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HomeMy WebLinkAbout2010-01-19 - Agendas Tayve e ARKANSAS The City of Fayetteville, Arkansas 113 W.Mountain St. Fayetteville,AR 72701 Telephone: (479)575-8267 AGENDA FOR A SPECIAL MEETING OF THE BOARD OF ADJUSTMENT January 19,2010,3:45 PM Room 111, City Administration Building The following item will be considered: 1. BOA 10-3506 (D. HILL / 208 W. SYCAMORE, 367): Submitted by DAVID M. HILL for property located at 208 W. SYCAMORE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY 4 UNITS PER ACRE and contains approximately 0.27 acres. The request is for front building setback variances off of Woolsey Avenue and Sycamore Street to bring a nonconforming structure into compliance. 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 (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. 2010 Board of Adjustment Members Robert Kohler (Chairman) Sheree Alt William Chesser Robert Nickle Mark Waller Steven Bandy Kristen Knight • {{�� ,]Ye ��1 Special BOA Meeting ARKANSAS January14, 2010 THE CITY OF FAYFTTFVILLR, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: January 13, 2010 BOA 10-3506 (D. HILL / 208 W. SYCAMORE, 367): Submitted by DAVID M. HILL for property located at 208 W. SYCAMORE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY 4 UNITS PER ACRE and contains approximately 0.27 acres. The request is for front building setback variances off of Woolsey Avenue and Sycamore Street to bring a nonconforming structure into compliance. Planner: Andrew Garner ATTACHMENTS: • January 5, 2009 Staff report for BOA 09-3184 (David Hill).......................pg. 5 • January 5, 2009 Board of Adjustment Meeting Minutes...........................pg. 29 • January 7, 2010 Memo from Assistant City Attorney, Jason Kelley..............pg. 51 • December 3, 2009 Mediation Settlement Agreement...............................pg. 55 • Applicant's Submittal (letter from attorney and engineering drawings).........pg. 59 • Photos and Color Maps.................................................................pg. 73 • 11 x 17" survey from applicant dated 10/18/2009..................................pg. 81 BACKGROUND: Background: The subject property is located at 208 West Sycamore Street at the northwest corner of Sycamore Street and Woolsey Avenue. A variance request for the subject property was denied by the Board of Adjustment on January 5, 2009 (BOA 09-3184 David Hill). The staff report, findings, and meeting minutes are attached to this memo. The applicant has appealed the Board of Adjustment decision to the Washington County Circuit Court. A court-ordered mediation between the City and the applicant on December 3, 2009 resulted in an agreement for a modified variance request to be submitted to the Board of Adjustment for review. This modified request is depicted on the survey provided by the applicant which is attached to this packet in 11 x 17" size. Proposal: The applicant proposes to remove the portion of the existing structure located within the existing and Master Street Plan right-of-way along Woolsey Avenue, and to leave the existing structure as-is along Sycamore Street, consistent with the mediation January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 1 of 83 agreement. The variance requests are listed in Table 1. Table 1 Variance Request Proposed Variance Variance Issue Ordinance Requirement Setback Re uest Front Setback Sycamore St. south 15' 8' 7' Front Setback Woolsey Ave. east 15' 0' 15' RECOMMENDATION: Staff s recommendation has not changed from the original recommendation in the January 5, 2009 staff report for BOA 09-3184 (David Hill), attached. Staff recommends denial o� the current request. While the applicant's current proposal would remove a portion of the existing structure, the structure would still fully encroach within front building setback off of Woolsey, and would substantially encroach within the building setback off of Sycamore. The findings of fact made in staff report BOA 09-3184 also apply to the current request,BOA 1073506. Should the Board of Adjustment choose to grant the requested variances, staff would recommend the following conditions: Conditions of Approval: 1 Within 90 days of the Board of Adjustment decision the following shall be' completed: a. The portion of the existing structure including the house and deck within the Woolsey Avenue Master Street Plan right-of-way shall be removed, as indicated on the survey submitted by the applicant and in accordance with the mediation agreement. b. An amended building permit shall be provided to the City for evaluation. Updated fees including building permit fees and impacts fees based on the amended building permit shall be paid to the City in accordance with ordinance. C. Engineering approval for work that has been done shall be provided for the footings,trusses, and attachment schedule for the trusses, in accordance with all applicable codes and regulations. G:IETCWevelopment Services Review120101Development Review110-3506 BOA D.INIWoardofh#ustmen�, TAAV§etl1NW1- 19-10110-3506 BOA DavidHilLdoc Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 2 of 83 LIST OF ATTACHMENTS January 5, 2009 Staff Report for BOA 09-3184 (David Hill) January 5, 2009 Board of Adjustment Meeting Minutes January 7, 2010 Memo from Assistant City Attorney Jason Kelley December 4, 2009 Mediation Settlement Agreement Applicant's Submittal (letter and engineering drawings)_ Photos and Color Maps Survey from applicant dated October 18, 2009 (11 x 17") January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 3 of 83 January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 4 of 83 January 5, 2009 Staff Report for BOA 09-3184 (David Hill) January 19,2010 Board of Adjustment BOA 10-3506 Q. Hill/208 W.Sycamore Agenda Item 1 Page 5 of 83 Tave LLe r BOA Meeting of January 5,2009 125 W. Mountain St. AaKnNsas Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: n,.,.,.mber zn 2009 Updated January 6. 2009 BOA 09-3184 (D. HILL /W. SYCAMORE, 367): Submitted by DAVID M. HILL for property located at 208 W. SYCAMORE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.27 acres. The request is for a variance from the east and south building setbacks. Planner:Andrew Garner BACKGROUND: Property Description: The subject property is located at 208 West Sycamore Street=at the northwest corner of Sycamore Street and Woolsey Avenue. The property is zoned Residential Single Family Four Units Per Acre (RSF-4) and is within the Hillside Hilltop Overlay:District (HHOD). The. property is entirely surrounded by single family residences zoned RSF-4, with the exception of the City-owned park property(Gregory Park)to the southeast that is undeveloped woodlands and zoned P-1, Institutional. The one-story house on the property was constructed in 1960 according to Washington County records.The house is an existing nonconforming structure as it does not comply with the current front building setbacks off of the two adjacent streets.The house has been recently modified as discussed subsequently in this report. Building Permit Process:In July 2008 the applicant applied and was issued a building permit by the City Building Safety Division for "re-roofand repair/replace decking/framing"and to "cover over skylights"(see attached permit).The permit application did not indicate an expansion of the house or roofline,only repair of the existing structure,and was therefore permitted without a site plan and was not subject to review by the Planning Division. During October 2008 the Building Safety Division received a call from a citizen inquiring about the construction at 208 West Sycamore. Upon investigation, it was determined that trusses and a new roof had been installed over the existing house, deck,patio, and portions of the yard. The Building Safety Division issued a stop-work order on the property due to the fact that the structure was not being constructed pursuant to the approved permit. The applicant met with several divisions in the City discussing the project. For informational purposes memo from the Building Safety Division to the Board of Adjustment and an email from the Planning Division to the applicant have been included with this report (pages 18-21). K.Teports1200900A Reportsl0l-03-0900A 08-3184(Dm&Hill).doc January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 6 of 83 As indicated on the site plan submitted with the variance application, a new roof and trusses have been expanded outside of the existing building footprint,encroaching into the front building setbacks off of Sycamore Street and Woolsey Avenue. Photos of the new structure and an aerial photo showing the building footprint prior to the recent expansion have been included with this report (pages 22-26). Proposal: The applicant requests variances from the front setback requirements of 15 feet for the purpose of bringing the new nonconforming structure into compliance and to continue work on the structure. The east side of the structure encroaches entirely into the front setback all the way to the existing right-of-way line and five feet within the Woolsey Avenue Master Street Plan right-of-way. The south side of the structure encroaches entirely into the front setback,but does not encroach into the Sycamore Street Master Street Plan right-of-way. Sycamore Street is a Collector Street,with 70 feet Master Street Plan right-of-way and Woolsey Avenue is a Local Street, with 50 feet Master Street Plan right-of-way. It should be noted that encroachment into the Master Street Plan right-of- way may only be granted by the Fayetteville City Council and is not under the authority of the Fayetteville Board of Adjustment. Should the BOA approve the variance for Woolsey Avenue, the City Council will also have to consider this request The Board of Adjustment variance requests are . shown in Table 1. Table 1 Variance Request Proposed Variance Variance Issue Ordinance Requirement Setback Request Front Setback Sycamore St. (south) 15' (HHOD) 0' 15' Front Setback Woolsey Ave. east)* 15' HHOD 0' 15' HHOD—Hillside Hilltop Overlay District "The structure also encroaches into the Woolsey Avenue Master Street Plan right-of-way, a request that is under the authority of City Council. Request: The request is for front setbacks of zero feet off of both Sycamore Street and Woolsey Avenue(15-foot variances), to accommodate the structure recently constructed on the lot. FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area RECOMMENDATION: Staff recommends denial of the requested front setback variances based on the findings herein and that the new nonconforming structure shall be deffm isl"/removed from the south and cast front building setbacks within 90 days of the Board of Adjustment decision.(The Board of Adiustment clarified the lammape in this recommendation as noted above.) Staff would recommend in favor of variances to bring the original footprint of the existing house into compliance, however, the building setbacks for the original footprint have not be proposed or provided for review at this time. K.1Reports12009WOA Reports101-05-091ROA 08-3184(David rlill).doc January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 - Page 7 of 83 Additional Conditions/Comments: The Board of Adjustment denied the variance request as recommended by staff, with the requirement to remove the portion ofthe new nonconforming structure that is within the building setbacks, within 90 days. The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this variance. Name: Date: -x::x::::xx : x::::x:::::::::::::::::::::::x:::xx::x:::::x::::::::::::::::::::::::::::x::: :xxx= Mil.IF-MMM MET.>_-T�1:FNE�::��=d`f 11€x::::::::_:_::11 m �t:�€�:::::::-__:__:::_::_'€::_�Iu € -_:___:::::_::_::=::_::.::���1��::_ :-: :::::- ::::::::::::::::x:::::::::::::::::::::::::::::x-::::::_.:::::::::-::::::::::x:::::x::::::::::::::-x::-:-:::::::::::::x:::::: .... :: :x:::::x:x:::-::::::::_:--:::::::: ::::::::::-::-:::::::::::::--::_:-::-:::: ::::::_ :..::::..:::.....:::::: __ ::...... x...... ::ii.N:;-................................._.............................---...................._.............._................_.........................__..................._...............__............................_...............................---.. _........_..._...._...................................._......................................................................................................._...._...._......_..............._................._.... ._...................................................................._. :..:::..:..::....:: HIM :: . :::::-:-::::::::::::::::::-:::::::-:::::x::::::x:::::::::::::x::::x::::::::::x_:-::::::x::::::::::::::x:::: xx:x:x:: :::-:::: I txEE_....xxLEE�k .. x.,cll_-` .........................._....._...._...._......_....._._......._..._.._.._..__........................_...._...._.._.._..............._.._.._....-----.._.._........_......._.............................._._.. .._..__._._._......................................._......._..............................................__......_..........._........................._............................................................__.._................_. _. :::..................... ::xlliii1E11F.i1F.i111F.EF.F.51F.eeeeee='iF.eeeF.:-eF.ee=:e3:eF.:e-3]-2 iiB] eieFieeee=_eeeeeeieee :c:::::x __::::__.____11x:111o11111F.i21e1111F.211211F11�11111i1:0111:1:11131 _ e a e. !e a-'.........................'F : .::::::::::::::::::::::::::::::::e-:...........52.............'.1................................' eeeeeeie-eeei_; 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: Special conditions do not exist for this property related to the new proposed building setbacks.The existing house on the property does not comply with the current building setbacks. This is not uncommon in older neighborhoods and Fayetteville UDC Chapter 164.12 permits repairs,renovations,and even some additions to such structures provided the work complies with City codes. The approved building permit signed by the applicant specifies "re-roof and repair/replace decking/framing"and to "cover over skylights"and is attached to this report. However, the applicant did not construct the improvements as permitted and substantially expanded the roofline with supporting trusses almost 20 feet from the existing structure in some directions. Staff does not support building new structures in building setbacks and violating a signed building permit as occurred with this project.This situation is an egregious violation of building setback requirements and the building permit process and would be injurious to the neighborhood and streetscape to leave the K.IReporaL0091WOA Repora101-05-091ROA 08-3184(David Hillo.doc January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 8 of 83 structure in its current location. The east and south sides of the subject structure are obviously closer to the street than adjacent houses. Staff recommends removing the portions of the structure that encroach into the building setbacks off of Sycamore Street and Woolsey Avenue.This would bring the structure into compliance with the approved building permit and the requirements for all other existing nonconforming structures.The construction of a new roof over the existing owner-occupied house is permitted as long as the structure is not expanded further into the building setbacks than the existing home. 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 that are commonly enjoyed by other properties inthesame district. The - . . . applicant has a right to repair the single family dwelling on the property in conformance with City ordinance as other properties have done in the same zoning district and neighborhood.As mentioned in Finding No. 1,the applicant may repair the roof over the existing nonconforming structure as long as the roof is not expanded further into the required building setbacks. The right to continue to use the property for a single family residence as commonly enjoyed by other properties in the district is not deprived by enforcing the required front building setbacks. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special circumstances requiring the requested variances are a result of the applicant violating a building permit and expanding the structure into the required building setbacks. 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 variances would confer special privileges on the applicant as other structures in the RSF-4 zoning district and this immediate neighborhood are required to conform to building setbacks and approved building permits. 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 K.tReportsl2009WOA ReporislOI-05-09WOA 08-3184(Dawd Hill).doc January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 9 of 83 � I 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 January 5,2009. 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: As discussed in the Findings included in this report,the reasons set forth in the application do not justify granting the variance as proposed. Staff recommends denial of the variances and demolition/removal of the portions of the new structure that were extended further into the building setbacks than the existing house. 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 variances as requested will not be in harmony with the general purpose and intent of zoning regulations. Staff finds that leaving this structure in its current location in the front setbacks would result in an adverse change in the Sycamore Street and Woolsey Avenue streetscape,due to the structure being located noticeably closer to the street than surrounding structures. 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 denial of the requested front setback variances. K,1Reporb120091ROA Reporb101-05-0900A 08-3184(David Hill).doc January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 - Page 10 of 83 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.MeportA20091BOA ReporaW-05-09WOA 08-3184(David Hr[[J.doc January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore _ Agenda Item 1 Page 11 of 83 ' From: �Dav�ZX1���ao|�oon�� � � " �~ ' `- � , � ` ^ ~' �- ^^ / *~ � � M. ' To: agame� ci.�e�mi||e.ama �� R� /����?, 'b OF ��b-ll S� ��f /� 1 ��mke: 12O/ 84:42PyN | ----------- Subject: try this and let oneknow, | no ` iedandpastedinUhebody. ' � � Dear Chairman and Board of Adjustment members, � | David Hill on behalf of myself and family wish to have avariance granted � onn:ypatio roof. /was told that dwas inthe setbacks, but have yet to have any 2people from the planning orpermit division say the same number of feet that iathe setback. lhave heard (in feet) 0' 5, 7.5. 1U, 15. 20' 25and 38.3. | still donot know who has the final say ofwhat onysetback is. The reason for even requesting avariance iathat|went through every step � that the city told onetuand was unaware ofany setbacks. | went tothe / permit department and told them that| was going tobuild anew roof over nny � existing roof, taking out the flat roof and skylight and making 1 long gable roof that extends over noy deok/patio. | explained that| have never had toget a permit and did not know how to do it. Marinda at permits helped me fill it out / and |was told that aalong as | did not increase the square footage of . living space that | did not need any blueprints orplans and was issued the � permit for are roof alter. For 3months|worked ononyhouse fighting wind and � rain and hurricanes. on10/27/08 | had aphone call from WYarindaatthe permit | offioe' she said that there were nucomplaints but the inspector Steve Johnson was concerned that| might b getting close tuthe setbacks ufthe property. She said that itlooked bigger than what they had thought and asked if| ' could bring them adrawing with dimensions, | said okand have someone working ! unthat | asked who| needed totalk tuthat could tell nnethe setbacks and ' she transferred metoKarl Latthe city planning office. Karl looked atthe / satellite picture and said that| looked uktohim, but hedid not have the . specific boundaries, hesent metothe county assessor and | explained itto them and they sent nnetuthe circuit clerk toget acopy ufonyplat with the specific boundaries 7went tuthe clerk and she pulled upthe plat and made ' | copies for me. I asked her where the boundaries and setbacks were and she said | that myproperty start 20feet from the center ofSycamore and center of � Woolsey and that there were not setbacks and that ianormal inolder parts of � town. She also looked upany covenants and there were none. She said that| ano � allowed to build uptomyproperty line. | spoke toretired Judge Charles � Williams and explained everything tohim and hesaid that | amclear all the way � to my property line. � Adthis point | was nearly complete and shingles were ordered and everyone in the neighborhood was excited and commenting unhow itwas going tomake the � property values better and really liked the design. | was finishing upand � getting the roof dried inwhen on11/0/U8inspector David Truax stopped byand said that they had some complaints from neighbors that| might beinthe � setbacks. | asked who it was and hesaid hecould not tell me, but that is public information. | explained ' � � looked good, hesaid b)godown and talk b)Amy atcity planning muthat she � could have something to tell people that called in. | asked David before he left how the roof looked and ifthere were any problems, hesaid that itlooked sound and sturdy and husaw noproblems. 0n11/12/08at4:15 |went to the planning commission and talked to Amy. | explained everything toher and she said that the court house should not have told noethat there were nosetbacks. ! | asked her what were the setbacks were and she said 15feet then she said 38feet which noyhouse iainand she said that isthe case sometimes inthe � � January 1A.2o10 Board v/Adjustment BOA 10-30000. xi|xuoovv.Sycamore Agenda Item 1 Page 1uv|83 Andrew Garner-t this and let me now I co led anasin the bodge ,__. _ Page 2 older sections of town. I explained what I was doing and she said that it sounded fine but she would have to come take some pictures and review it and as long as it is a roof alter and not a home addition that I should be fine but we might have to get a variance since it is in the setback and it is an older home. I asked her who had complained and she said that she had not had any calls, this is contrary to what David Truax told me and I quote"Amy at the city planning sent me out because she had numerous neighbor complaints".Amy said that was not true and that the only one that has said anything is inspector Truax and just that he thought I may be in the setbacks. Amy said that she would try to get out this week and take some pictures. On Thursday November 13, 1 received a certified letter from Steve Cattaneo, stating that I was building without a permit and that I was going to be fined $250 a day and have our water shut off,when I called his office he had already left and the woman I spoke to said that I had done more than my estimated cost, I said that is what an estimate is and I left a message for Steve to call me. On Friday the 14th I called Amy at planning to find out why I received such threatening letter when she said everything was fine, she did not know and transferred me to Steve. I explained the situation to Steve and he said that David Truax told him that he severed me with a stop work order on Friday the 7th, in which that was another lie that this city official made, since have not spoken or heard from him since Thursday the 6th in which he said everything was fine when he left. I told Steve that I do not want inspector Truax to set foot on my property and if he is lying to people on job sites and to his superiors then he should not be in the position that he is in and want to make a formal complaint He said that he would look into it and that inspector Truax would not be allowed to come to my job site anymore. I told him that it was wrong for a person in his position to just send a threatening letter to a taxpayer and a lifelong citizen of Fayetteville before he had spoken to me himself.Around PM I received a call from Steve and he said that he had been to my house to look for himself and that it was quite impressive and he saw nothing wrong, but that I needed to resubmit my permit and provide a site plan. I do not know what he was talking about and he said to use the plat that the clerk had gave me and draw my house dimensions on it and they would look at it. I discussed the issue with several contractors attorneys and retired Fayetteville Judge and everyone of them told me that a site plan is only required if you make new foundation and add square footage to an exciting home or building a new home. They also said that I should not have to resubmit anything since I have done exactly what was asked of me and was issued a permit to alter my roof and have done just that and nothing more but the city just wants to push citizens around and try to get more money out of them. I have had several artist that wish to install stain glass around the opening since this is a wonderful work and can be enjoyed by all. On November 17th , my wife and I had a meeting with Dan Coody mayor of Fayetteville, I explained all of the run around that I have been going through with the city and he said that he was aware of the problems in that division. He agreed that the site looked fine and that I should be able to continue. He left a message on Steve Catteno telling him to let us finish and leave us alone. Gary Dumas came in and the Mayor told him the same thing and told us to go and explain everything to him. Right away you could tell he was mad that we were complaining about his departments problems. I asked him to sign the letter or give me something in writing so I could continue and he refused saying that he would not allow me, no matter what the Mayor had said. I called the mayor back and left a message about this and at that point Gary stated that we were January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 13 of 83 Andrew Garner-t this and let me know,copyied and pasted in the body. Pa e3 ) dealing with the mayor and could do what we wanted. I again asked him to sign that it was ok to work and again he refused, he stood up for us to leave and we did. I called the Mayor back and he said he was dealing with Gary and would let us know. Late that afternoon, Gary called and said that he would have someone meet with me on Tuesday. On Tuesday the 18th Gary and another inspector Vel met with me and instead of addressing the setback situation, they started talking about how I needed to draw up detail plans of my wall attachments and have to get a certified engineer to ok the beams. I said that I was told none of that from the permit office and they said that the permit girls do not know what is needed. I also asked why it has been 3 months before someone has said anything and I was told that I just slipped through the cracks and it just happens. I asked why I was sent to the courthouse to find out my plat boundaries and setbacks and was told there were none and they said that they did not know anti should not have told me that there were none even though that is who the planning dept told me to go to. They told me to go see Amy and get a variance request started. Thursday November 20th I went to see Amy and she gave me the paperwork and to me to go to the accessors office to get neighbors names and to meet back Friday at 4:00. So that puts us to this point of requesting a variance for a unknown setback on a completed roof that covers my deck/patio that not only makes the house more appealing to everyone but has also encompassed the views of the majority' of Fayetteville citizens by designing the roof to offset one tree and go around another so that they were not cut down. By adding this feature it makes my patio cover very unique and when it is finished out with stain glass and cedar wrap. I petition this board to please grant our family this variance on the facts that I was unaware and misinformed after doing everything that I was told by the city departments and completed construction under the permit that I was issued doing exactly what I said that I was going to do. On Friday the 21 st I meet with Andrew Garner in planning and he is actually the first person to show me officially what the setbacks are, and that mine is 15 feet from the right away which my existing house and deck have been in for over 16 years. He to told me to request a variance of 15 feet. On Tuesday December 2nd I met with Andrew again to file for the variance and he showed me that there was an additional 5 feet of master street plan that we were unaware of. So I am requesting a 0-foot building setback off of Woolsey Ave. and Sycamore(a 15-foot variance off of both streets) to accommodate the new roof line that has been extended over my house and deck. In addition, I am requesting a variance from the City Council to vary the master street plan right of way on Woolsey Ave. from 25-feet from centerline to 20 feet from centerline. January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 14 of 83 Andrew Garner-t this and let mek_ now l copvied and pasted in the bow. Page 4 Thank you for your time and consideration on the matter. David Hill David Hill and family .***'*'**'*Make your life easier with all your friends, email, and favorite sites in one place. Try it now. (http://www.aol.comnoptin=new-d p&ic id=aolcom40vanity&nc id=em icntaolcom 00000010) January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 15 of 83 i I Q w t I t � 1 �6sB F4srnitow i NEw c ovt� dick I 1 SP ROW 1 VVY I 1 1 '.a Z.0. Is 3S'A SP ROVv , 208 Sycamore Street fy1)P Row: rnat+Or S+Itf+Ptah Jam4ir6 %(% Ogs 30 feet wp(/yy 30 591,a of A ustment 30 Feet gSB : 6Ni�d:n4J SB}bACIS - amore Page 16 of 83 App s:c`Ps Draw; J, nq Sanaar X09 Vat:wnce r ik «.. R G i= i 1 � ` - 4 i -.•-- l �a��y -mss. . • A N _ c `- �•of � "tee<- -��� ' �"x".�.. ._,.___ •o, u • e <n�".^]yE<0 tea,x•9 1 '� ... 1 �`... . .. January 19,2010 - Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 17 of 83 A i:ca„fs SL6in: 41 W; 101 Q 10 Iry x _ 6 4 � ; ;t Y �L J. -Board of ustment f BOA 1 06 D19, 61. Hill/208 W.Sycamore Age Item 1 P re18 of 83 PETITION OF PROPERTY ENHANCMENT 208 W SYCAMORE FAYETTEVILLE AR. By signing below I feel that the work that has been done at this residence not only looks very good but will improve and enhance the neighborhood and increase the property values. Mr Hill done a great job in preserving the trees and making the house interesting and clean looking. I have no problem in the way that this project has progressed and glad t6 see it done. Name . Address Phone Number �Jl� 11!±�44 31Al ,&'Lp _ -3 e 7 Z - VY 74 /;' zea. i , erm 'Lit W . F 217/ w 4, A .< F 6'a/.501 1 r 7 � 73d �7 ,2A P11-es r i 7sl- �' 2i /3 713c r -oqt 14 1!�a u, ��� 7c1 Y - Z t Leyll — Z /, , i?�y�• sow i� January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 19 of 83 PETITION OF PROPERTY ENHANCMENT 208 W SYCAMORE FAYETTEVILLE AR. By signing below I feel that the work that has been done at this residence not only looks very good but will improve and enhance the neighborhood and increase the property values. Mr Hill has done a great job in preserving the trees and making the house interesting and clean looking. I have no problem in the way that this project has progressed and glad to see it done. Name Address Phone Number f�Wunfy),-Coomll om6.ZP3f rno —M31 3- % L, S 7f - 3a of 3 fel A- �lulCef✓ R- 3 9 80 f>? 2 t)q Pacv bi 313-Oy2 122-3too 3 via w2- January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 20 of 83 U PETITION OF PROPERTY ENHANCME T 208 W SYCAMORE FAYETTEVILLE Aft By signing below I feel that the work that has been done at this residence not only looks very good but will improve and enhance the neighborhood and increase the property values. Mr Hill has done a great job in preserving the trees and making the house interesting and clean looking. I have no problems in the way that this project has progressed and glad to see it done. Name Address Phone Number 9 • �� 172 l d'/1 l9 70- 3a 1 ,12q G y>q B y 7 - z 14-7 Q 311 - G 4' L✓ 9 a Y S"Si C .. 4� 7Ut(c /ed January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 21 of 83 - or.Y.M.Fakunle 1700 Woolsey Fayetteville,AR 72703 November 11,2008 To Whom It May Concern: RE:Property an 208 West Sycamore Street My property on 1700 Woolsey,Fayetteville AR 72703,is located adjacent to Mr.David Hill's property on 208 West Sycamore Street I have no concerns with the ongoing renovation at Mr.Hill's property. Thank you. Dr.Y.M Fakunle January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 22 of 83 BUILD 1G PERM rT A.P P .L. I C J7 )N City of Fayetteville, Arkansas BUILDING SAFETY DIVISION 113 W.MounEain St,Fayetteville,Arkansas 7270I Phone 479-575-8233 Fax 479-575-8243 Inspection Request479-575-8236 Request Inspections on Line http_-//epov ccessfavettevilla or /bu'1 Ask for your PIN# A/P NUMBER tP SUBDIVISION- LOT#:_ SrrrE ADDRESS: e111 S Yr �JGC✓c W 14,rd jU kk/ SVc�.ecrlw�. - �l'9 7fa Yts�CY meWug Aearere: 'p m��-- fir, ooe: o re ease r1 pees: ew m na• Z'-Ili �i FOR: Commercial Bldg: #Tenants: #Dwellings:— Single Family: Alex:0 Townhcme:0 Project/BushmsiName: A" TYPE OF WORK Footing Only: 0 New 0 Addition_ [] Alteration: 0 Repair. 3'� Moving:❑ Exterior Only. 01- eT Finish: 0 Desigo/Bid: Demolition:. Other. Use o[Bm7ding: % Previous Use: VALUATION OF WORK DESCRIPTION OF WORK: o G ams r Building: $ 0 .00 rc Electrical: $ .. Plumbing: $ Structure: - Wood Metal: Masonry: Foam Form Mechanical: $ Wall insolation: Batt Blown: Slab Floor YIN: Misc: $ Retaiv;�o wall YIN? Ground Slope>than 15%YIN? Total: $ Base Elevation: Finished Floor. C BUILDING INFORMATION OFFICE USE ONLY Reviewer: #of Stories: Sum Total of Area: Construction Type: Height Total Heat/Cooled: Oanrpang Gaup: Length: Total Unheated Max Occupauoy Load: Width: Add/Alt Area: /�".�� Protection(hours): Unfinished Basement Fire Zone YIN: Spanklered YIN: NOTICE: Separate permit are required for electrical, plumbing, gas and mechanical. This permit becomes null and void if worMonstruction authorized is not commenced within 6 months, or ifworkpended or abandoned for a period of 6 months. // f© Signa ure oEOwner/Contmctor(Authorized Agent Date � Revised:5/22/2007 Note:Inspection ofpemutted wmk may reveal rode Wolationr wtdismumd dsonrgp1=mmjg uary 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208-W.Sycamore Agenda Item 1 Page 23 of 83 T NA aye .ARKANSAS The City of Fayetteville,Arkansas BUILDING SAFETY DIVISION DEPARTMENTAL CORRESPONDENCE TO: Board of Adjustments FROM: Steve Cattaneo, Building Safety Director DATE: December 26,2008 RE: 208 W. Sycamore Street contact timeline The source of this information is from our records and the recollection of events by staff. Our only goal was to have Mr. Hill correctly indicate the scope of work so that it could be either approved or enter into the appeals process. On July 8`h, Mr. Hill made application in our office for a permit to"re-roof& repair/replace decking/framing"and to "cover over skylights"at his home. The cost of this work was to be $1800. Because there wasn't to be any change in the building foot print, this permit was not sent to planning for review and approval. The permit for the work was issued on July 10th. Everything on this application is consistent with a residential re-roof and repair. In mid October, our permit clerk, Mirinda Hancock received a call from a citizen enquiring about the structure at 208 W Sycamore. Mirinda called inspector Steve Johnson to go by and check the complaint. Steve reported back to Mirinda that trusses had been installed over the existing house that exceeded the footprint. Mirinda then contacted Mr. Hill advising him to "get with planning to try and correct the issue." About November 3rd, inspector David Truax checked the site again due to another citizen complaint that work was continuing. David talked to Mr. Hill who informed David that he had already checked with planning and that there were "no setbacks". David advised Mr. Hill to check again with Amy Sloan in the Planning office. David asked Amy to let him know when she had heard from Mr. Hill. January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 24 of 83 After hearing nothing from Amy, David checked the job on the morning of Nov. 6`h and observed that the work was continuing. He checked again that afternoon and since no one was at the site during either visit he posted a Stop Work Notice. The notice again asked Mr. Hill to check with planning and to make corrections on the permit. On Nov. 10`h, David checked the site again then reported to me that work had continued and the roof was now shingled. I mailed a Violation Notice to Mr. Hill for"Building without a Permit" because the scope and costs of work were obviously greater than he had indicated on the original permit application. On Nov. 14`h, Mr. Hill contacted me about the Violation Notice. I reiterated that he needed to bring in a site plan and make application forthework that was done. That afternoon, Amy Sloan and I visited the site;took pictures and measurements from the street. It's my understanding that Mr. Hill has met with Mayor Coody and Gary Dumas concerning this situation. Mr. Dumas and inspector Vel Moses met Mr. Hill at the site around Nov. 19`h We are monitoring the violation notice and have not forwarded it to the prosecuting attorney pending the decision of this board. January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 25 of 83 Andrew Garner-Scaled site plan for 208 E. Sycamore JAAIL- T-V-O"v% P&-ru /Vl1VG aI✓tSIvN TO AM-Ic-ft'la I 0/2ti 0 I .4 Z) From: Karl Lintvedt To: davidzxl1@aol.com Date: 10/27/08 2:49PM Subject: Scaled site plan for 208 E. Sycamore David, Here is the scaled site plan for 208 E. Sycamore that I'm looking at. The black lines are the property lines' Its difficult to tell exactly where the footprint of the structure is located, but if it's the brown shape directly under the"208 SYCAMORE ST"label, then the structure appears to be out of the setbacks, that is, 25 ft. from the property lines that face both Sycamore and Woolsey. Hope this helps. Karl Lintvedt Planning Technician City of Fayetteville 479-718-7688 January 19,2010 Board of Adjustment BOA 10-3506 D. Hill/208 W.Sycamore Agenda Item 1 Page 26 of 83