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HomeMy WebLinkAbout2005-02-07 - Agendas FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT Monday,February 7,2005,3:45 p.m. Room 326,City Administration Building The following items will be considered: Approval of Minutes from the 01/3/2005 meeting. New Business: 1. BOA 05-1381 (THOMA,445): Submitted by GREG THOMA for property located at 224 W CLEBURN STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.20 acres. The requirement is for an 8'side setback. The request is for a 5'side setback(a Tvatiance.) Planner: Leif Olson 2. BOA 05-1380(DAY,445): Submitted by BRETT PARK for property located at 802 PARK AVENUE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.20 acres. The requirement is for an 8'side and a 25'front setback. The request is for a I'side setback(a Tvariance)and a 14'from setback(an I I'variance.) Property Owner:Ron Day Planner: Leif Olson 3. BOA 05-1379(COPHER,529): Submitted by COPHERS QUAILTY HOMES for property located at 3504 E HUNTSVILLE RD. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and RIVIF-24,MULTI FAMILY— 24 UNITS/ACRE and contains approximately 0.17 acres. The requirement is for a 70'lot width.The request is to allow a 50' lot width(a 20'variance)and 7,476 s.f. lot area(a 524 s.f. variance)to accommodate an existing non-conformaing lot. Planner: Suzanne Morgan 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 tire office of City Planning(575-8267),125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to revnnv the petitions. interpreters or TDD for hearing impaired are available for all public hearings;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. 2005 Board of Adjustment Members Sherrie Alt Michael Andrews (Chairman) Michael Green Robert Kohler James Kunzelmann Bob Nickle Joanne Olzewski get .9�9 A 11-M N3%1Ti=T ARKANSAS BOA Meeting of February 7, 2005 125 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Leif Olson, Associate Planner THRU: Jeremy Pate, Interim Zoning & Development Administrator —DATE: February 1, 2005 BOA 05-1381 (GREG THOMA, 445): Submitted by GREG THOMA for property located at 224 W. CLEBURN ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.20 acres. The request is for a side setback of 5', a variance request of 3'. Planner: LEIF OLSON RECOMMENDATION: Staff recommends approval of the requested side setback variance as described in the staff report based on the findings herein: CONDITIONS: 1)The requested setback variance shall apply only to the addition/alteration of the structure as currently proposed, and shall not be construed to allow further setback encroachment in the future. BOARD OF ADJUSTMENT ACTION: 0 Approved 0 Denied Date: February 7,2005 BACKGROUND: Property description: The subject property is located at 224 W. Cleburn St., and is more accurately described as Lot I I in Block 2 of the Wilson-Adams addition to the City of Fayetteville. Currently, a one story brick home exists on the lot. The lot area is approximately 8,799 SF, which complies with the minimum allowable lot area in Mruary-4 2005 Board of Adjustment BOA 05-1381 (Thoma) K:\Reports\2005\BOA Reports\02-07-05\130A 05-1381 (Thoma).doc Page 1.1 RSF-4 zoning district for a single family home (8,000 SF). However, this lot only has 54' of frontage on W. Cleburn St. which is less than the 70' required. Background: This subdivision was platted and the existing home was built prior to the adoption of the City's current zoning regulations. Therefore, the lot is considered a non- conforming lot of record. Proposal: The applicant requests a variance from the side setback requirement of 8' for the purpose of replacing the existing flat roof on the home with a pitched roof The footprint of the existing structure will not change, however,the pitched roof will increase the overhang and encroach into the side setback. Request: The request is for a side setback variance of 3' resulting in a 5' setback along the eastern property line. Recommendation: Staff recommends approval of the requested variance for the structure as it is currently proposed. =Ordinance Requirement Applicant's Request Side Setback(east) 1 8' 5' (a 3' variance) SURROUNDING LAND USE AND ZONING Land Use Zoning -North Single-family residential RSF-4, Res single-family, 4 units/acre South Single-family residential RSF-4, Res� single-family, 4 units/acre East Single-family residential RSF-4, Res. single-family, 4 units/acre West Single-family residential RSF-4, Res. single-family, 4 units/acre GENERAL PLAN DESIGNATION Residential 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: 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 home was built prior to the adoption of the City's current zoning regulations. The footprint of the existing home encroaches into the side setback by 1 foot. Because the home was built with a flat roof, special conditions apply to this structure which are not applicabi reErtuoary 3,2005 Board of Adjustment BOA 05-1381 (Thoma) K:\Reports\2005\BOA Reports\02-07-05WA 05-13 81 (Thoma).doc Page 1.2 other structures located in the same district. Many of the surrounding homes built with pitched roofs were located directly on side property lines. This neighborhood is comprised of relatively small lots with comparatively large homes located on them. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would deprive the applicant of rights that are commonly enjoyed by other properties in the same district. Because of the age of this area, many of the homes were built directly adjacent to their side property lines. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Special conditions or circumstances do not result from the actions of 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 side setback variance would not confer special privileges on the applicant. Many of the property owners in this neighborhood have homes that were built very close to the side property lines. 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. 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. February 3,2005 Board of Adjustment BOA 05-1381 (Thoma) K:\Reports\2005\BOA Reports\02-07-05\BOA 05-1381 (Thoma).doc Page 1.3 Finding: A public hearing is scheduled for Monday,February 7,2005. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: The requested side setback variance is justified by the reasons set forth in the application. The variance requested is the minimum variance that will allow the property owner to construct a pitched roof on the home, in order to correct storm drainage problems and enhance the appearance of the property. b. Harmony with General Purpose. The Board of Adjustment shall ffirther 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 would,be in harmony with the general purpose and intent of zoning regulations. , I I 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: Reasons set forth in the application do justify granting the requested variance. 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 structure is a single family home, a use permitted by right in the RSF-4 zoning district. 161.07 District RSF-4,Residential Single-Family—Four Units Per Acre (A) Purpose. The RSF-4 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 February 3,2005 Board of Adjustment BOA 05-1381 (Thoma) K:aeports\2005\BOA Reports\02-07-05\BOA 05-1381 (Thoma).doc Page 1.4 these types. (13) Uses. (1) Permitteduses. I Unit I City-wide uses by right Unit 8 Single-family dwelling (2) Conditional uses. Unit2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-fa, ily dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq.ft. 12,000 sq.ft. Land area per 8,000 sq.ft. 6,000 sq.ft. dwelling unit (E) Setback requirements. Front Side 25 ft. 8 ft. 20 ft. (F) HeighL None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. (Code 199 1,§160.03 1;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99) February 3,2005 Board of Adjustment BOA 05-1381 (Thoma) K:\Reports\2005\BOA Reports\02-07-05\BOA 05-1381 (Thoma).doc Page 1.5 January 17, 2005 Greg&Eileen Thoma 224 W. Cleburn St. Fayetteville, AR 72701 W Nofichael Green Chairman, Board of Adjustments City of Fayetteville Fayetteville, AR Dear W Green, We, Greg and Eileen Thoma, are submitting a request for a setback variance to be granted for 224 W. Cleburn St, Fayetteville, AR. The specifics of the variance request are presented in detail in the attached information. Briefly,we are requesting an additional 2 feet of roof overhang than currently exists in one comer of the structure. The purpose of this letter is to answer the ordinance requirements regarding the granting of a variance. First, special conditions exist at this address that are related to the drainage off and through the site. Specifically, since we have owned this property(purchased 1994), we have had annual problems associated with water accumulating in the crawl space that enters and flows through the garage during wet weather. We have recently installed French drains, and to complete the correction of the drainage problem are proposing to replace the roof structure over both the garage and a flat-roofed section of the house immediately north of the garage. Clearly this condition is not a general problem in the neighborhood, and is the result of the combination of our lot layout and roof configuration. Second,the roof modifications that are proposed will simply help to provide proper and normal drainage away from the structure, similar to other properties in our neighborhood. Third, the roof structure has not been modified since we purchased this property, aside from the addition of tar to the flat roof in repeated attempts to eliminate leakage. The addition of the French drains in the summer of 2004 has had a noticeable impact on the arnount of water entering the garage, but has not eliminated it completely. We feel certain that the modifications proposed will eliminate the remaining problem. Fourth, this setback variance will not confer a special privilege to this structure not currently enjoyed by other structures in this district: having a dry crawl space and garage is surely not denied by the ordinance. Thank you for your consideration in this matter, Greg&Eileen Thoma February 3,2005 Board of Adjustment BOA 05-1381 (Thoma) Page 1.6 SAeNy VEST all R��F��arlh. r 9�15t[" 60N�� _RA IA�Iln.tr�, % I. ..... FRONT PORCH ---------------- - lh tr�� CbC 5tone path N 66�uary 3,2 5 oa d of Adj u ent B A 5-1 orna) age 1.7 ipo N58042E 76.3' 24 63 pipe to ld wood to)eck BLOCK 2 44.7 -132.2 I-STORIf aFtICK FACF �,6.0 224 C18bor"St' 12, ?.A 2 9 1 N34030V 140.0' Wood E)eck at. steps E,m:5-r 4 C, q�C00c.DYNG ts rre ?L Ni4 Walk 1='5 4.1' urb set' GRAPHIC SCALE: CLEBURNST 0 15 30 60 SURVEY DESCRIPTION VM Lot Eleven (11) in Block Two (2) in Wilson-Adams Addition to the STA11-OF City of Fayetteyille, Arkansas, as per plat recorded in the KA SAS records of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, S N Buyers: Greq and Eileen Thoma t� 4LA14 �Lf/ Seller: Brian D. Wood .......... %. Address: 224 W. Cleburn Fayetteville, AR ... ry 3,2005 B L justment NOTE: This property does not lie in ZONE 'AIAE' (Special Flood 0 —Fa10WMI31 FMoma) Hazard Areas inundated by 100 year flood) as determined 0 —SET IRON PIN Page 1.8 from the FIRM Map of Wa5hinaton County, Arkansas, and Incorporated Areas, Map Number 05143CO092 C, effective date a —STONE MARKER 0 W Ln 0 LL (0 (Y) N (Y) Lf) E Y\ \,o e-yi+ r, I 1 0) 2a REAR 5ETBACK X 0 w ED (r w Existing a] retaining wall P.I oof overhang Q < lu in .'10 RETE z w LL W -A Z w -it cVaw�eA ;4L pit w t w cr _j 1A)'I N, J s �06t sq+ z W W FRONT FORGH Roof overhang Q11 Z 3: w 4 Fe uai,3,<2 Boar'. A , ,I t LL I BOA 5 581 (Th 1 1 Pa VI BOA 05-1381 Close Up View i RSF-4 RSF-4 '0 m WOMEN M0 ---fRSF.4' RSF-4 PSF-4 4 SUBJECT PROPERTY T RSF.4 ADAMS ST iM IT DO > .4 RSF -d-RSF. §e' 74 0 >1 V 0 Wt 4 a RSF-4 A HO N ST hl R P E 7vmli iai �CLHUFM—ST > RS�4 ----- -- RS� �2 Oil, RSF�4 RSF-4 M o z Emp� ARTA ,-IR�SMCI-r -----RROSPECTST Overview Legend M=BOA 05-1381 �..�Overlayoisffld �Pinnipal Aftenal —FLOODW 530YIEAR MeeterSueet!P — Min.rAdn.1 —103YIZAR ---LIMIT OF STUDY P::n meewsted , = = WI BneUI Fl..Y�P..Y 0 HiI WI.Mr r—1 Fa letteville GV9 rcgary 3,2005 Board of Adjustment BOA 05-1381 (Thoma) 0 75 ISO 300 450 600 Page 1.10 Feet BPA 05-1381 THOMA One Mile View 4, PRI tT-!II - j �2 T� R$F4 i-4 L-i 7 tit R&F4 7-� C-2 R 'R$F 4 A 0 P-1 --i], ICKOkY-�-T SUBJECT PROPER " I I, 2 R;F4 RW�4 SFA -.4RSF4 R C�2 SF� N Li, -3R R i F-24f� C �a R I I /,,'�MF-2 C-2 C-2 -qW, �a, L !�Ia� RSF T I L as -2� xJ, RI l�RM 40 R E4 -43,,, 7s SF �R RM�2 T RSF+ Fl�' 12- ,,1 F4 -,�R$F4 "�ev We' RSFI AN T -Ru ----, -- — ,-, -I r A�4 -� -777� I-- I h -r�-I- F, ------- I RSF4 7 4 as -60,44TfR L AP� L R�4-LR*F 4i IIF-A- e s -12 jmrn� Ij7- SF4 X 7 7 's- RSF P-1 RM 24 ;�_�77n j,I V I U- s IRSF V RSF,4� 'I R: 14 -2 , -R - il� W-24 7 W q ir �2 �"T "I '0 7'f-[i rl�' W24�' �,7 LF' 0 J P-1 's 4- 4 J j i L --to VF J�F F R, R;0 P-1 3 ,,L3T0NrST CA-- RMF-24 Overview Legend Boundary Master Street Plan -------i Subject Property Master Street Plan ------ 'N� Planning Area BOA 05-1381 Freeay/�press�ay Overlay District PrincipalAderial Outside City MinOrArtenal C011eCtOr 0 0 0 Histonc C011eCtOr February 3,2005 Board of Adjustment (0).(Ml 0.2 0.3 0.4 BOA 05-1381 (Thoma) m3EzmmE==llllllllllllllllllllll Miles Page 1.11 V ARKANSAS BOA Meeting of February 7, 2005 125 W. Mountain St. Fayetteville,AR 72701 Telepbone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Leif Olson, Associate Planner THRU: Jeremy Pate, Interim Zoning &Development Administrator DATE: February 1, 2005 BOA 05-1380 (RON DAY, 445): Submitted by BRET PARK for property located at 802 PARK AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.204 acres. The request is for a side setback of F 2", a variance request of 6' 10", and a front setback of 14' 4", a variance request of 1018". Planner: LEIF OLSON RECOMMENDATION: Staff recommends approval of the requested side setback variance as described in the staff report based on the findings herein: CONDITIONS OF APPROVAL: 1) The variance shall apply to the proposed addition to the structure and shall not be construed to allow further future development within the building setbacks. 2) No portion of any structure shall be constructed over existing utility lines or easements F 20— ill- R- BACKGROUND: Property description: The subject property is located at 802 Park Ave., and is MCWeb e ruary 3,2005 Board of Adjustment BOA 05-1380(Day) K:\Reports\2005\BOA Reports\02-07-05\BOA 05-1380(Day).doc Page 2.1 accurately described as a portion of Lots 5 and 6 of the City Park Addition to the City of Fayetteville. Currently, a 2,676 square foot home exists on the lot. The lot area is approximately 8,886 SF, which complies with the minimum allowable lot area in the RSF-4 zoning district for a single family home (8,000 SF). Additionally, this lot has approximately 100' of frontage on Park Ave. which complies with the 70' required. Background: This subdivision was platted and the existing home was built prior to the adoption of the City's current zoning regulations. The home was originally constructed on a portion of two lots and the remainder of the property was then transferred to another owner. Proposal: The applicant requests a variance from the side setback requirement of 8' and the front setback of 25' for the purpose of constructing additions to the home. The location of a 10" sanitary sewer line bisecting the property to the southeast precludes the ability of the owner to add on to the home in a location within the building setback envelope. Request: The request is for a side setback variance of 6' 10... resulting in a 1' 2"setback along the northern property line, and a front setback variance of 10' 8"resulting in a 14' 4" setback along Park Ave. on the west. Recommendation: Staff recommends approval of the requested variance for the structure as it is currently proposed. Ordinance Applicant, s Request Requirement Side Setback (north) 81 1, 2" (a 6' 10"variance) Front Setback (west) 25' 14'4" a 10' 8" variance) SURROUNDING LAND USE AND ZONING Land Use Zoning North Single-family residential RSF-4,Res. single-family, 4 units/acre South Single-family residential RSF-4, Res. single-family, 4 units/acre East Single-family residential RSF-4, Res. single-family, 4 units/acre West Vacant -RSF-4,Res. single-family, 4 units/acre GENERAL PLAN DESIGNATION Residential FINDINGS: 9 156.02 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: February 3,2005 Board of Adjustment BOA 05-1380(Day) K:\Reports\2005\BOA Reports\02-07-05\BOA 05-1380(Day).doc Page 2.2 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 existing home was built in 1953 prior to the adoption of the City's current zoning regulations, and the footprint of the existing home encroaches into the front setback 4' 8". The property has a 10" sanitary sewer line that runs diagonally across the property from northeast to southwest. This sewer line is undocumented and it does not tie in a utility easement. The location of the sewer line substantially impairs the owners' ability to construct additions to the home in an area that would lie within the current building setback envelope. Additionally,the right-of-way for Park Ave. is 60' in this location. This street is designated as a local street in the City's Master Street Plan and would only require a right-of-way distance of 40' under current regulations. The probability of Park Ave. being substantially widened in the future is unlikely. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would deprive the applicant of rights that are commonly enjoyed by other properties in the same district. Due of the topography of this area and the era in which it was originally developed, many of the homes in this neighborhood were constructed across multiple lots and very close to the right-of-way. Because the alley was platted and never constructed adjoining properties were developed immediately adjacent to this right of way. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Special conditions or circumstances do not result from the actions of the applicant. The existing structure was built in 1953 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 side setback variance would not confer special February 3,2005 Board of Adjustment BOA 05-1380(Day) K:\Reporfs\2005\BOA Reports\02-07-05\BOA 05-1380(Day).doc Page 2.3 privileges on the applicant. Many of the property owners in this neighborhood have homes that were built very close to the street and adjacent property lines. 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. 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, February 7, 2005. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land,building, or structure. Finding: The requested side setback variance is justified by the reasons set forth in the application.The variance requested is the minimum variance that will allow the property owner enjoy the same rights as other property owners in the area. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting the variance would be in harmony with the general purpose and intent of zoning regulations. C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. February 3,2005 Board of Adjustment BOA 05-1380(Day) K:\Reports\2005\BOA Reports\02-07-05\BOA 05-1380(Day).doe Page 2.4 Finding: Reasons set forth in the application do justify granting the requested variance. 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 structure is a single family home, a use permitted by right in the RSF-4 zoning district. 161.07 District RSF-4,Residential Single-Family—Four Units Per Acre (A) Purpose. The RSF-4 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. unit I uses by right nit 8 Single-family dwelling (2) Conditional uses. Unit2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Sing -family an clell�inq' =;S'lY;;;;] I Units per acre 1 4 or less 7 or le" (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 87000 sq.ft. 12,000 sq.ft. Land area per 8,000 sq.ft. 6,000 sq.ft. (E) Setback requirements. February 3,2005 Board of Adjustment BOA 05-1380(Day) K:\Reports\2005\BOA Reports\02-07-05\BOA 05-13 80(Day).doc Page 2.5 Front Side Rear 8ft Jill 25 ft. i 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. (Code 1991,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99) February 3,2005 Board of Adjustment BOA 05-1380(Day) K:\Reports\2005\BOA Reports\02-07-05\BOA 05-1380(Day).doc Page 2.6 BRET PARK COMPANY, INC 18 January 2005 Mr. Michael Andrews Chair,Board of Adjustments 113 West Mountain Street Fayetteville, AR 72701 Dear Mr. Andrews, On behalf of Mr.Ronald Day, owner and resident of the property at 802 Park Avenue, we request a variance for the front setback requirement along the West side of his property and the side setback requirement along the North side of his property. Three special conditions exert particular challenges for this remodel/addition project. 1) A sanitary sewer pipe runs from northeast to southwest across the eastern part of the property. It bisects the property in such a way that it dramatically limits Mr.Day's options to add on to his home. This pipe has no easement,nor does it appear in the legal description of the property. This pipe, along with another sewer pipe and an underground RCP storin drain effectively eliminate any option for building on the southeast third of the property. 2) An alley lies between Mr.Day's property and his neighbor to the north. This alley is unused and has been unused for many years. It is relevant in that its presence provides separation from the house to the north and may provide some justification for allowing our variance. 3) Park Avenue has a 60' right-of-way, although the actual street width is between 24' and 36' in front of Mr.Day's property. The effect of this condition is that the buildable area of the propffty is diminished. We are specifically requestin two variances:First,we are requesting a side setback variance of 7 feet to E north side of the property. This accommodates the existing non conformity and the new addition of the house. Second,we are requesting a front setback variance of 11 feet to accommodate making improvements to the front of the house. This variance will bring the existing 5' of non-conformity into compliance. With an 11 foot encroachment into the setback, the design as proposed still retains 31 feet from the curb to the house. These two adjustments will allow the Mr.Day to make significant improvements to his house while responding to the unusual limits placed on his property. To the north, the design does not exacerbate the violation; we're only asking to build within the amount of the existing non- February 3,2005 Board of Adjustment BOA 05-1380(Day) Page 2.7 conformity. This enables us to stay clear of the city's buried utilities and allows the development of the garage in the basement area. The front setback(west) allows enough margin to improve the appearance of the house while retaining plenty of distance to the street. This is admittedly very important to Mr.Day ersonally. In addition,it occurrs to us that this is a prominent location wiT a particular relationship to Wilson Park and we believe that these improvements to the house will be an improvement in the appearance of the Wilson Park neighborhood. We feel that Mr.Day's request meets the following criteria: a) Special conditions exist: The structure predates zoning. Undocumented, undiscovered,buried, sewer and R.C.P. lines substantially decrease the buildable area of his lot to the East. And, there exists an undeveloped alley North of his lot. Park Avenue has a 6W right-of-way that is wider than is being utilized. b) Literal interpretation of the setback requirement would deprive W. Day of the ability to have a home that conforms to City of Fayetteville's general setback requirements. Buried city services bisect the property and diminish the buildable area. There is no easement or legal allowance for these services. The alley to the north allows adequate separation from the property to the north. As a result, Mr.Day is deprived of the use of l/3 of the buildable area of his property. c) This situation is not the result of actions of the property owner. The structure's location predates Mr.Day's acquisition of the property. Mr.Day had no participation in the establishment of any of the special conditions of the site. d) Granting this variance will not grant this property special privilege denied to others. The properties along this block of Park Avenue are similar in placement to this one, and this property is consistent with the character of its neighbors. Mr. Day's request does not exceed similar non-conformities that are typical in this part of Fayetteville. This property suffers particular limitations that are unique. Other properties in this area are not as limited as this, so some consideration may be appropriate to help mitigate these limitations. In conclusion,we ask that you approve tl-ds variance. It will allow Mr. Day to improve his property with the confidence that the condition of non- conformance has been addressed. It will also allow him to improve his property- Sincerely, Bret Park February 3,2005 Board of Adjustment BOA 05-1380(Day) Page 2.8 00'00 L H-Lnos (L LU NY�IN.00 ze - - - - - - - - - - - - — - - - - - - - - 410/1 < < ----------- --------- - I 01 cj U) I >OYG-L9G -LNON- LL ul D w H-L'alON 100'G 00'G L H.L60N d) 43 (Y >- z Lj Ki w w > _j rL WO Y > w February 2 Board of Adj 'M W aGM�G;gyj.]Nys anNgAY XaNc4 IV > 00 LL I -9 OD -n < 0 APO > M -U Z Z 0 < M MM �< . z 7FT77 > C C MM M r PH FF r---- M > M (UP) M -i M r M M r < > < -4 Epi z I February 3,2005 Board of Adjustment BOA 05-1380(Day) Page 2.10 BOA 05-1380 Close Up View DAY -1 L RSF-4 7 IN ,,g , _—CLIEURN ST CIX8URN ST ...RN-ST Eon. ......... M ---RSF4 RSF.4 SUBJECT PROPERni RSF4 AIM,— - T-- RSF-4 ®R"'k >,� EEO o Oil, P� 0 RMF,24-­ RI I'M RSF.4 R-0 RMI NSLV, 00 Overview Legend Oveday DII PiinciWAfteral — �00DW;I —�Y�R MEE BOA 05-1380 MwterStreetPlan neeeee MinarAftedal —MY�R LIMITOF STUDY BaseUne!Pmfile MasWStmetPen WII Freeway�pIesaway 9 0 0 0 HiI WI�r C-1 Fayetteville 1 1, 7� Febmary 3,2005 F Board of Adjustment BOA 05-1380(Day) 0 75 150 300 450 600 Page 2.11 Feet I I BOA 05-1380 DAY One Mile View 8 1"11.TE F AF7 E-4 nI ; ; 0 - : P-1 T T-I - - , I r '71 ",T, �iF 4 'T F IRT-12 -7T RMF 1 i W SUBJECT PROPERTY KbI-A Z, . 1 1 1, M v/ P1 RSF4 I-- 4 4 L J RI§ R E PE4 iff, --R F,; -F R- R� R WIF-2 �TI if 0"i JSF�4 F III, r R -,.RSF4 04, q RW-40 S -Wo P F�O -2-4, 4 T I—A 7 Ni J '2 �,F jI�RSF�. R�4 z =1774I Y, �Z 4isF4 R44 P-1 F-' J 1�- P-1 RSF4 P-1 -24 4'F-24- -�RNF40 _3/ # RSF4 1-9 0 �7 24 R� �W-24' -`RW-2 P-1 'RW 11' 7, P, �J' -2 RM� 4 4Q 24; 11 �:4 Overview Legend Boundary Master Street Plan Subject Property Planning Area Master Street Plan 130A 05-1380 c, Freeway/Expressay Overlay District —PinnapalArtenal Outside City El —MhOrArteral - Collector 0 0 Historic Collector February 3,2005 Board of Adjustment (0.011 0.2 0.3 0.4 BOA 05-1380(Day) m3ffmw==� Miles Page 2.12 BOA Meeting of February 07,2005 125 W. Mountain St. ARKANSAS a Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Suzanne Morgan, Associate Planner THRU: Jeremy Pate, Interim Zoning& Development Administrator DATE: February 2, 2005 BOA 05-1379 (COPHER,529): Submitted by COPHERS QUAILTY HOMES for property located at 3504 E HUNTSVILLE RD. The property is zoned RSF-4, Single Family-4 units/acre and RMF-24,Multi Family—24 units/acre and contains approximately 0.17 acres. The requirement is for a 70' lot width. The request is to allow a 50' lot width(a 20' variance) and 7,476 s.f. lot area(a 524 s.f. variance)to accommodate an existing non-conforming lot. Planner: Suzanne Morgan RECOMMENDATION: Staff recommends approval of the requested 20-foot lot width variance and 524 s.f. lot area variance as shown on the attached site plan with the following condition(s): 1. One additional single family home may be permitted on the subject property. Any development shall comply with all zoning development regulations. 2. A building permit shall be obtained prior to commencement of any construction. 3. All existing structures, easements and utilities shall be located on the site plan submitted for building permit consideration. Additional Conditions/Comments: BOARD OF ADJUSTMEMT ACTION: 0 Approved 0 Denied Date: February 07,2005 gg RARE@ UR K.'WeporIA20051BOA ReporW02-07-05WOA 04-1379(Copher).do. ......y D05 Board of Adjustment BOA 05-1379(Copher) Page 3.1 BACKGROUND: Property description': The subject property is located north of Huntsville Road, east of an existing manufactured home park. The majority of the property lies within the RSF-4 zoning district. According to a survey filed in 2003, the northern portion of the lot is located within the RMF-24 zoning district. A single family home was recently removed from the property and the current owner requests to construct a single family home on the property. The existing lot does not have the required lot width of 70' or lot area of 8,000 square feet. One mobile home encroaches within the northern portion of the property(zoned RMF-24); this encroachment should not prevent the owner from obtaining a building permit if the requested variances are granted. Proposal: The applicant is requesting a 20' variance for a total 50' frontage for a single family lot, rather than the 70' required in the RSF-4 zoning district and a 524 s.f. variance for a 7,476 s.f. lot area,to bring the lot into conformity. The applicant's intent is to construct a two-story single family dwelling on the property. -Ordinance Requirement Applicant's Request Lot Width 70' 50' (a 20' variance) Lot Area _� 8'000 S.f. 7,476 s.f. (a 524 s.f. variance) SURROUNDING LAND USE AND ZONING Land Use Zoning North Manufactured Home Park RMF-24, Multi-Family Res, 24 units/acre South Single family residences RSF-4, Single-family Res. - 4 units/acre C-1,Neighborhood Commercial East_ Single family residences RSF-4, Single-family Res. -4 units/acre West Manufactured Rome Park RMF-24, Multi-Family Res. -24 units/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. Adjacent property not under common ownership. As the case with many lots along Huntsville KiRepor&V005WOA Reports102-07-051B0,4 04-1379(Cophw).doc February 7,2005 Board of Adjustment BOA 05-1379(Copher) Page 3.2 Ro'ad,the lot was created and developed for single family use prior to the adoption of current zoning regulations or incorporation into the City of Fayetteville. 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 construction of a single family home on the proposed lot. Creation of a single family home, as desired by the applicant,will not increase the density or intensity of the lot's previous use. The proposed structure will conform to all required setbacks within the RSF-4 and RMF-24 zoning district where appropriate. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The lot size is not the result of actions of the applicant. This lot was created without compliance to the RSF-4 zoning district prior to ownership by the applicant and former property owners. 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 property is zoned for single family use, and has been utilized for this purpose for many years. The applicant will not be granted any special privileges denied to other lands in the same 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. 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. K.Wepor&12005WOA Repor&102-07-05BOA 04-1379(Coph�).doc February 7,2005 Board of Adjustment BOA 05-1379(Copher) Page 3.3 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,February 07,2005. 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 and lot area variances are the minimum variance necessary to accommodate the proposed structure. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting the variance will 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 a single family residence, a use permitted by right in the RSF-4 and RMF-24 zoning districts. K.Weporu12005WOA ReporaIO2-07-05TOA 04-1379(Cophw).doc February 7,2005 Board of Adjustment BOA 05-1379(Copher) Page 3.4