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HomeMy WebLinkAbout2013-02-04 - Agendas • Taeiile 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, FEBRUARY 4, 2013 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the January 7, 2013 meeting. New Business: 2. BOA 13-4300 (1408 W. CARTER ST./MARKS, 404): Submitted by BLEW AND ASSOCIATES for property located at 1408 WEST CARTER STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE and contains approximately 0.20 acres. The applicant requests a variance of the lot area to subdivide the parcel into two lots. Planner: Andrew Garner 3. BOA 13-4301 (1849 S. VALE AVE./MCMAHON, 599): Submitted by BLEW AND ASSOCIATES for property located at 1849 SOUTH VALE AVENUE. The property is zoned RMF- 24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 acres. The applicant requests a variance of the lot area to subdivide the parcel into two lots. Planner: Jesse Fulcher 4. BOA 13-4302 (ROSEHILL ADD. LOT 4 & 5, 444): Submitted by RICHIE LAMB for property located at in ROSEHILL ADDITION LOT 4 AND 5. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY 40 UNITS PER ACRE and contains approximately 0.16 acres. The applicant requests a variance of the rear set back on two lots. Planner: Quin Thompson 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 eel 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. 2013 Board of Adjustment Members Robert Kohler (Chairman) Jeff Hagers Evan Niehues Kristen Knight Tim Stein Matthew Hoffman MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on January 7, 2013 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: December 3, 2012 Approved Page 2 New Business: BOA 12-4289 (723 N. OAKLAND AVE./ROSEHILL, 444): Approved Page 3 BOA 12-4291 (11 S. DUNCAN AVE./WEST CENTER, 483): Page 4 Approved BOA 12-4290 (SOUTHWEST CORNER OF STORER AND EAGLE/SMITH, 444): Page 5 Approved MEMBERS PRESENT MEMBERS ABSENT Bob Kohler Jeff Hagers Tim Stein Matthew Hoffman Kristen Knight Evan Niehues STAFFPRESENT Andrew Garner Jesse Fulcher Quin Thompson Jason Kelley The meeting was called to order at 3:45 PM. Upon roll call all members were present. Niehues arrived after approval of the minutes. Board of Adjustment February 4,2013 Agenda Item 1 01-07-2013 Minutes Page 1 of 8 Approval of the minutes from the December 3, 2012 Board of Adjustment meeting. Motion: Board Member Knight made a motion to approve the December 3, 2012 Meeting Minutes. Board Member Stein seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Board of Adjustment February 4,2013 Agenda Item 1 01-07-2013 Minutes Page 2 of 8 BOA 12-4289 (723 N. OAKLAND AVE./ROSEHILL, 444): Submitted by RICHIE LAMB for property located at 723 NORTH OAKLAND AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 0.16 acres. The request is for a variance of the rear setback requirement. Quin Thompson gave the staff report. Chairman Kohler asked if the alley behind the property could not be used for access so that the house might be moved east out of the setback. Richie Lamb, applicant, replied that he had explored that option, but that topography and existing buildings built in the setback made it impractical. He indicated that he had spoken with a neighbor to the south in an attempt to gain easement, but that the conversation had not been productive. Mandy Bunch, applicant's representative, discussed her previous experience with development attempts on this property, stating that in her professional opinion the alley is not suitable for access due to topography. Matthew Hoffman, Boardmember, noted that the sketch provided by the applicant showed the building in the side setback as well as the rear setback. Mr. Lamb said that this was an error, but that the location is beneficial to the tree, and asked if the Board would consider granting a three foot side setback variance in addition to the requested variance. Mr. Kohler said that the side setback variance did not seem to be necessary, and could not be considered the minimum required to make the project work. Kristen Knight, Boardmember, asked how tall the building would be. Mr. Lamb said that final design drawings had not been completed, but that the buildings would be two-story. Public comment: Katharine Owen, adjacent property owner, stated that she had lived next door for 35 years, had seen multiple attempts to develop the property, and supported the current proposal because of the sensitive approach to the site and major tree at it's center. Julie Thacker, neighbor, spoke in support of the variance. Board of Adjustment February 4,2013 Agenda Item 1 01-07-2013 Minutes Page 3 of 8 Motion: Board Member Knight made a motion to approve BOAl2-4289 as recommended by staff. Board Member Stein seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Board of Adjustment February 4,2013 Agenda Item 1 01-07-2013 Minutes Page 4 of 8 BOA 12-4291 (11 S. DUNCAN AVEJWEST CENTER, 483): Submitted by JORGENSEN AND ASSOCIATES for property located at 11 SOUTH DUNCAN AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.12 acres. The request is for a variance of the building height requirements. Jesse Fulcher, Current Planner, read the staff report. Board Member Kohler stated that was difficult to straddle a building across two zoning districts and try to achieve architectural continuity. The building is just barely above the limit line. Chris Baribeau, applicant, stated that the back corner is approximately 6'8" above the limit. Board Member Niehues stated that this area is only about 20' wide. Board Member Stein stated that this is just a sliver of the deck. Board Member Niehues asked if the applicant was okay with the conditions. Baribeau stated yes. Board Member Hoffman asked what the development was next door. Fulcher stated that it was two 2-story apartment buildings. Board Member Hoffman stated that the high school is to the south and apartments are next door; not concerned with the height variance. Board Member Kohler asked if the 6'8" extension was the highest above the limit. Baribeau stated yes. Public comment: Mark Pryor, neighbor, stated that he owned to the adjacent apartment buildings and wasn't concerned with the height variance. Blake Jorgensen, applicant, stated that he spoke with David Tate with Fayetteville Public Schools and they didn't object to the height variance. Board Member Kohler asked why a rezoning wasn't pursued. Mims stated that the southern two lots were purchased recently, after the original rezoning. Board of Adjustment February 4,2013 Agenda Item 1 01-07-2013 Minutes Page 5 of 8 Motion: Board Member Niehues made a motion to approve BOA 12-4291 as requested by applicant. Board Member Hagers seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. Board of Adjustment February 4,2013 Agenda Item 1 01-07-2013 Minutes Page 6 of 8 BOA 12-4290 (SOUTHWEST CORNER OF STORER AND EAGLE/SMITH, 444): Submitted by EVAN NIEHUES for property located at the SOUTHWEST CORNER OF EAGLE STREET AND STORER AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY 40 UNITS PER ACRE. The applicant requests a variance of the lot area to subdivide the parcel into two lots. Andrew Garner, Senior Planner, gave the staff report. Blake Jorgensen, applicant representative, discussed the original plan and issues with developing it. Board Member Kohler asked about the possibility of building a triplex. Johnny Smith, owner discussed previous development and cost of development and their desire to split the lot. Jason Kelley, Assistant City Attorney, indicated that he thought it would be okay for Evan Niehues to speak for the applicant even though Mr. Niehues was recusing from the item. Evan Niehues, applicant and board member discussed the background for the request, including the previous development approval and their desire for the current proposal. No public comment was presented. Motion: Board Member Knight made a motion to approve BOA 12-4290 as requested by the applicant. Board Member Hoffman seconded the motion. Upon roll call, the motion passed with a vote of 3-2-1, with Board Members Stein and Hagers voting no, and Board Member Niehues recusing. There being no further business, the meeting was adjourned at 5:15 PM. Board of Adjustment February 4,2013 Agenda Item 1 01-07-2013 Minutes Page 7 of 8 Board of Adjustment February 4,2013 Agenda Item 1 01-07-2013 Minutes Page 8 of 8 • aye evIle BOA Meeting of February 4, 2013 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: January 28, 2013 BOA 13-4300 (EAST OF CARTER ST. AND ADDINGTON AVE./MARKS, 404): Submitted by BLEW AND ASSOCIATES for property located on CARTER STREET EAST OF ADDINGTON AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.20 acres. The applicant requests a variance of the lot area and lot width to subdivide the parcel into two lots. Planner: Andrew Garner BACKGROUND: Property Description and Background: The subject property is located on the south side of Carter Street, east of Addington Drive. The property is zoned RSF-4, Residential Single Family Four Units per Acre and contains 0.20 acres or approximately 8,712 square feet. The property is undeveloped. As indicated in Table 1, the property is surrounded by single family residences. Table 1 Surroun ing Land Use/Zoning Direction from Land Use Zoning Site North, South, Single family RSF-4, Residential Single Family Four Units per Acre East, and West residential Proposal: The applicant proposes to subdivide the property into two lots which would require lot width and lot area variances for both lots. The variance requests are listed in Table 2 and depicted in the applicant's letter and site plan. Table 2 Variance Re uest Variance Issue Re drement Request Variance Amount Tract 1 Lot Area 8,000 sq.ft. 4,463 s .ft. 3,537 sq.ft. 44% Lot Width 70 feet 52 feet 18 feet 26% Tract 2 Lot Area 8,000 scl. ft. 4,463 s .ft. 3,537 sq..ft. 44% Lot Width 70 feet 52 feet 18 feet 26% G:IETCIDevelopment Services Review120130evelopment Review113-4300 BOA East of Addington and Carter(Marks)101 BOAI0o6ayd of Adjustment 20131Comments and Redlines February 4,2013 Agenda Item 2 BOA13-4300 Marks Page 1 of 10 Public Comment: Staff received a phone call from a neighbor inquiring about the request. RECOMMENDATION: Staff recommends denial of the requested variance finding that there is not a hardship that justifies the variance, as discussed herein. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: February 4,2013 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 zoning ordinance would not cause undue hardship to the property owner. As a whole, the lot is of sufficient width and area to allow the construction and use of a single family dwelling. According to the applicant's survey, this is a typical flat, rectangular lot that is approximately 8,925 square feet. That the owner wants to split the property into two lots that do not meet the code is not a hardship. The applicant has not provided justification or discussion of any type of hardship that would necessitate the variances. There is no hardship in staff's opinion. There are no unusual conditions that prevent the development and use of this property under the current zoning code. Other new development in the same district is required to conform to the 8,000 square foot lot minimum and 70-foot lot width. Board of Adjustment G:IETCIDevelopment Services Review120120evelopment Review112-4290 BOA(Slorer)10l BOA 101-07-20131C6rnments and Redli,&bruary 4,2013 Agenda Item 2 BOA13-4300 Marks Page 2 of 10 (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: To grant a variance to subdivide the property into two small lots as proposed would not meet the intent of the RSF-4 zoning code. The proposed lot sizes of approximately 52-feet wide and 4,463 square feet are substantially less than the code required 70-feet wide and 8,000 square feet and do not meet the intended single family residential pattern in the RSF-4 zoning district. The small lot size would not even be permitted in the RSF-7 or RSF-8 zoning districts, and would only be permitted by right in Downtown Zoning Districts such as NC, Neighborhood Conservation, or other mixed-use form base zones. (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 not necessary to make a reasonable use of the applicant's land, building, or structure. This is a typical lot and could reasonably be used or redeveloped under the code without variances. (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 conditions of approval. (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 are a use permitted by right in the RSF-4 zoning district. - Board of Adjustment G.'IETCIDevetopmeni Services Review120120evelopmenl Reviewll2-4290 BOA(Storer)101 BOAI01-07-20131Cmmnenis and RedunForuary 4,2013 Agenda Item 2 BOA13-4300 Marks Page 3 of 10 Fayetteville Unified Development Code 161.07 District RSF-4,Residential Single-Family—Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. 11 Unit 1 1 City-wide uses by right 11 Unita I Single-family dwellings 11 Unit 41 1 Accessory dwellings (2) Conditional uses. Unit 2 Cit -wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Units Government facilities Unit Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. Single-family Two-family dwellin s dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellin s dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,009 sq.ft. 12,000 sq.ft. Land area per 8,000 sq.ft. 6,000 sq.ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq.ft. 12,000 sq.ft. District Lot area minimum Land area per 8,000 sq.ft. 6,000 sq.ft, dwelling unit (E) Setback requirements. Front Side I Rear 11 15 ft. 5 ft. 1 15 ft. Board of Adjustment G:IETCIDevelopment Services Review120120evelopmenl ReviewU2-4290 BOA(Storer)101 BOA I01-07-200Commenls and RedlinFebruary 4,2013 Agenda Item 2 BOA13-4300 Marks Page 4 of 10 (F) Building height regulations. BuiWing Height Maximum 1 45 N. height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in,and not considered nonconforming uses, (ord.4 4858). (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991,§160 011:0Y&No.4100.g2(Ex. A).6.16-98:Ord,No.4178.8-31-99;Ord.4658,4-18-06;0a[.5028,6-19-07;0r&5128, 4-15-08;Oixt.5224,3-3-09;Ord-5312,4-20-10;Ord.5462,32-6-11) Board of Adjustment G:IGI'ClLlvrulopnreru Servicer Iteviexh20121Ucrelopn�eur Review!-929!11101(S'xore?)V)I L70A1171-f17-1(t131Cnmmenls onrl Rediw ebruary 4,2013 Agenda Item 2 BOA13-4300 Marks Page 5 of 10 Blew Associates, P.A . Civil Engineers Professional Land Surveyors 524 W.Sycamore Street Suite#4 Fayetteville,AR 72703 PH:479-443-4506*FAX:479-582-1883 http://www.blewino.com City of Fayetteville Planning Department December 19, 2012 Re: Marks Lot Split 1408 Carter Street Fayetteville,AR Parcel#765-063 18-000 To whom it may concern: Our client,Andrew Marks,is requesting a variance and a lot split on his property located at 1408 Carter street.The property consists of a 0.20 acre tract. The intended lot split will create two new residential lots. This Will result in a 0.10 acre tract and a 0.10 acre tract. He is requesting a variance on both minimum lot area and minimum lot frontage for RSF-4 zoning. He believes that this proposed split will not have a negative impact on surrounding properties and will better the neighborhood. If you have any questions,please give us a call. Sincerely, Buckley Blew,P.L.S. Blew&Associates,P.A. Board of Adjustment February 4,2013 Agenda Item 2 BOA13-4300 Marks Page 6 of 10 S- a;,.,uxOA.igy"a., =h: gMN . 9V=g ow oSo�� � o�z`a�o9ona %£� pAa4ti5Sn"� .�",17�: � c9i'l�gl E77 °za6 €Y4 IM wa:oE"zgm �o 53w.o": .r S w ' ai3oSw I�gair S. is o €°„�wF3w o bs� a®e•®a � 3 q p O0 5�aW�M!K®mv ago a m u o p `s ._._ -orn� eo�mu•w ue�- _ y ;I I I p w€5'U4 LL9 w� � " ^ ! 1 °w �E.J� 9aw RoF�aa 5Hse'7o Y 8 R '"=03 ngp<9u"oma �'y�'.�oa3s _ ' -•_ - - same o€�o sso - a9m wU _IZWs€s fjull L— JI_J1�_n1Lll_ gS WyEB ,�,R'.� •�I�+ Y �� nebFwaFy 4j 2943 0 0 0 0 - t Agenda Item 2 BOA13-4300 Marks Page 7 of 10 I � p � O tY � I p I � O I 4aUZEL Qamu raper wX M ro r — v oo Q I 4rLi R rn Cn Z 111 S 03°06'17"W 85.00' X — '8-S'B,S x — z — x— x— F — x— x— x _ I N 100'£9I v ❑ +t � J �? xLL r O `p N Go w w I I HfY X $ vN00 0M � i OUUP o m I I 'o w p Q WI m x cli CL ~ O z Iro X N a O N i I x o I L — _ i x o ILo o LU x En M F 8'S'12,9 00'SB M„LG,90a£0S I Q n x w $ mO ,00'£5 I I Z a X $ o +I q I I ¢I W N U7x N m ELcn � wK o Im I .n Op U ❑ _� I � x 0 Ha m I axp at c” I .n x I ON I x L J � x — — .8.S' .5,8,9 — — — 1 x x _ x — x— x _00'98 3,-J L,90s£0 N x X — U i 0 x x x—x —x—x — x — x z v Oorn LU 2 n o Q a M oi a0e � LU O o Qf r Lu mmzui Board of Adjustment February 4,2013 Agenda Item 2 BOA13-4300 Marks Page 8 of 10 BOA13-4300 MARKS Close Up View HENDRIX ST LJw zgCARTER ROPERTY 0 0 z 0 G a r---_ T RSF-a U� �J PRIVATE 1237 Mau, ti NT0 z� 24 C-1 Legend r �, � � �� 1 D - Multi-Use4ra4{.Exfstlrig) �` – E_ ......... Future Trails JAMESST Fayetteville Cityt`imits_-- RP2D Ro °z OA13-4300 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 Board of Adjustment ------ Planning Area Feet February 4,2013 Age da Re E BOA13-4300 Marks Page 9 of 10 BOA13-4300 MARKS One Mile View v IRFAR� - R -0R -1 RMF-24 -i Z -. i /R# J Gi RL c2 m V Flo L"2 I •• RA +L�� C ..... .. C3 II1 RMF24 C3 / Q OFF Li m W RSF ' d• C-1 R .................. Fi LL w sF-0z ; RSF R-0 / (� -24 -t ' -......... iWYiiL� R rF2 Q 1 RMF24 EZ ELMFST MF21I RMF-24 BI IE JO D P Q F-24 RSFd ' H I L1 dm Q V ryL ARS u�-S R# '• HECK ST W I Ma6eR F24 u 4 sF4 �f W RSF Z I BEL AIR DRF MF 4L1 Ft Sir / — ASH STRMF a RSF ' AM RMF34 SUBJECT PROPERTY DRnq 11 ¢ d RSF-0 J F RM 4 2 -t 2RPZD RMF34 Fd RSFd RS i ST RSFd R MPY`3 RMF26 CS 1 RSF-0W / M G sF-0 SKYLER DR P-1 v 1 . D DR RMFB W ' �•4q HEN RMF-24 • ) Z .5 RMF26 ....Q W MORSF-0 SON S.T 1+M R E ORF 17 L���.�k. .SirVr P.t a NF RSF-0 15 R RSF-0� / RSFd W A Q 12 I HOLLY S O CEDAR ST 1D RSFd RMF34 MFOr L i RMF-24 RMF-2 1 RSF4 OLLYS SFd `V fL D d rW' d RSF4 RSFd - �¢ RA C-1RD ` SF RSF-0 RSF W Q �� RMF-24 _i C-2 -t OLLY ST Z Z N RSF-4 { RpZp C2 C3�I.IF26 RMF24 RSF4 J r R ¢ / Lc3 H RICIA LN >-RSFd /•1-0 R I RSF-0 ~RSF-0 D \ L 1 L 1 LSLSRM 24 RSF4RSF4Q W ORA R Q c-t RSF-0 \ W 4 R-O 14 HMF24 RSF4 ' W SFd W a RSMMF o ADAMS ST Y ST R J T RSF4 RSFdS O Y Z Q R u HAWTHORN ST RMF 36 2 P1 t F-24 RSF-0 µNs NCOLN RSF-0RPZD R -1 CLEB a z hRSF-0 RSF RSF4 RSF o RSFd -00 w 00 •� PROSPE STv1.._ RSF4 RSFd R FJ RMF 24 LO NCIR RSFd RO.RA' RSF4 RSFdR Q P1 RMF-24 N W RSF4 I R -06 p LOUISE ST RMF24 h SF4a d' P-0R q l.� SF-J RSFd RSFdR$F W RMF24 N O v RMF P-t I� II 11 ina1 Q C3 E f,RRRgIIA��I►►►ybbb RSFd RSRF$-0-0N RSF4 LRD �yy i O� P. ........ M F4 - MENZ CM P-0 Z T Q MARKHAM RD ••••••••• F S Msc xJ CPID RSF4 Q C MSCM SL MSL W ALLEY 223 Rs --DIC N i _ x RSF-0 RSFd Overview Legend BOA 13-4300 Subject Property OeOA134300 - - ! Desi n Overlay District ❑ Boundary Plan iing Area _ FayE tteville F 0 0.25 0.5 1 M les Board of Adjustme t February ebrua 4,201 Agenda Item 2 BOA13-4300 Marks Page 10 of 10 • aye'017 ' evl le BOA Meeting of February 4, 2013 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: January 28, 2013 BOA 13-4301 (1849 S. VALE AVE./MCMAHON, 599): Submitted by BLEW AND ASSOCIATES for property located at 1849 SOUTH VALE AVENUE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 acres. The applicant requests a variance of the lot area to subdivide the parcel into two lots. Planner: Jesse Fulcber BACKGROUND: Property Description and Background: The subject property is located at the northwest corner of W. Sligo Street and S. Vale Avenue,just east of S. Razorback Road. The property is zoned RMF-24, Residential Multi-Family, 24 Units per Acre and contains 0.23 acres or approximately 10,019 square feet. The Arkansas/Missouri rail line runs on the east side of Vale Avenue. Surrounding land use is described in Table 1. Table I Surroun Ing Land Use/Zoning Direction from Land Use Zoning Site North Multi-family RMF-24, Residential Multi Family 24 Units per Acre South Multi-family RMF-24, Residential Multi Family 24 Units per Acre East Industrial 1-1, Heavy Commercial/Light Industrial West Undeveloped RMF-24, Residential Multi Family 24 Units per Acre Proposal: The applicant proposes to subdivide the property into two lots which will require a lot area variance for the eastern lot. The variance request is listed in Table I and depicted in the applicant's letter and site plan. Table 2 Variance Request Variance Issue Requirement Request Variance Amount Tract 1 Lot Area 6,000 sq.ft. 3,920 sq-ft. 2,080 sq.ft. Board of Adjustment G:IETCIDevelopment Semlces Review120120evelopment Reviewll2-4301 BOA(Vale)101 BOA102-04-20131Comments and Red/lne.February 4,2013 Agenda Item 3 BOA134301 McMahon Page 1 of 12 Public Comment: Staff has not received any public comment. RECOMMENDATION: Staff recommends denial of the requested variance finding no hardship that justifies the variance, as discussed herein. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: O Approved O Denied Date: February 4. 2013 Motion: Second: Vote: FUTURE LAND USE PLAN DESIGNATION: Complete Neighborhood Plan—Fayette Junction 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 will not cause undue hardship to the property owner. As a whole, the lot is of sufficient width and area to allow the construction of one single family dwelling, one duplex, or up to five multi-family dwellings. According to the applicant's survey, this is a typical flat, rectangular lot that is approximately 10,000 square feet. That the owner wants to split the property into two lots that do not meet the code is not a hardship. The applicant has not provided justification or discussed any type of hardship that warrants the variance. There are no unusual conditions that prevent the development and use of this property under the current zoning code. Board of Adjustment G:IETCIDevelopmen(Serrices Review120120evelopmenl Rewew112-4290 BOA(Store,)01 BOAI01-07-20131Commenls and Redlinleeebruary 4,2013 Agenda Item 3 BOA134301 McMahon Page 2 of 12 (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: Subdividing a 10,000 square foot lot and creating an approximately 3,900 square foot lot (and one conforming lot) is not in keeping with the spirit and intent of the zoning ordinance, in this case. There are several development options available for this conforming lot under the current zoning designation. The applicant could also rezone the property to increase development options. (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 not necessary to make a reasonable use of the applicant's land, building, or structure. This is a typical lot and could reasonably be used or redeveloped under the code without variances. (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 conditions of approval. (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: The applicant is not requesting a use that is prohibited in the RMF-24 zoning district. Board of Adjustment G:IETCIDevelopment Services Review120121Developmenf ReviewII2-4290 BOA(Slorer)101 BOA 101-07-20131Comments and RedlinFmbruary 4,2013 Agenda Item 3 BOA134301 McMahon 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 City-wide uses by right Unit 6 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-family dwellings Unit 44 Cottage Housing Development (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 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.ft. park 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 9,000 s .ft. Fraternity or Sorority 2 acres Board of Adjustment G:IETCIDevelopment Services Review120120evetopment ReviewU2-4190 BOA(Storer)101 BOA101-07-20131Comments and Redlin@.ebruary 4,2013 Agenda Item 3 BOA134301 McMahon Page 4 of 12 Professional offices 1 acres (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. Fraternit or Sororitv 1,000 sq.ft.per resident (E) Setback requirements. Front Side Rear The principal 8 ft. 25 ft. fagade 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. Building Height Maximum 1 60ft. 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. Board of Adjustment G:IRTCIDevelopment Services Review120120evefopmenf Reviewl12-4290 BOA(Storer)101 B0AI01-07-20131Commews and RedlinFabruary 4,2013 Agenda Item 3 BOA134301 McMahon Page 5 of 12 7" ,Associates, P.A . Blew � Civil Engineers Professional Land Surveyors 524 W.Sycamore Street Suite#4 Fayetteville,AR 72703 PH:479-443-4506*FAX:479-582-1883 http://www.blewinc.com City of Fayetteville Planning Department December 19,2012 Re: McMahon Lot Split 1849 S.Vale Ave. Fayetteville,AR Parcel#765-08376-000 To whom it may concern: Our client,Clancy McMahon, is requesting a variance and a lot split on his property located at 1849 S. Vale Ave. The property consists of a 0.23 acre tract.The intended lot split will create two new residential lots.This will result in a 0.14 acre tract and a 0.09 acre tract.He is requesting a variance for the minimum lot area for RMF-24 zoning.He believes that this lot split will not have a negative impace on surrounding properties and will better the neighborhood. If you have any questions,please give us a call. Sincerely, Buckley Blew, P.L.S. Blew&Associates,P.A. 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