HomeMy WebLinkAbout2004-03-01 - Agendas 22504 BOA 2/25/04 10 ge 1 22504 BOA W.5
CIW OF FAYETTEVILLE
AGENDA NOTICE
BOARD OF ADJUSTMENT
Monday,Ms.,1,2004,3:45 p.m.
City Administration Building,Room 326
113 West Mountain
Faseemerville,Arkansas
PUBLIC MEETING-OPEN TO ALL
The following items will be considerech
Approval of minutes from Me meeting of February 2,200C
New Business:
1�VAR 04-04.00:Variance[Jactirway,an,5231 was submitted by
Dave Jorgensen of Jorgensen&Associates on behalf of Jill Jacoway for prop"located between Black
Avenue and Ead Street at Archibald Yell Blvd. �The property is zoned R-O, Residential Office and
contains approximately 0.26 acres The requirement is a 30'setback on Archbald Yell Blvd.The request
is for a 1 5'setback(a 15'varial Banner:Suzanne Morgan
2.VAR 04-6.00:Variance(Magness,pp was submitted by Kay B.Magreace;for property in
the Nonh-of Lot 3 Block 1,Drakes Replat,Edgewood Addition(l St.). The requinernent*a for a
70'lot width. The request is for 64.5'lot width(a 5.5'vai Rarner:Jeremy Pate
A] interested partes may appear and be heard at the public hearings. A copy of the proposed
amendments and other perflnent data is open and available for inspection in the Office of City Planning
(575-8267),125 West Mountain Street,Fayetteville,Arkansas. At interested pal Red t
the petition..
Infermeters or TDD for real impaired are available for all public mestings. 72 hour notice is required.
For further inforenation or to request an interpreter please sell 575-8330.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telepho2e:479-575-8267
AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment will be held Monday, March 1, 2004, at
3:45 p.m. in Room 326 of the City Administration Building, 113 West Mountain,
Fayetteville, AF, 72701.
Roll Call
The following items will be considered:
Approval of the minutes from the February 2, 2004 meeting.
New Business:
1. VAR 04-04.00: Variance (Jacoway, pp 523)was submitted by Dave Jorgensen
of Jorgensen &Associates on behalf of Jill Jacoway for property located between
Block Avenue and East Street at Archibald Yell Blvd. The property is zoned R-
0, Residential Office and contains approximately 0.26 acres. The requirement is
a 30' setback on Archibald Yell Blvd. The request is for a 15' setback(a 15'
variance.) Planner: Suzanne Morgan
2. VAR 04-6.00: Variance (Magness, pp 445)was submitted by Kay B. Magness
for property in the North V2 of Lot 3 Block 1, Drakes Replat, Edgewood Addition
(Louise St.). The requirement is for a 70' lot width. The request is for 64.5' lot
width (a 5.5' variance.) Planner: Jeremy Pate
All interested parties may appear and be heard at the public hearings. A copy of the
proposed amendments and other pertinent data is open and available for inspection in the
Office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas.
All interested parties are invited to review the petitions.
hiterpreters or TDD for hearing impaired are available for all public meetings. 72 hour
notice is required. For further information or to request an interpreter, please call 575-
8330.
ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions & Answer with Board
F. Action of the Board of Adjustment(Discussion& Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Adjustment on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Board
members the opportunity to speak and before a final vote is taken. Public comment will
only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Board of Adjustment.
2003 Board of Adjustment Members
Sherrie Alt
Michael Andrews
Michael Green (Chairman)
Robert Kohler
James Kunzelmarm
Bob Nickle
Joanne Olzewski
FAYETTEVILLE BOA Meeting of March 0 1, 2004
TFIE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn T. Warrick, AlCP, Zoning &Development Administrator
DATE: February 25, 2004
VAR 04-04.00: Variance (Jacoway,pp 523) was submitted by Dave Jorgensen of Jorgensen&
Associates on behalf of Jill Jacoway for property located between Block Avenue and East Street
at Archibald Yell Blvd. The property is zoned R-0, Residential Office and contains
approximately 0.26 acres. The requirement is a 30' setback on Archibald Yell Blvd. The request
is for a 15' setback(a 15' variance.)Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested front setback variance as shown on the
approved lot split plat with the following condition(s):
1. All conditions of the lot split approval shall apply.
2. Existing structure shall be removed.
3. Access shall be prohibited to Archibald Yell Boulevard.
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BACKGROUND:
Property description:
The subject property is zoned R-0,Residential Office and is located between East Ave and
Block Ave, north of Archibald Yell Boulevard. Existing structures on the property shall be
removed.
K.�ReportsUO04100AReportsIO3-01-041V,4R04-04.00 Fred Patrick Jacoway.doc March 01,2004
Board of Adjustment
VAR 04-04.00(Jacoway)
Page 1.1
The applicant applied for two property line adjustments and a lot split on December 4,2003. The
property line adjustments were approved,creating lots that met frontage and area requirements in
the R-0 district. At the Technical Plat meeting on December 17, 2003, staff informed the
applicant that the requested lot split would create a lot (tract 3)which would have minimal
building area(approximately 600 sJ) due to the required setbacks. The applicant chose to apply
for a 15' setback along Archibald Yell Blvd, a 15' variance,to increase the available building
area. On February 12, 2004,the Subdivision Committee heard the request to split the existing
0.30 acre property into two tracts of approximately 0.14 and 0.16 acres. It was approved with the
condition that the lot split could not be filed prior to approval of a variance for the front setback
along Archibald Yell Blvd.
ProTostd: The applicant proposes to construct single family dwellings on the 0.14 and 0.16 acre
tracts should a variance for a 15' front setback along Archibald Yell Blvd. be approved in order
to provide sufficient building area on the 0.14 acre tract.
Request: The request is for a 15' front setback within a Residential Office district, a variance of
Ordinance Requirement Applicant's Request
Front setback (south) 30' 15' (a 15' variance)
Recommendation: Staff recommends approval of the proposed variance. The existing 0.30 acre
lot is unusually shaped with usable building area located on Tract 4 due to a 30' front setback
along Block Ave. and Archibald Yell Blvd, and a 15' side setback to the north. The proposed
Tract 3 shall access Block Avenue only.
Surrounding Land Use/Zoning:
Direction Land Use Zoning
North Residential single family R-0, Residential Office
South Single family and Commercial R-0, Residential Office
East Commercial R-0, Residential Office
West Duplex and single family R-0, Residential Office
GENERAL PLAN DESIGNATION Mixed Use
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
KlReports12004WOA Reports103-01-041VAR 04-04.00 Fred Patrick Jacowaydoc March 01,2004
Board of Adjustment
VAR 04-04.00(Jacoway)
Page 1.2
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 configuration of the existing lot presents circumstances unique to this
property. The exiting tract has access along Block Avenue and extends east
and north to a portion of East Avenue that has been dedicated but not
constructed. The setback regulations provide an insufficient building
envelope for the western half of the lot(proposed Tract 3).
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would not permit adequate
building area on the proposed lot with the required setbacks.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The requested side setback variance is the result of the applicant's desire to
split the existing lot and construct a single family home on the proposed
Tract 3. An approved lot split is contingent upon Board of Adjustment
action.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165,to
other lands, structures, or buildings in the same district.
Finding: Granting the requested variances will not confer special privileges. The
proposed lot widths and areas meet the requirements for single family use in
a Residential zone.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or nonconforming use of lands,
structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
Finding: No nonconformities were considered as a basis of the findings stated in this
staff report.
§ 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
K.IRcvortsU004WOA Reportsll)3-01-04WAR04-04.00 Fred Patrick Jacoivay.doc March 01,2004
Board of Adjustment
VAR 04-04.00(Jacoway)
Page 1.3
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,March 01,2004.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will
make possible the reasonable use of the land, building, or structure.
(L) Harmony with General Purpose. The Board of Adjustment shall further make a
finding that the granting of the variance will be in harmony with the general
purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Finding: The current setbacks will not accommodate a single family residence on the
proposed lot. Reducing the setback along Archibald Yell Blvd will allow
adequate area to construct a home comparable in size to those on the
surrounding properties. The property is currently vacant and the addition
of a single family residence will increase the available residential housing in
the downtown area.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
Finding: Reasons set forth in the application justify granting the requested variances
(please see attached).
b. Conditions and Safeguards. In granting any variance,the Board of Adjustment
may prescribe appropriate conditions and safeguards in conformity with the
zoning regulations.
Finding: Staff has recommended conditions for this request which are stated on page
one of this report.
C. No Variance Allowed. Under no circumstances shall the Board of Adjustment
grant a variance to allow a use not permissible under Zoning in the district
involved, or any use expressly or by implication prohibited by the terms of the
zoning regulations in said district.
K.'1RcuortA2004WOA RepartvI03-01-041VAR04-04.00 Fred Patrick Jacoway.doc, March 01,2004
Board of Adjustment
VAR 04-04.00(Jacoway)
Page 1.4
Finding: The R-0 zoning district permits single family use on a lot with minimum
6,000 square feet and 60 feet of frontage.
161.15 District R-O,Residential Office (2) Lot area minimum.
(A) Purpose. The Residential-Office District is Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq.ft.
designed primarily to provide area for offices park
without limitation to the nature or size of the Townhouses:
office, together with community facilities, Development 10,000 sq.ft.
restaurants and compatible residential uses. Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 6,500 sq.ft.
(13) Uses. Three or more 8 000 sq.ft.
JLE[2Le�Sorority I'acre
(3) Land area per dwelling unit.
(1) Permitted uses.
Manufactured home 3,000 sq.ft,
Unit 1 City-wide uses by right Townhouses&apartments:
Unit 5 Government facilities No bedroom 1,000 sq.ft.
Unit 8 Single-family dwellings One bedroom 1,000 sq.ft.
Two or more 1,200 sq.ft.
Unit 9 Two-family dwellings bedrooms
Unit 11 Manufactured home park _FTternLW Sorority 500 sg.ft.per resident
Unit 12 Offices,studios and related services
Unit 25 Professional offices (D) Density.
(2) Conditional uses. FF—Units—per acre 4 to 24
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 13 Eating places
Unit 24 Home occupabons (E) Sethack regulations.
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities Front 30 ft.
Front,if parking is allowed between the right- 50 ft.
(C) Bulk and area regulations. of-way and the building
Side 10 ft.
Side,when contiguous to a residentiall district 15 ft.
(Per dwelling unit for residential structures) Rear,without easement or alley 25 ft.
(1) Lot width minimum. Rear,from center line of public alley 10 ft.
Manufactured home park 100 ft. (F) Height regulations. There shall be no
Lot within a manufactured home 50 ft. maximum height limits in R-O Districts,provided,
park
Single-family 60 ft. however, that any building which exceeds the
Two-family 60 ft. height of 20 feet shall be set back with any
Three or more 90 ft. boundary line of any RSF or RMF District an
additional distance of one foot for each foot of
height in excess of 20 feet.
(G) Building area. On any lot,the area occupied
by all buildings shall not exceed 60%of the total
area of such lot.
K.LReporls12004180A ReooraI03-01-041VAR 04-04.00 FredPatrick Jacoivaydoc March 01,2004
Board of Adjustment
VAR 04-04.00(Jacoway)
Page 1.5
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS 0
SURVEYORS
124 WEST SUNBRIDGE,SUITE 5 0 FAYETTEVILLE,ARKANS.AS 72703 - (479)442-9127 - FAX(479)582-4807
DAVID L.JORGENSEN,RE,P.L.S.
CHRISTOPHER B.BRACKETT,P.E.
1/20/04
City of Fayetteville
113 W. Mountain Street
Fayetteville,AR 72701
A`I'I': Planning Department
Re: Jacoway Lot Split and Variance
On behalf of the owner of the property, we are requesting a lot split of their property that
would divide the property into a 6223 SF tract and a 6954 SF tract. However, the owner
is also requesting a variance of the building setback.The property is zoned R-0 and
therefore the setback is 30'. 'llie reason for the variance request is to enable the owner to
construct a house on each lot. The variance is only requested along Archibald Yell Blvd.
and not along Block Ave. or East Ave. If the variance is approved then the houses will be
built with access from Block Ave and East Ave.No access will be allowed form
Archibald Yell.
The distance from the existing curb and gutter to the 15' setback would be 46' on
Archibald Yell.
In our opinion,this does not affect the health,safety,and welfare of the public.
In addition,the reason for the lot split is to create a lot that can be built on(with the
setback variance).
Please review and call concerning any questionsyou may have.
Thank you.
Sincerely;
David L. Jo�ensen, PE
"Mfirch 01,2004
'-Iaoa�r"d 161'Adjustment
VAR 04-04.00(Jacoway)
Page 1.6
STRUCTURAL DESIGN I LAND DEVELOPMENT WATER SYSTEMS WASTEWATER SYSTEMS *LAND SURVE YING
LSP 04-03.10
Page I
FA"111-27TTEVILLE SC Meeting of February 12, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
113W. Mountain St
Fayetteville,AR 72701
Telephone:501-575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Subdivision Committee Members
FROM: Suzanne Morgan,Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick,A.I.C.P., Zoning&Development Administrator
DATE: February 10, 2004
LSP 04-03.10: Lot Split(Fred Patrick/Jacoway,pp 523)was submitted by Jorgensen&
Associates on behalf of Fred Patrick representirig the property owner for property located east of
Block Avenue and north of Archibald Yell Blvd. The property is zoned R-0, Residential Office
and contains approximately 0.30 acres. The request is to split the lot into two tracts containing
approximately 0.14 acres and 0.16 acres. Planner: Suzanne Morgan
Findings:
Proposal: The applicant requests to split the existing 0.30 acre property into two tracts of
approximately 0.14 and 0.16 acres. The subject property is zoned R-0, Residential Office and is
located between East Ave and Block Ave, north of Archibald Yell Boulevard. Existing
structures on the property shall be removed.
The applicant applied for two property line adjustments and a lot split on December 4, 2003. The
property line adjustments were approved, creating lots that met frontage and area requirements in
the R-0 district. At the Technical Plat meeting on December 17,2003, staff informed the
applicant that the requested lot split would create a lot(tract 3)which would have minimal
building area(approximately 600 s.f)due to the required 30' front setback on Archibald Yell
Blvd. The applicant has applied for a 15' setback along Archibald Yell Blvd,a 15' variance,to
increase the available building area. This item will be heard by the Board of Adjustment on
March 1, 2004.
Existing Development- The existing home shall be removed.
Surr unding Zon'
Direction Land U-;e- Zoning
North Parking lot C-3, Central Commercial
Single family resid ntial R-0, Residential Office
South Single family and commercial k-O, Residential Office
buildings
East Commercial, duplexes, parking R-0, Residential Office
West Single family and duplex units R-0, Residential Office
Commercial businesses
K.�REPOR7SI2004tSCREPORZY02-12-041[SP 04-03.10FRED PAMICK-JACOWAYDOC March 01,2004
Board of Adjustment
VAR 04-04.00(Jacoway)
Page 1.7
LSP04-03.10
Page 2
Right-of-way being dedicate& An additional 5' of right-of-way along Archibald Yell Blvd for a
total of 55' from centerline.
Recommendation: Staff recommends approval at the Subdivision Committee level with the
following conditions:
Conditions of Approval:
1. The requested 15' variance on Archibald Yell Boulevard shall be approved prior to filing
lot split.
2. Dedication of right-of-way for Archibald Yell Boulevard(Hwy 71 B) for a total of 55'
from centerline by warranty deed.
3. Plat shall indicate all applicable setback requirements for the Residential Office zoning
district to include side setback when contiguous to a residential district.
4. Building permits shall be obtained through the approved City permitting process.
$55IF
5. Parks fees in the amount of$1,4 4 0 for=additional single-family lots to be paid prior to
issuance of building permit.
Standard Conditions of Approval:
6. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives -AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
Additional conditions:
a.
b.
C.
Subdivision Committee Action: N Approval 0 Forwarded to P.C.
Meeting Date: February 12, 2004 CG6/A-Ven-1- -5-o
Comments: A s�a.Lm_ W=L ouJs 4p\oe aAAS 4, �,"� gax."_ 6etw r,
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
K-L7EPOR7SI20041SCAEPOR7SI02-12-0411SP 04-03.10 FPED pA 7R[cK_jAC0WA YDOC March 01,2004
Board of Adjustment
VAR 04-04.00(Jacoway)
Page 1.8
PARKS AND RECREATION
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone: 479-444-3469
TO: Suzanne Morgan, Associate Planner
FROM: Alison Brady,Park Planner
DATE: February 9, 2004
SUBJECT: Subdivision Committee Comments
Meeting Date: February 12, 2004
Item: LSP 04-03.10 Fred Partick/Jacoway, pp 523
Park District: Sw
Zoned: R-0
Billing Name&Address:
Land Dedication Requirement Money in Lieu
Single Family _@ .024 acre per unit= acres $555 per unit=$
MultiFamily _@ .017 acre per unit=—acres $393 per unit= $
Mobile Home _@ .024 acre per unit=—acres $555 per unit=$
Lot Split $555 per unit=$1,110
COMMENTS:
Parks fees are assessed in the amount of$1,110 for two additional single-family lots.
Fees are due prior to issuance of a building permit and will be adjusted according to
proposed development.
Each additional housing unit that is constructed in Fayetteville places an increased
demand on the Parks and Recreation System. The money collected as part of this lot split
will be used to fund future park acquisitions and improvements for this park district.
• This fee is based upon the present park land formula in accordance with U.D.O. 166.03K.
Also, Ordinance 4068 requires the formula base to be updated every two years to the
current average market price. Therefore,the actual park land fee will be determined on
the date of the Subdivision Meeting gpproval unless it must be approved at the Planning
Commission level.
• Please list contact information of developer.
March 01,2004
Board of Adjustment
VAR 04-04.00(Jacoway)
LSP 04-3.00 Page 1.9
Subdivision Committee
February 12, 2004
Page 10
LSP 04-03.10: Lot Split (Fred Patrick/Jacoway, pp 523) was submitted by Jorgensen
& Associates on behalf of Fred Patrick representing the property owner for property
located east of Block Avenue and north of Archibald Yell Blvd. The property is zoned R-
0, Residential Office and contains approximately 0.30 acres. The request is to split the
lot into two tracts containing approximately 0.14 acres and 0.16 acres.
Bunch: The next item is also a Lot Split, LSP 04-3.10 for Fred Patrick for property
on Archibald Yell Blvd. and Block Avenue. Suzanne?
Morgan: Yes, this applicant is requesting to split the existing .30 acre property into
two tracts of.14 and .16 acres resulting in tracts three and four as shown
on your plat. This property is zoned R-0 and it is located between East
Avenue and Block Avenue just north of Archibald Yell Blvd. The
existing building on the property will be removed. The applicant has
applied for two property line adjustments as well as this Lot Split on
December 4"'. The property line adjustments were approved creating lots
that met frontage and area requirements in the Residential Office district.
At the Technical Plat meeting on December 17'h staff informed the
applicant that the requested Lot Split would create a tract which would
have minimal building area, approximately 600 sq.ft. due to the required
front setback from Archibald Yell, which was 30' as well as the other
setbacks on this property. The applicant has applied for a 15' setback
along Archibald Yell, which is a 15' variance to increase the available
building area and this item will be heard by the Board of Adjustment on
March 1, 2004. Surrounding zoning for this property is mostly Residential
Office as well as Central Commercial, C-3. Right of way to be dedicated,
an additional 5' of right of way along Archibald Yell for a total of 55'
from centerline. Staff is recommending approval at the Subdivision
Committee level with six conditions. First, that the requested 15' variance
on Archibald Yell Blvd. shall be approved prior to filing of the Lot Split.
Second, the dedication for a total of 55' on Archibald Yell by Warranty
Deed. Third, that the plat shall indicate all applicable setback
requirements as well as building permits shall be obtained through the city
permitting process. Parks fees shall be applied for two additional single
family lots prior to the issuance of a building permit.
Bunch: Thank you. Are there any additional staff reports? Dave, would you
introduce yourself and tell us about your project please?
Jorgensen: My name is Dave Jorgensen and I'm here on behalf of Jill Jacoway
regarding this Lot Split. We are here to answer questions. As Suzanne
mentioned, we are requesting this Lot Split in addition to the Variance on
the setback and naturally we won't know the outcome of that until the
March I"meeting.
March 01,2004
Board of Adjustment
VAR 04-04.00(Jacoway)
Page 1.10
Subdivision Committee
February 12, 2004
Page I I
Bunch: At this time we will take public comment. Is there anyone who would like
to address the issue of a Lot Split for Jacoway on Archibald Yell and
Block? Seeing none, I will bring it back to the Committee. Suzanne, if
the variance is not granted by the Board of Adjustments where are we?
Would the whole thing just drop off and have to be reapplied for a
separate time?
Warrick: We wouldn't be able to grant the Lot Split. It would not be possible to
meet the lot and area requirements for this to be two tracts of land if the
variance was not approved by the Board of Adjustment we would not file
the split documents. Mr. Chair, I do have one amendment to the
conditions. The parks fee should be calculated for one new lot. There is
one lot existing, they are splitting it to create two so we really are only
increasing the number of residential lots by one so it should be a$555 fee.
Bunch: Thank you. Are there any other questions, comments or motions?
Ostner: I guess I just wanted to ask a little bit about this variance that you are
going to go for with the Board of Adjustment. I understand that you are
giving up extra land for right of way to bring that to a 55' dedication and
then there would be a 30' building setback from that right of way line?
Jorgensen: That's correct.
Ostner: You are asking to vary that to a 15'?
Jorgensen: By the way the 15' is only along Archibald Yell, we still have a 30'
setback along Block Avenue.
Warrick: As far as the Lot Split is concerned,just to add a little bit of information,
they meet the minimum requirements for lot area, lot width and what we
need in order to create a lot in the zoning district. It would just create a lot
that has a very tiny building footprint allowance without any type of
variance being granted. With regard to meeting the minimum
requirements for zoning in order to create a lot in the district they meet
that. It is just a matter of whether or not they can get a structure
successfully sited on the property.
Bunch: Ok, thank you.
MOTION:
Ostner: I'm all in favor of people investing in downtown. I know it is difficult, it
is steep too and I understand that's part of the problem. I'm ok with this.
I was going to make a motion that we approve LSP 04-03.10 with all
March 01,2004
Board of Adjustment
VAR 04-04.00(Jacoway)
Page 1.11
Subdivision Committee
February 12, 2004
Page 12
conditions of approval changing condition number five to read parks fees
in the amount of$555.
Allen: I will second.
Bunch: 1 will concur. Thanks Dave.
March 01,2004
Board of Adjustment
VAR 04-04.00(Jacoway)
Page 1.12
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Oulside City VAR04-04.00
0 75 150 300 450 600 March 01,2004
Feet Board of Adjustment
VAR0404.00(&ae=—J
Page 1.14
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L City Limits Cciftclbr
March 01,2004
Outside City 40*, Hisib6cCoNeMr
Board of Adjustment
VAR 04-04.00(Jacoway)
0 0.1 0.2 0.4 0.6 0.8 Page 1.15
Miles
FAYETTEVILLE BOA Meeting of March 0 1, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jeremy Pate,Associate Planner
THRU: Dawn Warrick, AlCP,Zoning&Development Administrator
DATE: February 25, 2004
VAR 04-6.00: Variance(Magness,pp 445) was submitted by Kay B. Magness for property in
the North 1/2of Lot 3 Block 1,Drakes Replat, Edgewood Addition(Louise St.). The requirement
is for a 70' lot width. The request is for 64.5',lot width(a 5.5' variance.) Planner: Jeremy Pate
RECOMMENDATION:
Staff recommends approval of the requested 5.5-foot lot width variance as shown on the
attached site plan with the following condition(s):
1. The proposed development shall comply with all other development regulations for
a single-family home in the RSF-4 zoning district.
2. Only one(1)single family dwelling unit and customary accessory building may be
erected on the subject lot of record,Lot 3,Block 1,Drakes Replat,Edgewood
Addition.
3. A building permit shall be obtained for this project prior to commencement of any
work.
BACKGROUND:
Property description: The subject property is Lot 3, Block 1 of Englewood Addition, located on
Louise Avenue directly south of Wilson Park. The site is zoned RSF-4, and is surrounded by
RSF-4 Zoning with primarily single family homes and Wilson Park to the north. The lot was
platted prior to current zoning regulations which call for a minimum 70 feet of frontage for a
single family use. The site contains a total lot area of 8,3 85 square feet and meets all other bulk
and area requirements for a lot in the RSF-4 zoning district.
K.lReportsl2004lBOAReports�03-01-04iVAR04-6.00(Aftn�s).d� March 01,2004
Boardof Adjustment
VAR 04-06.00(Magness)
Page 2.1
Proposal: The applicant is requesting a 5.5' variance for a total 64.5' frontage for a single family
residential unit, rather than the 70 feet required by zoning regulations in the RSF-44 zoning
district. The purpose is to allow for construction of a single family residence on the lot. The
existing lot width was platted prior to current bulk and area zoning regulations.
Ordinance Requirement Applicant's Request
Lot width
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Wilson Park RSF-4, Single Family Res, 4 DU/Acre
South Vacant lot RSF-4, Single Family Res,4 DU/Acre
East Single family homes RSF-4, Single Family Res, 4 DU/Acre
West Vacant lot RSF-4, Single Family Res,4 DU/Acre
GENERAL PLAN DESIGNATION Residential
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same,district.
Finding: The subject property is owned as an individual lot with adjacent property
under common ownership. The lot was created prior to the adoption of
current zoning regulations,in 1907, and contains less frontage than that
required by the RSF-4 zoning district.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would not allow a single family
dwelling to be constructed on the existing lot. The applicant is requesting a
variance for minimum lot width for the development of a single family home
on the parcel in question.
3. Resulting Actions. That the special conditions and circumstances do not result
K-V?epons120041B0A Repor&W-01-041VAR 04-600(Aftnm).d�oc March 01,2004
Board of Adjustment
VAR 04-06.00(Magness)
Page 2.2
from the actions of the applicant.
Finding: The lot size is not the result of actions of the applicant. The lot was platted
with 64.51 of frontage prior to current zoning regulations and ownership by
the applicant.
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 lot width variance will not confer special privileges.
The use of the property for single family residential development as indicated
by the applicant is permitted by right within the RSF-4 zoning district. All
bulk and area regulations with the exception of lot width are to be
accommodated with the proposed dwelling.
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.
156.02 C. Consideration by the Board of Adjustment.
Bulk,and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of AdJ ustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,March 01,2004.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify
the granting of the variance,and that the variance is the minimum variance
that will make possible the reasonable use of the land,building, or
structure.
Finding: The requested lot width variance is the minimum variance necessary to
accommodate single family residential use.
b. Harmony with General Purpose. The Board of Adjustment shall further
K.-IRepor&L?004WOA Repor&103-01-041VAR 04-6.00(jWg�s).doc March 01,2004
Board of Adjustment
VAR 04-06.00(Magness)
Page 2.3
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 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.
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
one 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 proposed use is single family residential, a use permitted by right in the
RSF-4 zoning district.
K.Weports120041BOA ReportsI03-01-041VWR 04-6.00(Abgnas).doc March 01,2004
Board of Adjustment
VAR 04-06.00(Magness)
Page 2.4
161.07 District RSF4,Residential Single-
Family—Four Units Per Acre
(A) Purpose The RSF4 Residential District is
designed to permit and encourage the development
of low density detached dwellings in suitable
environments, as well as to protect existing
development of these types.
(B) Uses.
(1) Permitted uses.
C -*Ide uses by right
_f
111FU,Itl:��JSIngle-fa�.
(2) Conditional uses.
Unit 2 City-wide uses by conditio' nal use=peffmit
Unit 3_ Public protection and utili facilifies
Unit 4 Cultural and recreational fadlilies
c
Unit 9_ Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications faceilities
(C) Density.
I Single-family �,fa
dwellings Tdwweo in
Unitsperacre I 4orless; 7 or leE;]
(D) Bulk and area regulations.
Two-family
dwellings
M 80 ft.
Lot area minimum 8,000 sq.ft. 12,000 sq.ft.
Land area per 8,000 sq.ft. 6,000 sq.ft.
dwelliMEL_
(E) Setback requirements.
Front I Side Rear
11 25 ft. 1 8 ft. if 20 ft.,
(F) Height.None.
(G) Building area On any lot the area occupied
by all buildings shall not exceed 40%of the total
area of such lot.
K.,WeportsI2004180A ReporisI03-01-041VAR 04-6.00(Aftn-s).doc March 01,2004
Board of Adjustment
VAR 04-06.00(Magness)
Page 2.5
February 9, 2004
Chair of the Board of Adjustment
City of Fayetteville
RE: Request of Lot Variance
Englewood Addition
Dear Chair:
We ask the Board to grant us permission to proceed with construction of a single
family residence on Lot 3 of the enclosed plat. The Lots 3 and 4 are jointly
owned by us with Lo!3 having a 64.5 foot footage on Louise Street. These lots
were allocated prior to the current 70 foot regulation by first being drawn up in
1907.
Our desire is to remain consistent with properties in this development by
complying with existing architecture, preserving existing historic improvements
(rock wall Louise Street, outbuilding behind 605 Park Street), and minimizing any
tree removal. Granting the requested lot variance will in no way alter the existing
historic improvements of the addition and will only further preservation of the
historic importance of the community.
Sincerely,
Kay B. Magness
March 01,2004
Board of Adjustment
VAR 04-06.00(Magness)
Page 2.6
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Board of Adjustment
VAR 04-06.00(Magness)
In Page 2.7
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March 01,2004
Board of Adjustment
VAR 04-06.00(Magness)
Page 2.8
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3r8 March 01,2004
Board of Adjustment
VAR 04-06.00(Magness)
Page 2.9
VAR04-06.00 MAGNESS
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O�Id�C4
March 01,2004
Board of Adjustment
0 75 150 300 450 600 VAR 04-06.00(Magness)
Feet Page 2.10
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VAR04-06.00 Planning Area
Streets Coca Oveday District 4%*Pdri
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Outside City HirlorI March 01,2004
Board of Adjustment
0 . 0.1 0.2 0.4 0.6 0.8 VAR 04-06.00(Magness)
Miles Page 2.11