HomeMy WebLinkAbout2004-10-04 - 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,October 4,2004, 3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of Minutes from the 09/07/2004 meeting.
New Business:
1. BOA 04-1231 (TRUMBO/MCKINNEY,292): Submitted by NATHAN MCKINNEY for property located at 2611
ELIZABETH AVENUE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.57 acres.
The requirement is for a 25'setback. The request is for a 20' setback (a 5'variance.)
Property Owner: SEAN TRUMBO Planner: SUZANNE MORGAN
2. BOA 04-1233(HABITAT FOR HUMANITY/OLSZEWSKI,562): Submitted by PATSY BREWER for property located at
LOT 8 BLOCK I BURL DODD ADDITION. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains
approximately 0.19 acres. The requirement is for a 60'lot width. The request is for a 58'lot width(a 2'variance.)
Property Owner: JOANNE OLSZEWSKI Planner: LEIF OLSON
3. BOA 04-1235(MATHIS,526): Submitted by SHANNON MATHIS for property located at 528 HAPPY HOLLOW. The
property is zoned RSF-4,RESIDENTIAL SINGLE FAMILY—4 UNITS PER ACRE and contains approximately 0.48 acres. The
requirement is for a 70' lot width. The request is for a 63.5' lot width(a 6.5' variance.)
Planner: SUZANNE MORGAN
4. BOA 04-1238(PERKINS,485): Submitted by BRET PARK for property located at 218 W SUTTON STREET. The property
is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.23 acres. The request is for a 1,112 s.f variance
for the lot area,an 8.5'variance for the lot width,a 16'variance from the required 25'front setback, a 3'variance from the east side
setback,and a 16'variance from the required 20'rear setback to accommodate an addition with an attached garage.
Property Owner: VIRGINIA PERKINS Planner: JEREMY PATE
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
me open and available for inspection in the office of City Planning(575-8267),125 West Mountain Street,Fayetteville,Arkansas.
All interested parties me invited to review the petitions. Interpreters or TDD for hearing impaired am available for all public
hearings;72 hour notice is required. For further immmation 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 bearing 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.
2004 Board of Adjustment Members
Sherrie Alt
Michael Andrews (Chairman)
Michael Green
Robert Kohler
James Kunzelmann
Bob Nickle
Joanne Olzewski
FAYETTEVILLE BOA Meeting of October 04, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W_ Mountain St
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning&Development Administrator
DATE: September 30, 2004
BOA 04-1231 (TRUMBO/MCK11*4MY,292): Submitted by NATHAN MCKINNEY for
property located at 2611 ELIZABETH AVENUE. The property is zoned RSF-4, SINGLE
FAMILY-4 UNITS/ACRE and contains approximately 0.57 acres. The requirement is for a 25'
setback. The request is for a 20' setback(a 5'variance.)
Property Owner: SEAN TRUMBO Planner: SUZANNE MORGAN
RECONMIENDATION:
Staff recommends approval of the requested 5' setback variance as shown on the attached
site plan with the following conditions:
1. No expansion or reconstruction of the existing structure,without Board of
Adjustment approval, shall occur within required setbacks as established by
zoning,with the exception of that noted herein.
BACKGROUND:
Property description: The subject property is located at 2611 Elizabeth Avenue in Oaks Manor
Subdivision and is zoned RSF-4, Residential Single-family, 4 units per acre. A previous property
owner built an addition to the home and a wood deck. The location of this addition resulted in a
27.5 square feet portion of the northeast comer of the home and deck encroaching into a 25' front
building setback. The base of the deck is less than 30"above ground level and is therefore
permissible within the building setback. However, the distance from the eave of the structure to
the north property line is 20'. A 5' variance is required to bring the structure into compliance.
Proposal: The applicant requests a 20' front setback(a variance of 5')along Meadowdiff Drive.
The purpose is to allow for the existing structure to conform to required setback regulations.
K-WeportWOMROA Reports110-04-04WA 04-1231(Tmmbo).doc October 04,2004
Board of Adjustment
BOA 04-1231 (Trumbo/McKinney)
Page 1.1
Ordinance Requirement pplicant's Request
Rear Setback 25' 20' (a 5' variance)
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family residential RSF-4, Residential single-family, 4 units/acre
South Single family residential RSF-4, Residential single-family, 4 units/acre
East Single family residential RSF-4, Residential single-family,4 units/acre
West Vacant RSF-4, Residential single-family, 4 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 addition to the existing single family structure was constructed with a
portion encroaching into the northern 251 setback. This property is adjacent
to two rights-of-way to the north and east. As a result, two front building
setbacks of 25' are required along the north and east property lines. While
infrastructure exists on Elizabeth Avenue, Meadowcliff Drive has not been
constructed. These circumstances are peculiar to this site and structure.
Granting a variance will allow the home to be compliant with all zoning
regulations.
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 prohibit the existing
structure from zoning compliance and may limit future development on the
property-
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
K.tReportsL?004WO,4ReportsUO-04-04WO,4 04-1231(Tmmbo).doc October 04,2004
Board of Adjustment
BOA 04-1231 (Trumbo[McKinney)
Page 1.2
Finding: The circumstance which has arisen does not result from the actions of the
applicant,but was an oversight of a previous owner in the construction of an
addition to the existing home.
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 the applicant. No additional development shall occur within
required setbacks, and all bulk and area regulations with the exception of the
north front setback are accommodated with the existing development.
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, October 04,2004.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons setforth 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 variance is the minimum variance necessary to
accommodate the existing structure.
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
K-TeportsV00400A Repor&110-04-041BOA 04-1231(Tmmbo).doc October 04,2004
Board of Adjustment
BOA 04-1231 (Trumbo/MclUnney)
Page 1.3
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 existing is single family residential, a use permitted by right in
the RSF-4 zoning district.
K.Weports120041BOA ReportsUO-04-041BOA 04-1231(Tmmbo).doc October 04,2004
Board of Adjustment
BOA 04-1231 (Trumbo/McKinney)
Page 1.4
161.07 District RSF-4,Residential Single-Family—Four Units Per Acre
(A) Purpose. The RS174 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) Permitteduses.
1 Unit 1 CiW—vVide uses by right
I Unit 8 if Single:��L_
(2) Conditional uses.
UnK2 r-ity-wirle uses by conditional use permit
Unit 3 Public protection and utility facilifies
Unit 4 Cultural and recreational facilifies
Unit 9 Two-family dwell ngs
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Sing!e-'a ily Mf mlly
dwel ings" dTwe ia
Units per acre 1 4 or less 7 or leis�s
(D) Bulk and area regulations.
Single-family Two-family
dwellinqs dwellinqs
Lot minimum width 70 ft. 80 ft.
60
00fl
0_
Lot area minimum 8,000 sq.ft. 12 , ft
Land area per 8,000 sq.ft. ]6,000 sq.ft.
dwellin2u�
(E) Setback requirements-
Front Sidee— Rear
25 ft. 8 ft. lil 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.
151.01 Definitions
Sethack rear. (Zoning)
(A)A setback extending across the rear of the lot between inner side setback lines. In the case of
through lots and corner lots,there will be no rear setbacks, but only front and side setbacks.
K.Reports127004WA Reports110-04-041RSA 04-1231(Trumbo).doc October 04,2004
Board of Adjustment
BOA 04-1231 (Trumbo/MeYinney)
Page 1.5
F= ryfy
I
REAL ESTATE
1108 North College * Fayetteville, Arkansas 72703 (479) 442-0888 Fax (479) 442-0860
September 2, 2004
To: Chair, board of adjustments
From: Nathan McKinney
Re: Variance request, 2611 Elizabeth, Fayetteville, AR
The subject property adjoins a portion of Meadoweliff Drive which has not
been developed or maintained by the city of Fayetteville.
Several years ago, previous owners built an addition to the home and a deck.
The home has been bought and sold twice or three times since the addition
took place. I recently discovered the attached plat which shows that the
comer of the home lies within the building setback lines. A large portion of
the deck is also in this setback.
The applicant and other previous owners were unaware that the 25' side
setback applied to this lot until very recently. All improvements are within
an 8' setback, which is the likely intent of a well-meaning builder several
years ago.
The applicants respectfully request this variance due to the nature of the
situation. Neither the applicant nor I can see any hardship or material effect
on property values or land use if the request is granted.
Please advise if you need anything further.
October 04,2004
Board of Adjustment
BOA 04-1231 (TrumbotMeKinney)
Page 1.6
PLAT-OF-SURVEY
-MF,A I)E)WGt:3 FF _Df?_w-E
RIW N 89035' W 150.0'
BLDG. SETBACK
0
0.
Go 'p i� 0
16
Go
�.N
"'01
0
0 0
21 LOT 10
BLOCK 13
LIT,L—t
TY EASENE
2
1%4'
F.u�d S 89* 35' E 15 0.0'
Pi..h.d
Pipe
Gyner: James and O'in Wood SCALE.
IN FEET
Address: 2611 Elizabeth Ave.
Fayetteville, Arkansas 31F is�01
SURVEY DESCRIPTION CERTIFICATION
Lot Numbered Ten (10) in Block Numbered Thirteen (13) of oaks
Manor Addition to the City of Fayetteville, Arkansas, as perplat
of said Addition on file in the office of the Circuit Clerk and
Ex-Officio Recorder Of Washington County, Arkansas. Cf
NOTU This Property does not lie in ZONE 'A/AEt (Special Flood LEGEND
Hazard Areas inundated by 100 YBdT flood) as determined * —FOUND]RON PIN
from the FIRM Hap Of Washington County, Arkansas, and
Incorporated Areas, Hap Number 05143CO094 C, effective date 0 —SETARON PIN
September 19, 1991. 0 —STONE MARKER October 04,2004
_WA�ME -X-X--FXISTING FENCE Board of Adjustment
Bronson Abstract (TrumbolMeVinney)
Alan Rei Fayetteville COUNTY.. Was Page 1.7
35H9 N CWkAc A�. &AM hiamton
Sww 202
Faycu�iflc,Arkan5as 727M PROFESSIONAL Arkansas Oct. 7, 1992
5014449784 1 VM Nu--
BOA04-1231
Close Up Ifiew TRUMBONCKINNEY
ilk j��i
0/
RSF�4
R1
—————-- —————-
i�!\, r
v
E ........
7
10
RSF-4
I ED RSF-4
-——————— DBROOK DR
NIL
LIZABETH AVE
t
Overview Legend
C90000 Principal Medal FLOODWAY
da ,,a OverayDradd
Master Stree Plan reseass MidorArteaal 100 Y11AR
Master Strad:!Ren ........ 5()()YEAR
F.dyl�pdaaamy 0 0 HiAWnd Calle,for LIMIT OF STUDY
Balrel-fte,N.D.
ME BOA04-1231
Fayetteville October 04,2004
Board of Adjustment
Ou,,,dA City
0 75 150 300 450 60POA 04- 231 (Trumbo/McKinney)
NWN6WNii;;;;J===MMM119 Feet Page 1.8
BOA04-12311 TRUMBO/MCKINNEY
One Mile View
'iclic
ic
f>1 'c R"F-�4 R R-A
r- C-2
It
ir�171!" q,
'fs '
R-0
'R
4
SFr I
c-Z 4i
A
_d['RSFF�
J R-0i; RT 12 j' RSF. �—_M
RSF4 CL2 . .....r
R
Ll
Ai C-2
!.Pegy
"�j
(>2
n,
"Ifuz 2
-ip
Of .'Tf
: =; 1! P-1 SF4
-- ---- RSF-4—-
Lg�
—I,suilialf
J t - I
R
1, 12 7,� f,
t�b
4
tit
Sl=14
-SF41;441' p�-Y-.'
124 ,RSF,4 17�1--—tk�� R
T_
W1 Ec2 _Rs R
4�RSF,f
of E"L
T�' �L
21 i , ; Ii"*_ - -. ,
4__ f
F-24 �[F
L�t_ Ji'l
R-0 i
G-2 �SF;4
R
E
F-24
0 'PEk
10 jkj�I J[-_�
C-2
T 11F 1 41
.I......24111-I—tL 1,._RPF
If �1. 41 — �j—-� �� � I'I R-A
J
J K
It
if
RPZD
C-21
W,
P-1
L,ii FU$F4.�'-
lo, -1 f 7
4"
L PSF4—!
S"--P;
JjfR -
RSF-4
A
4F 24
L_,J RSF4
PA
"Z�
�!F: L
L
1_A 4
4
_;J
4
P-1
"At-q
RSF-_�
R-A
4
o
on :;R! I
sf�_
41—
F4
12 12 JZF-�
P-1 I, ';'
IRS
17
Overview Legend Boundary Streets Master Street Plan
Subject Property Planning Area Steals Master Street Plan
BOA04-1231 P...%Oveftay District F.,�,..y
Plai�PfincipalArtenal
.Mmi-Aii
Outside City es�r
04* HMadcCi
October 04,2004
Board of Adjustment
0 0.1 0.2 0.4 0.6 0-8 BOA 0 -1231 (Trumbo/McKinney)
Mile,4 I Page 1.9
FAYETTEVILLE BOA Meeting of October 4, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Leif Olson, Associate Planner
THRU: Dawn Warrick, AlCP, Zoning &Development Administrator
DATE: September 29, 2004
VAR 04-12M: Variance (Olszewski, pp 445) was submitted by Joanne Olszewski for Lots 8
and 9 in Block I of the Burl Dodd Addition. The requirement is for a 60' lot width. The request
is for 58' lot width(a 2' variance.)Planner: Leif Olson
RECOMAWNDATION:
Staff recommends approval of the requested 2-foot.lot width variance for both lots 8 and 9
of Block I in the Burl Dodd Addition, as shown on the attached site plan with the following
condition(s):
1. The proposed development shall comply with all other development regulations for
a single-family home in the RSF-4 zoning district.
2. Only one(1) single family dwelling unit and customary accessory building may be
erected on the subject lot of record, Lot 8,Block 1,Burl Dodd Addition.
3. A building permit shall be obtained for this project prior to commencement of any
work.
BACKGROUND:
Property description: The subject properties are Lot 8 and Lot 9, Block I of Burl Dodd
Addition, located on the west side of Washington Avenue south of I I th Street. The site is zoned
RMF-24, and is surrounded by RMF-24 Zoning with primarily single family homes. These lots
were platted prior to current zoning regulations which call for a minimum 60 feet of frontage for
a single family use. Both lots are dimensionally identical and each contains a total lot area of
8,276 square feet,which meets the minimum lot area of 6,000 square feet for this zoning district.
Proposal: The applicant is requesting a 2' variance for a total 58' of frontage rather than the 60
K.WeportsU0041BOl Reportsl]0-04-041BOA 02-1233(Hahitat-Olszewski).doc October 04,2004
Board of Adjustment
BOA 04-1233(Olszewski)
Page 2.1
feet required by zoning regulations in the RMF-24 zoning district. The purpose is to allow for
construction of a single family residence on Lot 8.,The existing lot width was platted prior to
current bulk and area zoning regulations.
Ordinance Requirement ::�:Applicant's Request
Lot width 1 60' 5 8' (a 2' variance)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single family home RMF-24, Multi-Family Res, 4-24 DU/Acre
South Single family home RMF-24, Multi-Family Res, 4-24 DU/Acre
East Single family home RMF-24,Multi-Family Res,4-24 DU/Acre
West Single family home RMF-24, Multi-Family Res, 4-24 DU/Acre
GENERAL PLAN DESIGNATION Residential
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: These lots were created prior to the adoption of current zoning regulations,
and contain less frontage than that required by the RMF-24 zoning district.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would not allow a single family
dwelling to be constructed on the existing lot 8. The applicant is requesting a
variance for minimum lot width for the development of a single family home.
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. These lots were
platted with 581 of frontage prior to current zoning regulations and
ownership by the applicant.
XlReports120041BOA Reportsi]0-04-041BOA 02-1233(Habitat-Olszeivski).doc October 04,2004
Board of Adjustment
BOA 04-1233(Olszewski)
Page 2.2
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: Granting the requested lot width variance will not confer special privileges.
The use of the property for single family residential development as indicated
by the applicant is permitted by right within the RMF-24 zoning district. All
bulk and area regulations are met with the exception of lot width.
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, October 4,2004.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify
the granting of the variance,and that the variance is the minimum variance
that will make possible the reasonable use of the land, building, or
structure.
Finding: The requested lot width variance is the minimum variance necessary to
accommodate single family residential use.
b. Harmony with General Purpose. The Board of Adjustment shall further
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.
K-Weports120041ROA Reportsl]0-04.-041BOA 02-1233(Hahitat-013zewski).doc October 04,2004
Board of Adjustment
BOA 04-1233(Olszewski)
Page 2.3
C. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations.
Finding: Staff has recommended conditions for this request which are stated on page
one of this report.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under Zoning
in the district involved, or any use expressly or by implication prohibited
by the terms of the zoning regulations in said district.
Finding: The proposed use is single family residential, a use permitted by right in the
RMF-24 zoning district.
161.13 District RMF-24,Residential Multi-Family—Twenty-Four Units Per Acre
(A) Purpose. The FJvIF-24 Multi-family Residential District is designed to permit and encourage the developing of
a variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10_ Three-family dwellings
Unit 26 Multi-family dwellings
(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 25 Professional offices
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 1 4 to 24
(D) Bulk and area regulations.
(1) Lot width minimum.
irk 10oft.
-tured
50 ft.
K.lReports120041BOA Reports110-04-04WA 02-1233(Habitat-Olszewsk#.doc October 04,2004
Board of Adjustment
BOA 04-1233(Olszewski)
Page 2.4
Three or more 91)ft.
Profe,, 3 1 10off.
(2) Lotareaminimum.
Manufactured home park 3 acres
Lot within a mobile 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 7,000 sq.ft.
Three or more 9,000 sq.ft.
I Fraternity or Sorority ages
;cr- :::Ii
I[P—rof—es'sio—na—I_offi_c_e:s:: es
(3) Land areaper dwelling unit.
Manufactured home 3,000 sq.ft.
Apartments:
*No bedroom 1,700 sq.ft.
-One bedroom 1,700 sq.ft.
-Two bedroom 2,000 sq.ft.
Fraternity or Sorority 1,000 sq.ft. per resident
(E) Setback requirements .
1!I Front I Si
1 25 ft. 1 8 ft. 1 25 fL
Cross reference(s)—Varianw,Ch.156.
(F) Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary
line an additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area None.
(Code 1965,App.A.,Art.5(111);Ord.No.2320,4-6-77;Ord.No.2700,2-2-81;Code 1991,§160.033;Ord.No.4 100,§2(Ex.A),6-16-98;Ord.
No.4178,8-31-99)
(B)Uses.
K.,lReportA2004lBOA Reportsl]0-04-04WA 02-1233(Hahitat-Olszeivski).doc October 04,2004
Board of Adjustment
BOA 04-1233(Olszewski)
Page 2.5
W�-W�; �tlp JOHNNE OLSZEWSKICPR PA 47B 442 8839
P. 1
PLAT—OF—SURVEY
CIL ELEVENTH—, STREET
140.00'
4 f
LOT 9
AePuALr anivie
CD
;r
LOT 8
all-
0-1
14aO
SCALE, IN FEET coTuo ip-14
!PTIQ
SURVEY DE99B N
/*
Lots Xuabered Eight (s) and Ni e �e*STMEOF
no (4) in Block Kumberqd one
(1), Burl Dadd.Addition, an Addition to the Cit
Payetteviije, Arkansas, as per plat ,on file y of�
-tn,tbq Qffl6, of
-OffiPio Recorder of washington
the circuit Clark and Zx
County, Arkansas.
'%�"Octo J2004
Buyer, Timothy Canfield Bo ment
Seller: Amelia Garcia
% j0sewski)
e Pa e 2.6
BOA04-1233 HABITAT FOR HUMANITY/OLSZEWSKI
Close Up View
r
f
—T—
J 6 1
WIN
T R-0
RMF-24
RNA',
:J_A RMF-24
,d�,T
_TF
F-24~RM[F-24 Nil
—A -------
T3TH—PL
NMI
RMF-24
RMF-24
24
Overview Legend
'90... —FLOODWAY
e,...00va,ayDi,Ar,A eaelea Pi1ndpal Modal
--- W.R.OStIet Plan aiiiiaiaii MinnAderal — 100Y�R
1A.MrSnixitPlan �Iledor 500 Y�R
R
F..yAEVd,..y**** HIMnicCollWor LIMITOFSTUDY
SaSeLinePmfile
BOA04-1233
M I October 04,2004
WIF
Fayetteville
Board of Adjustment
oulside City
600 BOA 04-1233(Olszewski)
0 75 150 300 450
— Feet Page 2.7
BOA04-1233 HABITAT FOR JUMANIW/OLSZEWSKI
One Mile View
117
+n�- -AC-3
P-1
=iqpR-0 i
p-RMF;
M
J P.j
J7
-7,�-7j 1 qFi- 1",
- -1 :7 1,z:R 'K.
o ty
—IRNIF-24
45� F—11
—4 r% i rip—
Wr
RM RMF-24 RVE124
2
�F
J iwl P7,It
RMF-24J
LE
HUNTSVI RD
R F� RSF-r
RMF-24
t
it MF-2
R
'N S6�jE, C ffT�Y
4�� T1,F440i 1,�
-24 01 1
-0
TI R
jW4TE�R.
4
4 2'rH ST
-P o
�'R b RMF-241
r-J
RMF-24 L
9- IL
-19 ST
F
RMF 24
RT 12
G4Z
6
A" A
SF4
�uN
R
J� 1-2
�2
.7 MF 4
F-
Overview Legend Boundary Streets Master Street Plan
Subject Property Planning Area Strelds Master Steel Plan
BOA04-1233 F.W�P�.y
rooi oVeday cistrict 1111111 Rmn�asee PnndriW"��'
Outside CRY MinorAftnW
Gaff�r
October 04,2004
--- Board of Adjustment
0 0.1 0.2 0.4 0.6 0.8 BOA 04-1233(Olszewski)
Miles Page 2.8
FAYETTEVILLE BOA Meeting of October 04, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning &Development Administrator
DATE: September 29, 2004
BOA 04-1235 (MATHIS,526): Submitted by SHANNON MATHIS for property located at 528
HAPPY HOLLOW. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY—4
UNITS PER ACRE and contains approximately 0.48 acres. The requirement is for a 70' lot
width. The request is for a 63.5' lot width(a 6.5' variance.) Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested 6.5-foot lot width variance as shown on the
attached site plan with the following condition(s):
1. The proposed development shall comply with all other development regulations for
a single-family home in the RSF-4 zoning district.
2. Only one (1) single family dwelling unit and customary accessory building may be
erected on the subject lot of record,Lot 4 of Bassett Subdivision.
3. A building permit shall be obtained prior to commencement of any construction.
4. If construction of any type is planned in the floodplain and/or floodway a grading
plan and flood plain development permit are required by ordinance.
BACKGROUND:
Property description: The subject property is Lot 4 of Bassett Subdivision, located on Happy
Hollow Road cast of Happy Hollow School. This vacant site is zoned RSF-4, and is surrounded
by RSF-4 Zoning with single family homes. The lot was platted in 1949,prior to current zoning
regulations which call for a minimum 70 feet of frontage for a single family use. The site
K LReportyl20041BOA Repor&110-04-04WO,4 04-1235(Afgthu)doe October 04,2004
Board of Adjustment
BOA 04-1235(Mathis)
Page 3.1
contains a total lot area of 20,955 square feet and meets all other bulk and area requirements for a
lot in the RSF-4 zoning district.
Proposal: The applicant is requesting a 6.5' variance for a total 63.5' frontage for a single family
residential unit, rather than the 70 feet required by zoning regulations in the RSF-4 zoning
district. The purpose is to allow for construction of a single family residence on the lot. The
existing lot width was platted prior to current bulk and area zoning regulations.
Ordinance Requirement ::T�fieant's Request
Lot width 70' 63.5' (a 6.5' variance)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single family residence RSF-4, Single Family Res, 4 units/acre
South Single family residence RSF-4, Single Family Res, 4 units/acre
East _ Single family residence RSF-4, Single Family Res,4 units/acre
West Sj!1gle family residence RSF-4, Single Family Res, 4 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 with adjacent property
under common ownership. The lot was created prior to the adoption of
current zoning regulations, in 1949, and contains less frontage than that
required by the RSF-4 zoning district.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would not allow a single family
dwelling to beconstructed on the existing lot. The applicant is requesting a
variance for minimum lot width for the development of a single family home
on the parcel in question.
K-TeportsU004TOA Reportsl]0-04-041BOA 04-1235(Afuthis).doc October 04,2004
Board of Adjustment
BOA 04-1235(Mathis)
Page 3.2
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 and all
others within the subdivision were platted with 63.5' of frontage prior to
current zoning regulations and ownership by the applicant.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: Granting the requested lot width variance will not confer special privileges.
The use of the property for single family residential development as indicated
by the applicant is permitted by right within the RSF-4 zoning district. All
bulk and area regulations with the exception of lot width are to be
accommodated with the proposed dwelling.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or nonconforming use of lands,
structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
Finding: No other nonconformities were considered as a basis of the findings stated in
this staff report.
§ 156.02 C. Consideration by the Board of Adjustment.
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, October 04,2004.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify
the granting of the variance, and that the variance is the minimum variance
that will make possible the reasonable use of the land,building, or
structure.
Finding: The requested lot width variance is the minimum variance necessary to
accommodate single family residential use.
K.lReporaU0041BOA ReporbIIO-04-041BOA 04-1235(AlIthis).doc October 04,2004
Board of Adjustment
BOA 04-1235(Mathis)
Page 3.3
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 single family residential, a use permitted by right in the
RSF-4 zoning district.
K.'Repor1W004W0A ReporlsUO-04-04DOA 04-1235(1hthis).doc October 04,2004
Board of Adjustment
BOA 04-1235(Mathis)
Page 3.4
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) Permitireduses.
Unit 1 City-wide uses by right
Unit 8 Sin&4�l_
(2) Conditional uses.
Unit 2 City-Wide uses by conditional use Rermit
Unit 3 Public protection and utility facilifies
Unit 4 Cultural and recreational faciltes
Unit 9 Two-family dwell ngs
Unit 24 Home occupations
Unit36 Wireless communicafions facilifies
(C) Density-
ingle-family ly
d"Ilings mi
S dw, iang
I Units per acre 1 4 or less 1 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 s A. 12,000 sq.ft.
Land area per 8,000 sq.ft. 6,000 sq.ft.
dwellinaunitt
(E) Setback requirements.
Side Rear
8 ft
ft. 20 ft.
(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.
K.tReportA2004WOA ReporullO-04-0418SA 04-1235(Iftihis).doc October 04,2004
Board of Adjustment
BOA 04-1235(Mathis)
Page 3.5
Variance
Checklist#3
I am requesting lot 4 Bassett Subdivision a non-conforming lot of record)to be
approved as a conforming lot. The lot, which is 63.5 feet wide,was platted in 1949.This
was before the current requirement of 70 feet wide. There is no existing building on this
lot. I do not have a proposed building size as of yet. I am waiting on this approval before
making any plans (other than the proposed building being a residential single family
home)-
#6
I do not have a site plan because I do not have any specific proposed structure- I
understand I must comply with all required setbacks.
October 04,2004
Board of Adjustment
BOA 04-1235(Mathis)
Page 3.6
September 9,2004
Variance
To the Chair of the board of adjustment
City of Fayetteville
This letter is to demonstrate the criteria required for a variance on Lot 4 Bassett
Subdivision. The reason for this variance is to make this lot which is a non-conforming
lot of record, into a conforming lot. The lot,which is 63.5 feet wide,was platted in 1949
and not subject to the current requirement of 70 feet wide for a conforming lot.
The right commonly enjoyed by other properties in the same district is the right to
obtain a building permit and build a single family home.
The fact that this lot was platted in 1949 does not result from the actions of the
applicant. I purchased the lot in 2002.
Granting this variance will not confer any special privilege. The only thing this
variance will permit is the ability to build a single family home upon obtaining a building
permit.
Thank you for considering this variance.
Sincerely,
Shannon Mathis
528 Happy Hollow
Fayetteville, AR 72701
October 04,2004
Board of Adjustment
BOA 04-1235(Mathis)
Page 3.7
Cm I
N CQ a
R!:x!
>
4q o w bow 0—
In'n 10 0
;4-',A'3 0 z 0 0,
0 �� 000 to
A r4 to$4 V)�" 0
v
>
0� v v 0 to r: 0
4,C: MR .
933 0 0 cq� r 0 1 (D
/" 0
9,0 1. 0 9 my) 0 W
En -44J� 0
00 4W� z .0
E� 0
I � . . 91
:�z U1 P'Ho low 0 W-1 C; 0 Z
V w'C;4 0 0 ." , , 0
to 0 -- 0 00 Q o C.
bo� 0 0 z 0 v 0-n
4
H r4
GO 4H 0 F, 0 0 M bo P 0
A0,0 0 0'C: 0 0 0
avou uNnoo.
0
r4r)
W
0
CL
z
0 . . .
.17
(D a.
0
03
0
C;
ki W
V.
0
to
GV08 -1JAV89
LO
October 04,2004
oard of Adjustment
BOA 04-1235(Mathis)
Page 3.8
BOA04-1235
Close Up View MATHIS
1W
RSF-4
(.,t; IL f E
!g- PRJVATE OR
--------———————--
-4TH
RSFISP-1
LIMIT OF DETARE S
D
r I
1244
4h
RMF-24
1234
it
1232
330
i it' 1224
RSF-4
PRIVATE DRIVES (4)%
it
Aj
-A 2. -1-6---
1214
P-1
C-1
C-1
Wo
Overview Legend
'90.0.
— Pdndp.IArWI —FL0,OOWAY
M..toSee::PI:n eieeeeMnorAdeial —100YEAR
8 Maste $Wee PI n Colledor 500 YEAR
L Fie—.,�V...y.... Hi.tftC.II.cWr LIMIT OF STUDY
1,�VntE,,51
— — - B..Une PioNe
901 BOA04-1235
October 04,2004
Fayetteville
OuWde City Board of Adjustment
0 75 150 300 450 600 BOA 04-1235(Mathis)
Feet Page 3.9
BOA04-1235
MATHIS
One Mile View
-;[RS
PII
as ————— -
RMF�24
U
T
n.F- ii-1, 7;�
F
It,q, RSF4 OR
F41 nll�
SF4
M
j
OR 4
3!�Hp�f--J�
JFPiAF�
Zap 1.
�N Lu
MP-24
R,Nfl�[24
12
MF-
T
41ILL 111 R4
J
�Jnizc To �_RMF-24 I
R__F24,J
RMW 24 1 C F-24
flfl RW24 I
"U1WrSVV-LE RD R
D_2
1 RSF4 RSF4 D_2
RSF� Rs ————— -
F-�T. !
iRSF I q�"j24
04
RMF�R, RA
-81 F— nMF- C.1
4 RSF4 i
i=�K r-=L F4
-24 R-O RSF' tilt
I 5L
2
4A
T
L I 5F-7
RS
MW�
F
5
k-O 2� N
0 R-
R-A
R-A
Overview Legend Boundary Streets Master Street Plan
Streets Master Street Plan
Subject Property Planning Area eiiieUn,�-,F..aI&P.Y
BOA04-1235
OVerlay D!StdCt 1111111 R�n�sessl PrindPWAdmM
Miri�,A.dd
Outside City
F1
October 04,2004
--- Board of Adjustment
0 0.1 0.2 0.4 0.6 0.8 BOA 04-1235(Mathis)
M M N11111111111L �Miles Page 3.10