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Home My WebLink About2012-12-03 - Agendas • Tae;ile 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, DECEMBER 3, 2012 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the November 5, 2012 meeting. New Business: 2. BOA 12-4269 (422 W. CLEBURN ST./HILL, 445): Submitted by HAMMER AND CHISEL, INC. for property located at 422 WEST CLEBURN STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.23 acres. The request is for a front setback variance to construct a new carport. Planner: Quin Thompson 3. BOA 12-4270 (339 N. WASHINGTON AVE./MCNAIR, 485): Submitted by BRET PARK for property located at 339 NORTH WASHINGTON AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acres. The request is for a variance of the rear and side setback requirements to construct a new detached garage. Planner: Andrew Garner 4. BOA 12-4271: (11 N. COLLEGE AVE./FIRST SECURITY BANK, 484): Submitted by FIRST SECURITY BANK for property located at 11 NORTH COLLEGE AVENUE. The property is zoned DC, DOWNTOWN CORE and contains approximately 0.55 acres. The request is for a variance of the minimum buildable street frontage for the development of a new bank. 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 (Telecommunication Device for the Deaf) are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330. • Taye evl e ARKANSAS 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 to Comment/Discussion and Questions by the Board F. Action of the Board (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 the staff and applicant presentations. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, stand and give your name and address. Address your comments to the Chairman, who is the presiding officer. After all public comments have been heard, the Chairman will direct your comments 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. 2012 Board of Adjustment Members Robert Kohler (Chairman) Jeff Hagers Evan Niehues Kristen Knight Tim Stein Matthew Hoffman Page 1 of 6 MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on November 5, 2012 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: October 1, 2012 Approved Page 2 New Business: BOA 12-4244: (824 N. COLLEGE AVE./GREY DOG,446): Withdrawn Page 3 BOA 12-4245 (1259 N. OAKLAND AVE./LEGACY,405): Approved Page 4 BOA 12-4246 (1045 N. HAMESTRING RD./TOWLER,434): Approved Page 5 BOA 12-4248 (1120 N. LINDELL AVE./WILSON, 405): Approved Page 6 MEMBERS PRESENT MEMBERS ABSENT Jeff Hagers Evan Niehues Tim Stein Matthew Hoffman Kristen Knight Bob Kohler (present after approval of minutes) STAFF PRESENT Andrew Garner Jesse Fulcher Quin Thompson Jason Kelley The meeting was called to order at 3:45 PM. Upon roll call all members were present except Kohler and Niehues. Board of Adjustment December 3,2012 Agenda Item 1 11-05-2012 minutes Page 1 of 6 Page 2 of 6 Approval of the minutes from the October 1,2012 Board of Adjustment meeting. Motion• Board Member Stein made a motion to approve the October 1, 2012 Meeting Minutes. Board Member Hoffman seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. Board Member Kohler arrived after the minutes were approved. Board of Adjustment December 3,2012 Agenda Item 1 11-05-2012 minutes Page 2 of 6 Page 3 of 6 BOA 12-4244: (824 N. COLLEGE AVE./GREY DOG, 446): Submitted by MOLLY CLARK for property located at 824 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.28 acres. The request is for a variance of the setback requirements. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. Board of Adjustment December 3,2012 Agenda Item 1 11-05-2012 minutes Page 3 of 6 Page 4 of 6 BOA 12-4245 (1259 N. OAKLAND AVEJLEGACY, 405): Submitted by BATES AND ASSOCIATES for property located at 1259 NORTH OAKLAND AVENUE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.17 acres. The request is for a variance of the minimum buildable street frontage. Quin Thompson read the staff report. Board Member Knight stated that she was concerned that the proposed development wasn't meeting design requirements, including principal fagade facing the street. Tim Brisiel, applicant,responded that the he would make the side of the building look like the front of a building. Board Chair Kohler noted that the board was being asked to vote on a reduction of the minimum street frontage requirement. Board Member Hagers asked how required drainage would relate to preserved trees if the building were sited in such a way as to face the street. Brisiel responded that the parking lot would negatively impact trees along the property line. Kohler said that the proposal did not look like a finished plan, and therefore could not determine if the request was for the minimum variance. Motion: Board Member Knight made a motion to table BOA 12-4245. Board Member Hoffman seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment December 3,2012 Agenda Item 1 11-05-2012 minutes Page 4 of 6 Page 5 of 6 BOA 12-4246 (1045 N. HAMESTRING RD./TOWLER, 434): Submitted by BATES AND ASSOCIATES for property located at 1045 NORTH HAMESTRING ROAD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.27 acre. The request is a variance of minimum lot area and setback requirements to allow the removal and replacement of an existing dwelling unit Andrew Garner, Senior Planner, gave the staff report. Derrick Thomas, applicant,was present for any questions. Patricia Roberts, daughter of the property owner,was present. No public comment was presented. Motion: Board Member Hagers made a motion to approve BOA 12-4246. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment December 3,2012 Agenda Item 1 11-05-2012 minutes Page 5 of 6 Board of Adjustment Meeting November 5, 2012 Page 6 of 6 BOA 12-4248 (1120 N. LINDELL AVE.1WILSON, 405): Submitted by GLEN WILSON for property located at 1120 NORTH LINDELL AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.31 acres. The request is for a variance of the setback requirements. Jesse Fulcher, Current Planner,read the staff report. Board Member Kohler asked if the request was for the building and cooler. Board Member Knight asked about the old deck that was on this side of the building. Fulcher read through the minutes from previous Board of Adjustment hearings that described the cooler and deck. Board Member Kohler asked the applicant why he didn't receive a building permit. Glen Wilson, owner, introduced a packet of information and pictures of the building, and stated that he thought the cooler line was the building setback set by the previous variance approval. Board Member Hoffman asked if they original structure was an awning. Fulcher stated that the picture of the previous patio area were never giving to staff. They appear to show something in the area being discussed. Board Member Hoffman asked if the old awning was removed. Wilson stated that they took it down to measure and replaced it. Board Member Kohler stated that the previous variances on this side of the building are unique and the applicant replaced the awning in virtually the same location. Fulcher clarified that there is slightly more existing right-of-way than required by ordinance. Motion: Board Member Stein made a motion to approve BOA 12-4248. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. There being no further business, the meeting was adjourned at 4:30 PM. Board of Adjustment December 3,2012 Agenda Item 1 11-05-2012 minutes Page 6 of 6 • T` ao 1 ye e BOA Meeting of December , 2012 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: Quin Thompson, Current Planner THRU: Jeremy Pate,Development Services Director DATE: November 26, 2012 BOA 12-4269 (422 W. CLEBURN ST./HILL, 445): Submitted by HAMMER AND CHISEL, INC. for property located at 422 WEST CLEBURN STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.23 acres. The request is for a variance of the setback requirements. Planner: Ouin Thompson BACKGROUND: Property Description and Background: The subject property is located at 422 W Cleburn Street at the corner of Vandeventer Ave and Cleburn Street. The property is developed with an approximately 2,725 square foot residence that was constructed in 1996 on a corner lot containing approximately 0.23 Acres. The home was originally constructed with a garage that was later converted to living space in recent years. The property does not currently have covered parking. The lot was platted and developed in compliance with the requirements of this zoning district, and the residence is compliant with all required setbacks. Table 1 shows surrounding land use. Proposal: As shown in Table 2, the request is for a 6 foot front building setback for a new two-car open carport of approximately 504 square feet where a 15 foot setback is required (a 9' variance). Table 1 Surrounding Land Use/Zoning Direction from Land Use Zoning Site North Residential RSF-4, Single Family Residential South Residential RSF-4, Single Family Residential East Residential RSF-4, Single Family Residential West Residential RSF-4, Single Family Residential G:IE Development Services Review120120evelopment Review112-4111 BOA 4944 W.Persimmon Sr(LHCFe11ow.t6W�814(Rd)8Atment 07-20121Comments and Redlines December 3,2012 Agenda Item 2 BOA124269 Hill Page 1 of 8 Table 2 Variance Request Variance Issue Ordinance Re uirement Applicant's Request Front Setback 15' 6' (an 9' variance Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends approval of the variance request. Additional Conditions/Comments: Conditions of Approval: 1. The design of the carport shall be consistent with the plan and rendering provided by the applicant and shall be submitted for review at the time of building permit. BOARD OF ADJUSTMENT ACTION: ❑Approved ❑ Denied Date: December 03, 2012 Second: Vote: Note: FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: (B)Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; G:IETCIDevelopmem Services Reviewl20l2lDevelopment Reviewl]2-4269 BOA 421 Cleburn St. (Hill)WI BOA112-03Board of Adjustment 20121Comments and Redlines December 3,2012 Agenda Item 2 BOAl2-4269 Hill Page 2 of 8 Finding: Staff finds that there are no special conditions and circumstances unique to this property which cause undue hardship, however, the existing home does not have covered parking, which is common in other single-family residences in the neighborhood. Site constraints, especially the existing home location and layout, leave few options for locating a new garage or car port structure on the site. (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: Granting the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The applicant has provided a carport that would be compatible with the home and surrounding neighborhood. There are a variety of home types and setbacks in this neighborhood, and the proposed carport in the front setback would not result in any adverse visual impacts. (C)Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land, building or structure. Finding: Staff finds that the variance being requested is the minimum setback adjustment that would be required to build a carport for two vehicles, given the existing conditions. These include location and layout of the existing home, and the location of the existing drive. The only available un-built area which could accommodate the proposed structure would be out of character with the existing residence and area. The dimensions of the proposed carport are typical of and not excessive to allow for the use,parking of two cars and circulation around them. (D)Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Staff has recommended conditions of approval, as listed on page two of this report. (E) Non permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: The RSF-4 zoning district allows single family residential use and car ports. G:IETCIDevelopment Services Review120120evelopment Reviewll2-4269 BOA 422 Cleburn St.(Hill)101 BOAI12-036oard of Adjustment 20121Comments and Redlines December 3,2012 Agenda Item 2 BOAl2-4269 Hill Page 3 of 8 Written Description of Variance Request To the Chair of the Board of Adjustment Regarding: proposed variance to 15' front setback requirement for 422 W. Cleburn Street Fayetteville,AR 72701 A Part of Lot Numbered One of Roy Adams Subdivision, a Re-plat of Part of Block Four, Wilson- Adams Addition to the City of Fayetteville Existing Building Size: 2516 Sq.Ft. Proposed Carport Size: 504 Sq.Ft. The variance being requested is to the front setback from the Cleburn St. right of way. The required setback is 15'. The requested variance is to a 6' setback to allow for the construction of an open carport 24' wide by 21' long (see attached isometric view and site plan). The variance is requested on the following bases: All of the existing structure is living space. Literal interpretation of the setback requirement would prevent the homeowner from constructing covered parking. Covered parking is common in this residential area. By having covered parking the homeowner would not be enjoying any privilege not enjoyed by the majority of the areas residents. It might also be stated that the homeowner and designer have been at pains to create an open design that would not obstruct views or detract from the character of the neighborhood (see attached isometric view). Board of Adjustment December 3,2012 Agenda Item 2 BOA124269 Hill Page 4 of 8 (Ij' 'C K c bJ 7 w K )' N89°56'37'E 100. x' z im a°• FA w 2 STORY FRAME HOUSE W422 z� xr , I ZIS I i'` 71 i a W. � i al >i 3 f i "` -i w 1 I r '°°°roux !6 1 . PT, LOT � 0.23 ACRES co"ClIM ' 9992.3 SO. FT. y .f I i L `I :may zoc S89056'291W 100.25' _CLEBURN STREE? (ASPHAT) 20 0 NIS`-' 40 60 — GRAPHIC SCA�E�-EET i 57' Board of Adjustment December 3,2012 Agenda Item 2 BOAl2-0269 Hill Page 5 of 8 g x Board of Adjustment December 3,2012 Agenda Item 2 BOAl2-0269 Hill Page 6 of 8 BOAl2-4269 HILL Close Up View HAWTHORN ST > W z RSF-4 W SUBJECT PROPERTY CLEBURN ST Legend - - ---- Multi-Use Trail (Existing) ......... Future Trails Fayetteville City Limits LW OAl2-4269 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict 0 37.5 75 150 225 300 Board of Adjustment ------ Planning Area Feet December 3,2012 Age da ite i BOA124269 Hill Page 7 of 8 BOAT 2-4269 HILL One Mile View -1 RSF4 Ry. IELM ST - •�•y �� W _ ELM ST ao 1-RSF4 SF B 1E JO DidLMF P� P _a4�1.12 F-24 < ELM ST •.� _ • p RA 14 N A 4 ,Z.. LMF44' II -1.. AR ST w W I -24 MF 0 V F34 SF4 RSF ~ 4 RMF2 R F-4Q I -614 .ST ROy a � �_` 1Lt11 a AIR sDR -1 m F -�RSF4 RSF4 P 1 a DEBRA DR �RSF4 DAVIS ST A$H ST , "RM Z Z . RMF-24 ,RSF4 iRSF-0RSF4 _ 1 oRvzd Q -0 I. RMF-24 0 'J ASH ST IC-2• W RSFd F120 RMF1 IW RSF-0 1 LL DR F4 RSF4 RIF CSRA 4 2 'DNA ST RS 1 .c SF<RSF-0 .RMF-24, _ RSF-0 P-1 RSF4W - It RSF4 ••••• � R(*f�12 RMF44 RSF4 • • Z EN S I, RMF-24 ,f W RSF4 ,• CSL VIN ST RSF FLEY STW '1!l RSF4 - RSF4 W CG V'AwS RS RSF4 CEDAR ST FSF4 RMF-24 CIO. 1 ' RMF-24 RMF P.1 N,EM0 •r •• - �R N S RSF4 RSF4 RSF4 _ IOLLY 8 4 1, F /O acpF-z4F +�'Fl y rt RMF-24 RSF-0 SUBJECTPROPERTY 4 c-2 H Fze` P RICIA LN RSF S a1 c-1 _cscSRM � Y �C.$ - - RSF4 3 RSF-0RSF� c-1 .. RIF WD RSF4 RA 11 RMF3YO RSF4 W RSF4 pd W R-0 R-0 R-0 ICS 0 ADA J W O Q R� RA -1 41 C7 RSF4 SF4 0 Q W pRSF-0C-1 46AXT = o HAWTHOR T pO Y Q R 3A 1D RSF4 RMF RP2O P-1 P MF-24 RSF4 > Q a -' RN ST d =RSF4 q F4 RSF4 RS F-0 RSF4 RSF4�RSF4 RSF-0 RSF4 D ay PROSPECT ST pECT - PROSPECT ST RSF4 RSF4 P-1 PROS RSF-4 R FJ R-0 t RSF4 RSF4 RSF4 RSF4 tR--O:R RENCCA ST >v R 4w W I A zo LOUIS'ST 6F44;. 2 F-y RSF-0W RIF Q SF-0� SF"4 P-1 Q 1 J RSF-0 RSF4 RSF4 RSF4 ; N$T RSF4 N J W 11II J P 01. ILA ST a C - RSF4 O J R3 O RM RM RSF4 F4 W RSF4 - RSF4 ? a RSF-0 RSF4 N RMF.c 1C. 1 RSF-0j RSF4 RSF4 > c ¢ MAPLE ST G $RSFd ('�MSC 0 RSF4 RSF4 RSF4 F�4 11 � RSF4 • v.1 J z F RMF T C 0 Z RSF4 p--- J W 2 RSF4RSF4 RIF ARKHAM -�� Msc Msc MMSG RSF>¢ BUT ST RSF4 N MSC MSC M SC MSC RSF4 _ c Q DIG. ON gT _ ' MSC 3 RSF4 R RSF4HOTZ DR � j a..MSG MS MSdJ RSF4 W MSC Sc MSC MSG MSc L RMF-24 M6C RIM p Mscw Mc SPRING ST F-24RMF34 'RJMF84 ( MscO� O MSC F14 RMF-20 R(. O 6150 MSC ' ...'ENTER ST W r I ::.. R1FpQ TQ RMF-2 P'1 • LN� P M 0 m MSC .JJ U l/1 '-• rR - RMF-26,`r IU• Q 0RM Sl m 1 O ROY POND DRF P.1 MscMsc Mscrns WMA JU P-1 <DOG BLV C v.1MH 1 Overview Legend BOA 12-4269 6 Subject Property _I BOArz-azss Desi n Overlay District � - - - Boundary _ _ _ Plan ing Area _ FayE tteville 0 0.25 0.5 1 M IeSBoard of Adjustment December 3,2012 Agenda Item 2 BOA124269 Hill Page 8 of 8 • aye eve e BOA Meeting of December 3, 2012 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: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: November 28, 2012 BOA 12-4270 (339 N. WASHINGTON AVE./MCNAIR, 485): Submitted by BRET PARK for property located at 339 NORTH WASHINGTON AVENUE. The property is zoned RSFA, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acres. The request is for a variance of the rear and side setback requirements to construct a new detached garage and a variance to bring the existing residence into compliance. Planner: Andrew Garner BACKGROUND: Property Description and Background: The subject property is located at 339 North Washington Avenue in the Washington-Willow Historic District. The property is zoned RSF-4, Residential Single Family Four Units Per Acre and contains 0.26 acres. The property contains a 3,363 square foot single family residence that was constructed in 1888. The property is accessed by an existing drive to Washington Avenue that runs along the north side of the house for approximately 80 feet. There is no covered parking area on this property, however, there is room for approximately four cars to stack in the driveway to the north of the house and striped on-street parking directly in front of the house for approximately three vehicles. It is a common condition in this older historic neighborhood for homes not to have covered parking and to park either off-street in a driveway or on- street. The homes on this block of Washington Avenue and along the western edge of the Washington-Willow Historic District are adjacent to commercial uses along College Avenue. There are various offices and a grocery store that are adjacent to all of the homes in this immediate block. The surrounding land use and zoning are depicted in Table 1. Table 1 Surrounding Land UselZomr Direction from Land Use Zoning Site North Single family residential R-A, Residential Agricultural South Single family residential R-A, Residential Agricultural East Single family residential R-A, Residential Agricultural West Marvin's grocery store MSC, Main Street Center G.IETCIDevelopment Services Review120120evelopment Review112-4246 BOA 1045 N.Hamstring Rd.(Towler)101 B0A111-05- 20121Comments and Redlines Board of Adjustment December 3,2012 Agenda Item 3 BOAl2-4270 McNair Page 1 of 14 Proposal: There is a small portion of the southern edge of existing home encroaches one- foot into the south side setback. The applicant requests a variance to bring the existing home into compliance. The applicant proposes to construct a new detached two-car garage into the western rear building setback and southern side setback. A site plan showing the two-car garage has been submitted by the applicant. The site plan also shows an addition to the existing home however, this addition, complies with all zoning requirements. The variance requests are listed in Table 2 and described in detail in the applicant's letter. Table 2 Variance Re uest Variance Issue Re uirement Applicant's Request Southern side setback(existing home 5 feet 4 feet 1-foot variance Western rear setback (new detached arae 15 feet 5 feet 10-foot variance Southern side setback new detached garagel 5 feet 3 feet 2-foot variance Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends approval of the requested variance to bring the existing home into compliance. (It should be noted that this variance for the existing home is not needed to construct the proposed addition.) Staff recommends denial of the requested variance for the new detached garage finding that there is not a hardship that justifies the variance, as discussed herein. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: December 3, 2012 Motion: Second: Vote: FUTURE LAND USE PLAN DESIGNATION: Residential Area FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. Gr I ETCI Development Services Review120111 Development Review111-4170 BOA 339 W. Washington Ave. (McNair)101 BOA 111-0,- 20121Commenis and Redlines Board of A Justment December 3,2012 Agenda Item 3 BOAl2-4270 McNair Page 2 of 14 Certain variances of the zoning regulations may be applied for as follows: (B)Requirements far variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; Finding: Strict enforcement of the zoning ordinance would not cause undue hardship to the property owner. As a whole, the lot is of sufficient width and area to allow the construction and use of a single family dwelling, which has occurred for over 100 years. That the owner wants to construct a new detached two-car garage is not a hardship. There is adequate room for parking on the property and in Washington Avenue directly adjacent to the residence. Should other new development be proposed in the same district or on the same street, they would be required to conform to the 15-foot rear setback and 5-foot side setback requirement as does the subject property. It is also common in this historic neighborhood for homes not to have covered parking and to park in driveways or on the street adjacent to the home. However, there is more than adequate room for a new garage or carport to be constructed on this lot and meet all building setbacks. (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: To grant a variance for encroachment of a new nonconforming garage on this lot would not be in keeping with the spirit and intent of the zoning ordinance. The RSF-4 setbacks are intended to provide substantial perimeter separation between adjacent structures in a low density environment. Proposing a detached garage within five feet of a grocery store parking lot and within three feet of the residential lot to the south is not consistent with the intent of the RSF-4 zoning district. (C)Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land, building or structure. Finding: The requested variances are not necessary to make possible the reasonable use of the applicant's land, building, or structure. As discussed in Finding No. 1, the property has been used for over 100 years as a single family residence. There is more than adequate room for a home, parking, and a yard without encroaching into the building setbacks. (D)Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to C:IETCIDevelopment Services Reviml20l2lDevelopment Reviewl]2-4270 BOA 339 W. Washington Ave.(A-fcNair)101 BOal12-Odi- 20121Commenis and Redlines Boar of A justment December 3,2012 Agenda Item 3 BOAl2-4270 McNair Page 3 of 14 protect adjacent property. Finding: Staff has not recommended conditions of approval. (E) Non permilled Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: Single-family dwelling units and detached garages are a use permitted by right in the RSF-4 zoning district. G.iETClllevelopmeul Services Reviev,12012VDevelopmeM Re "112-4270 ROA 331 W. W"hbrgroir Ave. (McNair)W 8OAI!�-03- 2012lConrrre fv and Redlines Board WAddJ,ustment December 3,2012 Agenda Item 3 BOAl2-4270 McNair Page 4 of 14 Fayetteville Unified Development Code 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. FF—Unit 1 1 City-wide uses by right 11 Unit 8 1 Single-family dwellings 11 Unit 41 1 Accesso dwellin s (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 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cotta a Housing Development (C) DeriAt . Single-family Two-family dwellin s dwellin s Units per acre 1 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family 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 Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq.ft. 12,000 sq.ft. District Lot area minimum Land area per 8,000 sq.ft. 6,000 sq.ft. dwelling unit (E) Setback requirements, Front Side 1 Rear 15 ft. 5 ft. 1 15 ft. (F) Budding height regulatinns- 11 Building Height Maximum 1 45 ft. Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in,and not considered nonconforming uses, (ord.#4858). (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;Ord.41858,4-18-06;Ord,5028,6-19-07;Ord.5128, 4-15-08;Ord 5224,3-3-09;Ord.5312,4.20-10;Ord.5462,12-6-11) G:I ETCIDevelopment Services Review120120evelopmenl Review112-4270 BOA 339 W. Washinglon Ave.(McNair)I06910rdIdFQfiustmenl 2012IComments and Redlines December 3,2012 Agenda Item 3 BOAl2-4270 McNair Page 5 of 14 (PARK • ARGH 0 12 November 2012 Mr. Bob Kohler Chair, Board of Adjustments 113 W. Mountain Street Fayetteville, AR Dear Mr. Kohler, On behalf of Malcolm and Martha McNair, owners of the property at 339 N. Washington Avenue, we request a 5' rear setback(a 10' variance) along the western boundary, and a 3' side setback (a 2' variance) along their southern boundary, for a proposed 2-car, single story, detached garage at the rear, southwest corner of their lot. In addition, we are requesting a 4' side setback (a 1' variance) for a portion of the existing house to address an existing non-conforming condition that predates zoning requirements. The residence currently is 3,363 square feet and has an existing non- conforming condition along the southern boundary of their property. We are proposing a 627 square foot detached garage at the southwest rear corner of their lot. The detached garage will house 2 cars, and one additional off-street parking place will be provided. There are some existing conditions that substantiate this request. 1. Special conditions exist for this property. a. The rear property line is shared with a grocery store. Specifically this property is directly adjacent to the loading dock. View and noise is a nuisance for this house. This is the primary special condition of this property. b. There is insufficent off-street parking for a house of its size. C. The applicant wishes to build a garage in the back, in keeping with the historic architectural nature of the street. d. The lot is too deep to back a car out easily the entire depth, so it's necessary to have turn-around space. e. With adequate turn-around space, a 2-car side-by side garage would occupy the majority of the back yard. f. The house is old, built in 1888. Board of Adjustment December 3,2012 Agenda Item 3 BOAl2-4270 McNair Page 6 of 14 g. The UDC will allow the garage to be built without a variance in the location shown, if the structure is less than 10' tall. To meet this requirement, the garage would need to have a low slope (flat) roof. h. The consistent separation between similar properties that is the result of setbacks is not applicable in this situation. There is no residential neighbor to the west. i. Desiqn Solution: We're proposing a single story tandem garage with a 12/12 roof pitch to match the house. The garage will be located in the southwest corner of the property. It's worth noting that the location of this structure would be allowable without adjustment if its height is less than 10'. However, it is the height of the structure that helps most in addressing the problems associated with the adjacency to the grocery store loading dock. The taller, 12/12 sloped roof is also more consistent with the historical character of the house and the overall district, than a flat roof. The tandem garage aligns two cars, bumper to bumper, so the shape of the building's footprint is an elongated north-south rectangle. This works best to preserve some backyard space between the house and the new garage. More importantly, the length of the structure acts to shield the property from the loading dock. 2. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district. This property, its special conditions, and this design proposal coordinate with each other and work together. It is a specific solution to a specific problem. This house suffers from its adjacency to the loading dock of the grocery store. There are noisy deliveries by semi-trucks at odd hours. This design proposal helps to alleviate the noise and perception of activity of this loading dock, thereby helping to remedy this situation. To some extent, the implementation of this design will help restore the the conditions of a private, quiet back yard that is enjoyed by other properties in the same district. 3. The special conditions and circumstances of this property do not result from the actions of the applicant. Regarding the existing non-conformities, the house was built in 1888 and predates zoning requirements. The applicant acquired the property in 1986. Regarding the detached garage, this is a choice by the applicant to address a problem that was not of their making, specifically the adjacent nuisance of the grocery store loading area. It happens to be that a garage structure helps to remedy this problem and satisfy other functional needs simultaneously. Board of Adjustment December 3,2012 Agenda Item 3 BOAl2-4270 McNair Page 7 of 14 4. Granting the variance will not confer on the applicant any special privilege that is denied to others in the same district. Within this district, there are numerous examples of encroachments on setbacks with primary structures and accessory buildings. Most of these predate the implementation of zoning requirements, but they remain a persistent feature of the character of the district. In summary, this request accommodates a solution to a specific problem. It would be permissible to build this tandem garage with a flat roof in this location without a variance. However, the height of a pitched roof will allow adequate screening from the loading dock. It will also provide design consistency with the house and the district. Importantly, allowing this variance does not impose any difficulty by reducing separation from an adjacent residential neighbor. Thank you for your consideration. Sincerely, a...am w-ma Nadu. Bret Park, Park Company Architects r Board of Adjustment December 3,2012 Agenda Item 3 BOAl2-4270 McNair Page 8 of 14 W W N 00'02' 32" E 72.75' W 10 z r A In = O 15-REAR SETBACK L � r -0 13 Z N N N F; 01 lm i D C m m I ° ,�» ° mss ° n a a o m o z rn a N W a � � Q m a m -n D N N N D m d rn W ° ° ° 1 -i = M In ' " " Iw rn � Z �rJ--------------- _I ' > r ' ♦__________ IT i W M — 4 I D I o I 4'_0" � rn IJ 2 X O M . o U) N W I , S1 D W ° rn W WI I � t - rn IL n � m Q �z a -0 _ 1 5'FRONT SETBACK E: v n W -p ` ' D O D ZR.O.W. R.O.W. 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FutureTiails _ __; Fayetteville CityUrnits- OAl2-4270 _ Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay District Design Overlay Ditrict 0 37.5 75 150 225 300 ------ Planning Area Feet Board of Adjustment s BeeembeF 3,2012 Agenda Item 3 BOAl2-4270 McNair Page 12 of 14