a lot width and lot area variance to bring a recently installed mobile home into compliance. Dara Sanders, Current Planner, gave the staff report. Board Members Kohler, Knight, and Alt discussed the surrounding land uses. Jim Guist, applicant, discussed the history of his property, the personal conditions requiring the additional dwelling, and his experience throughout the City's permitting process. Board Member Kohler asked if the applicant was involved in the condition of approval requiring screening. Mr. Guist said that he was not aware of the condition but was not opposed. Board Member Kohler and Mr. Guist discussed the fence line and the way in which the property lines were identified. Board Member Kohler asked staff if bonding would be required for the screening. Sanders stated that bonding was not listed in the conditions of approval. Mr. Guist stated that he didn't think the screening requirement is unreasonable. Board Member Hoffman and staff discussed the findings for hardship. Public comment: Bill Prater is the adjacent property owner to the west. He stated that there is not dispute regarding the property line location. His problem is that the home wasn't installed in compliance. He discussed the surrounding properties. Board Member Kohler asked Mr. Prater to explain his problem with the request. Mr. Prater discussed property values and the deteriorating conditions of mobile homes in general. No more public comment was presented. Board Member Niehues agreed that the Guist's did not intentionally violate the zoning regulations and agreed with the screening condition of approval. Board Members Hoffman, Kohler, and Knight discussed condition of approval #1. September 12,2011 Board of Adjustment 08-01-11 minutes Agenda Item 1 Page 4 of 6 Page 5 of 6 Commissioner Knight expressed opposition to condition of approval #1. Commissioner Alt believed that some screening is appropriate. Motion: Board Member Niehues made a motion to approve the request and modifying condition of approval#1 as follows: In order to address the visual impacts of the mobile home and appearance of overall increased density in the R-A zoning district associated with reduced lot width and lot area, the applicant shall install an evergreen vegetative buffer to screen the west and south sides of the mobile home from view of the adjacent property owner. The buffer shall be planted as follows: a. Provide a year-round evergreen vegetative screen of the west and south sides of the mobile home. b. Be provide least a 15-feet-wide greenspace. C. Be planted in an appropriate planting season, but no later than December 1, 2011. d. Be inspected by the Urban Forester and City Planning staff for compliance with this condition. e. Be a minimum of V caliper at the time of planting. Board Member Hoffman seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. September 12,2011 Board of Adjustment 08-01-11 minutes Agenda Item 1 Page 5 of 6 Board of Adjustment Meeting August 1, 2011 Page 6 of 6 BOA 11-3895 (434 W. Holly St.fMillwee, 406): Submitted by Grace Millwee for property located at 434 WEST HOLLY STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.19 acre. The request is for a variance from setback requirements to allow for the reconstruction of a garage. Dara Sanders, Current Planner, gave the staff report. Grace Milwee, applicant, gave the background for the request discussing the previous garage footprint. No public comment was presented. Motion: Board Member Kohler made a motion to approve the request as proposed by the applicant, discussing that the applicant inherited an unforeseen situation with the building being constructed in the building setback. Board Member Hoffman seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. There being no further business, the meeting was adjourned at 5:07 PM. September 12,2011 Board of Adjustment 08-01-11 minutes Agenda Item 1 Page 6 of 6 aye le ARKANSAS BOA Meeting of September 12, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: September 6, 2011 BOA 11-3924 (1417 W. Martin Luther King Blvd./E-Z Mart, 521): Submitted by Alan Reid & Associates for property located at 1417 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.98 acre. The request is for a variance from the front building setback requirements to permit a building expansion. Planner: Jesse Fulcher BACKGROUND: Property: The subject property is located at 1417 W. Martin Luther King Boulevard and is zoned C-2, Thoroughfare Commercial. The site is developed with an EZ Mart convenience store and gas station canopy that were constructed in 1986. The property is bordered on the east by State Highway 112 (Razorback Road) and the north by State Highway 62 (Martin Luther King Boulevard). Development records indicate that the store and canopy were constructed well outside of the building setbacks for the C-2 zoning district in 1986. However, since that time, the Arkansas State Highway and Transportation Department (AHTD) has acquired approximately 24' of additional right-of-way from EZ Mart for road improvements along Razorback Road. The surrounding land uses and zoning are shown in Table 1. Table 1: Surrounding Land Use and Zoning Direction from Land Use Zoning Site North Commerical C-2, Thoroughfare Commercial South Industrial I-1, Light Industrial/Heavy Commercial East Commercial C-2, Thoroughfare Commercial West Commercial C-2, Thoroughfare Commercial Request: A survey of the property has revealed an approximately 6-inch building encroachment into the front setback along Razorback Road. The applicant is requesting approval of a variance to allow a 49' front building setback from Razorback Road to bring the existing building into compliance and to allow for a planned renovation and expansion. September 12,2011 Board of Adjustment G:IETCIDevelopmenl Services Rerteu,12011IDevelopmenl RevleMJO-3924 BOA 1714 MLKIBOA109-12-1I(Comments&RedfgMl1-3924 E-Z Mart Agenda Item 2 Page 1 of 10 Public Comment: Staff has not received public comment for this variance request. RECOMMENDATION: Based on the findings herein staff recommends approval of the requested front setback variance. 1. Other than the requested variance, development on the property shall comply with all development regulations of the underlying zoning district on the property. BOARD OF ADJUSTMENT ACTION: O Approved O Denied Cl Tabled Date: September'12,2011 t Motion: Second: Vote: FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION: City Neighborhood Area 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 and circumstances exist which are peculiar to this particular property. The small building encroachment in the front building setback was caused when AHTD acquired additional right- of-way for street improvements to Razorback Road. While right-of- way acquisition is common along state highways, the resulting setback violation is unique to this particular property and building. 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 the zoning code will deprive the applicant of September 12,2011 G:IETCIDevelopmenl Services Review1201I Development Reviewl l l-392BOA 1417MLK(E'ZMart)I BOA 109-12- Board of Adjustment 20111Comments and Redlines BOA11-3924 E-Z Mart Agenda Item 2 Page 2 of 10 rights commonly enjoyed by properties with similar characteristics. As a nonconforming structure, the property owner is restricted to improving the existing structure by only 10% of the current replacement cost of the structure. This will not allow the applicant to complete the planned renovations and building expansion on the south side of the structure. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: As noted herein, the convenience store was constructed in conformance with the C-2 zoning regulations. The building setback infraction was caused when the state acquired additional right-of-way necessary to improve Hwy 112 (Razorback Road). 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 building setback variance will allow the owner to alter the existing structures that were legally constructed, and will not confer any special privileges. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: Existing nonconformities were not considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday, September 12, 2011. 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 September 12,2011 G.:IETCIDevelopnenf Services Revfew110111Development Reviewlll-3918011 1417 MLK(E7Marlfl 80,1109-11- Board of Adjustment 201IICmnmenls and Redlines BOA11-3924 E-Z Mart Agenda Item 2 Page 3 of 10 minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: The building setback variance is the minimum variance necessary. 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 building setback variance will allow the applicant to alter and expand the existing structure in conformance with the C-2 development regulations, which would have been allowed without a variance if the state had not acquired right-of-way and created the setback encroachment. 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 of approval. 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 September 12,2011 G:IE7'ClDeoefopment Services Review120111Developmen!Reviewlll-392BOA 1417MLK(EZMmT)IBOAW9-12- Board of Adjustment 20111Comments and Redlines BOA11-3924 E-Z Mart Agenda Item 2 Page 4 of 10 . Alan Reid & ASSOCIATES PROFESSIONAL LAND SURVEYORS BOUNDARY TOPO SPS August 8,2011 City of Fayetteville Board of Adjustments Fayetteville,Arkansas 72701 Dear Chairman, On behalf of my client,JEY Investments,LTD,I am petitioning the Board of Adjustments for a variance in the building setback area along Razorback Road just South of Martin Luther King Boulevard. As part of a planned building renovation/addition,I performed a boundary and topographic survey of the E-Z Mart Store at the Southwest corner of MILK Blvd. & Razorback Road.The survey revealed that a portion of the building(four square feet in the Southeast comer)was encroaching into the fifty foot wide building setback along Razorback Road.My client was notified by City Planning that a variance would have to be granted before he could continue with the construction. Special Conditions and Circumstances: Over the years,the Arkansas Highway& Transportation Department has made it a practice to acquire additional right-of-way along Razorback to accommodate the increase in vehicular traffic. As a result,the last acquisition put the new right-of-way line in such a position that the new setback line encroached approximately six inches into the comer of the existing building. My client, nor anyone else, was aware of this until my survey had been completed. My client's plan is to construct a new restroom and cooler area.Neither of these additions will be placed on the street side nor do they encroach into any setback and/or utility easements. My client asks this board to grant the variance needed to allow him to continue to update his business and correct the violation of the setback requirement. R pectfully, t( i,--Q Reid Professional Land Surveyor 1'16 S. College Aven-,u Fayetteville,Arkansas 72701 479 444 8784 1 888 549 0784 Fax 479 444 0964 September 12,2011 Board of Adjustment BOA11-3924 E-Z Mart Agenda Item 2 Page 5 of 10 ,rte I i 4 e � a p + W I R � -'• O • N � a 0 •a 4 1 4 O uG.'. 0� _ • ..r' A l i � 7 4 t0 A . a i y ► � p o I y >. 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Az�sgyon � ^ke�:q s"s�.„gR 2"oz"�m j "s"" Alan Reid EZ—MART °DATE "s” BY / \ • RAZORBACK & MARTIN LUTHER KING BL UO. 12,2011 TOPOGRAPHIC SURVEY justment 51$L BOA11-3924 E-Z Mart Agenda Item 2 Page 7 of 10 y e F o� 2 v I 3"-i cQ j TDV W . gyve September 12,2011 Board of Adjustment BOA11-3924 E-Z Mart Agenda Item 2 Page 8 of 10 BOA11-3924 E-Z MART Close Up View NEPTUNE ST Fp, PUBLIC 54R MITCHELL ST VENUS ST yy i SUBJECT PROPERTY 3 FARMINGTON n.�� "•"��•�1NDIAN TAL •, ........6............ .......... ���.....�� ...... .......... ...... 'Cl R-0 OFFICE DR to � 0 RMF-24 STORAGE DR Z ut WAREHOUSE DR Legend RPZD ........... Multi-Use Trail (;existing) OP Future Trails CPM PeeMat0lty of Fayetteville BOA11-3924 - Hillside-Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di trict 0 125 250 500 750 1,000 ------ Planning Area Fee September 12,2011 BOA11-3924 E-Z Mart Agenda Item 2 Page 9 of 10 BOA11-3924 E-Z MART One Mile View 0. LORENCIRQ% Ike W4 - u '• 98F{ E�� I• ELL RD I ram v MARHkAM ROS y\ ALLE`f72g1 r gICKBO- -•�i� W DR M 1 SUBJECT PROPERTY � . • J Osp P4 u 'y' '� R-7 CARI:B�j DR R '1 q, +FI LIti37.. xM1' Rc FARMIN - .PID d - n OFFICE OR - w 3 a ,,,,IQ Ft } •' 39t', flnq rd Q RPmW 1- LS I.1 1n q I I uwt AUBWC 1230 �rQ Aid '� ; P �'A T 8 B ' RSd Fd _ E7rieAE - ? ..._....... it { ng) - _ r�Fr� I _ NAPg 111�4 C�HhFyCO1ERyT,1�' ra/ O1 mpt yQ I-1 I.t pyl��l,fi� �^Ry ReF 1 Overview Legend Bp 11-3924 Subject Property r----. MBOA11-3926 Desi in Overlay District r ' ' Plan in Boundary It ...� 9 Area Fay tteville - 0 0.25 0.5 11 Miles I;entpmhpr 1? 11 Board of Adjustment BOA11-3924 E-Z Mart Agenda Item 2 Page 10 of 10 Tayet �vl ARKANSAS BOA Meeting of September 12, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: August 31, 2011 BOA 11-3925 (6687 W. Wedington Dr./Trucks-N-Trailers, 435): Submitted by Alan Reid & Associates for property located at 6687 WEST WEDINGTON DRIVE. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 2.00 acres. The request is for a variance of the bulk and area requirements to permit a property line adjustment. Planner: Andrew Garner BACKGROUND: Property: The subject property contains 2.00 acres and is addressed at 6687 and 6665 Wedington (the southwest corner of Wedington Drive and Blue Jay Lane). The property is zoned Residential Agricultural (R-A). This property was annexed into the City of Fayetteville by general election in 2006. There is an existing single family home located property at 6687 Wedington that was constructed in 1979 according to Washington County parcel records. This house and yard are surrounded by a privacy fence. There is a business and associated accessory structure on the eastern half of the property. The business (Trucks-N-Trailers of Northwest Arkansas) is accessed off of a separate driveway from the house. This business is also located on the adjacent parcel to the east where there is another building, driveway, and equipment yard addressed at 6635 Wedington Drive. The surrounding land uses and zoning are shown in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Undeveloped RSF-1, Residential Single Family 1 unit per acre South Single family R-A, Residential Agricultural residential East Trucks and Trailer R-A, Residential Agricultural business West Rural residential R-A, Residential Agricultural September 12,2011 G:IETCIDevelopment Services Reviewl20110evelopment Reviewlll-3925 BOA 6687 W. Wedinglon Dr(Trucks-N-1130&rd efAdjustment NWA)101 Board ofAdjust nentl09-72-20111Comrnents and Redlines BOA11-3925 Trucks-n-Trailers Agenda Item 3 Page 1 of 14 Request: The applicant requests Board of Adjustment approval of a variance from the lot area and side setback requirements to allow for a property line adjustment to create a smaller parcel around the residence at 6687 Wedington Drive, separating the residence from the business adjacent to the east. The existing house is located within the front building setbacks and variances are required to bring the existing house into compliance. The variance requests are listed below in Table 2. Table 2 Variance Request Variance Issue Ordinance Requirement I Applicant's Request Lot area 2 acres 0.5-acre 1.5-acre variance Side setback 20 feet 7 feet 13-foot variance Front setback (Wedington) 35 feet 30 feet(5-foot variance Front setback (Blue Jay) 35 feet 19 feet 16-foot variance Public Comment: Staff has not received public comment. RECOMMENDATION: Front Building Setback Staff recommends approval of front building setback variances to bring the existing home at 6687 Wedington into compliance. Lot Area and Side Setback Based on the findings included herein, staff recommends denial of the lot area and side setback variances that would occur because of the proposed property line adjustment. Conditions of Approval Should the Board of Adjustment recommend approval of the variances staff would recommend the following standard conditions of approval: 1. Other than the requested variances development on the property shall comply with all development regulations of the underlying zoning district on the property. 2. A building permit shall be obtained prior to commencement of any construction. BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied [I Tabled Date: September 12, 2011 Motion: Second: Vote: September 12,2011 G:IETCIDevelopment Services Rewew120110evelopmeni Reviewlll-3925 BOA 0687 W. Wedinglon Dr(Trmcks-N-75AWAQAdiustment NWA)101 Board ofAdjasimen1109-12-20111Commeiiis and Redlines BOA11-3925 Trucks-n-Trailers Agenda Item 3 Page 2 of 14 FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION: Residential Area 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. 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 residence was constructed in 1979 when the property was in the county and not subject to city zoning. Staff finds that the preexisting nature of the encroachment into the front building setbacks constitutes a special circumstance peculiar to the building involved. However, staff finds the proposed Lot A around the house and yard could be rezoned to a residential zoning. A property line adjustment could then be completed that complies with the zoning code. The fact that the applicant chose to ask for variances rather than a rezoning does not constitute a hardship. 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 teens of the zoning regulations. Finding: It is a reasonable expectation for this property owner to complete a property line adjustment and separate the residence and business that are on one parcel. However, the applicant has a feasible option to rezone the residential property to be consistent with the proposed lot size. Staff's opinion is that the applicant should first try to rezone the property to comply with the zoning code, prior to requesting variances. Should this variance be denied the applicant may request a rezoning to a single family zoning district and then complete a property line adjustment in conformance with the zoning code. September 12,2011 G:I ETCI Development Services Review120110evelopmonl Review177-3925 BOA 6687 W. Wedinglon Dr Mucks-N-7poaW of Adjustment NWA)I01 Boartl ofAdjustmen609-12-2011ICo,nments and Redlines BOA11-3925 Trucks-n-Trailers Agenda Item 3 Page 3 of 14 The front setback variances would bring the existing home into compliance. This is a commonly enjoyed right by others within the same zoning district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The front building setback variances for the existing structure are not the result of actions of the applicant as the structure was constructed in 1979 prior to the property being subject to the City's zoning code. The variance requests for lot area and side setback are a result of the applicant proposing a property line adjustment that does not meet the current zoning requirements. 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 front setback variances to bring the existing structure into compliance will not confer special privileges as the structure was built before current zoning requirements. Granting the requested lot area and side setback variances for the proposed Lot A would be a special privilege as other property within the R-A zoning district has to comply with a two-acre minimum and a 20-foot side setback. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: Existing nonconformities were not considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday, September 12, 2011. September 12,2011 G:IETCIDevelopment Services Review1201 hDevelopmenl Revierv111-3925 BOA 6687 W. Wedinglon Dr(Trucks-N-TBddrd of Adjustment NWA)101 Board ofAdjustmen1109-12-20111Convmenls and Redlines BOA11-3925 Trucks-n-Trailers Agenda Item 3 Page 4 of 14 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: As discussed in the findings throughout this staff report the reasons in the application do not justify granting the lot area and side setback variances. Approval of a rezoning application would eliminate the need for a variance; therefore staff finds that the request is not necessary to make possible the reasonable use of the land, building, or structures. The reasons in the application justify granting the front setback variances to bring the existing home into compliance. 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 front setback variances to bring the existing structure into compliance will be in harmony with the general purpose and intent of zoning regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Granting the lot area and side setback variances would not be in harmony with the General Purpose and Intent of the zoning regulations. The R-A zoning district is intended for rural and agricultural uses at a residential density of one home per two acres and large building setbacks. The proposed lot (approximately 0.56- acre) is more in line with the intent of the RSF-2 zoning district that has half-acre minimum lots. A variance is typically defined as a slight relaxation of the rules to accommodate a hardship. The proposed Lot A would be a major shift from the R-A zoning rules as the lot would be only 28% the size of the minimum R-A lot. 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 listed on page two of this report. September 12,2011 G:I ETQDerelopmenl Semites ReviewQ0111Developmenl Review)ll-3925 BOA 6657 W. Wedington Dr("bucks-N-7Bti&d of Adjustment NWA)I0l Board of At jttsttnen1109-12-201 PCormnertts and Redlines BOA11-3925 Trucks-n-Trailers Agenda Item 3 Page 5 of 14 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: Not applicable, the variances are related to the bulk and area requirements of the lot, not the use. September 12,2011 C:IETCIDeceloprnenl Services Review120111Development Rei iew111-3925 BOA 6687 W. Wedington Dr(Trucks-N-T$0Mid&4Adjustment NWA)101 Board ofAdjustment109-12-201lIComnrents and Redlines BOA11-3925 Trucks-n-Trailers Agenda Item 3 Page 6 of 14 161.03 District R-A, Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness;and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation,large sites Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District,provided,however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965,App.A.,An.5(1);Ord.No. 1747,6-29-70;Code 1991,§160.030;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8- 31-99;Ord.5028,6-19-07;Ord,5128,4-15-08;Ord.5195, 11-6-08;Ord.5238,5-5-09) September 12,2011 C:I RTCIDevelopnent Services Reviervl20111Development Reviewlll-3925 BOA 6687 W. 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