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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. gg� 2n�--'g �g �F EMU 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 cClintonil �A POM 0 11IM mw 1 544 �Iq VAR04-04.00 JACOWAY Close Up View mowT dL3 G-4 G4 in 1 ROCK S, i� ROCK ST ROC TT- if ROCK if M!, I if ii If C I !I I ibUBJEUTP C-2 I SN' If L IAO I L—E-- R-0 fill if if SO SOUTHgY� R Np 48 J J4 IRA UJA12 1 4TH ST Ji r 4TA ST 4TH ST L 17- M -24 Overview Legend --- &0000 —FLOODWAY aaaaaaa Pril Ma te Sm 6. ,a::Pla VaVea WorAfte I —1W YEAR 1-1 ma:terrs: Plan - - C�IledK 500 YEAR Fra�ay/Ex,xeKs�y *000 Hlskaif:Colle�r LIMIT OF STUDY Basel-Ine Pmfila City Limils 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 VAR oti-moo JACOWAY One Mile View 5Ft"Ij RSFIL4—� lqu iE ME ­ssF* �w va zni—m- 4 g F M RSF4 411 Ai TIN t It :77 F�O LWI 1 RM 4ZrAr4 F-1 R­0JI; I --V-i .;;;1. 1 n4 4 #_R P4 P-1 mi"T P-1 -TT p7,�- --QC CAN i6 !RW44 4 F-9 14 2 R'D IE1 IT R JAF-21 I: RSF4 FeF WAir 24 J! RMF- !Ni FEW 0, F I + .1-21 F` JAW' NP-i—F- 2VT 13 �-_MF-24 2 RMF-24 IR *4 F-24 C-1 U 1;l4 R-A I i­R_W-4 R�F-24 Zi 4 RW-�4—.---RMF-2 RSF4 Rsf,I Overview Legend Subject Property Boundary Master Street Plan LSP04-03.10 �-N�Planning Area Streets Overlay District An�ral 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 C-rJ61AAkW e AYE- Fla, -N, '3 7-1 C) 75.00 00 JUN l< 13 7 C� 75,0 CL S�Jve-lcl Flexmkj lg-fpw)'rl4�S+- I Ll if CC 1 --6 March 01,20OZ Board of Adjustment VAR 04-06.00(Magness) In Page 2.7 TOTAL P.06 SEP-24-2003 14:03 P�06 64% SH/ Shaf� UE DRAIEWAY dwe ----------- �E 00 0 —T6 T6— k7) 3Z8 W SB/ F- UE LoUmA�- March 01,2004 Board of Adjustment VAR 04-06.00(Magness) Page 2.8 379 194 14!------------- 32� -94 Zlo 7 T GARAGE IY4x2O'8 rl ih MASTER BDRM COVEPED 19 x 121 PORCH 92xvio is-rm 4-6 io 0 DINING T V4— 00 DRY 00 rJ HEN BEDROOM 94.= I'v 0 x 10,10 112 x W6 rio 4! :-3'4 74 44 V4 LIVING f4 BEDROOM W10 x 17'2 11,6 x IV 1W'2 2'8- LIV`ING AREA 0 RE IW V�le 1486 sq It 49 4-9 v ve— I j i. PORCH 9,cwffw r2n x 518 1 b%h L W10 3r8 March 01,2004 Board of Adjustment VAR 04-06.00(Magness) Page 2.9 VAR04-06.00 MAGNESS Close Up View go R F-24 RSF-4 S, R1,0 0, 101 7----- lei _TRMF-Z4-i— lei LOUISE ST L LOURSE ism 4< -�R AN DAVI_ U DAVIDSON ST Ar 1 so! l"! IT leg F_7 1 Nil RIJ 8 [_[_,�_T; ! --- 1 1 1% 121 I W I > —RSF_4___l 1#24 �RSB� _j7m I A p RMF-40 i RSF-4 11 1 RSF-4 r 1 21 a Overview Legend 0 0 Piindpm�dai �IiLooDwAy M�ter$VeetPlan Minoi­Aftmal —IWYEAR M�erstmetplan �Iledor —500 YEAR F�yEV�y *000 Hwtoil,,C.11�ii, IIMITOFITUIY 8..Un.P.M. _J C 7j City Limift VAR04-06.00 O�Id�C4 March 01,2004 Board of Adjustment 0 75 150 300 450 600 VAR 04-06.00(Magness) Feet Page 2.10 VAR04-06.00 One Mile View MAGNESS 2 4 Iq�"Wk IL :�—J� f P-1 �2 As 9F i_Q 4 RMFI r JFI �2 RSF4 DPrJA`rE A, F __FC1 rr r f RSFI 11�4 III It QRJ 2 0_1 R, JRSF DIM,. L EY i RS� OEM U,!Z1 E ELI 4 sFJJjT- RR =N SF P-1 R RM 4 Mr- F`1`4 ITT R P AF U I I—YII j/_ AviIi 01 P-TR IPA -24 FIRWATE OR III RW 0 mw�' H M1 I f f 11 TJ ni RSF.4 —'WF =�1717 m -24 R�24 M RSF4 RSII4 sFI�R; Overview Legend Subject Property Boundary Master Street Plan VAR04-06.00 Planning Area Streets Coca Oveday District 4%*Pdri 4%oMhorAftl �isffrg L City UnI conel 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