HomeMy WebLinkAbout2005-09-06 - Agendas Taye",p
THE CITY OF FAYETTEVILLE, ARKANSAS
113W.Mouii(ainSt.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADSUSTMENT
Tuesday, September 6,2005, 3:45 p.m.
Room 326, City Administration Building
The following items will be considered:
1. BOA 05-1694 (CAMPBELL, 564): Submitted by DENELE CAMPBELL for property located at 1397 EAST
HUNTSVILLE ROAD. The property is zoned R-O, RESIDENTIAL OFFICE and RSF-4, RESIDENTIAL
SINGLE-FAMILY FOUR UNITS PER ACRE and contains approximately 0.6 acres. The request is to approve
reduced setbacks on two street frontages, Huntsville Road and Curtis Avenue, to accommodate existing non-
conforming structures (a 20' variance on Huntsville Road frontage, and a 10' variance on the Curtis Avenue
frontage), and to accommodate a proposed addition to an existing structure (a 3' variance on Huntsville Road
frontage).
Property Owner: TONY PRETTY Planner: ANDREW GARNER
2. BOA 05-1695 (FAUCETTE, 486): Submitted by ALAN REID for property located at 87 TEXAS WAY.
The property is zoned RSF-4,RESIDENTIAL SINGLE FAMILY-4 UNITS/ACRE. The requirement is for an 8'
side setback. The request is for a 5.1 side setback(a 2.9variance)and a 0' front setback(a 25' variance).
Property Owner: RICHARD PATT Planner: JESSE FULCHER
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
are open and available for inspection in the office of City Planning(479-575-8267), 125 West Mountain Street,Fayetteville,Arkansas.
All interested parties are invited to review the petitions. interpreters or TDD for hearing impaired are available for all public
bearings;72 hour notice is required, For further immmation or to request an interpreter,please call 479-575-8330.
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 (Chainnan)
Michael Green
Robert Kohler
Bob Nickle
Joanne Olzewski
Eric Johnson
r BOA Meeting of September 6, 2005
T 125 W. Mountain St.
ARKANSAS
Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Current Planning Director
DATE: September 1, 2005
BOA 05-1694 (CAMPBELL, 564): Submitted by DENELE CAMPBELL for property located at
1397 EAST HUNTSVILLE ROAD. Theproperty is zoned R-0,RESIDENTIAL OFFICE and RSF-
4, RESIDENTIAL SINGLE-FAMILY FOUR UNITS PER ACRE and contains approximately 0.6
acres. The request is to approve reduced setbacks on two street frontages, Huntsville Road and
Curtis Avenue,to accommodate existing non-conforming structures and to accommodate a proposed
addition to an existing structure. The western structure requires a 20' variance on the Huntsville
Road frontage, and the existing eastern structure and its proposed addition require a 3' variance on
the Huntsville Road frontage, and a 10' variance on the Curtis Avenue fxontage.
Property Owner: TONY PRETTY Planner: ANDREW GARNER
RECOMMENDATION:
Staff recommends approval of the requested 20',10',and 3'front setback variances,as shown
on the attached drawing with the following condition(s):
1. 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.
4. This approval is for the three setback variances as shown on the attached drawing,any
other setback variances are not covered.
Additional Conditions/Comments:
—M�
'-'The�-CONDITIONS OF APPROVAL- th�teiifia thk rcp�rt are accepted In j�ta_fwitlfoufexception bv th I e
or*_� S 06 2005
doc eptember
ment
Date
)bell)
BACKGROUND:
Property description: The subject property consists of two lots located at 1397 East Huntsville
Road,at the southwestern comer of Huntsville Road/Curtis Road. The northern lot lies within the R-
0 zoning district and the southern lot lies within the RSF4 zoning district. The owner proposes to
construct improvements to create a music studio business on the property,including connecting the
two existing structures and creating a parking lot. The northern lot contains two structures that do
not have the required 30' front setbacks from the Huntsville Road and Curtis Avenue ri ght-of-ways.
Proposal: As depicted in Table I and shown on the drawing included in this report,the applicant is
requesting reduced front building setbacks on two street frontages to allow for two existing non-
conforming structures and a proposed addition to one of the structures. The existing non-conforming
western structure has a 10' setback from the Huntsville Road fight-of-way where 30' is required.
The existing non-conforming eastern structure and the proposed addition to this structure have a 27'
setback from the Huntsville Road right-of-way. The existing non-conforming eastern structure also
has a 20' setback from the Curtis Avenue right-of-way. The required setback for these street
frontages is 30'.
Table 1
Variance Request
Ordinance
Variance Issue Requirement Applicant's Request
Front Setback for existing western structure
(Huntsville Road frontage) 30' 10' (a 20' variance)
Front Setback for existing eastern structure and proposed
addition (Huntsville Road frontage) 30' 27' (a 3' variance)
Side Setback(Curtis Avenue frontage) 30' 20' (a 10' variance)
SURROUNDING LAND USE AND ZONING:
Direction from Land Use Zoning
Site
North Single-family residences RSF-4, Single-Family Residential -4 units/acre
South Single-family residences_ RSF-4, Single-Family Residential -4 units/acre
East _ Single-family residences RSF-4, Single-Family Residential -4 units/acre
West Multi-family residences RMF-24, Multi-Family Residential - 24 units/acre
GENERAL PLAN DESIGNATION: Residential
K_-WeportY1200500A ReportsIO9-06-0500A 05-1694(CAMPRELL).doc September 06,2005
Board of Adjustment
BOA 05-1694(Campbell)
Page 1.2
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: Special conditions do exist for this property peculiar to the existing buildings.
The existing structures were built in 1963 prior to adoption of the City's current
zoning regulations requiring a 301 setback from: (1) the 45' right-of-way from
centerline on Huntsville Road; and(2)the 25' right-of-way from centerline on
Curtis Avenue. As a result, the existing structures were built 10' from the
Huntsville Road right-of-way,and 20' from the Curtis Avenue right-of-way,in
conflict with the City's current 30'front setback requirements from those right-
of-way lines.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would deprive the applicant of the
right to improve the structures on the property,a right that is enjoyed by other
properties in the same district. Any requested addition to the structures would
not be permitted on a nonconforming structure,even if the addition would not
increase the setback violation. The applicant proposes to connect the existing
structures in order to operate music studios on the property,and also proposes
to construct parking to accommodate the studios. The proposed addition to the
structures would not increase the setback violations. It should be noted that the
applicant is processing a conditional use permit to allow for the music studio use
on the southern portion of the property that is within-the RSF-4 zoning district.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: The special conditions and circumstances in this case do not result from the
actions of the applicant, but as a result of a change in policy and setback
requirements since the time that the structures were built.
K.lRepartsL70051BOA ReportsI09-06-051HOA 05-1694(CAMPBELL)_�oc September 06,2005
Board of Adjustment
BOA 05-1694(Campbell)
Page 1.3
4. No Special Privileges. That granting the variance requested will not confer on the
applicant any special privilege that is denied by Zoning,Chapters 160-165, to other
lands, structures, or buildings in the same district.
Finding: Granting the requested front setback variances will not confer special privileges
on the applicant. The applicant is requesting approval for improvements to
existing nonconforming structures that were built prior to adoption of zoning
regulations and the current Master Street Plan right-of-ways.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,or
buildings in the same district, and no permitted or nonconforming use of lands,
structures,or buildings in other districts shall be considered grounds for the issuance
of a variance.
Finding: No other nonconformities were considered as a basis of the findings stated in
this staff report.
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Tuesday, September 6, 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 front setback variances are the minimum variances necessary to
accommodate the existing structures.
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
K.Weports12005WA ReporaI09 06 051BOA 05-1694(CAMPBELL).doc September 06,2005
Board of Adjustment
BOA 05-1694(Campbell)
Page 1.4
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 for music studios, a use permitted by right in the R-0
zoning district. A conditional use permit is being processed to allow for the
parking lot associated with the music studios that would extend into the
southern lot that is zoned RSF-4.
K.lReportYL7005BOA ReporisI09-06-05WOA 05 1694(CAMPBELL).doc September 06,2005
Board of Adjustment
BOA 05-1694(Campbell)
Page 1.5
City of Fayetteville Unified Development Code
161.15 District R-O,Residential Office
(A) Purpose- The Residential-Office District is designed primarily to provide area for offices without limitation to
the nature or size of the office,together with community facilities,restaurants and compatible residential uses.
(B) Uses.
(1) Permitted uses.
Unit 1 Cibtm
Ode uses by right
Unit5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 12 Offices,studios and related services
Unit 25 Professional offices
(2) Conditional uses,
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 13 Eating places
Unit 24 Home occupations
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
(C) Bulk and area regulations.
(Per dwelling unit for residential structures)
(1) Lot width miniamon.
Manufactured home park 100ft.
Lot within a manufactured home 50 ft.
park
Single-family 60 ft.
Two-family 60 ft.
Three or more 90 ft
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq-ft.
park
Townhouses:
Development 10,000 sq.ft.
Individual lot 2,500 sq.ft-
Single-family 6,000 sq.ft.
Two-family 6,500 sq.ft.
klftorts120051BOA Reporett)9-06-05WA 05-1694(CAMPBELL).doc September 06,2005
Board of Adjustment
BOA 05-1694(Campbell)
Page 1.6
Fraternity or Som Ell
(3) Land area per dwelling unit.
Manufactured home 3,000 sq.ft.
Townhouses&apartments:
No bedroom 1,000 sq.ft.
One bedroom 1,000 sq-ft-
Two or more 1,200 sq-ft-
bedrooms
Fraternity or Sorority 500 sq.ft.per resident
(D) Density-
[Units er�acre �4to 24
(E) Sethack regulations.
Front 30 ft.
Front,if parking is allowed between the right- 50 ft.
of-way and the building
Side 10 ft.
Side,when conliguous to a residential district 15 ft.
Rear,without easement OF alley 25 ft.
Rear,from center line of pubfic� 10 ft..
(F) Height regulations- There shall be no maximum height limits in R-O Districts,provided,however, that any
building which exceeds the height of 20 feet shall be set back with any boundary line of any RSF or PJVIF 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.
(Code No. 1965,App.A.,Ail.5(x);Ord.No-2414,2-7-78;Ord.No.2603,2-19-80;Ord.No.2621,4-1-80;Ord-No. 1747,6-29-70;Code 1991,
§160.04 1;Ord.No-4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4726,7-19-05)
KAReports120051BOA Reports 109-06-05WOA 05-1694(CAMPBELL)-doc September 06,2005
Board of Adjustment
BOA 05-1694(Campbell)
Page 1.7
City of Fayetteville Unified Development Code
161.07 District Rsf4,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.
(13) Uses-
(1) Pemitteduses.
unit I City-wi-de uses by right
lwelling
(2) Conditional uses.
Unit 2_ 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-
,le-fami
Ilings
less 7 or lesS97S ly
(D) Bulk and area regulations.
Single-family Two-family
dwellings dwellings
Lot minimum 70 ft. 80 ft.
width
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 Rear
25 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:IReportsQ00JtB0A ReportsW-06-051,90A 05-1694(CAMPBELL)Joc September 06,2005
Board of Adjustment
BOA 05-1694(Campbell)
Page 1.8
(4un-rsvtLLr-- :5(-fC PLAN 1 40
-SVILLE
--------— —C)c
T
r1W 5
Iffiftike ko
10,
CO
126 , 3 9
143.37 �O
F-41 AN
f
lt-vam+
sl4cw
---36-
00
3.24'
00
LO
14 0
p �OMr aA s enr-
kA*4 c Oaumm e
10 P 0, 'pb 11)
AppLads Fetve-l.. M �jo" N�+ -sei6cK -� Owl noAom prof e4y (.',Ie (A ao-' vJI-liell,e9
Proyll 5et6cll faskm proper
ime (0, 10,
G. Denele Campbell
13251 Green Road
West Fork AR 72774
dcqnipbell@spiynet.com
479-839-2475
August 1, 2005
Michael Green, Chair
Board of Adjustment
City of Fayetteville
Dear Mr. Green,
Special conditions and circumstances exist for property located at 1397 Huntsville Road, in that
the buildings there were constructed in 1963 before the current setback and right of way
allowances were established. These buildings are now infringing upon setback by a few feet.
Neighboring structures constructed since these measurements were established were built to
allow for the proper setback.
These buildings are composed of concrete floors and concrete block walls, both of which are in
good condition and worthy of continued use. A literal interpretation of the provisions of the
setback ordinance would condemn this property to non-use.
These conditions came about as a result of existing structures being impacted by new rules.
We believe that granting our request for a variance on setbacks will not confer any special
privilege on us that is denied other structures in this district. While other structures along
Huntsville Road may also be nonconforming, ours is largely conforming and would not limit
future infrastructure needs including a possible widening of Huntsville Road.
We request a setback variance for this property to allow its continued and improved use.
Sincerely,
Denele Campbell
for the owners Tony an Beverly Pretty
September 06,2005
Board of Adjustment
BOA 05-1694(Campbell)
Page 1.10
G. Denele Campbell
13251 Green Road
West Fork AR 72774
dcgln�bell@nrvnet.com
479-839-2475
August 1, 2005
Variance Request
1397 E. Huntsville Road (Hwy 16 E)
This property consists of two lots. The north lot is zoned RIO and the south lot is zoned RSF-4.
The north lot contains two buildings: on the west side, a 40'x 70' structure, and on the east side,.a
25' x 40' structure, for a total of 3800 square feet. The south lot is vacant.
The property is for sale by owners Tony and Beverly Pretty. I am considering the purchase of
this property to remodel for music studios.
The existing buildings on the north lot are non-compliant for setbacks. The west building is
three to five feet into the required set-back space along the Huntsville Road frontage. The east
building is about five feet into the required set-back space along Curtis Avenue.
Renovations to these buildings will be required to make them suitable for my music studios. We
I 'll also add a new section between the two buildings to connect them. The new section will be
wi
about 20' x 29', less a small comer area, for a total of about 530 square feet. Thisbringsthe
finished total square feet to 4330.
An existing concrete parkingarea extends along the entire cast side of the north lot and covers
the area south of the east building,up to the loading dock of the west building. We will set aside
the east side for a handicap parking space and loading zone.
A new parking lot will be constructed on the now-vacant south lot, to contain 18 spaces. This
will include two compact spaces, space for the dumpster, and 16 regular spaces, plus the drive
lane to exit an existing curb cut onto Curtis Avenue.
The variance will be required for non conforming setbacks of the existing buildings before I can
purchase the property and adapt it to my needs. We will not add any structure to areas within the
setback zone.
September 06,2005
Board of Adjustment
BOA 05-1694(Campbell)
Page 1.11
BOA05-1694
CAMPBELL
One Mile view
asFF.,14 1
2, G� slQ..T
t -----------
W_I,
41;R 1�
P, t�l
RS�4 P - "I
$'C�2
R
R,0 -
sognIR
J
2
ASF4
-7" 41 RSF4
-l�, ;
1SPINEL
S�-
Y, ot
A
SUBJECT PROPERTY
24
AT�ST P
F
4
-HUWrSVn,,RD RSF4
nF4 R9F-J �2
RMF
'4 FA
SFI F`1 �71-24
RW-
4
RSF4
MF- J
R
-2 RSFA
Ing: I W4_ C-2
l<NA"TOZ��Ypp
RSF44,
-4-
J-
c
c-�
4,r
R 41
R-A
R
W
RSF4
RA
Q
W
��24 VP
RT-12
-------- PRI �2103 DR
PUMP
RSF4 RA RA AUS
[2
A R-A
Overview Legend Boundary
Subject Property
------r- _4 �N� Planning Area
BOA05-1694
Oveday Distnct
Outside City
Le7enl September 06,2005
---- -- --- -yw 25 0.5 5 1 Board of Adjustment
00. 12M
BOA 05-1694(Campbell)
M il S Page 1.12
BOA05-1694
Close Up View CAMPBELL
oil
-W
Mgg SUB'JECT PROPERTY
CEO
RIM
0,
MIN
Legend
c.po=O�edayDistrct —FLOODWAY --Mi)(�R
IN YEAR Lim r OF STUDY
Bas Une Pmfile
FE yettevfileptember 06,2005
out uecityBoard of Adjustment
BOI BOA
05-1694(Campbell)
0 75 Page 1.13
150 300 450 600
Feet
BOA Meeting of September 06, 2005
1
TaT71ep—dile 125 W. Mountain St.
ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jesse Fulcher, Associate Planner
THRU: Jeremy Pate, Director of Cur-rent Planning
DATE: September 1, 2005
BOA 05-1695(Faucette,486): Submitted by Alan Reid for property located at 87 Texas Way. The
property is zoned RSF-4, Single Family-4 Units/Acre. The request is for a 5.V side setback(a 2.9'
variance) and a 0' front setback (a 25' variance).
Property Owner: RICHARD PATT
Planner: JESSE FULCHER
RECOMMENDATION:
Staff recommends approval of the requested 2.9-foot side setback variance and the 25-foot
front setback as shown on the attached drawing with the following conditions:
1. Future alterations or additions to the existing structure shall meet required building
setback regulations, unless otherwise approved by the Board of Adjustments.
2. If the current structure is removed any new structure would meet all regulations for
the RSF-4 zoning district.
Additional Conditions/Comments:
E
I without
S--v' arjance.
-6utity rect iug'4pprPV;'-0 wthl
-4�
-6
t
September 06,2005
K-lReports1200500A Repor8109-06 051BOA 05-1695 Faucetfe.doc Board of Adjustment
BOA 05-1695(Faucefte)
Page 2.1
BACKGROUND:
Property Description: The subject property is located at 87 Texas Way. The existing single family
home was built in the 1930's and has a 144 square-foot front porch. The property is Lot 87 of
Western Methodist Assembly. Many of the homes and structures in this neighborhood contain
minimal frombuilding setbacks from the right-of-wayas was typical of the development in this area
prior to zoning regulations. The character of the neighborhood consists mainly of a variety of older
homes in a steep topographical area. The lots in the area generally have severe elevation changes
from front to rear and consequently, many of the homes are located close to the street and do not
meet the required front building setback.
There is an existing 40' of rigbt-of-way for Texas Way with only 15' paved. A survey provided by
the applicant shows that the front porch is located at the right-of-way line. A rock sidewalk and
steps are currently located within the right-of-way,however both structures are under 30-inches in
height. The applicant is requesting a variance to bring the existing nonconforming structure into
compliance.
Table 1
Variance Request
Variance Issue Ordinance Requirement Appificant's Request
Front Setback 25' 0' (a 25' variance)
Side Setback 81 5.V (a 2.9' variance)
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
from Site
North Single family residence RSF-4, Residential Single Family, 4 Units per Acre
South Single family residence RSF-4, Residential Siqgle Family, 4 Units per Acre
East _ Single family residence RSF-4, Residential Single Family� 4 Units per Acre
West Single family residence RSF-4, Residential Single Family, 4 Units per Acre
GENERAL PLAN DESIGNATION: Residential
K--Wepor�L70051BOA ReportsI09-06-05WA 05-1695 Fauceife.doc September 06,2005
Board of Adjustment
BOA 05-1695(Faueette)
Page 2.2
SECTION 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations maybe applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: There are special conditions or circumstances that exist for most properties on
Mt. Sequoyah. This lot was originally platted and developed prior to zoning
regulations as were several other lots along this stretch of Texas Way. The
homes around Mt.Sequoyah were built close to the front property lines,because
of the considerable variations in elevation from the front to the back of the lots.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations
would deprive the applicant of rights con"only 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 building permit to
be issued for any improvements to the existing single family residence that
encroaches into the front building setback. Literal interpretation of zoning
regulations would deprive the applicant of rights enjoyed by the other property
within the same zoning district.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: The original layout of the subject lot was platted in the distant past prior to
zoning regulations and prior to the current ownership. Therefore the special
conditions on the site requiring a variance are not the result of the applicant.
Furthermore, the topography of the land limited the area in which a structure
could be located.
September 06,2005
KtReports120051BOA Reportst09-06-051BOA 05-1695Faucette.doc Board of Adjustment
BOA 05-1695(Faucette)
Page 2.3
4. No Special Privileges. That granting the variance requested will not confer on the
applicant any special privilege that is denied by Zoning,Chapters 160-165, to other
lands, structures, or buildings in the same district.
Finding: Granting the requested front setback variance will not confer special privileges
on this property. No additional development shall occur within required
setbacks.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or
buildings in the same district, and no permitted or nonconforming use of lands,
structures,or buildings in other districts shall be considered grounds for the issuance
of a variance.
Finding: No other nonconformities were considered as a basis of the findings stated in
this staff report.
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Tuesday, September 6,2005.
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 front and side setback variances are the minimum variance s
necessary to accommodate the existing house.
September 06,2005
K:lReporL020051BOA ReportsIO9-06 051BOA 05-1695Faucelle.doc Board of Adjustment
BOA 05-1695(Faueette)
Page 2.4
b. Harmony with General Purpose. The Board of Adjustment shall ftirther
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. The location
of this structure is similar in nature to other structures in the area. Many
smaller homes/structures in this older neighborhood are located closer to the
right-of-way than is permitted under current zoning regulations. The character
of the neighborhood along this stretch of Texas Way includes older structures
built with a variety of setbacks, many of them close to the front property line.
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 existing structure is a single family home, a use permitted by right in the
RSF-4 zoning district.
September 06,2005
K.Weparts120051BOA ReporlsI09-06-05WOA 05-1695Faucette.doc Board of Adjustment
BOA 05-1695(Faucette)
Page 2.5
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.
Citv-wide uses by right
III Unit 8 1 Single-family dwelling
(2) Conditional uses.
Unit 2 City-yode uses by conditional use pe"it
Unit 3 Public protection and utili facilities
Unit 4 Cultural and recreational facilities=
Unit 9 Two-family dwellings
Unit 24_ Home occupations
c t'
Unit 36 Wireless communications fadlifies
(C) Density-
le-family wo�,!a ly
lings T a
less 7 or less
(D) Bulk and area regulations.
Single-family Two-family
dwellings— dwellings
Lot minimum width 70 ft. 80 It.
Lot area minimum 8,000 sq.It. 12,000 sq-ft-
Land area per 8,000 sq.ft. 6,000 sq.ft.
(E) Setback requirements.
ide Re FE:
(F) Height. None.
(G) Buildingarea. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot.
(Code 1991,§l60.03I;0id-No-4J00,§2(Ex.A),6-16-98;0rd-No.4178,8-31-99)
KtReports12005WA ReporivW9-06-051BOA 05-1695 Fauceite.doc September 06,2005
Board of Adjustment
BOA 05-1695(Faucette)
Page 2.6
CORPORATE OFFICE Ar
CJ- G&A 3593 N.COLLEGE AVE.
FAYETTEVILLE,AR 72703
BUS.(479)521-6106
FAUCETTE FAX(479)521-0754
REAL ESTATE ROGERS/BELL-A VISTA El
2003 HORSEBARN RD.,STE. I
ROGERS,AR 72758
BUS.(479)273-0400
August 12, 2005 FAX(479)636-3193
FAYETTEVILLE F1
City of Fayetteville-Planning Department 3589 N.COLLEGE AVE.
Chair, Board of Adjustment FAYETTEVILLE,AR 72703
BUS-(479)521-0220
FAX(479)444-7546
RE: 87 Texas Way, Fayetteville, AR SPRINGDALE El
Request to the Board of Adjustment for a Variance of setbacks 3617 W SUNSET
SPRINGDALE,AR 72762
BUS.(479)751-3030
Dear Planning Department and Board Members: FAX(479)751-3176
SILOAM SPRINGS 0
Pursuant to the requirements of the Variance Request referenced above, this 801 HWY 412 WEST
letter will detail item numbers 3 and 7. SILOAM SPRINGS,AR 72761
BUS.(479)524-9353
FAX(479)524-9350
Item#3:
The dwelling on this property is estimated to have been constructed in the
1930's, It is a one level home with an unfinished basement and basement
garage. There is off-street parking via a driveway and garage-
The dwelling was constructed prior to any setback requirements in the city
code, and this request is to grant a variance for the front yard and west side
yard setbacks as follows:
The front porch of the dwelling is at the presumed street
right-of-way, hence there is no current setback. The request
is to grant a request for a variance to allow the current zero
foot setback from the front property line, accepting the
dwelling in its current and long-time condition- All
The west side yard setback is currently jU feet from the
dwelling. The request is to grant a variance to allow the
current (ff setback from the west side property line,
acceptin its current long-time condition.
Item#7: hel-
a- The dwelling has existed in its current condition
relative to the lot tines for approximately 70 years.
b. There are many dwellings located in the Western
Methodist Assembly addition that are similar to 87 CNIINAN'S
49N S
r 06,2005
djustment
(Faucette)
Page 2.7
Each Office Is Independently Owned And Operated.
c. Texas Way in not meeting the current setback
requirements imposed by the City of Fayetteville. It
is my understanding that some of these properties
have requested and been granted variances similar to
this request
d. As the dwelling has been constructed since the 1930's
and the current owner has owned the property since
1975, these conditions are not a result of his actions.
e. As noted in b. above, many dwellings in this area
contain similar conditions, therefore no special
privilege will exist as a result of the granting of this
variance request.
Respectfully submitted,
age"I a+ucee, Pfesident�, Coldw ell Banker Faucette Real Estate
Authorized Agent for Richard A- Patt,Property Owner
September 06,2005
Board of Adjustment
BOA 05-1695(Faucette)
Page 2.8
IV,,-17A�
765-12036-000
765-12036-000
766-12036-000
le
765-12013-0001
--S�\WCHARDPATT
SITEXASWAY
FyETTEVJL�LE,Alk-
7q5-12 09-0 ON'
m FaYe- Vill' 16
9
/X\
765-12011-000
UAILVIN H�L
89 TEXAS WAY
FAYMEVU.LE Mt
9
765-12012-000
9
7 4X
i 765-12002-000 76 -12004-000
AN IRONY SMITH f
922UGHTONIRAIL
rAYETTUVH-LE�AII-
765-12005-000
LIGHTON TRL
0
C�
I?
7
765-10146-000 765-10927-000
765-10145-000
f
September 06,2005
Board of Adjustment
BOA 05-1695(Faucette)
Page 2.9
VAG o) ,-
P�<.3 .-. 4�
W 00
k
oz
00 0
-4 0 IS
CZ Ln
tb'6 ----- ----
12,9.
98,
MR
00
4�
c ORNE
co
00
()a
x 0 0
z
wo September 06,2005
0 Z
�20 Board of Adjustment
M
U BOA 05-1695(Faucette)
�4 Page 2.10
00
Ar
-0 Ilz
Z7
W31
ell ...........
Y k4l,
M,
WRWWAM
..........
�H,LL LO
C'MPOELL
p.R,YE R
Y_�EnELL p
p,R E A
S
Mkp"
,rFfl'5x� X7
----------
OR
Pg.-
0 R N
54
A
igN,
MOR
BOA05-1695
Close Up View FAUCETTE
Of
SUBJECT PROPERTY
All
M
Legend
0
l90 �O��.,Di�d FLOODWAY 50(�R
100 YE,kR --UMI r OF STUDY
Bas Uno Pnfife
=F yetteviffgptember06,2005
ou �cit,Board of Adjustment
BO)05-BOA 05-1695(Faucette)
Page 2.13
0 37.5 75 150 225 300
Feet
BOA05-1695 FAUCETTE
One Mile View
R 2, T",-4�—
I�,N-W R�F s-,
�RS
-21a� 1�1
r
asp
k
4�1:r.Fsf4
J Q
a;R 11-1
RSp4
-�4
MI,
C-2-
T
WSF
P 1 TE
�33-0�
as SUBJECT PROPERTY
1 F asF4-j,
�4-
62 RSF�p!�Ftif4
R R4
c:3 F41
2
i s-EL I
p 6DOOCK
v&92�
S,
WZ0
4�
r I,
.24
-2
MP-24 RW 24
1, HUNpsV
ILLE M
RSF4 RSF4
W4
RW44
I SF4 'RSF4 P-1 jRYF�24 ��712
MF-12 R 4
a"4 RSF4
P, �f
R-0 RSF
-1
1-2 RW�4, RSFj4 C-2
A
g�,
41
RMF-24 r
2 R-A
c.1 N
N-16
1-2
4_24
Overview Legend Boundary
Subject Property Planning Area
BOAOS-1695 ....
Overlay Distrid
Outside City
F1
September 06,2005
;------ _L%Lend Board of Adjustment
A-KI 2 5 5 1 BOA 05-1695
00. 1 Am 0.5 0.7 (Faucette)
mliles Page 2.14