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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 O W L E W O 'i :3 � `° � '° ax _ a > > c � _c n » n C: c _ __ L —_ N — 0 U 3 +' 3 3 c 3v 3 s +- y -0 in -p +-r m > E (1) EQ,'' E3:E O � o ' afl- aaaa�iaa n E E a) rca `° �t $ iri U %D n om _ 4 InvWi0U) 1) 1110M ro Lu o 4w U �a 3 =a 3a -0aU m s N �( to g' Al. 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T OPERTY S t �i Zv \`v f I v \.1 i,v f`<>\�.s nv 3�1�\i�\v4� , ,t,{\�\\•i\'�y'\'vi\\`'x�jl\��\\4 \a�'l�\�.\}v 4\.," ,i \"�\;{ t El`ti�����.,.. 1 r i Overview a «m o 125 250 Soo 750 1,000 January 7,2008 Feet Board of Adjustment OA 08-2874 Woodstock.46th Ave Page 14 of 16 BOA07-2874 WOODSTOCK/ 46TH AVENUE One Mile View i � RSF 1 I RSF1 - +P � t4 fii� ,��. ,rc ✓ I y ti MOON"". IN t tx c R y Lam' YJ R9FP� \ ry�u E h. r T e 4 ��� u'*✓" vt tM Ire' u PROPERTY g s t�c..'�''''�`�U. a _ b.a I t+�'.M4aa.,,`•ti vier \� ytiv 5��v�' s -�-eocnN OR • '���"v�rt�'+,�v �;���.*,t�i*��t�"?����`, i SHAL012llA_.i_�•. _ � u I � u'Y "'"�'��� V A i\�^-NSCt --- —I— _ a � I Overview Legend. Boundary - ------ Subject Property mayPlanning Area ®BOA07-2874 `E1n Overlay District °0000ao Outside City Legend - ® Hillside-Hilltop Ox erlay District 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