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Home My WebLink About2008-02-04 - Agendas 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. 2008 Board of Adjustment Members Robert Kohler (Chairman) Sheree Alt Eric Johnson William Chesser James Zant Robert Nickle Mark Waller **4 TY e eVi le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT Monday,February 4,2008,at 3:45 p.m. Room 326,City Administration Building The following items will be considered: New Business: 1. BOA 08-2896(YOUNG/DEANE SOLOMON,308): Submitted by DAVID MCKEE ARCHITECT for property located at 3481 N.DEANE SOLOMON ROAD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 2.20 acres. The request is for a 7'side setback(a 13'variance)to bring an existing non-conforming structure into compliance and allow for a small addition. PLANNER: DARA SANDERS 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 hearings;72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330. 7aye;a BOA Meeting of February 4, 2008 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Dara Sanders, Current Planner THRU: Jeremy Pate,Director of Current Planning DATE: January 30, 2008 BOA 08-2896 (YOUNG / DEANE SOLOMON, 308): Submitted by DAVID MCKEE ARCHITECT for property located at 3481 N. DEANE SOLOMON ROAD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 2.20 acres. The request is for a 7' side setback (a 13' variance) to bring an existing non- conforming structure into compliance and allow for a small addition. PLANNER: DARA SANDERS BACKGROUND: Property Description and Background: The subject property is located one lot north of the West Salem Road and Deane Solomon Road intersection,south of Highway 112. The property contains a single family dwelling, constructed in 1977, and two accessory structures. Currently, the existing garage encroaches approximately 13' into the north 20' side setback. The applicant intends to convert the second accessory structure to the east of the garage into a secondary dwelling unit, which will require an addition to the existing footprint. Currently,the second accessory structure complies with the 20' side setback requirement. Should the structure be expanded to the east, which will not encroach into the side setback, three trees will have to be removed. The applicant proposes to construct the addition 12.5' into the north 20' side setback in order to preserve the large.trees on site. Tree removal will not be required with an addition to the north. Should the applicant's request be approved, the subject property will adhere to a north side setback comparable to the existing garage and to those of the surrounding properties. The surrounding land use consists of single-family residential development with a density comparable to RSF-4. In 2005, the Planning Commission and City Council, finding that a higher density than R-A is appropriate for the area, approved a request to rezone the property to the east from R-A, Residential Agricultural, to R-PZD, Residential Planned Zoning District, with areas of density indicative to the RSF-4 zoning district with 3.6 du/acre. However, this project has not moved past the preliminary plat approval phase. Staff does not know if this project will be completed as planned. February 4,2008 K..IReports1200800A ReportsW-February 04WOA 08-2896(Younp,).doc Board of Adjustment BOA 08-2896 Young Agenda Item 1 Page 1 of 14 Table 1: Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Undeveloped RSF-4 South Undeveloped R-A East Residential R-PZD West Residential RSF-4 Proposal: The applicant is requesting a variance for the side setback requirements in the R-A zoning district to allow for a 7' north side setback to bring the existing garage into compliance and to allow for the proposed building expansion to the east of the garage. Table 1 Variance Request Variance Issue Ordinance Re uirementA licant's Request Side Setback(North) 20' 7' (a 13' variance Side Setback orth 20' 7' a 13' variance RECOMMENDATION: Staff recommends approval of the requested 13' variance for the existing nonconforming structure and proposed building expansion with the following conditions of approval: 1. No expansion of any existing structure,without Board of Adjustment approval, shall occur within the building setbacks,with the exception of that noted herein. 2. The Fire Marshall shall review and approve the requested structure,in tandem with the Building Code Official,to ensure both property owners are afforded the greatest safety possible. Should the Fire Marshall or Building Code Official require changes to the structure,noncompliance by the applicant shall void the variance. 3. Should the variance for the second accessory structure be approved,the applicant shall place the trees in a Tree Preservation Easement by a separate easement plat. 4. A building permit shall be obtained prior to commencement of any construction. 5. The applicant shall receive conditional use approval from the Planning Commission to construct an accessory dwelling unit prior to building permit approval. 6. Should the conditional use request for a secondary dwelling unit be denied, February 4,2008 KRePorts120081BOA RePor1S102-February 041BOA 08-2896(Youn 1.doc Board of Adjustment BOA 08-2896 Young Agenda Item 1 Page 2 of 14 the side setback variance for the second accessory structure shall be null and void. 1�NTrACTIOIV ❑approved ❑Denred ,�; Dateebnuary 4 2008,,,;tllfohon; Secon Vote Future Land Use Plan/City Plan 2025 Designation: Residential Neighborhood Area. These areas are almost exclusively residential in nature, with conventional setbacks. This zone recognizes conventional subdivision development but encourages traditional neighborhood development that incorporates low-intensity, non- residential uses. FINDINGS: City of Fayetteville Unified Development Code 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: Staff finds the request to bring the existing garage into compliance demonstrates sufficient special conditions to warrant granting a variance for this request. The location of the new addition will be in line with the existing garage. Significant and healthy tree canopy currently exists on the site, specifically to the east and west of the accessory structures. The fact that there limited directions in which to expand the second accessory structure without destroying the surrounding oak trees is a special condition, which is unique to the land. Should the variance request be denied and the applicant decide to move forward with the February 4,2008 BoaKlReports120081BOA Reports102-February 041BOA 08-2896(YounS).doc OA08fAdjustment _ BOA 08-2896 Young Agenda Item 1 Page 3 of 14 expansion of the existing structure without encroaching into the side setback, the applicant will have to cut down the trees to the east of the structure (see attached photographs). 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 allow for the continued existence of the garage as nonconforming, however it severely limits improvements that can be made to the structure. Staff also finds that the applicant's request to allow for a side setback of 7 feet is indicative of the RSF-4 zoning district, which is compatible with and comparable to the surrounding residential density. Staff finds that literal interpretation of the zoning regulations for the accessory structure will require the applicant to remove significant tree canopy from the property. Because the City considers tree preservation a high priority and the construction of an accessory dwelling unit is in line with City Plan 2025 to create attainable housing, staff supports the applicant's request. Staff finds that granting the variance will satisfy the safety and separation purposes of side setback regulations while observing the goals of the City Plan 2025. Should the applicant's request be approved, the subject property, will adhere to a north side setback comparable to the existing garage and to those of the surrounding properties. 3. Resulting.Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The existing nonconforming nature of the garage predates the applicant; however, the desire to expand the accessory structure is an action 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 variances will not confer special privileges on this applicant due to the unique and special conditions associated with this property. Allowing the applicant to expand the existing accessory structure into 13 feet of the side setback, for a setback of 7 feet from the north property line, is consistent with the setback requirements for adjacent property to the north and will not adversely affect the February 4,2008 K.IReporls120081BOA ReportA02-February 041BOA 08-2896(Younp,).doc Board of Adjustment BOA 08-2896 Young Agenda Item 1 Page 4 of 14 neighborhood. 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 the north side setback for the two existing accessory structures are to be accommodated. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: Existing nonconformities were not considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,February 4,2008. , 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 variances are the minimum variances necessary to bring the existing garage into compliance and to allow for the addition to the accessory structure as proposed. 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 requested variances 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 February 4,2008 KlReportA200800A Reports102-Febmary.0400,108-2896(Younp,).doc Board of Adjustment BOA 08-2896 Young Agenda Item 1 Page 5 of 14 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 property shall be subject to all applicable bulk and area requirements. Accessory structures are permitted by right; however secondary dwelling units are only permitted by conditional use. A conditional use request for a detached second dwelling unit (accessory dwelling unit) must be approved by the Planning Commission prior to issuance of a building permit. February 4,2008 klReports120081BOA Reports102-February 041BOA 08-2896(Youny,).doc Board of Adjustment BOA 08-2896 Young Agenda Item 1 Page 6 of 14 Site Pictures a f xf j s yr y East elevation of accessory structure and trees f i }f' h o South elevation of accessory structure and trees February4,2008 Board of Adjustment Kl Reporls12008WA Repo,is102-Febfuary 0400A 08-2896(Young).doc BOA 08-2896 Young Agenda Item 1 Page 7 of 14 S Y i � S 5 { South elevation of garage and separation between structures 7f _ Acc�ssocay ST��TJR'E Existing setbacks February 4,2008 Board of Adjustment K.IReporW20081BOA Repore102-February 041 BOA O8-2896(Youngj.doc BOA 08-2896 Young Agenda Item 1 Page 8 of 14 PROPERTY LINE SUflVETlXG W1E3 ADJUSTMENT n� RW4 F� XY.6TAi6SLWNWpY. GF�EW�E�XUFmA,E=�F�w3�A oxo EENGrn cXGv6 aEAeom oEsrA uiGl.E - - so.ao� N.»•Nc` e>".,o NGEsr a,'E a000cmnr+riw. ' PINPFR1rsIGC\lEUnmmmFID-A ns1SO lsoermexnwwuF ❑ I ' flrx �.H. 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McKee Architect City of Fayetteville 125 W Mountain Street Fayetteville, AR 72701 January 11 , 2008 To the Chair of the Board of Adjustment: I am writing on behalf of Ronald and Sherry Young, owners of the involved property, to request a variance for the 20 foot building setback at the north property line. If granted, this variance would establish a 6 foot building setback, allowing an existing, non-conforming garage building to become compliant as well as providing space for a small building addition. As required by ordinance, we will outline the criteria that lead to the variance request in this letter. a. There are several particular land conditions that apply to the property involved and which are not applicable to other lands, structures or buildings in the same district. First, there is an existing non-conforming garage building on the owner's property that encroaches 14 feet into the current 20 foot setback at the north property line. Second, there are numerous large oak trees that surround the existing building that the owner would like to preserve. The only feasible location for an addition that would not adversely affect the oak trees is on the north side of the building. b. The literal interpretation of the provisions of this ordinance would deprive the owner of several rights commonly enjoyed by other properties in the same district. First, the issue of the non-conforming garage building would not be resolved if the north property line remains as is. Second,the owner would be deprived of the ability to preserve desirable oak trees while adding to an existing building. Third, there is a development trend in this area toward higher density housing, four of the adjacent lots have been zoned as RSF-4 and it is likely that other surrounding lots will be zoned RSF-4 in the near future. While this proposal does not involve any re-zoning, it would allow a slight increase in housing density and would establish a 6 foot setback that is comparable to setbacks for RSF-4 and RSF-8. Additionally, this density increase is consistent with the City of Fayetteville's 2025 goal for attainable housing. 119'/2 Spring Street Fayetteville,Arkansas 72701 February 4,2008 Phone 479.527.9842 Board of Adjustment Fax 479.527.9942 BOA 08-2896 Young Agenda Item 1 www.davidwmckeearchitects.com Page 10 of 14 c. These special conditions and circumstances do not result from the actions of the applicant. The existing, non-conforming garage was built by previous owners well before the current owners were involved. As for the oak trees, they have likewise been a part of the property since long before the existing ownership. d. Granting the variance requested will not confer on the applicant any special privilege that is denied to any other lands, structures or buildings in the same district. Given that there is a development trend in this area towards higher density and that many adjacent lots are zoned RSF-4, this variance would establish a new building setback that is comparable and available to other properties in the same district. Please contact us with any further questions. Sincerely, Jessica Andrews Project Manager, David W. McKee Architect 119'/2Spring Street Fayetteville,Arkansas 72701 February 4,2008 Phone 479.527.9842 Board of Adjustment Fax 479.527.9942 BOA 08-2896 Young Agenda Item 1 www.davidwmckeearchitects.com Page 11 of 14 Boa08-2896 YOUNG/DEANE SOLOMON Close Up View ,ev,w HOWARD NICKELL RIT 01 O k v ,` } i v vv }' SUBJECT PROPERTY r y m \ d l 1 �i�s's�{p'Sx�r♦S".�"s'"V�-�" � 3'^ 23�F�` y.1('�'�"{'C sSit W �`'�Se � '. tr{3 Y .SALEM RO y > +eve k E trr „get u� ;.' .., , ...,\.a i;,.,, s�.�,C;,r.�reae:ti��c�� ;�5� 'u�� '.�" ��ir^��wnfl,.��w�yj �a.,M+ �r',' ,7t, .� � E � f ,.p5 ✓. � 1 Overview e 0 75 150 300 450 600 February 4,2008 o--. Board of Adjustment Feet BOA 08-2896 Young Agenda Item 1 age o BOA08-2896 YOUNG/DEANE SOLOMON One Mile View l � 1 'I I I - �� I11 II - v� to 9H SUBJECTPROPERTY II I i t HDYJABp NI<KELLRp I HO AR➢NIC�RE�R➢" -f� - i 1 ' I �V✓NYrF�OAk sY � ' y t�g�� " E ALEMRDI ._ SALEM RDI I SALEM RD I e � ILn a e °S znRS15 • „_ � L SF3.it �r a i^'a'r"4 s��r ��y��a `"" 3-�il�` � ana '- Fad" 9 s.• k i� �� - w d R m Overview Legend Boundary Subject Property y-i Planning Area - -❑ � s BOA08-2896 �000c Overlay District Outside City Legend ---- Hillside-Hilltop O erlay District - -- 0 0.25 0.5February 4,2 08 Board of Adjust nt Iles BOA 08-2896 Yo ng AggInd 1 Page 13 of 14 February 4,2008 Board of Adjustment BOA 08-2896 Young - Agenda Item 1 Page 14 of 14