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Home My WebLink About2012-11-05 - 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,NOVEMBER 5, 2012 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the October 1, 2012 meeting. New Business: 2. BOA 12-4244: (824 N. COLLEGE AVEJGREY DOG, 446): Submitted by MOLLY CLARK for property located at 824 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.28 acres. The request is for a variance of the setback requirements. Planner: Jesse Fulcher THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. 3. BOA 12-4245 (1259 N. OAKLAND AVE.ILEGACY, 405): Submitted by BATES AND ASSOCIATES for property located at 1259 NORTH OAKLAND AVENUE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.17 acres. The request is for a variance of the minimum buildable street frontage. Planner: Quin Thompson 4. BOA 12-4246 (1045 N. HAMESTRING RD./TOWLER, 434): Submitted by BATES AND ASSOCIATES for property located at 1045 NORTH HAMESTRING ROAD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.27 acre. The request is a variance of minimum lot area and setback requirements to allow the removal and replacement of an existing dwelling unit. Planner: Andrew Garner 5. BOA 12-4248 (1120 N. LINDELL AVE./WILSON, 405): Submitted by GLEN WILSON for property located at 1120 NORTH LINDELL AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.31 acres. The request is for a variance of the setback requirements. Planner: Jesse Fulcher 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 to Comment/Discussion and Questions by the Board F. Action of the Board (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 the staff and applicant presentations. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, stand and give your name and address. Address your comments to the Chairman, who is the presiding officer. After all public comments have been heard, the Chairman will direct your comments 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. 2012 Board of Adjustment Members Robert Kohler (Chairman) Jeff Hagers Evan Niehues Kristen Knight Tim Stein Matthew Hoffman Page 1 of 4 MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on October 1, 2012 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: September 10, 2012 Approved Page 2 New Business: BOA 12-4233: (62 E. 5TH STREET/CLOUD, 523): Approved Page 3 BOA 12-4234 (1408 W. CLEVELAND ST./TURK, 443): Approved Page 4 MEMBERS PRESENT MEMBERS ABSENT Robert Kohler Evan Niehues Tim Stein Matthew Hoffman Kristen Knight Jeff Hagers STAFFPRESENT Andrew Garner Jesse Fulcher Quin Thompson Jason Kelley Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. Upon roll call all members were present except Niehues. Board of Adjustment November 5,2012 Agenda Item 1 10-01-2012 minutes Page 1 of 4 Page 2 of 4 Approval of the minutes from the September 10, 2012 Board of Adjustment meeting. Motion: Board Member Knight made a motion to approve the September 10, 2012 Meeting Minutes. Board Member Hagers seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Board of Adjustment November 5,2012 Agenda Item 1 10-01-2012 minutes Page 2 of 4 Page 3 of 4 BOA 12-4233: (62 E. 5TH STREET/CLOUD, 523): Submitted by RYAN CLOUD for property located at 62 EAST 5TH STREET. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.42 acres. The request is for a variance of the front build-to zone and minimum building street frontage. Jesse Fulcher, Current Planner,read the staff report. Board Member Kohler asked where access to the lot was from. Ryan Cloud, applicant, stated that access was from 5" Street. Board Member Stein asked about the alley. Cloud stated that the alley right-of-way is there and the neighbors alley is in it. Motion: Board Member Kohler made a motion to approve BOA 12-4233. Board Member Hagers seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment November 5,2012 Agenda Item 1 10-01-2012 minutes Page 3 of 4 Board of Adjustment Meeting October 1, 2012 Page 4 of 4 BOA 12-4234 (1408 W. CLEVELAND ST./TURK, 443): Submitted by TERESA TURK for property located at 1408 WEST CLEVELAND STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.21 acres. The request is for a variance of the setback requirements to allow for the construction of a new garage and storage area. Quin Thompson, Current Planner,read the staff report. Board Member Kohler asked if the house should be brought into compliance as well. Thompson stated that it would be appropriate. Board Member Knight asked if the buildings were on the same plane. Thompson stated that the intent was to have the garage wall even with the house. Board Member Stein asked about the adjacent land uses. Thompson stated that they were residential. Teresa Turk, applicant, stated that she doesn't have another location to place the garage. Board Member Kohler asked if the variance should be to the drip line of the house as shown instead of 6' 7". Turk stated that the garage overhand will be in line with the house overhang. Motion: Board Member Knight made a motion to approve BOA 12-4234, recognizing the existing house and recommending that the garage not extend further east than the existing house. Board Member Hoffman seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. There being no further business, the meeting was adjourned at 4:05 PM. Board of Adjustment November 5,2012 Agenda Item 1 10-01-2012 minutes Page 4 of 4 • ayeTtt-ve l e BOA Meeting of November 5, 2012 KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: October 31, 2012 BOA 12-4245 (1259 N. OAKLAND AVE./LEGACY, 405): Submitted by BATES AND ASSOCIATES for property located at 1259 NORTH OAKLAND AVENUE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.38 acres. The request is for a variance of the minimum buildable street frontage. Planner: Quin Thompson BACKGROUND: Property Description and Background: The subject property is located at 1295 North Oakland Avenue and is zoned RMF-24, Residential Multi-Family 24 Units per Acre. There is an existing two-family home on this approximately 0.38-acre property that was constructed in 1989, according to the Washington County Assessor's office. The surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use/Zoninll Direction from Land Use Zoning Site North Single-Family Home RMF-24, Residential Multi-family South Single-Family Home RMF-24, Residential Multi-family East Apartments RMF-40, Residential Multi-family West Apartments R-O, Residential-Office Proposal: The applicant proposes four (4) new single bedroom unit apartments on a 0.38 acre comer lot containing an existing duplex. The RMF-24 zoning ordinance requires that street frontage of the proposed development be equal to at least 50% of the lot width. The overall development site containing two parcels has approximately two hundred thirty seven (237) linear feet of frontage as shown in the applicant's site plan. According to staff's calculation, the new development and existing duplex have a combined frontage in the build-to-zone amounting to ninety seven (97) linear feet. 97 If/237 If=42% proposed 50%minimum required in RMF-24 zoning The request is for a variance of 8% (21.5 linear feet of building frontage). C:IETCIOevelopment Services Review120120evelopment Review112-4246 BOA 1045 N.Hamstring Rd.(Towler)101 AM _R_djustment 20121Commenls and Redlines November 5,2012 Agenda Item 3 BOA124245 Legacy Page 1 of 12 Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends denial finding that the applicant has not justified that there is a hardship necessitating the proposed variance, as discussed in the findings herein. Should the Board of Adjustment find in favor of the variance request staff does not recommend any conditions of approval. BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: November 5,2012 Motion: Second: Vote: FUTURE LAND USE PLAN 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: (B)Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; Finding: Strict enforcement of the current zoning ordinance would not permit the project to be approved as it is currently proposed. The proposed development significantly increases the lot frontage requirement by eliminating a lot line as a part of the overall site layout. This results in the additional lot frontage required by the adjacent corner lot. It would be possible for a new development on this site to provide more built street frontage on Oakland Avenue than currently proposed and meet the zoning code. The lot is currently 82 feet wide. A building 41 GMTCIDevelopment Services Review12Ol21Development Reviewl]2-4245 BOA 1159 Oakland Ave(Legacy)101 BOAhMg of Adjustment 10121Cornments and Redlines November 5,2012 Agenda Item 3 BOA124245 Legacy Page 2 of 12 feet wide would allow 25 feet for access after reduction of the 8-foot side setbacks on both property lines, which would comply with the zoning code. Access for the parking lot can be as narrow as 12 feet by code. The applicant is proposing a driveway curb cut of 20 feet. Additionally, the applicant is proposing to place the narrow side of the building along the street instead of the wide side. (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: The granting of variances for this development would be in keeping with the spirit of the RMF-24 zoning code by "encouraging a variety of dwelling types in suitable environments in a variety of densities." The project is in an area containing single-family, two-family, and multi- family residences. However, the proposal would not be in keeping with the build-to zone portion of the zoning code as the narrow side of the building is located along the street and the zoning code is intended to maximum the percentage of a lot's street frontage with buildings resulting in an urban, pedestrian-friendly streetscape. Further the applicant's design places the side of the structure at the street instead of the front. This does not meet the intent of the zoning code to have the prominent front of buildings face the street. (C)Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land,building or structure. Finding: The requested variance is not the minimum variance necessary to allow a reasonable use of the applicant's land. As discussed throughout this report, it would be possible to provide more built street frontage on Oakland Avenue than proposed. The lot is currently 82 feet wide. A building 41 feet wide would allow 25 feet for access after reduction of the required eight-foot setbacks on both property lines. The applicant's proposal turns the narrow side of the building along the street. (D)Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Staff has not recommended special conditions. (E) Non permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: Multi-family Housing is a use permitted by right in the RMF-24 zoning district. GAETCIDevelopment Services Reviewl20l2lDevelopment ReviewII2-4245 BOA 1159 Oakland Ave(Legacy)101 B0A99A-of Adjustment 20121Comments and Redlines November 5,2012 Agenda Item 3 BOA124245 Legacy Page 3 of 12 Fayetteville Unified Development Code 161.14 District RMF-24,Residential Multi-Family—Twenty-Four Units Per Acre (A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted uses. Unit 1 1 City-wide uses by right Unit 8 Single-family dwellings Unit Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-family dwellings Unit 44 Cottage Housing Development (2) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit Public protection and utility facilities Unit 4 Cultural and recreational facilities Units Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 25 Professional offices Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 24 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a Manufactured 50 ft. home park Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a mobile home 4,200 sq.R. ark Townhouses: Development 10,000 sq.ft. Individual lot 2,500 sq.ft. Single-family 6,000 sq.ft. Two-family 7,000 sq,ft. Three or more 9,000sq.ft. FraProteresnity oar Soroesrit 2 acres fsionl offic1 acres G:IETCIDevelopment Servicer Review11O121Developmeni Reviewll2-4245 BOA 1259 Oakland Ave(Legacy)101 30A9Ir(a9Jof Adjustment 20121Comments and Redlines November 5,2012 Agenda Item 3 BOA124245 Legacy Page 4 of 12 (3) Land area per dwelling unit. Manufactured home 3,000 sq.ft. Apartments: No bedroom 1,700 sq.ft. One bedroom 1,700 sq.ft. Two bedroom 2,000 sq-ft. Fraternity orSorority 1,000 sq.ft.per resident (E) Setback requirements. Front Side Rear The principal 8 ft. 25 ft. fa Sade of a building shall be built within a build-to zone that is located between 10 feet and a line 25 feet from the front property line. Cross reference(s)--Variance,Ch. 156. (F) Building height regulations. 11 Building Height Maximum 1 60% Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. (H) Minimum buildable street frontage. 50%of the lot width. (Code 1965,App.A.,Art.5(111);Ord.No.2320,4-6-77;Ord.No.2700,2-2-81;Code 1991,§160.033;Ord.No.4100,§2(Ex.A),6-16- 98;Ord.No 4178,8-31-99;Ord. 5028,6-19-07;Ord. 5079, 11-20-07;Ord. 5224,3-3-09;Ord. 5262,8-4-09;Ord 5312,4-20-10;Ord. 5462,12-6-11;Ord.5495,4-17-12) GJETCIDevelopment Services Review1201211)evelopment Reviewl 12-4245 BOA 1259 Oakland Ave(Legacy)101 BOAgdaPg of Adjustment 20MComments and Redlines November 5,2012 Agenda Item 3 BOA124245 Legacy Page 5 of 12 LEGACY VENTURES, LLC P.O.BOX 8216 FAYETEVILLE,AR 72703 October 3,2012 City of Fayetteville Planning Division 125 W.Mountain Street Fayetteville, Arkansas 72701 Dear City of Fayetteville Board of Adjustment, The purpose of this letter is to request a variance from the ordinance stating that at a minimum fifty percent of the lot frontage is to be utilized for the building facade. As it stands currently, we are slightly under the fifty perfect criteria. However, if we subtract the twenty feet required for the driveway access to the property from the overall lot frontage, we exceed the fifty percent minimum. I believe the driveway exclusion might be an ordinance currently being worked on by the city staff. This variance request is related to our SIP submittal number 12-4230 for the property located at 1259 Oakland Avenue and resubmitted on October 3,2012 to the City of Fayetteville Planning Office. We have experimented with multiple concept plats for this particular project and found the proposed layout to be the best. The current layout allows for preservation of the largest percentage of trees and tree canopy. This layout also doesn't disturb the current drainage patterns in the rear of the property. We feel strongly that it is the best design for this small site; however, this design is not possible without receiving a variance for the above mention item. I appreciate your time in reviewing this proposal and hope that you will give this request serious consideration. I am looking forward to building this project and together leaving our legacy one venture at a time. Sincerely, 1i - . Tim Brisiel Legacy Ventures,LLC I40 L,FGACYVE,NTum Board of Adjustment November 5,2012 Agenda Item 3 BOA124245 Legacy Page 6 of 12 � I a - nau L < o7nFi,p 3tYM.L ]pl xetlddY, � �� +rs I 1 MR adlYM,9 N0LLYJ01 71VaddY ,I imxdsY.oL-Ua_.vr — I � 31tl OHIMWI NIaVN Va �� a • a MJ P/a ..._ kS Al Vl-mn9 mVS e n 'h _ _ r _ •�Jt PI t31 I $ � d ii 20 Y I L. sIre41 lyI I 7n ~ i �P JS, 41 .tl t. ! lu r p p J I 'I' wrn a1v.9i�.v�av�i�firaeY Z5 �o+ II � S Jr tl x 41 Ul Ni stn float M-VI,OL.LV 5 w^P..Im.•s.N. mtt Board of Adjustment November 5,2012 Agenda Item 3 BOA124245 Legacy Page 7 of 12 BOAl2-4245 LEGACY Close Up View nl two fi ' I RSF-4 TWT z MMWK 1T �. SUBJECT PROPERTY 6W 11'In HOLLY ST • Z z 00 _i I�rJ J PHOLLY ST it A. ILII. . ' I I 1 -1 I LSI f If a yl ' - w A9pV HAZEL ST O J1 NrC01/F h N Le en 9 # W ............. 0 > _ PRIVATE 1160 I� M Iti-Use Trail ( xlsting) 8 F lure Trails id I Z V. L_ - _t Limits J 6gUAPOA1 M Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feet Board of Adjustment November 5,2012 BOA124245 Legacy Page 8 of 12 BOAl2-4245 LEGACY One Mile View W u Lr aryy _ RSF-4 - Rft ELM S,T_ ! Rc 1 Pvt; m F44 d QHSF:4 � _ Ftm RMP _ R�Pr4 •d ', �A�• � hsr , ,., T 1 i �ri. .4 + SEA 6R; - cs _ r ••y ? fish��. sKrL DR #" ; SUBJECT PROPERTY Irr. 4�-Zt� LD ST � a "pyt iiRSP 4. z Bazb I i �I RSFA DR- C•F R-0 BERRY I,�' 'R-0' F c ST RSF-t T RSF-a a. Fa - _p.,.•',*, '. T ASF.fl RSFI Ra CBiE CIO ,Fs �'•.li B+ , SS ° - Er 4ST I. tR,F.a RSFa 1 N « FrsliYYa' r w'.... NEST RIM a. -I , RPZD o t_. MARKHAM R9 1 i, - SUTTON ST' CP DW - RSF, _ i� til.. G g,S�� RSF.4 li �'AitEY 2z3 _asp. R P_j RS 1 RSF41 I RM Overview Legend BOA 12-4245 Subject Property I QeOn,z.azas Desi n Overlay District L___ `�"I ❑ # Boundary Plan iing Area FayIii tteville 1; ' 0 0.25 0.5 1 Mlescard of Adjustment Agenda Item 3 BOA124245 Legacy Page 9 of 12 BOM 2-4245 LEGACY Close Up View RSF-4 I, I- 'I - SUBJECT PROPERTY HOLLY ST 2, R'0 o� ll J t � z c • ' N�� 1 ok Z Or ': HOLLY ST 475 4 II �i I��c1 l rc 4: h T�' w 1 � IMQ MOLNT P3 HAZELST p Ito oRTRo I� G7 Legen C5 w [; PRIVATE 1150 ] - - M Iti-Use Trail(�xisting) J F ture Trails Z 't1 J L - - -I Limits LUaPOAl2-4245 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict 0 75 150 300 450 600 Board of Adjustment ------ Planning Area Feet November 5,2012 Age da ite 5 BOA124245 Legacy Page 10 of 12 BOAl2-4245 LEGACY One Mile View t--:.lam _ _ ..0............... ` - • - — T •rc — � O m R 1 1 ' °-:• • ° O • 1-1 ........ RA Q _. 3 - T 4 RMFBv I y ; RMF-z4 W ELM ST R-o 1 P !sF � .'. 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E F-0 RSF-0� G Y51J W ¢ D: RSF-0 h MF-3{. •C_2 y a > Cy j Q j ELL p 2 -0 RS ,W P-1 Q 1)• W �g�J CPZD �Ilgj J ZRSF- d�D MARKHAM RD ,�' !,¢ M5C = Y =SUTTON ST CPZD RSFd N #.M!C MSC MSCM SC �+�C- _U' MSL RSF-0!q R dALLEY223 P-1 n P-1 .w....91 _ Ise Trail (E)fttib Rs Q RSFd ddk RSF-0 MS MSM z pTZ DR MSc M$ sc�r1S� ` �,1 MSG R-O QHP i R$F-0 MSL t rC I r8111sc,i..y..00NNER 5 WALTON" T SPRING ST NNER]d RSF-0 �Rr.IF34R EA ST Sc s Overview Legend BOA 12-4245 Subject Property ----- �' , I Desi n Overlay District BOAT z azas L__ Y ❑ 1 Boundary _ _ _ Plan iing Area �' _L�'`Z ❑ FayE tteville j ;41 0 0.25 0.5 1 M les3oard of Adjustment November 5,2012 Agenda Item 3 BOA124245 Legacy Page 11 of 12 Board of Adjustment November 5,2012 Agenda Item 3 BOA124245 Legacy Page 12 of 12 TaelOy i leBOA Meeting of November 5, 2012 ANS 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: October 16, 2012 BOA 12-4246 (1045 N. HAMESTRING RD./TOWLER, 434): Submitted by BATES AND ASSOCIATES for property located at 1045 NORTH HAMESTRING ROAD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.27 acre. The request is a variance of minimum lot area and setback requirements to allow the removal and replacement of an existing dwelling unit. Planner: Andrew Garner BACKGROUND: Property Description and Background: The subject property is located at 1045 North Hamestring Road, west of Double Springs Road and is zoned R-A, Residential Agricultural. This area was annexed into the City by general election in 2006. There is an existing single family home on this 0.27-acre property that was constructed in 1958, according to the Washington County Assessor's office. The applicant has indicated the home is in poor condition and beyond repair. The parcel is an unusual triangular-shaped property located on a curve in Hamestring Road. The surrounding land use and zoning is depicted in Table 1. Table 1 SurroundingLand Use/Zonin Direction from Site Land Use Zoning North Rural residential R-A, Residential Agricultural South Non-residential/auto salvage R-A, Residential Agricultural East Rural residential R-A, Residential Agricultural West Undeveloped (wooded) R-A, Residential Agricultural Proposal: The home is beyond repair and needs to be demolished and removed from the property. The applicant would like to replace the home with a mobile home. A mobile home is allowed by right in the R-A zoning district, however, the lot does not meet the minimum area requirement of the zoning district and due to the small lot size and unusual shape of the lot, there is not enough buildable area to place a new residence outside of the required building setbacks. A site plan showing the proposed mobile home location on the property and the proposed building setbacks is attached. The variance requests are listed in G:IETCIDevelopment Services Review120120evelopment Review)12-4246 BOA 1045 N.Hamstring Rd.(Tow1et)101 iggdhi b17AcdjuStmem 20121Comments and Redlines November 5,2012 Agenda Item 4 BOAl2-4246 Page 1 of 10 Table 2 and described in detail in the applicant's letter. Table 2 Variance Request Variance Issue Requirement Applicant's Request Lot Area (existing lot 2.00 acres 0.27 acres 1.73-acre variance East Front Setback (new home) 35 feet 5 feet 30-foot variance West Side Setback new home 20 feet 5 feet(15-foot variance) Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends approval of the requested variances, subject to the following conditions of approval: 1. The applicant shall be required to meet all applicable building and development codes and permits, other than the variances approved, herein. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: November 5, 2012 Motion: Second: Vote: FUTURE LAND USE PLAN DESIGNATION: Rural 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: (B)Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; Finding: Strict enforcement of the zoning ordinance would not permit the G:IETCIDevelopment Services Reviewl20l21Development ReviewII2-4246 BOA 1045N. Hamstring Rd. (Towler)10/8341'dlefMdjustment 10111Comment5 and Redlines November 5,2012 Agenda Item 4 BOAl2-4246 Page 2 of 10 existing home that is almost unlivable to be removed and a new dwelling constructed on the property. The existing lot is too small and the odd-shape makes almost the entire lot bisected with building setbacks. Staff finds that these limitations would cause an undue hardship due to circumstances unique to this property. (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: The granting of variances for the existing lot and new dwelling 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. The variances will allow the owner to have a dwelling on the property, a basic property right that is consistent with the intent of the R-A,Residential Agricultural zoning district. (C)Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land, building or structure. Finding: The requested variances are the minimum variances necessary to bring the existing nonconforming lot into compliance and to permit a residence on the property. (D)Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Staff has recommended a condition for this request which is stated on page one of this report. (E) Non permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: Single-family dwelling units and mobile homes are a use permitted by right in the R-A zoning district. G:I ETCIDevelopmen!Services Reviewl20l2lDevelopment Reviewl]2-4246 BOA 1045N.Hamstring Rd.(Towler)101 BLk"WAdjustment 20111Commenls and Redlines November 5,2012 Agenda Item 4 BOAl2-4246 Page 3 of 10 Fayetteville Unified Development Code 161.03 District R-A,Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas;obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness;and conserve open space. (E) Uses. (1) Permitted uses. Unit 1 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional uses. Unit 2 Cit -wide uses by conditional use permit Unit 4 Cultural and recreational facilities Units Government facilities Unit 20 Commercial recreation,large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologic C) Density. Units er acreI One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres E) Setback requirements. 11 Front Side Rear 11 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965,App. A.,Art.5(l);Ord. No. 1747,6-29-70;Code 1991,§160.030;Ord. No.4100,§2(Ex.A),6-16-98;Ord No.4178,8- 31-99;Ord.5028,6-19-07;Ord 5128,4-15-08;Ord.5195, 11-6-08;Ord 5238,5-5-09;Ord.5479,2-7-12) GAETCIDevelopment Semites Review120120evelopmenl Revie.wi12-4246 BOA 1045 N.Hamsinng Rd.(Towler)101 f§®'JVbQdzllustment 20121Commews and Redlines November 5,2012 Agenda Item 4 BOAl2-4246 Page 4 of 10 Bates Associates, Inc. Civil En lirind `� Sunreyi 9 n9 n9 91 W.Colt Square Dr./Fayetteville,AR 72703 PH:479-442-9350"FAX:479-521-9350 www.nwabatesinc.com Dear Mr.Chair: Our client,Mrs.Towler,is trying to place a mobile home on her property located at 1045 N.Hamstring Road. The subject property contains approximately 0.27 total acres. Mrs. Towler would like to tear down the existing 917 Square Foot home and replace it with a 16' x 64'mobile home. The existing home was constructed in 1958 and is falling in and becoming almost unlivable. This property was annexed into the City of Fayetteville and placed under the R-A zoning district. The requirements for R-A zoning place the majority of smaller tracts within this area into non conformance. Mrs.Towler would like to request a variance for minimum lot size of 2 acres and a reduction in front and side building setbacks in order to set the new mobile home in the same location as the existing house. The existing lot area is 0.27 acres so our variance request is for 1.73 acres. The existing building setbacks are 35-foot in the front and 20-foot on the sides. We are requesting a 5-foot front setback and a 5-foot side setback on the west. The existing 20-foot setback on the south side will remain. Literal interpretation of the provisions of this ordinance would deprive the applicant rights commonly enjoyed by other properties in the same district under the terns of this ordinance since the default zoning for land annexed into city limits is always R-A. The structure on this property is existing and non-conforming under the current zoning and is not a result of the applicant. Granting this variance will not confer on the applicant any special privilege that is denied by this ordinance to other lands,structures or buildings in the same district since the majority of the smaller tracts within this district will all be non-conforming with the R-A requirements for area,setbacks and lot width. If you have any questions please feel free to contact us. Sincerely, Derrick Thomas PLS Board of Adjustment November 5,2012 Agenda Item 4 BOAl2-4246 Page 5 of 10 SITE PLAN C�XIS-rjMG SURVFY1 ' POO) 1 �r I 5.44' \ � I dp, EXISTING ala' HOUSE \ I Zp A hltorl a i v zonl n; \ 0' 30' 60' g0' b Lr6FND: -F0R §FANnaLltiFrlOF: DORA TOWLER ` Bates o 1045+N. HAMSTRING RD. CNIIEngim n & Lend Sl N§ying FAYETTEVILLE, ARKANSAS nwawea+.�w r.�m.•aa„,.-,.�nw •pwoiw •..�n 5•!•s>+ — -_ narE:1015/12 SC� - — GORaFiEO Board of Adjustment November 5,2012 Agenda Item 4 BOAl2-4246 Page 6 of 10 SITE PLAN (PRbPosFD� JO.OfI' SSW • , .]-r*` g0O o \\ ' q� "�p 2. O \ \ '?y trt PARCEL00 6152-1 ACRE \ ), O.t7 ACRES A 1720-BS B. \ \ \ \BUILDING SETBACKS: 0. 30' 60, g0, UKAPHIC SCALE(IN FEET) Inch=30 O LEGEND: I o:BI N II 131 M 111 Or M4.3�� mss- DORATOWLER Bates Z ff W ST S z Klst I Assoc€ates,€nc. 1045 N. HAMSTRING RD. FA YETTEVILLE, ARKANSAS CM E3pYMdnp&.VM eufnyutp 91 W.Cdl Spuere Or. FnyWaAb.Mun3se R9BD]3B.M]BDBBR�998.331.9330 _ � OnTE 10/5/12 5[etC r'.90, U --- _ LOCATION. SURVEIEP DRAFTED SEC. 10 r„ T-15-N. R-31-W 3% 0i .. -.:. RE.EWEO OT mant November 5,2012 Agenda Item 4 BOAl2-4246 Page 7 of 10 BOM 2-4246 TOW LE R Close Up View 0 IN SUBJECT PROPERTY loot ■ � � � SP Q�IVATFT 2sa Leger •••••••••••••2.Iti- Trak (Existing) NTrails L - - - ville City Limits LUWA,POAl2-4246 ■ Footprints 2010 ■ Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict 0 75 150 300 450 600 Board of Adjustment ------ Planning Area Feet November 5,2012 Age da Ite 4 BOAl2-4246 Page 8 of 10 BOAl2-4246 TOW LE R One Mile View srRito - 1 1 1 l 1 1 ■ 1 e _ 1 I 1 CI T � w � - J RSF4 SUBJECT PROPERTY : g z ■ z W g 0 Q1�T� 1 P� UY RSF-1 i l 6-O 1 �SF� RA • Ot • _� / • - _ _ • RSF4 a' �� -- f RMF+fsr-ifl 1�- ■ � = O :z z � RRIDG� L�' 1 RA Y ``�---- U U W ' dR I- 610 �Y^ z 00 W SF RSF4 O Z o m _ �1 t�RS J i m 11 p W 1 1 ' •• RMFL RA ORA 1 • RsF4_' �.`'t-ENB _.1-L _,S.+RRSF4 RSFd RSF4 g ' O ,S ORSF4 �- •\ SF RSF-0R dU U RSF4 RSF4 R d RSF4RSF4 RSF4 J R I a d e9yl �(y DESA ST RSFd it C73a'1Cl RSF4 RSF-1 _ L R.F. RMFE RSF-0RSF-0RSFd `Multi- a rail ([sfdst FBENDD Q. RS F RSF-t RSF-1 ture r �. o o * J........ - ■ u rail (Ew in z RRzo a Future T �Se% RA LL ................. +�1 RSF4 o Hillside- Rv"g r lay District Overview Legend BOA 12-4246 Subject Property ----- �' , Desi n Overlay District Qaonrz-azas LY Boundary _ _ _ Plan iing Area FayE tteville ��jFx ' 0 0.25 0.5 1 M IeSBoard of Adjustment November 5,2012 Agenda Item 4 BOAl2-4246 Page 9 of 10 Board of Adjustment November 5,2012 Agenda Item 4 BOAl2-4246 Page 10 of 10