HomeMy WebLinkAbout2008-01-07 - Agendas **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,January 7,2008,at 3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of the minutes from the December 3,2007 meeting.
New Business:
1. BOA 08-2874(WOODSTOCK/46TH AVENUE,438): Submitted by APPIAN CENTER FOR DESIGN for property
located at 845 N.46TH STREET. The property is zoned R-A,RESIDENTIAL-AGRICULTURAL and R-PZD 07-2576
(WOODSTOCK) and contains approximately 3.79 acres. The request is for a 10'rear building setback(a 10'variance).
Planner: Andrew Garner
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 forbearing 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.
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
;a 115,
BOA Meeting of January 7, 2008
v
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: December 31, 2007
BOA 08-2874(WOODSTOCK/46TH AVENUE,438): Submitted by APPIAN CENTER
FOR DESIGN for property located at 845 N. 46TH STREET. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and R-PZD 07-2576 (WOODSTOCK) and contains
approximately 3.79 acres. The request is for a 10' rear building setback(a 10' variance).
Planner: Andrew Garner
BACKGROUND:
Property Description and Background: The subject property contains approximately 3;79
acres and is located on the west side of 4661 Street, approximately 650 feet south of
Wedington Drive (State Highway 16). The property is zoned R-A and R-PZD 07-2576
(Woodstock) and contains an existing residence and barn that comply with zoning
regulations.
The property is surrounded by undeveloped land to the north,south, and west that is zoned
R-PZD 07-2576 (Woodstock) for a mixed use development. The property adjacent to the
east is zoned R-A and R-O and contains single family residences.
Woodstock PZD: The Woodstock Residential Planned Zoning District (R-PZD 07-2576)
was approved by the Fayetteville City Council on October 2, 2007. The R-PZD is for 382
attached and detached dwellings as 'well as 100,390 square feet of non-
residential/commercial space. The approved site plan for the Woodstock project included the
storm water detention area on the_western 1.91 acres of the subject property(see attached site
plan).
Proposal: As shown on the submitted property line adjustment plat included with this
report,the applicant is proposing to adjust the western property line to remove the western
1.91 acres from the parcel and to include the storm water detention area within the
Woodstock property boundaries. With this property line adjustment, the western property
line would be located 10' from an existing barn. The applicant is also proposing to rezone
the subject property to RSF-4 prior to the property line adjustment, which would make the
.
K.IReporfs12WBOA Reports101-January 0800A 08-2874(Woodsfock461hAve).doc January 7,2008
Board of Adjustment
BOA 08-2874 Woodstock.46th Ave
Agenda Item 1 '..
Page 1 of 16
rear setback a 20 setback.
As shown in Table 1,the applicant is requesting a rear setback variance to bring the existing
barn into conformity with the RSF-4 rear building setback that would be in place after the
property line adjustment and re-zoning.
Table 1
Variance Request for Existing Structure
Variance Issue Ordinance Requirement Applicant's Request
Rear Setback 20' 10' a 10'variance
GENERAL PLAN DESIGNATION: City Neighborhood Area
RECOMMENDATION:
Staff recommends approval of the variance based on the findings herein,and with the
following condition:
1. The granted variance recognizes the existing barn structure as it stands
today. Future development or re-development on the property shall require
the removal of-the barn structure and compliance with all applicable
building setbacks. No substantial improvements shall be permitted to the
structure to create a dwelling:unit or other change of use without further
review.
HIM
1r10
e >
Additional Conditions/Comments:
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless
and until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which
are peculiar to the land, structure, or building involved and which are not
applicable to other lands, structures or buildings in the same district.
K.Reports120081BOA Reporul0!-January081BOA 08-2874(WoodsrocWthAve).doc January 7,2008
Board of Adjustment
BOA 08-2874 Woodstock.46th Ave
Agenda Item 1
Page 2 of 16
Finding: The special conditions and circumstances that require the variance are:
(1) The Woodstock project rezoned the western portion of the subject
property,requiring the western property line of the subject property to
be moved to 10' of the existing barn; and (2) The applicant desires to
retain the existing barn in its current location,which would be within
the new building setback.
The approved layout of the Woodstock project is unique to the subject
property and not applicable to other lands in the same 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 deprive the
applicant of rights commonly enjoyed by other properties in the same
district. The applicant could still develop the Woodstock project and
utilize the subject'-.property for a single family residence on the
remaining 1.88-acre lot. However the existing barn would have to be
removed from the new rear building setback. Another option would be r,1 - 23
to alter the boundary`of the'Woodstock project to allow room for the
barn to remain on its own lot and meet setback requirements. However,
this would-,require a significant alteration and a new Planned Zoning,'.
District to be approved r;
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The rear building setback variance request is a result of the applicant
adjusting the western property line to match the Woodstock project
boundary as was approved by the City.Council. The applicant for this ,
variance is also the owner/developer of the Woodstock projects and
created the special conditions that require the variance. The resulting
action of a variance approval is nothing physical; no new structures
would be erected and the variance would only apply to the existing
structure as it stands today.
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 rear building setback variance would confer a
special privilege as other properties in the same district have to comply
K.IReports120081BOA Reporrs101-January0800A 08-2874(Woods1ock461hAve).doc January 7,2008
Board of Adjustment
BOA 08-2874 Woodstock.46th Ave
Agenda Item 1
- Page 3 o 16
with rear building setbacks. However, staff has recommended a
condition of approval that the variance be granted for only the existing
structure. Future development on the property would require the
property owner to remove the barn and meet all applicable building
setbacks.
5. Nonconforming Uses. No nonconforming use of neighboring lands,
structures, or buildings in the same district, and no permitted or
nonconforming use of lands,structures,or buildings in other districts shall be
considered grounds for the issuance of a variance.
Finding: No other nonconformities were considered as a basis of the findings
stated in this staff report.
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered
by and may be approved by the Board of Adjustment.
2. Public Hearing,- A public hearing shall be held.
Finding: , Apublic hearing,isxscheduled for Monday,January 7,2007.
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
minimumvariance that will make possible the reasonable use of the
land, building, or structure.
Finding: The requested building setback variance is the minimum variance
necessary to accommodate the existing barn after the property line is
- .:adjusted. The location of the property line is set by the boundary of the
Planned Zoning District approval for the adjacent property.
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: The granting of a variance for the existing structure will be in harmony
with the general intent of zoning regulations. The rear building setback
variance would not be injurious to the neighborhood or otherwise
detrimental to the public welfare. Rear building setbacks are intended
K.IReports1200800A Reports101-January081BOA 08-2874(Wbodstock46thAve).doc January 7,2008
Board of Adjustment -
BOA 08-2874 Woodstock.46th Ave
Agenda Item 1
Page 4 of 16
to provide space between structures and uses on adjacent properties
thereby preventing adverse effects such as a lack of privacy, light, or
objectionable noise or light pollution, etc. As the property adjacent to
the barn would be the storm water detention area and public trail for the
Woodstock project, having a barn within 10 feet of that property line
would not result in adverse impacts. In addition, both the subject
property and the adjacent property to the west are under the same
ownership. Any impacts from the subject variance would be borne by
the applicant.
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 approval, with a primary condition that the
variance only be applicable for the existing barn. Future development or
- re-development of the site will require the property owner to remove the
structure and meet all applicable zoning setbacks. No substantial
improvements to create a dwelling unit or other change of use shall be,;
permitted.
-d. No.Variance Allowed. Under no circumstances shall the Board of -
Adjustment grant a variance to allow a use not permissibleunder
Zoning:in-the district involved,or any use expressly or by implication ;
Prohibited by terms of the zoning regulations in said district.
Finding: The proposed use of the site for a single-family dwelling and barn is a
use.permitted by right in the RSF-4 zoning district,the rfuture;proposed, , ; :<
zoning designation.
K:IReports120081B0A Report M-January 081BOA 08-2874(WoodstocWthAve).doc January 7,2008
Board of Adjustment
BOA 08-2874 Woodstock.46th Ave
Agenda Item 1
Page 5 of 16
City of Fayetteville Unified Development Code
161.03 District R-A,Residential-Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an
orderly transition to urban development has been accomplished;prevent wasteful scattering of development
in rural areas; obtain economy of public funds in the providing of public improvements and services of
orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic
attractiveness;and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit Agriculture -
Unit Animal husbandry
Unit Single-family dwellings
Unit Two-family dwellings
Unit 37 Manufactured homes
(2) Conditional uses. ,
Unit 2 City-wide uses by conditional use permit
Umt4 Cultural andrecreational facilities
Unit --Government facilities
Unit 20 Commercial recreation,large sites _ _ -
'Unit 24 " Home occupatio fs . - -
IUnitW: Wireless.communications facilities
(C) Density.
Units Per acreOne-half
' '•. '(D) ' Bulk and-area regulations.
Lot width minimum 200 ft. -
Lot Area Minimum:
Residential: 2 acres ' -
Nonresidenfial: 2 acres
Lot area per dwelling unit .2acres -
E) Setback requirements.
11 FrontSide Rear
11 35 ft. 20 ft. 1 35 ft.
(F) Height requirements. There shall be no maximum height limits in the A-1 District,provided,however,
that any building which exceeds the height of 15 feet shall be setback from any boundary line of any
residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be
measured from the required setback lines.
(G) Building area. None.
(Code 1965,App.A.,Art.5(1);Ord.No.1747,6-29-70;Code 1991,§160.030;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;
Ord.5028,6-19-07) -
K.IReportA2008WOA Repor1s101-January 081BOA 08-2874(WoodstocWth*e).doc January 7;2008
Board of Adjustment
BOA 08-2874 Woodstock.46th Ave
Agenda Item 1
_ Page 6 of 16
161.07 District RSF-4,Residential Single-Family—Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of these
types.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
III Unit 8 Sin le-famil dwellin
2 Conditional uses.
Unit 2 Ci -wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit Government facilities
Unit Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Single-family Two-family
dwellings dwellings
Unifs er acre
I.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. ..
dwellin
unita.=
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.
(E) Setback requirements.
FRONT SIDE REAR
25 ft. 8 ft. 20 ft.
HOD Front HOD Side I HOD Rear
15 ft. 5 ft. 15 ft.
(F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed
structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning
Commission. Existing structures that exceed 45 feet in height shall be grandfathered in,and not considered
nonconforming uses.
(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.4858,4-18-06;Ord.5028,6-19-07)
K.Wepor1s12008DOA Repoml01-January 08WOA 08-2874(Woodstock46thAve).doc January 7,2008
Board of Adjustment
BOA 08-2874 Woodstock.46th Ave
Agenda Item 1
Page 7 of 16
PLANNING
URBAN DESIGN
.. . LANDSCAPE ARCHITECTURE
CIVIL ENGINEERING
APPIAN CENTRE FPR DESIGN -
November 13, 2007
City of Fayetteville
Jeremy Pate,Director of Planning
125 West Mountain
Fayetteville AR 72701
RE: Setback Variance for 845 North 46`s Street
Dear Mr.Pate:
Please consider this letter an official request for a variance of the rear building setback from 20
feet to 10 feet.
A property line adjustment and rezoning request is being submitted for consideration at the next
Planning Commission meeting. The western portion of the subject property is to become part of
the Woodstock PZD and will be used for the construction of the detention facility and will follow
the zoning regulations set forth in the PZD. The remaining property will be asked to be rezoned
from R-A to RSF-4. The previously approved Woodstock PZD rezone is consistent with the
property boundaries as shown on this request.
The resulting property line adjustment has caused the existing bam structure to be within the
proposed building set back. Since the adjacent property containing the detention facility will
have no structures, there will be no additional fire dangers caused by the granting of the variance.
Your consideration and approval is appreciated.
Respec I
Todd Jacobs
Director of Design
Appian Centre For Design
217 East Dickson street Suite 104 1 Fayetteville, Arkansas 72701 1 479.442.1444 Fax 479.442.1460
January 7,2008
Board of Adjustment
BOA 08-2874 Woodstock.46th Ave
Agenda Item 1
Page 8 of 16
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January 7;2008
Board of Adjustment
BOA 08-2874 Woodstock,46th Ave
Agenda Stem 1
Page 10 of 16
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Feet Board of Adjustment
OA 08-2874 Woodstock.46th Ave
Page 14 of 16
BOA07-2874 WOODSTOCK/ 46TH AVENUE
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®BOA07-2874
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0 0'25 0'5 1 January 7,200
- NJIlpc Board of Adjustme
08-2874 Woodstock.46th Av
Agande item
Page 15 of 16
January 7,2008
Board of Adjustment
BOA 08-2874 Woodstock.46th Ave
- Agenda Item 1
Page 16 of 16