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Home My WebLink About2011-04-04 - Agendas • Tae;ile ARKANSAS THE CITY OF FAYETTEVILLE,ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephone: (479)575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT MONDAY,APRIL 4, 2011 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the February 7, 2011 meeting. New Business: 2. BOA 11-3796 (1849 South Garland Avenue/Curtis Skelton, 599): Submitted by CURTIS SKELTON for property located at 1849 SOUTH GARLAND AVENUE. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 4.38 acres. The request is for a variance from the front building setback to bring an existing nonconforming structure into compliance. Planner: Andrew Garner 3. BOA 11-3797 (112 South Hill Avenue/Hill Avenue Court, 522): Submitted by ROBERT SHARP ARCHITECT, INC. for property located at 112 SOUTH HILL AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 0.45 acres. The request is for a side building setback variance along the north side of the structure to bring an existing nonconforming structure into compliance and permit an expansion. Planner: Dara Sanders 4. BOA 11-3798 (3311 North College Avenue/Lewis Brothers Automotive, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 3311 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.27 acres. The request is for a front building setback variance to allow construction of a canopy on the south side of the building. Planner: Dara Sanders 5. BOA 11-3795 (6855 Rest Wedington Drive/Lois Guist, 434): Submitted by LOIS GUIST for property located at 6855 WEST WEDINGTON DRIVE. The property is zoned R- A, RESIDENTIAL AGRICULTURAL and contains approximately 2.23 acres. The request is for a lot width and lot area variance to bring a recently installed mobile home into compliance. THIS ITEM IS REQUIRED TO BE TABLED. Planner: Andrew Garner 6. Election of the Board of Adjustment Chairman for 2011. 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. 2011 Board of Adjustment Members Robert Kohler (Chairman) Sheree Alt Jeff Hagers Steven Bandy Evan Niehues Kristen Knight Nancy Firmin Page 1 of 5 MINUTES OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on February 7, 2011 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: January 3, 2011 Approved Page 2 BOA 10-3718 (3725 Monte Valle Manor, 100) Approved Page 3 BOA 10-3760 (1740 W. Crowne Drive, 598) Approved Page 4 MEMBERS PRESENT MEMBERS ABSENT Sheree Alt Steven Bandy Robert Kohler Kristen Knight Evan Niehues Nancy Firmin STAFF PRESENT STAFF ABSENT Jesse Fulcher Andrew Garner Dara Sanders Jason Kelley Jeremy Pate Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. April 4,2011 Board of Adjustment 2-7-11 Minutes Agenda Item 1 Page 1 of 6 Page 2 of 5 Approval of the minutes from the January 3, 2011 Board of Adjustment meeting. Motion: Commissioner Knight made a motion to approve the January 3, 2011 Meeting Minutes making a change to reflect that she was not in attendance. Commissioner Alt seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. April 4,2011 Board of Adjustment 2-7-11 Minutes Agenda Item 1 Page 2 of 6 Page 3 of 5 BOA 10-3718 (3725 Monte Valle Manor/Molle, 100): Submitted by PAT DACUS AND PAT MOLLE for property located at 3725 MONTE VALLO MANOR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS/ACRE and contains approximately 0.27 acres. The request is for a variance of the side and rear building setbacks for a newly constructed masonry and stone fire pit, chimney, and outdoor kitchen. Andrew Garner, Senior Planner, gave the staff report recommending denial finding that there was no hardship or legal basis for the variance. Board Member Kohler asked if the work to lower the chimney has been done. Pat Molle, applicant, discussed that the work had not been done but that they had obtained estimates for the work. Board Member Kohler discussed that this board had approved similar cases as this in the past, and that these are new property buyers and were not the instigators of the violation. Board Member Knight asked if the City Building Safety Division had inspected the outdoor kitchen. Garner responded that, no, it had not been inspected. Board Member Alt discussed that there have been many cases where this board has approved variances for intrusions into the setbacks for overhangs and other issues. She felt okay with this request since it was the buyer requesting the variance and not the builder. Patt Molle, applicant, discussed that she represents the buyer and the seller. They were all surprised when the survey revealed the violation. She described the background of the construction of the outdoor kitchen and how the violation got to this point. Neighbors have been notified of the request and have not complained. Mrs. Waltman, applicant, discussed that they recently bought the house and stated that there were others in the neighborhood that have similar chimneys. No public comment was presented. Board Member Kohler asked about how the removal of a portion of the chimney would be enforced. Garner responded that if the board chose to approve the variance, staff recommends some conditions of approval on page 4. April 4,2011 Board of Adjustment 2-7-11 Minutes Agenda Item 1 Page 3 of 6 Page 4 of 5 Motion• Board Member Alt made a motion to approve the request as recommended by staff. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. April 4,2011 Board of Adjustment 2-7-11 Minutes Agenda Item 1 Page 4 of 6 Board of Adjustment Meeting February 7, 2011 Page 5 of 5 BOA 11-3760 (1740 W. Crowne Drive/Crowne at Razorback, 598): Submitted by GREGORY JONES for property located at 1740 WEST CROWNE DRIVE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, TWENTY-FOUR UNITS/ACRE and contains approximately 25.65 acres. The request is for a variance of the build-to zone and minimum buildable street frontage to bring existing non- conforming buildings into compliance. Dara Sanders, Current Planner, gave the staff report. Greg Jones, Applicant, described the project background and explained that the request is a result of financing reasons. Jason Kelley, Assistant City Attorney, discussed the legal implications of the financing issue in terms of insurance and collateral. No public comment was presented. Motion: Board Member Knight made a motion to table the request indefinitely. Board Member Nieheus seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. All business being concluded, the meeting was adjourned at 4:75 p.m. April 4,2011 Board of Adjustment 2-7-11 Minutes Agenda Item 1 Page 5 of 6 April 4,2011 Board of Adjustment 2-7-11 Minutes Agenda Item 1 Page 6 of 6 Taye V�� e BOA Meeting of April 4, 2011 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 Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: March 31, 2011 BOA 11-3796 (1849 South Garland Avenue/Curtis Skelton, 599): Submitted by CURTIS SKELTON for property located at 1849 SOUTH GARLAND AVENUE. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 4.38 acres. The request is for a variance from the front building setback to bring an existing nonconforming structure into compliance. Planner: Andrew Garner BACKGROUND: Property: The subject property is located at 1849 South Garland Avenue and is zoned I- 1, Heavy Commercial and Light Industrial. There is an existing 5,000 square foot building located on the property that was constructed in 1920 according to Washington County parcel records. A survey of the property attached to this report indicates that the structure is located within the east building setback off of Garland Avenue, and is approximately four feet into the Garland Avenue right-of-way. The surrounding land uses and zoning are shown in Table 1. Table 1: Surroun ing Land Use and Zoning Direction from Land Use Zoning Site North Industrial I-1, Heavy Commercial and Light Industrial South Multi-family RMF-24, Residential Multi-Family 24 units per acre East Single-family RMF-24, Residential Multi-Family 24 units per acre; I-1,Heavy Commercial and Light Industrial West Industrial I-1,Heavy Commercial and Light Industrial Request: The applicant requests Board of Adjustment approval of a variance from the east front setback to allow for a zero-foot setback (a fifty foot variance) to bring the existing structure into compliance in order to permit improvements to the structure. It should be noted that the issue with the front of the building being in the right-of-way is under the purview of the City Council, and the building setback request is under the purview of the Board of Adjustment. April 4,2011 G:IEMDenelopment Services Review120101Devefopment Review110-3715 BOA 1515 Bahr Oak Drive AAOIBOAV2-061986®lpflAtriustment &Redlines BOA11-3796 Curtis Skelton Agenda Item 2 Page 1 of 10 Public Comment: Staff has not received public comment for this variance request. RECOMMENDATION: Based on the findings included herein, staff recommends approval of BOA 11-3796 subject to the following conditions of approval: 1. Other than the requested variance, development on the property shall comply with all development regulations of the underlying zoning district on the property. 2. A building permit shall be obtained prior to commencement of any construction. 3. Prior to building permit, approval must be granted by City Council to allow the front portion of the building to remain within the right-of-way for South Street. BOARD OF ADJUSTMENT ACTION: 0 Approved 0 Denied 0 Tabled Date: April 4, 2011 Motion: Second: Vote: FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION: City Neighborhood Area 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. 1. Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: The existing structure was constructed in 1920 according to Washington County parcel records, well before the current zoning district requirements. Staff finds that the preexisting nature of the encroachment into the building setback constitutes a special circumstance peculiar to the building involved. April 4,2011 G:ICMDevelopment Services Review120111Developme,il Review)11-3796 BOA 1849S Garland Are(Skelton)101 BOA II§6jyff of Adjustment 20111Con ments and Redlines BOA11-3796 Curtis Skelton Agenda Item 2 Page 2 of 10 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: As noted in the applicant's application the plan is to improve the structure to allow for its continued use as an industrial storage building. However, due to the fact that this is a nonconforming structure literal interpretation of the zoning regulations related to nonconforming structure would limit the amount of improvements and additions to the existing structures to 10% the replacement cost of the existing structure. The proposed improvements would likely exceed the 10% threshold and a variance is required prior to building permit. Staff finds that the limitation of only being able to improve/renovate this historic building to 10% the replacement cost would deprive the applicant of rights commonly enjoyed by others within the same zoning district to renovate an existing structure and continue a reasonable use of the structure. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The building setback variance for the existing structure is not the result of actions of the applicant, as the structure was constructed in 1920. 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 to bring the existing structure into compliance will not confer special privileges as the structure was built well before current zoning requirements. 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. April 4,2011 G:IEMDevelopment Services Review1201 10evelopment Reviewl11-3796 BOA 1849 S Garland Ave(Skellon)101 BOA 86M of Adjustment 10111Comments and Redlines BOA11-3796 Curtis Skelton Agenda Item 2 Page 3 of 10 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, April 4, 2011. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: The requested setback variance is the minimum needed to bring the existing nonconforming structure into compliance, and to allow for needed renovation and maintenance. 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 structure has been located on the property for approximately 90 years and has been continually used for industrial and storage use, however the building is in need of some fairly major repairs and maintenance. Granting the variance for the existing structure to allow for the renovation will be in harmony with the general purpose and intent of zoning regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Rather, the variance will be beneficial by allowing the structure to be renovated and needed repairs completed. 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 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 April 4,2011 G:IEICIDevelop,nent Services Review110111Developmenl Review)11-3796 BOA 1849S Garland Ave(SkelmnJ101 BOAI66"of Adjustment 20111Connents and Redlines BOA11-3796 Curtis Skelton Agenda Item 2 Page 4 of 10 said district. Finding: The Board of Adjustment may grant variances to bring the existing nonconforming structure into compliance with the I-1 building setback requirements. In addition, as the front of the structure is located within the Garland Avenue Street right-of-way, approval from City Council to recognize and allow the building to remain and be improved in the right-of-way is required prior to issuance of building permit. April 4,2011 G:IEMDevelopnenl Services Review1201 11Developmen!Reviewlll-3796 BOA 1849S Garland Ave(Skellon)101 BOA 56416 of Adjustment 20111Commena and Redlines BOA11-3796 Curtis Skelton Agenda Item 2 Page 5 of 10 March 8, 2011 City of Fayetteville,Arkansas 125 West Mountain Street Fayetteville,AR 72701 Board of Adjustment Variances: Building Setbacks New owners requesting for City Council variance and resolution of the Master Street Plan right-of-way and set back to improve the structure in the city right-of-way. Building size is 50x100 feet, 5,000 square feet. There are no off street parking to be provided. New owners do not wish to tear down building in right-of-way. Building was built in 1920 before set back existed, and new owners wish to continue building use as storage. The applicant is not requesting that special conditions, circumstances, and/or privileges as a result of this variance,just continued use of building. Sincerely, Morgan Hooker April 4,2011 Board of Adjustment BOA11-3796 Curtis Skelton Agenda Item 2 Page 6 of 10 9� 3 1 � I I 1 M..6-Gf 9i x I i ; o G • ik 1 G?ill _ _ f -_____J�,_ �,� � I t31 �s b u 1,9g9g,� lix AIM f!, �Slixttit_s�" J� L.I.1.. xor�a'u•[ 460.k — 6 s6..ap IS 1 n € . s ( ; tint t sf 3 3g, 1 t d , 1 .s 11 ' i li a f1j ft ia , � al € s �� t dad .,� x ❑ e , ,o`S�aaoaa",•m e. T YY JP iPit "•� ... .'•'�•_ ��lflt 9%!;% i a:sne s § �6ei ''•6 sYpR~• 1 S s =64 BOUNDARY SURVEY B Cutins CFS 606 itis Skelton Page 7 of 10 BOA11-3796 CURTIS SKELTON Close Up View w a a .. //• �" 6UONEST - ppC I pq ry LANE)WAY - SUNCHASE C7 SUBJECT PROPERTY RLfGO ST PE i J - � CtINEAVE _ JUNCTION ST - 'nMFaq > rr o r WZDV C-1 = i RMF.12 , RSF•9 O K Legend ° U EDEN CIR 5f BOA11-3796 = ......•••..- Muti-Use Trail (Existing) 6z , ^^ Future Trails ,,� ,,,Footprints 2010 _ Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di 5trict ------ Planning Area 0 150 300 600 Boo 1,200 Fayetteville Fee, April 4,2011 boara or AZIjusimem: BOA11-3796 Curtis Skelton Agenda Item 2 Page 8 of 10 BOA11-3796 CURTIS SKELTON One Mile View USLIC 545. ':tlz axil RA FIF t ....... •b7 - `l. - I- . flL n t '� OFFICE DR 44 O 41 PUBLIC 1250 I •�q I �. '5�VATE 138W 4:ST SUBJECT PROPERTY ST Ltd asFa Asr-F;vm� z '� o-t or 6 I�1 4' ' RSFI MFa L1'DE30ALE DR a: .: ' .' •q HOPS ra' +•1� R � .sl�IxoP�[ure --- I 'G MON7ppM9RY� Overview Legend BOP 11-3796 F Subject Property ®BOp11�3798 y I Desi Overlay District t_•-_. n Boundary Plan iing Area WIN fir- ;- Fay tteville �r' r 0 0.25 0.5 1 `` M les Board of Adjustment BOA11-3796 Curtis Skelton Agenda Item 2 Page 9 of 10 April 4,2011 Board of Adjustment BOM 1-3796 Curtis Skelton Agenda Item 2 Page 10 of 10 aye BOA Meeting of April 4, 2011 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: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: March 30, 2011 BOA 11-3797 (112 South Hill Avenue/Hill Avenue Court, 522): Submitted by ROBERT SHARP ARCHITECT, INC. for property located at 112 SOUTH HILL AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 0.45 acres. The request is for a side building setback variance along the north side of the structure to bring an existing nonconforming structure into compliance and permit an expansion. Planner: Dara Sanders BACKGROUND: Property Description and Background: The subject property is located at 112 South Hill Avenue and contains 0.45 acre. The site is zoned RMF-40, Residential Multi-Family 40 units per acre and was developed for two multi-family structures in 1970, according to Washington County property records, prior to the City's current zoning regulations. The structures have been vacant for several years and are in poor condition. Within recent months, a portion of the existing structure along the north property line has been removed, and the applicant has obtained Site Improvement Plan approval (SIP 11- 3768) to rehabilitate the remaining structures and for an addition adjacent to South Hill Avenue. Development approval is contingent upon Board of Adjustment approval of a variance request to bring the remaining portion of the nonconforming structure into compliance, as the northeast portion of the roof overhang encroaches into the north side setback. The surrounding land uses and zoning are shown in Table 1. Table 1: Surroun ing Land Use and Zoning Direction from Land Use Zoning Site North Multi-family RMF-40, Residential Multi-Family 40 units per acre South Two-family RMF-40, Residential Multi-Family 40 units per acre East Single-family RMF-40, Residential Multi-Family 40 units per acre West Multi-family RMF-40, Residential Multi-Family 40 units per acre Request: The applicant requests Board of Adjustment approval of a variance from the north side setback to allow for a six-foot setback (a two-foot variance) to bring the April 4,2011 Board of Adjustment BOA11-3797 Hill Ave Court Apts. Agenda Item 3 Page 1 of 12 existing structure into compliance. The new addition complies will all zoning and development regulations. Public Comment: Staff has not received public comment for this variance request. RECOMMENDATION: Based on the findings included herein, staff recommends approval of BOA 11-3797 subject to the following conditions of approval: 1. All required permits shall be obtained prior to any construction or repair of the existing structure or to improve the subject property. 2. All new construction shall be constructed in accordance with the bulk and area requirements of the underlying zoning district. BOARD OF ADJUSTMENT ACTION: '0 Approved 0 Denied O Tabled Date: April 4,2011 Motion: Second: Vote: FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION: City Neighborhood Area 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. 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 exist that are peculiar to the site that would prevent the property owner from substantially maintaining or repairing the existing structure that encroaches into the north side setback. The subject property was developed in 1970, prior to the existing setback requirements of the underlying RMF-40 zoning district. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly April 4,2011 O:IETCIDevelopment Seimices Rev4ew120101Developmeni Reviewll0-3715 BOA 1515 Burr Oak Drive AAOIBOAIgb' }of Adjustment 101Comments&Redlines BOA11-3797 Hill Ave Court Apts. Agenda Item 3 Page 2 of 12 enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Staff does find that literal interpretation of the RMF-40 zoning regulations would deprive the applicant of the right to repair and maintain the existing structure. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special conditions requiring the variance to bring the existing structure into compliance are not a result of the actions of the applicant. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Staff finds that granting the request to allow for the maintenance and repair of the structure will not confer special privileges on this applicant. 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 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, April 4, 2011. 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 April 4,2011 G:IETCIDevelopinent Services Review120101Developmen(Review110-3715 BOA 1515 Burr Oak Drive AAOIBOAI964*of Adjustment 101Comments&Redlines BOA11-3797 Hill Ave Court Apts. Agenda Item 3 Page 3 of 12 the land, building, or structure. Finding: Staff finds that the requested variance is the minimum variance needed in order for the applicant to repair and maintain the existing structure and to redevelop the subject property as proposed. As stated previously, the proposed addition does comply with the bulk and area requirements of the underlying zoning district. 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: Staff finds that granting the variance would be in harmony with the City's policies and regulations for existing nonconforming structures and would not be injurious to the neighborhood. The subject property has been vacant for several years and is in poor condition, which could become detrimental to the public welfare if the conditions continue to decline. The applicant's proposal would allow for the improvement and redevelopment of the subject property. 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 of approval on page two of this staff 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: N/A April 4,2011 G:IEMDevelopment Services Review120100evelopment Review110-3715 BOA 1515 Burr Oak Drive AAOIBOAII86ME1 of Adjustment IOIComments&Redlines BOA11-3797 Hill Ave Court Apts. Agenda Item 3 Page 4 of 12 March 14, 2011 R E G i 5 T £ F F U RORERF SHARP,ARCHITECT,we Chairman, Board ofAdjustment szSSouTFrscrronFAVE srezz9 City of Fayetteville FAYETTLY] LE I AR 113 West Mountain Street PH ON E:419-442-0229 Fayetteville,Arkansas 72701 FAX:419.441.8111 Via Hand Delivery r RE: PROJECT SUMMARY HILL AVENUE COURT This letter describes the proposed addition and renovations to 112 South Hill Avenue. The building was purchased by my client, South by Southwest Realty last year. Their intention is to renovate the building and to add on to the existing building and provide well-designed, energy efficient apartment units in a walkable location between Downtown Fayetteville and the University of Arkansas. When my clients purchased the property, it was in a wretched state. The property had been abandoned and the copper pipes and electrical wires had been illegally removed by scavengers for ready cash. Even before the scavengers began their work, the building did not contribute to the neighborhood. The building sat two feet below street level. The 8' high exterior walls and low slope roof provided no sense of presence along the street. The front yard of the building consisted of a wide driveway, a dumpster pad, and two parking stalls. The roof was worn out and in need of replacement, all of the windows had been broken out and the interiors of the apartment units had extensive damage to the sheetrock and floor finishes. ^z r f- I as' April 4,2011 Board of Adjustment BOA11-3797 Hill Ave Court Apts. Agenda Item 3 Page 5 of 12 r I } 1 k The original building contained 18 dwelling units, all of them one bedroom or studio units. The proposed plan for the building is as follows: a two story addition containing 4 dwelling units witl be added at the Hill Avenue fagade. The addition will be two stories(all and floor level of the first floor will be one foot above street level, which will create a much more elegant relationship between the building and the sidewalk. The addition will featured a steeply pitched roof front facing dormers and timber framed canopies at the entry doors. Exterior siding with be fiber cement(Nardi-plank) lapped siding with a 6" reveal. The addition will feature exposed rafter tails, and simple well-proportioned one-over-one sash windows to match the local residential vernacular architecture. A breezeway connects the sidewalk to a small courtyard and shared porch. Parking and dumpster are located at the back of the lot and is serviced by the existing alley as per good urban design principles. A wing on the northeast side of the existing building has been removed. The existing building will be re- roofed, all mechanical, plumbing, and electrical components will be replaced, new windows and doors will be installed and all interior finishes will be replaced. A fire sprinkler system will be installed to increase the life-safety of the building's occupants. The proposed unit count for the completed building is as follows: 9 One Bedroom units 2 Two bedroom units 11 Dwelling units 13 bedrooms April 4,2011 Board of Adjustment BOA11-3797 Hill Ave Court Apts. Agenda Item 3 Page 6 of 12 13 parking spaces are required (one per bedroom). 13 parking stalls will be provided, A bicycle rack will be provided in the breezeway. The property is zoned RMF 40 and contains 19,345 square feet. The eave of the existing building encroaches upon the 8' side setbacks at the northwest corner by I foot 3 inches. We are not increasing this roof overhang. Our proposed addition occurs entirely within the allowable building area. We request a set back variance along the north side of the property of 1 foot 3 inches so that the property will be in compliance. We feel that this building meets the four criteria required for a side setback variance: 1. Special Conditions Exist; The construction of the existing building predated the zoning code. The existing building was retroactively made non-compliant. 2. Literal Interpretation of rhe Ordinance Deprives my Client of Rights: My client, South by Southwest Realty LLC could simply maintain this building in its current state and would not be required to bring the building into compliance with the zoning code. Their desire to construct an addition and to substantially renovate the building has triggered the need for a variance. We feel that by literally interpreting the code, my client is being required to meet a standard that is inequitable. 3. Special Conditions do not Result from the Applicant's Actions: The side setback violation predated South by Southwest Realty LLC's purchase of the property. 4. Granting this Variance does not Grata a Special Privilege: The minor nature of the setback violation, combined with the fact that the construction of the building predated the zoning code combine to make the granting of this setback variance a minor administrative matter, not a special privilege that is denied to other property holders. We feel that this project is an excellent example of responsible in-fill development and that it will be an asset to the neighborhood. Please feel free to call me at 442-0029 or e-mail me at nibru!shar Larcll.nct if you have any questions about this project. Sincerely, Robert Sharp Robert Sharp, Architect, h1c. cc: File April 4,2011 Board of Adjustment BOA11-3797 Hill Ave Court Apts. 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Exii pil) M�r PRAIRIE 5T Footprints 2010 - Hillside-Hilltop Ovi irlay District Design Overlay Di 5trict Design Overlay Di trict ------ Planning Area Fayetteville 0 125 250 500 750 1.000 Fee April 4,2011 boara OT Aojustment BOA11-3797 Hill Ave Court Apts. Agenda Item 3 Page 10 of 12