Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About2009-07-06 - Agendas Tavet ei 1 le ARKANSAS 113 W.Mountain St. City of Fayetteville Fayetteville,AR 72701 Telephone: (479)575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT MONDAY,JULY 6, 2009 at 3:45 p.m. Room 326, City Administration Building The following items will be considered: 1. Approval of the minutes from the June 1,2009 meeting. New Business: 2. BOA 09-3336(KERRI RUSSELL/218 E.MAPLE,446): Submitted by BLEW&ASSOCIATES,INC. for property located at. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.37 acres. The request is for a variance from lot bulk area requirements for a proposed new lot of record(lot 2),and an existing encroachment into a side setback(lot 1). Planner:Andrew Gamer 3. BOA 09-3352(WALL/828 CLEVELAND,444): Submitted by JESSE DAVID WALL for property located at 828 CLEVELAND STREET. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.22 acres. The request is for a front setback variance to bring an existing structure into compliance. Planner: Jesse Fulcher 4. BOA 09-3353(WALL/812 CLEVELAND STREET,444): Submitted by JESSE DAVID WALL for property located at 812 CLEVELAND STREET. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.06 acres. The request is for variances from lot width, lot area and setback requirements to bring an existing non-conforming structure into compliance. Planner: Jesse Fulcher 5. BOA 09-3354(LOIS SMITH/SKELTON STREET,678): Submitted by LOIS SMITH for property located at 737 W. SKELTON STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.25 acres. The request is to allow a small wooden playhouse in the side setback. Planner:Dara Sanders 6. ADM 09-3326: (Flash Market#194 Liquor Sales Appeal): Submitted by Alderman Robert Rhoads on behalf of Eric McGill and Clayton Barnhart for property located at 2333 W. Martin Luther King,Jr.Blvd.The property is zoned I-1,Light Industrial/Heavy Commercial.The request is for the Board of Adjustment to consider and render a final decision of an appeal of the Zoning and Development Administrator's interpretation that sale of beer and wine for off-premise consumption is permissible by the City of Fayetteville's zoning regulations as an accessory use within the I-1 district. 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 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 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. 2009 Board of Adjustment Members Robert Kohler (Chairman) Sheree Alt William Chesser Robert Nickle Mark Waller Steven Bandy Kristen Knight MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on June 1, 2009 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: May 4, 2009 Approved Page 2 BOA 09-3303 (Dewitt Goss, 446) Approved Page 3 BOA 09-3304 (Mihalevich, 485) Approved Page 4 MEMBERS PRESENT MEMBERS ABSENT Sheree Alt Steven Bandy William Chesser Robert Kohler Bob Nickle Mark Waller STAFF PRESENT STAFF ABSENT Jesse Fulcher Andrew Garner Dara Sanders David Whitaker Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. July 6,2009 Board of Adjustment BOA Minutes 06/01/09 Agenda Item 1 Page 1 of 4 Approval of the May 4, 2009 Board of Adjustment meeting minutes. Motion: Board Member Nickle made a motion to approve the minutes from the May 4, 2009 BOA Meeting. Board Member Waller seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. July 6,2009 Board of Adjustment BOA Minutes 06/01/09 Agenda Item 1 Page 2 of 4 New Business: BOA 09-3303 (DEWITT GOFF / 612 N. COLLEGE, 446): Submitted by BATES & ASSOCIATES for property located at 612 N. COLLEGE, THE NE CORNER OF DAVIDSON ST. AND COLLEGE AVE.. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.38 acres. The request is for a front building setback variance to bring an existing non-conforming structure into compliance. Andrew Garner, Senior Planner, gave the staff report, giving background on the existing nonconforming structure that was built in 1950. Staff recommends in favor of the requested variance to bring the existing nonconforming building into compliance as discussed in the findings throughout the staff report. Board Member Kohler discussed that this is a similar project to Lacuna, next door, which was an existing nonconforming building. Geoff Bates (applicant) asked about the City Council variance that would be required. James Key (applicant) discussed that they would like to be able to pull demo permits prior to the City Council variance being approved. Board Member Kohler discussed that this board doesn't deal with permits and those issues will have to be worked out with staff at the time of construction. No public comment was received. Board Member Bandy asked about closing the drive on College and Davidson. Bates discussed that they were anticipating closing the drive on College and retaining the drive on Davidson. Board Member Nickle stated that he feels like we need to approve this request because the building was in place prior to the existing zoning regulations or the Master Street Plan right-of-way. Motion: Board Member Nickle made a motion to approve the request with conditions as listed in the staff report. Board Member Bandy seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. July 6,2009 Board of Adjustment BOA Minutes 06/01/09 Agenda Item 1 Page 3 of 4 4 BOA 09-3304 (MIHALEVICH / 420 E. LAFAYETTE, 485): Submitted by MATT MIHALEVICH for property located at 420 E. LAFAYETTE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.16 acres. The request is for side setback variance to bring an existing non-conforming structure into compliance. Jesse Fulcher, Current Planner gave the staff report discussing the existing nonconforming home built well prior to existing zoning and describing the applicants proposed renovation and variance. Staff recommends approval of the requested variance. Katie Mihalevich (applicant) explained the permits and proposed improvements to their kitchen and basement confirming that they are not proposing to expand the footprint of the house. No public comment was received. Motion: Board Member Bandy made a motion to approve the request with conditions as listed in the staff report. Board Member Waller seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. All business being concluded, the meeting was adjourned at 4:05 PM. July 6,2009 Board of Adjustment BOA Minutes 06/01/09 Agenda Item 1 Page 4 of 4 BOA Meeting of July 6, 2009 7ayett—lle 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 Gamer, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: July 1, 2009 BOA 09-3336 (KERRI RUSSELL / 218 E. MAPLE, 446): Submitted by BLEW & ASSOCIATES, INC. for property located at 218 East Maple. The property is zoned RSF- 4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.37 acres. The request is for a variance from lot bulk area requirements for a proposed new lot of record (lot 2), and an existing encroachment into a side setback (lot 1). Planner: ANDREW GARNER BACKGROUND: Property: The subject property is located at the northeast comer of Maple Street and Washington Avenue. The 0.37-acre tract contains one multi-family and one single-family residence constructed in 1906 and 1936, respectively. There is an existing fence line dividing the two structures. The property is zoned RSF-4 and the existing multi-family use does not meet the zoning regulations. However, due to the site being developed and used for multi-family use prior to the City's adoption of zoning regulations these nonconformities are allowed to continue subject to UDC Section 164.12, Nonconforming Uses and Structures. The surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Two-family residence RSF-4 South, East, West Single-family residences RSF-4 Proposal: The applicant proposes to divide the property into two parcels for each structure to be on its on own lot of record. As shown in Table 2, the applicant is requesting variances from the lot width and lot area requirements in the RSF-4 zoning district to allow for the subdivision of the property and a side setback variance to bring the existing nonconforming building setback for the detached garage into compliance. July 6,2009 K:IReports120091BOA Reports107-06-091BOA 09-3336(Russe1218Maple).Aoc - Board of Adjustment BOA 09-3336 Kern Russell Agenda Item 2 Page 1 of 10 Table 2 Variance Request Variance Issue Ordinance Requirement Applicant's Request Tract 1 Side Setback north 5 feet 3 feet 2-foot variance Tract 2 Lot Width 70 feet 43 feet 27-foot variance 4,525 square feet Lot Area 8,000 square feet 3,475 square foot variance Public Comment: Staff has not received any public comment. CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area RECOMMENDATION: Staff recommends approval of the lot width, lot area, and building setback variances based on the findings herein, subject to the following condition of approval. 1. The existing nonconforming multi-family use on the property is subject to Fayetteville Unified Development Code Section 164.12 Nonconforming Uses and Structures and would be reviewed for compliance prior to any building permit. 2. The side setback variance for the detached garage only applies to the existing structure and does not permit expansion of the structure. Additional Comments/Conditions: BOARD Oi_ADJITSlYiENT ACTION: 0 A i owed © Denied --- pp Date _3ulx 009 lllotron _ Second: Vae: 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 July 6,2009 K:IReporrs120091ROA Reprn7sW-06-09WOA 09-3336(Russel118Maple).doc Board of Adjustment BOA 09-3336 Kern Russell Agenda Item 2 Page 2 of 10 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: Special conditions exist for this property related to lot width, lot area, and building setbacks. The property was originally developed decades ago with two residential structures and a detached garage. The applicant is requesting variances to subdivide the property to allow for each residential structure to be on its own legal lot of record and to bring the detached garage into compliance. Staff finds that the historic age and continued use of the original structures are unique conditions on this site that warrant granting the variances. 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 deprive the applicant of the right to subdivide this parcel, as it would be a nonconforming lot. The right to subdivide the property and have each detached residential structure on their own lot is a commonly enjoyed right in a single family zoning district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The condition requiring the variances are not a result of actions of the applicant. The property was originally developed decades ago prior to the applicant owning the property. The fact that the two residential structures cannot be subdivided to meet the bulk and area or setback requirements of the RSF-4 zoning district is a condition that occurred as a result of the City adopting zoning regulations after the development of the property. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the requested variances will not confer special privileges on this applicant, in terms of land use, setbacks, or criteria requested therein. The variances will simply bring an existing nonconforming detached garage lot into compliance with building setbacks and allow two existing residential structures to be subdivided onto separate legal lots of record. July 6,2009 K:lReporls120091BOA Reports107-06-091BOA.09-3336(Russe1218Maple).doc Board of Adjustment BOA 09-3336 Kern Russell Agenda Item 2 Page 3 of 10 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: Existing nonconformities were not considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and maybe approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,July 6, 2009. 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: Reasons are provided throughout this report that discuss the justification for granting the variances. The lot width variance could potentially be reduced by widening the lot by a few feet, and still allowing both structures to meet the side setback requirements. However the larger residence was constructed in 1901 and the smaller residence was constructed in 1936 and there is an established fence line and an existing property pin along this proposed property line. This existing condition on the site make this fence line the most logical location for property line. To move the property line a few feet to the west of this fence to reduce the variance request is feasible, but not logical and may cause confusion with property owners in the future. 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 RSF-4 zoning district requires a minimum 70-foot lot width and a lot area of 8,000 square feet. The applicant proposes to subdivide the July 6,2009 K.lReporls1200900A ReportsW-06-091BOA 09-3336(RusseIMMaple).doc - Board of Adjustment BOA 09-3336 Kern Russell Agenda Item 2 Page 4 of 10 property into two lots to permit each detached residential structure to be on separate parcels. The variances to create these lots would not be detrimental to the public welfare as the number of residences on the property will not be allowed to be increased over the existing condition. Both of these residential structures have been in existence on this property for many decades and are an established part of this neighborhood. Although Tract 2 will be smaller than a typical RSF-4 lot, granting these variances will not alter the character of the neighborhood and will not be detrimental to the public welfare. The variance to bring the existing nonconforming detached garage into compliance will simply clean up the existing nonconformity and will not result in any adverse impacts. 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 recommends approval of the variances with conditions recommended on page two 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: Single-family dwelling units are a use permitted by right in the RSF-4 zoning district. The multi-family dwelling on Tract 1 is an existing non-conforming use that is permitted to remain subject to Chapter 164.12 of the Fayetteville Unified Development Code. July 6,2009 K:IReporrs120091BOA ReportsW-06-091BOA 09-3336(RusseIMMople).doc Board of Adjustment BOA 09-3336 Kern Russell Agenda Item 2 Page 5 of 10 161.07 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 Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional uses. Unit 2 Cit -wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Government facilities Unit9 Two-familydwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family dwellings dwellings Units per acre 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 Rear 15 ft. 511. 15 ft. (F) Building height regulations. Building Height Maximum 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.4858,4-18-06;Ord.5028,6-19-07;Ord. 5128,4-15-08;Ord.5224,3-3-09) July 6,2009 K.IReporls120091BOA ReporisW 06-091BOA 09-3336(Russe1218Mapte).doe Board of Adjustment BOA 09-3336 Kern Russell Agenda Item 2 Page 6 of 10 S— :KB CLAUDETTE HUNNICUTT,CLAUDETTE ''1�.£ C`O IGTON AVE I 520N WASHINGTON AVE T� as t s AR 72701 JN PARCEL#765FAYETTEVILLE0 676-000 PARCEL#7655"-04617-000 Re`v1ec�` rQriT Pt\ for '' 09'- 04607-000 OIof RSFAZONED:RSF-4 I PART OF LOT 13 `� P art Rus e11 a �1S E IVj�. P.o.e.PARENTTRAcr 0.35 ACRES+/- 1 &SRAC s1 s _ s — ZONED: RSF-4 I S S� 1630 E 144° -10423S8 7 7.4 ' �''/ R 1 0, i 3 I. P.O.B.TRACT2 STATE PLANE 0001 GARAGE FOUND IRON PIN ANNON J a i ASPHALT DRIVEWAY ' f I r __ _ 6]5356.333 EN:639195.269 3TON AVEI : AR 72701 TRACT 2 34605-000 0.10 ACRES+I- N. :SFA I I 4525.2 SO.FT.+/- mI C � 10 � 11J h IW. I N ZHOUSE Io mI LU I N V 01 m O M '� n- o WALKER,WILL ti m p 220 E APL G! ''A8 I 0 Np I Io gI I FAYETTEVILLE, a °-'IZ Iw I -• PARCEL#765-0 I a:� PORCH ZONED:R` II w" I mI Im CV TRACT wI IN I... /&MELINDAG �,1 � " 0.25 ACRES 'ON AVE , w ¢ �'. 10882.7 SO.FT.+/- m ,R 72701 I 3 _ I PORCH a 604-000 v W STATE PLANE COORD. m `-4 I p SET IRON PIN — r- 1 3 — N:6390W.531 15'B S.D.&U.E. 30.0' E:6752oa.920 - 03.45' - < 3.19' m 3 ; iX N 87 17 50 W 146 64 SIDEWALK . ? .� --� V M—8'WATER LINE(APPROX.LOC) :..W—u p y V u ' 25.0' ; AST'd(q pLE STREET V V V V V V V C/L— (20AS LT 50 R/IY) v_u l— ( MUBLIC� u-4"WATER LINE APPROX LOC - " IJ �I .. )—N V- V W—V—V V—V" V W E :W u w , u CL 707 OD y HUNT,TERRY G&MARY RENEE 432 N WASHINGTON AVE STR ,STEPHEN FAYETTEVILLE,AR 72701 21919EE MAPLE ST (PARCEL PARCEL#765-07955-000 FAYETTEVILLE,AR 72701 -RENT TRACT: ( ) ZONED:RSF-4 PARCEL#765-07954-000 RST ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS, N ZONED:RSF DESCRIBED AS FOLLOWS,TO-WIT: BEGINNING AT THE 1 D LOT 13,SAID POINT BEING A SET IRON PIN,AND FLOOD CERTIFICATION: 30I/7V . 147.42'TO A FOUND IRON PIN,THENCE S02-42-09'1AI 146.64'TO A SET IRON PIN,THENCE NO2°16'35"E 104.83'TO NO PORTION OF THIS PROPERTY IS CONTAINING 0.35 ACRES,MORE OR LESS. LOCATED WITHIN FLOOD ZONE"XOR "AP AS DETERMINED BY THE ACT 1: NATIONAL FLOOD INSURANCE OT I FIRST ADDITION TO THE CITY OF FAYETTEVILLE, PROGRAM FLOOD INSURANCE RATE 1 1 , ZTICULARLY DESCRIBED AS FOLLOWS,TO-WIT: BEGINNING MAP FOR WASHINGTON COUNTY, 2 OF SAID LOT 13,SAID POINT BEING A SET IRON PIN,AND ARKANSAS. 104.23'TO A SET IRON PIN,THENCE S02°42'09'W 104.79' (FIRM PANEL#05143CO210F DATED 0' V87°1 T50"W 103.45'TO A SET IRON PIN,THENCE NO2°16'35"E_ 05/16/2008) INNING. CONTAINING 0.25 ACRES,MORE OR LESS. D RIGHTS-OF-WAY OF RECORD,IF ANY. ACT 2: BLEW & ASrl FIRST ADDITION TO THE CITY OF FAYETTEVILLE, STANDARD LEGEND r PROFESSIONAL L 2TICULARLY DESCRIBED AS FOLLOWS,TO-WIT: BEGINNING 524 W.SYCAMORE: 30"E 104.23'FROM THE NORTHWEST CORNER OF SAID LOT _ BOUNERYUNE FAYETTEVILLE,AR --- CENTERLINE OF ROAD ID IRON PIN,AND RUNNING THENCE S87`16'30"E 43.19'TO A ---- RIGHT-0F-WAY PH.(479)443-4506 F 2"42'09"W 104.77'TO A SET IRON PIN,THENCE N87'17'50'W -•-•- - -•- FENCE http://W -blewinc.w ENCE NO2°42'09"E 104.79'TO THE POINT OF BEGINNING. - '--'--'- BUILDINGSETBACK RE OR LESS. SUBJECT TO EASEMENTS AND O* SET/FOUND 5/6'REBAR LOCATION: PART OF LOT P, IF ANY. © WATER METER CQUN=9 WASHING )Us men Agenda Item 2 Page 7 of 10 Jan_Gambill Board of ustments.doc Page Slew (e"D Associates, Inc_ CivilEngineers Professional Land Surveyors 524 W. Sycamore Street Suite#4 Fayetteville,AR 72703 PH:479-443-4506'FAX:479-582-1883 http://www.blewinc.com Fayetteville Board of Adjustments 125 W. Mountain St Fayetteville,AR 72701 Planning Staff, Our client Kern Russell, is wanting to split her property at, 218 E. Maple St., Fayetteville,AR. (Parcel#765-04617-000). This property has two residences currently located on the one parcel. Our client is requesting a variance to the bulk area for lot 2, its adjusted lot area is approx.4700 sq. ft.. Our client is also requesting a variance to the side building setback of lot 1, as there is a preexisting garage that encroaches into the side setback of lot 1. We feel that these variances would not impact the surrounding neighborhood in any way. If you have any questions regarding this, please contact our office. Thank you and have a great day! Mike Sabo July 6,2009 --goard—of Adj6it—ment BOA 09-3336 Kern Russell Agenda Item 2 Page 8 of 10 BOA09-3336 KERRI RUSSELL/ 218 E. MAPLE Close Up View 1 '} y1 S< Yq A xytij i b S Z � t F milk � x AF k �. a� k✓��Yy,�'�5 7• '�:2�w�y ``�$�`4'4y� 4��'.'F�,�„�`yr�, a! '✓w`�t 9 r'^,r+, ,"5 ��"".'iro�x v,�,�'y"�'x"'`�4. 4 �� s `�' w .,' ``F`.?a `y' ,9fi¢ ,=."l�.a ��...F7�'` -��•y`ti r`"u'x a 'G � �'; � a �,.m..,....,,._... ,,,,,,, Y SC+ v"lt✓ .:v �' iik .5 .. }fii',.. .'7 R. s�3 � 5? c'1*� a. ��E s x e�'"�-.'vb,`,�.3 �2•"'"v "z�i.. �a.y�� r�"�^;;��i5 y a��: Y '�yS�H�\ S ` 5 F 1 y 1 Overview 0 37.5 75 150 225 300 Feet July 6,2009 Boar 0 lustmen BOA 09-3336 Kern Russell Agenda Item 2 Page 9 of 10 H Rs ....r-==__ -- — .....:::.x.............................................. .... _ H'M .. ............................................ ....... _......_...:__;_..... ._: :.............:...._......_::::::;:............................................. .....: ..... .. .. __......,.M ... __._....... a............... ....... _.... __......:_ x: .__.._._........._ _. ::::::- :: ..........._.__.._..._...._......._....._._._.._....... .. ::::::::.......---- ....... ae..................... ..._......_.._.............................................................................................................n �......................... :::::..__................_.._......_...__._....._....__....... - a :...__.. _.... .—:... _...... 8 :. : .. :.xIS m. 4 . ..........._ ._ __ £iz— ..d S� SSE — — 4 £Sx . .�. .. ... s_ £ � .. r� __ i — } Z .. :. �£ _—.—.—___xxt %f yc . . d I it d: _ , ..........................s.. .....................a: ..._ ................._..... ......... ....................._.. — _.....................eeeeee£eeeeeeeeeeeeeee£:'. _.. ......._.....:......................._...._...a...........: xeeee£e££i Reeeeeeeeeeeeeeeeeeeeeeeee£.e=—.....—_..e.. £ ..................... e MEN Nim" _ _—_ — ..._ it x- ...._&.....eeeeeeeeeeeeeeeeeeeeec -- =—z_x:x� _.............. ......._..............._._ __.—�_..__ £ieeieeeeeiiseieeei:eie .... ....... Hi i £� —e �: - � —v- — Mmunt ...._ I ....._.... ._... ......._. ........._...a:::. s ' — _ — ................................... .................................... _Munn— H ....... ..._....._................, z 'Reeeeeeeeeee:..Seeele eEeeeiie::i::eseeeieeieeei::eeeeeee_e . Y;LL£ . £ a�W. .' .:r J r :x xxx W I"qi �� r 4 4 �' e '4F �F. E SI_ T f E3.g. ; ......... .. Board of Adjustment BOA 09-3336 Kern Russell Agenda Item 2 Page 10 of 10 Iwo =3-- ' _i _ BOA Meeting of July 06, 2009 -�.: .t. ... v I �.: 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: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July 1, 2009 BOA 09-3352 (WALL / 828 CLEVELAND, 444): Submitted by JESSE DAVID WALL for property located at 828 CLEVELAND STREET. The property is zoned RMF-40,MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.22 acres. The request is for a front setback variance to bring an existing structure into compliance. Planner: Jesse Fulcher BACKGROUND: Property Description: The subject property is located at 828 W. Cleveland Street and is developed with a single-family home constructed in approximately 1948. The existing home is located 2'from the Master Street Plan right-of-way of Cleveland Street. Cleveland St. is designated as a collector street along this property, requiring 29.5' of right-of-way. SURROUNDING LAND USE AND ZONING Direction from Land Use Zoning Site North Multi-Family Residential RMF-40, Multi-Family Res.,40 units/acre South Multi-Family Residential RMF-40,Multi-Family Res., 40 units/acre East Single-Family Residential RMF-40,Multi-Family Res., 40 units/acre West Single-Family Residential RMF-40,Multi-Family Res.,40 units/acre Proposal: The applicant is requesting a variance from the front setback requirement of 10' to bring the existing home into compliance with current setback requirements. Variance Issue Ordinance Requirement Applicant's Request Front Setback(South)—House Existing 10' 2' an 8' variance) RECOMMENDATION: Staff recommends approval of the requested setback variance as listed herein and as shown on the attached drawing with the following conditions: 1. Future alterations or additions to the existing structures shall meet required building setback regulations, unless otherwise approved by the Board of K.Teporls120091BOA Reports107-06-0900A 09-3352(David Wall 828 Clewland).doc July 6,2009 Board of Adjustment BOA 09-3352 Wall Agenda Item 3 Page 1 of 10 Adjustments. Additional Conditions/Comments: BOARD OF ADJUSTMEMT ACTION: O Approved O Denied Date: Ju1v 06.2009' ,f [ Y 4�c_f: § 1$ Y4 a Y t rt �}}a l #11 }} } f r e } ... ff 1}'51 } fiL} } Jt� f;_, :: . .. .i ': CITY PLAN 2025 LAND USE DESIGNATION: City 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: 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: There are special conditions and circumstances that exist for this building. The existing structure was constructed in 1948, well prior to the adoption of the City's zoning ordinance and Master Street Plan. Consequently,the structure is located within the required building setback,necessitating a setback variance to bring the building into compliance. 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 greatly reduce the applicant's ability to improve or expand the existing structure on the property.The existing building could be retained on the property, but without a variance future improvements would be limited by Chapter 164.12. Thus,literal interpretation would deprive the applicant of rights commonly enjoyed by other properties in KlReporte120091BOA Reporlsl07-06091BOA 09-3352(David Wall 828 Cleveland).doc July 6,2009 Board of Adjustment BOA 09-3352 Wall Agenda Item 3 Page 2 of 10 the same district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Special conditions or circumstances are not the result of the actions of the applicant. The location of the existing structure was determined when the property was developed in 1948, prior to the adoption of the City's zoning regulations and Master Street Plan. 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 setback variance will not confer special privileges on the applicant:The applicant is requesting approval for improvements to the existing nonconforming structure that was built prior to adoption of the zoning regulations and Master Street Plan. 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: A public hearing is scheduled for Monday, July 06, 2009. 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. K-Weporm1200900,4 Reports107-06-091ROA 09-3352(David Wall 828 Cleveland).doc July 6,2009 Board of Adjustment BOA 09-3352 Wall Agenda Item 3 Page 3 of 10 Finding: The requested setback variance is the minimum variance necessary to accommodate the existing structure on the subject 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: Granting the variance will be in harmony with the general purpose and intent of zoning regulations, and will not be injurious to the neighborhood. The house has existed in its current condition for over 50 years,which is consistent with a majority of the existing single-family homes in this neighborhood. 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 use is permitted in the zoning district. K.IReports120091BOA Reporls107-06-091BOA 09-3352(David WaA828 Cleveland).doc July 6,2009 Board of Adjustment BOA 09-3352 Wall Agenda Item 3 Page 4 of 10 Planning Department 6/3/2009 Re: House at 828 W. Cleveland My wife and I bought two houses on three lots five years ago when I retired from City College of San Francisco and came to Fayetteville to work with the Physics Department of the University of Arkansas, where I hold the honorary title of Adjunct Professor. We believe these houses were built in 1939. When we bought them, they had been rent houses for a long time and were in pretty poor shape. Of the two,the one my wife and I moved into was actually the worst.Now, after investing most of my life savings into repair and remodel, it is in excellent condition. I am now turning my attention to the rent house. In exploring my options, I learned in conversation with Planning Department staff that changes in zoning and other ordinances present a barrier to my obtaining permits to repair and improve my property. All of these changes were made after the houses were built and some were made since I bought the property, and I have only now become aware of them. Before I bought my property, I fell in love with it for two reasons. The first was the creek that runs through my back yard. I have made substantial improvements to take advantage of this wonderful resource. The second was the rent house, long occupied by Taz, a man I immediately recognized as a golden tenant. He has indeed turned out to be worth his weight in gold. He takes care of the property when my wife and I travel. He is honest as the day is long. He has held his job as a janitor at Tyson for at least two decades and is a Viet Nam veteran. Having lived a long life in Fayetteville, he has many friends in the community who not only help him, but help me when I need it. Unfortunately, the roof on my house shows damage and I will soon need to replace it. Due to changes in the zoning and other ordnances, including the Master Street Plan, adopted since the house was constructed, I cannot obtain permits for minor and ordinary repairs. July 6,2009 Board of Adjustment BOA 09-3352 Wall Agenda Item 3 - Page 5 of 10 Planning Department 6/3/2009 The existing two story structure occupies a footprint of 836 square feet with a total living space of 1672 square feet. As far as off-street parking is concerned, I have two spaces beside the house built by the city when they improved Cleveland Street just before I bought the property. In addition I have built a deck starting at ground level beside the house and extending behind the house to provide carport space accessible from the back yard by way of a gravel and concrete drive between my house and Taz's house. The structures are visible on Assessor's map downloaded from the city's website. I am requesting variances for lot width, lot area, and setback for the existing lot and structure so that I can repair, maintain and improve my property the same as can my neighbors, who are mostly large property owners, can repair, maintain and improve their large multi-unit apartment buildings. The conditions and circumstances that require these variances are not in any way my fault as the house was built to conform with whatever zoning and setback requirements that existed at the time that it was constructed. Although I visited with planning staff before buying my home and this property to find out what my options were,I did not even become aware of the problems that now exist until I approached planning staff with the idea of adding to the height of Taz's house. I understand from planning staff that at least some of the conditions and circumstances confronting me are rare. I am unaware of any special privilege that I would be granted to me by this variance that would be denied to others. July 6,2009 Board of Adjustment BOA 09-3352 Wall Agenda Item 3 Page 6 of 10 c� r\ W-0 MAII�ZO°00 N Z z C I r InI 0 zea x h6'6h x 1 + I G { a + O ISfi e X ...max m W px Q •• Q- zx o T 3 �T1 28.0' w » �9 - - - - - - - - - - - »— - - - - I\OIlVD01 ROUddv ° n — - n NIVbV N1M �Zn x--nx I ,8Z 001 88I£#HONVNId-O N9d ARTIV UHIVOVA.OZ F 3 t W 1 a Q N + a - 19.8 z. L 9G a J Fol000-oo'll 41, 1 wa Xj l®`lf1 v, 1 1 I U ry b o s� CID v f[ `cl`o bct'ol .ZW xF 3 { sZool 9 a q } o _ ,.,....- H 3 �� -x o A j ryl�W 8ZWp� V N G�xO — 9„LS,6£000 N — — I F — — — — ��—d �LLmJuly 6,2009 Iu men BOA 09-3352 Wall Agenda Item 3 Page 7 of 10 BOA09-3352 WALL/ 828 CLEVELAND Close Up View G f Wit, Tusk 'i 7 II Overview 0 37.5 75 150 225 300 July 6,2009 Feet Board of Adjustment BOA 09-3352 Wall Agenda item Page 8 of 10 it WIALLI 92:8 CLEVELAND �v :-� _—_.._........................................._._................ oo .—_: —£'� ..suis. —__suis__ —_— ....... ._ ... _— ----s_. _.... •sae :.. ._............._............................................................_.__. �....__........._..;._ —_ -- __...................—..........................._................._....._...._....... ...__•__._ =x:::: s_..:. -. _;.........................;.........._.__ ...................................._...._............................................. .—___ �x�m._..�...... .......... ...;........;.....__ nNn Msu ._........ _._.........._....__....._................._...................._. Mnuu suits .............. ::::::::::::::::::z::::::::::::......::z::::::::::::::::::::::::..ma;._::x:::ee::x --•eo:=— suis_---.............___....�.. ....: _.............................;.......... ?eeeeeeeeeeeF 5:::. 'eeeeeeeee°eeeeeee£eeeeeeeee_eeeeeeeeeeee_-eee x+'� _. — _:. _ ..x --__ee_ ..' Munnu .. __ — _ __ __— _.......... ........ .............._....._......._................mss s::—_x_.._ •---Y _..._....... ......_.. ....................................... _:::x::::c.::x:::-- -- _ uE= :zx:::::::::: :.::::::::. :::::e:::::::::z:::::m:::::::::::::x ::e£................ .. 'i ._......_.._. ....__... .........._............_.......... ..........................xc—::x..• ....... .___................ —._.z::::::::—.:.. — — — .�; ....._a:.;....._..._..........._. .:_=:z_........:::i`vu:.:.::..::u::.::::. .... ...suis. ;..;suis..:: :::::::::: z::::::::::::: .:::::::::::: .:::x:::::::::::::::::::::::::::::: .::...._.......................:..:-- .... ...... — --_ :c::::::::::. ss.:xx:x. s.::::::::::::::::::::x::::::x::z�::::::::_:::::::::::::::::::.:ie..... _:::::::sort..;: _ Un ._................ .... __ ._.._........................... ........._........................ ::==:s::._:::.:::::¢::.;...... _—_—_.............:.:.......... - ..........:.— ._........................_......vr::::::::::::::::::.....::::::::_.::�::�::::::i:� �c:::::::::::::::::::::c::a::c::::= ..................... :e suits _..._.._..................._. .............._....................._........_.__... _::::...;.__:_zy:::.::o -----_._..................__............_ .-..._..._...;....._..__—Kn—a::::ma£:::::'. : suit suits 'zr ::. .. : .:: �__ unvu; us HUMN is its suis__. ............._......_................................. ... __...._...Nun..._.._..... i£ . ii it ._._.... —s: .............. — _............ —_ ............... ......... mr; ._....... ::::::::::::: i"ays._.: flunnunnniununmi z....._......... .........._.. suit wvusu: eee-k4£eee£e eeeeeeeeeeeeee —_ ............................ s Miss;¢ ._xz::::: :'x::::c=... Eis . vee:::z::::::--__.: ¢; x. .._..:....F:.Seee eeeeeee3F.r ..........H. } }s _ _ — — _— __a -'�: — - - -£ - =i . . ..... ...: ......:: ._............__.....a_......_._._._......._......._...:_........_..._......:._.__.__._._.._- sum — — :.:x:::::::::::::::::::.:£.:: suits€ MM unsiussunnuninuns - - _- nunnunuunnsainu i sit! - Visit: siumumusu is xus :::::::::::::::::£' nsnuutunnunin :F_...a ...__..._._ ... ._...... ........:::::::::.........=:x.:. ........ - .. '..... i� . . ......................................... ::: .....:.... .. ........ ............. I aeras -a .. _ a: £ - . Munuannunnuunn eeeeeeeeeeeee3eeeeeeee-eeeeeeis Nuumuzut u, e f E .. .. : . uni is gtunnunn :Hu::;:;_.' is;%Nnsui nmum_u stumuu is. ......... .._...... z ......_......_............_ H.Unu ........._............. _,......_......................_.......---..._-. is u. i nnnuu is .....suit_......._........ rnunuun "£ is Hui r ............................. - £¢ . ..........................._ su _._..............._._.._ :1.1110a- .... r ......... list ..................¢ ......: ::::::: :::::x::xx �- ::m:::x:m::::::x::-x: .. Zis ::xx::::x::::::::mx:x. .... ... nnuusu_.......................... . . 1: .........................._ ......... ........ �t a us V: suits; . r' it ..£_..._......._.a 4ii:i?:iii:£i: ................... snuuu:.......................... :::::::::::::::::::::c:::::::::::::::::::e :: c;,;;;,;;;;;,, : ::u:::::::::::zx:::....unumunnnu .:ee£eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee£ee£k£.. .:. ::::..::: winnumnHu: Is is; suits anun-a— ::::::::::: _is is nuisununnul ..................................._............... _..... eeeeeHunninninn.E:x —e£eeeee£eeeeee£e-'usueeeee£eeeeeeeeeeeeeeMunnuum:eeeeeeea'. ........NNHUHnus.. :xx:::x::::::::::::::::::::::::innuu::::::::uu... ......m:. .......... ......................................._..............__ - — .. -u sit is : .suis. :x::x::::e::::::a:::xz::::::::::::::::::::::::zsnuuu:_ v.:.....:-.—a£eeee£aii:£Muumn:.;issuits its us:.:::auuu Ma ::::::::ma££ee_ __:x:m::_s:::::m::m::::::::m:::::::::::::::a t __::::.::::c:xi m:m::::c::: .....__ ..._..........._......._......_......................._. : _ : xe _..._.. •__...__........_•_•__s.. ...._............._... �¢— :_ ... ........... nunin :....::x::::x: uUnHu...suis £x ............_. : :vumnu .... ....... .._ a.. .. . .. . . .__. v.£ unu: inau: — .. . ........His us t.HMNu.. . mHun _..... :x:::::• __.. :u:::m : ::e:e£eeeeeeeeeeeeee£ ..:x: .. — ... .. ..... —_:m: — ssuuunu s esfJ_ ' mum Mzsi- -um:: :.__.._._........ .suis. ....uniumunnusur - :::::::::::xxHUNHHm Hus is HuI _— _.m:.. _ .....x.....: — — ....._..._. .. .......... ....: _ �-- x::::x:xx:.. _ e it- -_--_ _ _unuunu__ _ .: eeeeeeeeeeeeeeeee5_:eo _ __ .._ ._ ._....__._....__........ _ — n—unow :o::::::......_......._. .._....._....._........__.... .—suis.._m:£e£££s _ ........._.._.._._..........____yam:..x;..:............:.,, a is . ___•_—_—•___•__............................ sun.:.s........._....z.. iz :. Niun— ._............._...._......_._.___..:........... -- ._..._....._._x....___. ....._...._......._.........._.::z:m:.:::::::_—_:::::suis '— .•_•___• ._....._..._...._....__ —._........__..._...__•__.._..—.....__._...._.._ x..—'— .......................ess ..._..._._.__._._....._.._....—..._............_..... _._...__. �—.. :_--_ — .suis__ _...._._.._._.._...__..__._..._ ... ..._..._ == ........._. ____...._.._..._..__._......._..__ ............._.._._._.... ..__.._._._....__........___._..__ _._._.......__.._._.__.._...._........_............_. _suis... ...... .suis:. .__—•__.— ...__•__••_•_ .........._.__..._.._..._._._.....__•___.._..._..... ..._.... _........ —_ -uu 11H .. x ¢ g _ xk .6 k _ € tl tl' xv. i£ g ktl :: 'tFu is @. .' e`C!t .c t is tl9 sd •a:fis July 6,2009 Bo ard of Ad justm nt ..... ........ .._ ..suis. ......... ............... . Agenda Item 3 Page 9 of 10 July 6,2009 Board of Adjustment BOA 09-3352 Wall Agenda Item 3 Page 10 of 10 1 s C_ $ BOA Meeting of July 06, 2009 . _ V �., 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: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July 1, 2009 BOA 09-3353(WALL/812 CLEVELAND STREET,444): Submitted by JESSE DAVID WALL for property located at 812 CLEVELAND STREET. The property is zoned RMF-40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.06 acres. The request is for variances from lot width, lot area and setback requirements to bring an existing non-conforming lot and structure into compliance. Planner: Jesse Fulcher BACKGROUND: Property Description: The subject property is located at 812 W.Cleveland Street and is developed with a single-family home constructed in approximately 1951. The existing home extends approximately 7' into the Master Street Plan right-of-way of Cleveland Street. Cleveland St. is designated as a collector street along this property, requiring 70' of right-of-way;due to the close proximity with the intersection of Leverett Street. SURROUNDING LAND USE AND ZONING Direction from Land Use Zoning Site North Multi-Family Residential RMF-40,Multi-Family Res.,40 units/acre South Multi-Family Residential RMF-40, Multi-Family Res.,40 units/acre East Single-Family Residential RMF-40,Multi-Family Res., 40 units/acre West Single-Family Residential RMF-40,Multi-Family Res., 40 units/acre Proposal: The applicant is requesting variances from the lot width, lot area, side setback and the front setback to bring the existing lot and home into compliance with current regulations. Variance Issue Ordinance Requirement Applicant's Request Front Setback (South)—House 10' 0' a 10' variance) Side Setback (East)—House 8' 7' a 1' variance) Lot Width 60' 50' a 10' variance Lot Area 6,000 sq. ft. 2,613 sq. ft. (a 3,387 sq. ft. variance) K.IReports1200900A Reports107-06-0900A 09-3353(Dmid Wall 812 Cleveland).doc - July 6,2009 Board of Adjustment BOA 09-3353 Wall Agenda Item 4 Page 1 of 10 RECOMMENDATION: Staff recommends approval of the requested variances as listed herein and as shown on the attached drawing with the following conditions: 1. A building permit shall not be granted for an expansion to the structure, or for improvements that exceed 10% of the current replacement cost of the structure unless and until the City Council approves a reduction of the Master Street Plan right-of-way for Cleveland Street. 2. Future alterations or additions to the existing structures shall meet required building setback regulations, unless otherwise approved by the Board of Adjustments. Additional Conditions/Comments: BOARD OF ADJUSTIVI' MT ACTION: O Approved O Denied Date: July 06,2009 sE. E E£iv„k3I. Y yi k kE k' $ It �$_L.. CITY PLAN 2025 LAND USE DESIGNATION: City 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: 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: There are special conditions and circumstances that exist for this building and lot. The lot was plated in 1946 and the existing structure was constructed in 1951, well prior to the adoption of the City's zoning ordinance and Master Street Plan. Consequently, the lot does not meet the minimum bulk and area K:Reporm120091BOA ReporfA07-06-091BOA 09-3353(David WaR 812 Cleveland).doc July 6,2009 Board of Adjustment BOA 09-3353 Wall Agenda Item 4 Page 2 of 10