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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THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT.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
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Board of Adjustment
November 5,2012
Agenda Item 3
BOA124245 Legacy
Page 7 of 12
BOAl2-4245 LEGACY
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------ Planning Area Feet Board of Adjustment
November 5,2012
BOA124245 Legacy
Page 8 of 12
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Mlescard of Adjustment
Agenda Item 3
BOA124245 Legacy
Page 9 of 12
BOM 2-4245 LEGACY
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------ Planning Area Feet
November 5,2012
Age da ite 5
BOA124245 Legacy
Page 10 of 12
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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
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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
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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
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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
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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
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SITE PLAN
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Board of Adjustment
November 5,2012
Agenda Item 4
BOAl2-4246
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SITE PLAN
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November 5,2012
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BOM 2-4246 TOW LE R
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November 5,2012
Age da Ite 4
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M IeSBoard of Adjustment
November 5,2012
Agenda Item 4
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Board of Adjustment
November 5,2012
Agenda Item 4
BOAl2-4246
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