HomeMy WebLinkAbout2005-01-03 - Agendas FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
Monday,January 3,2005,3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of Minutes from the 12/20/2004 meeting.
New Business.
1. BOA 05-1354(WERNER,522): Submitted by MATTHEW GRIFFITH for property located at 161 SOUTH HILL AVENUE.
The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.22 acres. The requirement is for
a 60'lot width.The request is for a variance from lot width requirement to allow and existing 50'property width.
Property Owner: RANDY&MELISSA WERNER Planner:SUZANNE MORGAN
2. BOA 05-1355(RAYMOND JONES,524): Submitted by RAYMOND OW. JONES for property located at 515 LYTTON.
The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.17 acres. The requirement is for
an 8'side setback.The request is for a 5'setback(a 3'variance.) Planner: SUZANNE MORGAN
3. BOA 05-1356(JOHNSON,523): Submitted by TOM&RITA JOHNSON for property located at 309 S GREGG AVENUE.
The property is zoned R-0,RESIDENTIAL OFFICE and cc'mains approximately 0.35 acres. The requirement is for a front setback of
50'. The request is for a 36'front setback(alTvatriance)to accommodate an existing non-confortning structure and a deck.
Planner: LEIF OLSON
4. BOA 05-1357(CHASE MILLER,409): Submitted by CHASE MILLER for property located at 1532 E COLUMBUS
BLVD. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.34 acres. The requirement
is for a 25'front setback. The request is for a 10'from setback(a 15'variance.)
Planner: LEIF OLSON
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(575-8267),125 West Mountain Street,Fayetteville,Arkansas.
All interested parties am invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public
bearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330.
ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item— Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions & Answer with Board
F. Action of the Board of Adjustment (Discussion & Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Adjustment on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Board
members the opportunity to speak and before a final vote is taken. Public comment will
only be permitted during this part of the bearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chair-man, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Board of Adjustment.
2004 Board of Adjustment Members
Sherrie Alt
Michael Andrews (Chairman)
Michael Green
Robert Kohler
James Kunzelmann
Bob Nickle
Joanne Olzewski
BOA Meeting of January 03,2005
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE,ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Interim Zoning&Development Administrator
DATE: December 28, 2004
BOA 05-1354 (WERNER, 522): Submitted by MATTHEW GRIFFITH for property located at
161 SOUTH HILL AVENUE. The property is zoned RMF-40, MULTI FAMILY-40
UNITS/ACRE and contains approximately 0.22 acres. The requirement is for a 60' lotAidth.
The request is for a variance from lot width requirement to allow and existing 50'property width.
Property Owner: RANDY&MELISSA WERNER Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested 10-foot lot width variance as shown on the
attached site plan with the following condition(s):
1. The proposed development shall comply with all development regulations in the
RMF-40 zoning district.
2. A building permit shall be obtained prior to commencement of any construction.
3. Expansion or rehabilitation of the existing nonconforming structure shall comply
with City ordinance requirements.
Additional Conditions/Comments:
-------------------- ------------------
K.'Reports12005WOA Reporlsl0l-03-051BOA 04-1354 ffemer).doc January 3,2005
Board of Adjustment
BOA 04-1354(Werner)
Page 1.1
Property description: The subject property is located west of Hill Avenue, north of 6th Street.
The property lies within the RMF-40 zoning district. Currently, there is a 1,028 square foot
single family dwelling built in 1920 on the site. The existing lot does not have the required lot
width of 60'. The current structure on the property is nonconformingand it encroaches within
3.34' of the required 8' side setback to the north. This lot and many surrounding properties, were
platted prior to adoption of the current zoning ordinance, and as a result do not meet all
minimum bulk and area requirements within the RMF-40 zoning district.
Proposal: The applicant is requesting a 10' variance for a total 50' frontage for a single family
lot, rather than the 60' required in the RMF-40 zoning district,to bring the lot into conformity.
Should the variance request be approved, additional structures may be permitted on the property;
however,the existing structure would remain nonconforming due to the encroachment within the
side setback. The applicant proposes to construct a two-story structure in the rear of the property
to be used as a garage with a family living area/office on the second floor. It is not the intent of
the applicant to include a kitchen, laundry or sleeping areas within this structure.
Ordinance Requirement Applicant's Request
Lot width 60' 50' (a 10' variance)
SURROUNDING LAND USE AND ZONING
Land Use. Zoning
North Single family residence RMF-40, Multi-Family Res, 40 units/acre
South Single family residence RMF-40, Multi-Fanrily Res, 40 units/acre
East Single family residence RMF-40, Multi-Family Res, 40 units/acre
West Single family residence RMF-40, Multi-Family Res, 40 units/acre
GENERAL PLAN DESIGNATION Residential
156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: The subject property is owned as an individual lot with adjacent property
not under common ownership. The lot was created and developed for single
family use prior to the adoption of current zoning regulations and contains
less frontage than that required by the RMF-40 zoning district.
K.WeportsUOOMOA Reports101-03-05180A 04-1354(Werner).doc January 3,2005
Board of Adjustment
BOA 04-1354(Werner)
Page 1.2
2. Deprivation.of,Rights,. That liferal-interpTttationzof the.provisions,-of the,zoning- ,
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations. 41
Finding: Literal interpretation of zoning regulations would not allow construction of a
new accessory structure on the proposed lot. The applicant is requesting a
variance for minimum lot width for the development of garage and living
area(office/entertainment room) in the rear of the parcel in question. The
proposed structure will conform to all required setbacks within the RMF-40
zoning district.
3. Resulting Actions. That the special conditions and circumstances do not result
from theactions of the applicant.
Finding: The lot size is not the result of actions of the applicant. This lot and an
others within the surrounding area were platted with 50' of frontage prior to
current zoning regulations and ownership by the applicant.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Findiieg: Granting the requested lot width variance will not confer special privileges.
The use of the property for accessory structures to the primary single family
residential use as indicated by the applicant is permitted by right within the
RMF-40 zoning district. All bulk and area regulations with the exception of
lot width are to be accommodated with the proposed dwelling.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no pennitted or nonconforming use of lands,
structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
Finding: No other nonconformities were considered as a basis of the findings stated in
this staff report.
156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,January 03,2005.
K.-TeportsL70051HOA ReportsIOI-03-05�BOA 04-1354(Werner).doc January 3,2005
Board of Adjustment
BOA 04-1354(Werner)
Page 1.3
3. Findings. The Board of Adjustment shall make the following findings:
a. MinimurnVariance. That the reasons set forth in the application justify
the granting of the variance, and that the variance is the minimum variance
that will make possible the reasonable use of the land, building, or
structure.
Finding: The requested lot width variance is the minimum variance necessary to
accommodate the proposed structure.
b. Harmony with General Purpose. The Board of Adjustment shall further
make a finding that the granting of the variance will be in harmony with
the general purpose and intent of Zoning, Chapters 160-165, and will not
be injurious to the neighborhood, or otherwise detrimental to the public
welfare.
Finding: Granting the variance 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.
C. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations.
Finding: Staff has recommended conditions for this request which are stated on page
one of this report.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under Zoning
in the district involved, or any use expressly or by implication prohibited
by the terms of the zoning regulations in said district.
Finding: The proposed use is an accessory structure for a single family residence, a
use permitted by right in the RMF-40 zoning district.
K.,TeportsIMOSWOA ReporMOI-03-03180A 04-1354 OVerner).doc January 3,2005
Board of Adjustment
BOA 04-1354(Werner)
Page 1.4
161.14 District Rmf-40,Residential Multi-
Family—Forty Units Per Acre
(A) Purpose. The RMF-40 Multi-family (3) Land area per dwelling unit.
Residential District is designated to protect
existing high density multi-furdly development and Manufactured home 3,000 sq.ft.
to encourage additional development of this type Townhouses&apartments
No bedroom 1,000 sq-ft
where it is desirable. One b edroom 1,000 sq.ft.
Two or more 1,200 sq.ft.
(B) Uses. bedrooms
Fraternity or Sorodty 500 sq._ft.per resident
(1) Permitteduses. (E) Setback requirements.
Unit 1 City-w de uses by right i Side
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings 25 ft. 1 8ft.
Unit 10 Three-family dwellings
Unit 26 Multi-family dwellings Cross reference(s)-Varimm,Ch. 156.
(2) Conditional uses. (F) Height regulations. Any building which
exceeds the height of 20 feet shall be set back from
Unit 2 City-wide uses by conditional use permit any side boundary line an additional distance of
Unit 3 Public protection and utility facilities one foot for each foot of height in excess of 20
Unit 4 Cultural and recreational facilities feet.
Unit 11 Manufactured home park
Unit 24 Home omupation
1-1025 Professional offices (G) Building area.None.
Unit 36 Wireless communicatibns facilities
(C) Density.
16 to 40
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
Lot within a manufactured home park 50 ft.
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 manufactured 4,200 sq.ft.
home park
Townhouses:
Development 10,000 sq.ft.
Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 6,500 sq.ft.
Three or more 8,000 sq.ft.
Fratemityor Sorority I acre
KAReporiTl2005lB0A ReporisIOJ-03-05WOA 04-1354(Werner).doc January 3,2005
Board of Adjustment
BOA 04-1354(Werner)
Page 1.5
11.29.04
City of Fayetteville
Board of Adjustment
To the Chair:
Randy and Melissa Werner am seeking permission to build a new carport structure Within the
defined setbacks on the western extmme at their property at 161 South Hill Avenue. This property
is only 50'wide,and an adjustment is necessary for construction to proceed. Thank you for
considering this variance to 161.14 District RMF-40 City code.
The property in question is in an historic neighborfiood and,as such,is one of many lots in the area
that does not conform to the present city code dimensions that guide"bulk and area regulations."
As stated in the current code,the fat width minimum for a single family dwelling unit in an RMF-40
district is 60'. The Werners'property,which already has a cA 9RO, 1028 sqfL house on k is only
50'wide. The lot as it exists is therefore in violation of city code. In preparetion for the proposed -
construction,the Wemem have demolished a large storage shed an the site that was sMd on the
property line to the south of the lot a clear violation of city setback regulations. The proposed new
structure,at only 17-6"wide,is sited within currently defined setbacks - B fL to the side lot�20 ft
to the rear. Finally,the site slopes in a manner that precludes building a similar structure farther
up the hill,potentially attached to the house. Such design alternatives were considered initially,but
abandoned given the near impossibilities of dealing with existing grade changes and fulfilling the
Wemem'desired improvements in light of the constraints of the site.
A literal interpretation of RMF-40 code would prevent Randy and Melissa Werner from impmving
their property through substantial renovation or addition. In this case specifically,the ordinance
would prevent the Wemers from completing substantial improvements to the contours of their
yard,improving the paricing configuration on the site,and adding living space in the form of a
historically sensitive new structure. These am rights of improvement that should not be denied
owners of lots platted within the city of Fayetteville prior to current code parameters.
To date,the owners have taken no action beyond purchasing an older lot that can be said to have
generated the special circumstances mentioned above. In fact the proposed site alterations
involve the demolition of an existing storage shed that violated(the demolition has already
occurred),city set back guidelines by being directly on the side fat line to the south. Thus,the
owners can be said to have improved the regulatory"qualiW of the site to date.
The addition of a relatively small outbuilding to an historic lot within the setback guidelines put forth
by the city does not appear to be an exorbitant privilege to afford the owners. Special consideretion
has been given in designing the structure to insure its compatibility with surrounding historic
structures and to minimize the mass of the building on the site. In addition,grading improvements
better the control of run-off into the mar alley and allow off-street parking deeper into the site. As a
residential district filled with high-density student housing,the South Hill Street neighborhood Will
not be negativelly�or even noticeably,impacted by this proposed structure.
Again,thank you for your consideration in this matter.
Sincerely,
Matthew Griffith January 3,2005
Board of Adjustment
BOA 04-1354(Werner)
Page 1.6
11.29.04
City of Fayetteville
Board of Adjustments
Members of the Board:
On behalf of Randy and Melissa Werner, 1, Matthew Griffith, am writing to request a
variance from the stated RMF-40 code that would allow the construction of a new
carport and second-story floor area on the western extreme of their property at 161
South Hill Avenue in Fayetteville. This variance seeks permission to build the new
structure on a lot that is less than 60'in width, a condition that infringes upon defined
"bulk and area re4u-lations." The purpose of this new structure is to provide a covered
parking area and small entertainment space. It is not planned for use as a secondary
residence. At 1 T-6"in width and 740 sqft. in footprint area,this structure fits easily
within defined setbacks[8 ft.to the side eave, 20 ft.to the rear],though the property in
question is only 50'wide.
The footprint area of the existing house is approximately 1028 sqft, The footprint of
the proposed new construction is approximately 740 sqft. Both structures are two
stories in height,with the proposed carport rising 23-8"from the site at its ridge. The
ground floor of the new construction is open and unconditioned. The upper floor has
574 sqft.of interior, conditioned space. Functioning as a carport,the proposed new
construction provides two off-street parking spaces.
Your consideration is appreciated.
Sincerely,
Matthew Griffith
January 3,2005
Board of Adjustment
BOA 04-1354(Werner)
Page 1.7
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<.d Md Board of Adjustment
BOA 04-1354(Werner)
Page 1.10
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Board of Adjustment
00103F.U.20.28 BOA 04-1354(Werner)
Miles Page 1.12
BOA Meeting of January 03,2005
7ayZ r�—1 125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-0-267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO- Fayetteville Board of Adjustment
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Interim Zoning&Development Administrator
DATE: December 28, 2004
BOA 05-1355 (RAYMOND JONES, 524): Submitted by RAYMOND O.W. JONES for
property located at 515 LYTTON. The property is zoned RMF-24, MULTI FAMILY-24
UNITS/ACRE and contains approximately 0.17 acres. The requirement is for an 8' side setback.
The request is for a 5' setback(a 3' variance.) Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends denial of the requested 3-foot side setback variance.
Additional Conditions/Comments:
.............
Re 6d
BACKGROUND:
Property description: The subject property is located in Fairland Addition, at 515 Lytton Street,
located off of Huntsville Road. The property lies within the RMF-24 zoning district and has less
than the required 60' lot width for a single family dwelling. In July 2003, the property owner
received approval from the Subdivision Committee to construct a single family home on the
property; however, the lot remains nonconforming. Subsequently, the owner received a building
permit to construct the requested single family home.
K.WqportW005W0,4 Reportsl0l-03-051BOA 04-1355(RaymondJonq).doc January 3,2005
Board of Adjustment
BOA 04-1355(Raymond Jones)
Page 2.1
Proposak The-applicant-i&-requesting-a 3' variance side-setback.variance.for-a totd.8' setback.to,
accommodate a 4' Aide, 55' long deck on the south of the home. If the deck is over 30"in
height it is subject to all setback requirements;the applicant has not submitted information
regarding the height of the deck.
IOrdinance Requirement Applicant's Request
Side Setback 1 8' 5' (a 3' variance)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single family residence RMF-24, Multi-Family Residential, 24 units/acre
South Single family residence RMF-24, Multi-Family Residential,24 units/acre
East Single family residence RMF-24, Multi-Family Residential, 24 units/acre
West Single family residence RMF-24, Multi-Family Residential,24 units/acre
GENERAL PLAN DESIGNATION Residential
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall,not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: The lot was created from parts of two lots within a platted subdivision.
There are no conditions which exist on this lot that are peculiar to the
property and would not be applicable to other properties in the same vicinity
or zoning district. All new development on surrounding properties is
required to meet the RMF-24 building setbacks.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would not allow construction of a
deck that would encroach within the side setback. The property owner may
construct a majority of the 224 sf proposed deck,with the exception of
approximately 30 square feet. A deck less than 3011 in height can be built
within the building setback.
K.lReportwOOMOA Repor&101-03-051BOA 04-1355(PaymondJones).dac January 3,2005
Board of Adjustment
BOA 04-1355(Raymond Jones)
Page 2.2
I Resulting Actions. That the special condition&and circumstances do.not result
from the actions of the applicant.
Finding: The development of a single family home on this property was granted by the
Subdivision Committee on July 03,2003. Subsequently, the applicant
requested and received approval of a building permit for construction of the
dwelling in July of 2003. The location of the structure on the lot(see
attached)was a result of the applicant's desire. The building could have
been angled in such a way that the proposed deck would not encroach within
the building setback, but the applicant situated the structure such that no
uniform addition across the structure was possible.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: Granting the requested setback lot variance will confer special privileges on
this property. Additionally, the development of this property was subject to
the compliance with all setback regulations. The Subdivision Committee
approved the construction of a single family home on this property with the
condition that"all improvements shall comply with the current setback
requirements for the RMF-24 zoning district."
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or nonconforming use of lands,
structures,or buildings in other districts shall be considered grounds for the
issuance of a variance.
Finding: No other nonconformities were considered as a basis of the findings stated in
this staff report.
§ 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,January 03,2005.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify
the granting of the variance, and that the variance,is the minimum variance
K.Weports12005WOA ReportYI01-03-05180.4 04-1355(PaymondJones).doc January 3,2005
Board of Adjustment
BOA 04-1355(Raymond Jones)
Page 2.3
that-will make possible the reasonable�use of the�land,building,or
structure.
Finding: The requested lot side setback variance is the,minimum variance necessary to
accommodate the proposed deck.
b. Harmony with General Purpose. The Board of Adjustment shall further
make a finding that the granting of the variance will be in harmony with
the general purpose and intent of Zoning, Chapters 160-165, and will not
be injurious to the neighborhood, or otherwise detrimental to the public
welfare.
Finding: Granting the variance will not be in harmony with the general purpose and
intent of zoning regulations, as it will convey privileges on this property
owner not granted to other surrounding properties.
C. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations,
Finding: Staff has recommended denial of the requested setback variance.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under Zoning
in the district involved, or any use expressly or by implication prohibited
by the terms of the zoning regulations in said district.
Finding: A deck over 3011 in height is permissible use in the RMF-24 zoning district,
provided it is subject to all required setbacks.
K.WeporlsL7005WA Reports101-03-05160A 04-1355(PbymondJonq).doc January 3,2005
Board ofAdjustment
BOA 04-1355(Raymond Jones)
Page 2.4
161.13 District Rmf-24,Residential Multi- Professional offices acre—s
Family-Twenty-Four Units Per Acre
(A) Purpose. The RMF-24 Multi-family
Residential District is designed to permit and (3) Landareaper dwelling unit.
encourage the developing of a variety of dwelling
types in suitable environments in a variety of Manufactured home 3,000 sq.ft.
densities. Apartments:
*No bedroom 1,700 sq-ft.
(B) Uses. *One bedroom 1,700 sq�ft.
00 sq.ft.
-Two bedroom 2,0:
(1) Permitted uses. -EE2Lernity or Sororitf 1,000 sg.ft.ip)er 7resident
Unit I I City-wide uses by right (E) Setback requirements.
Unit 8 Sinqle-familv dwellings
Unft 9 Two-family dwellings Side I Rear
Unit 10 Three-family dwellings 25 ft. 25 ft.
Unit 2
Cross refercncc(s)-Vsri=�,Ch.156.
(2) Conditional uses.
(F) Height regulations. Any building which
Unit 2 City-wide uses by conditional use perm Ft— exceeds the height of20 feet shall be set back from
Unit 3 Public Protection and utility facilities any si boundary line an additional distance of
U04 Cultural and recreational faulities one foot for each foot of height in excess of 20
Unit 11 Manufactured home park feet.
Unit 25 Professional offices;
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Units per�Zre '—1 4 to 24
(D) Bulk and area regulations.
(1) Lot width minimum-
Manufactured home park 10oft.
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.
Manufact ad Ir me park 3=acres
�!_ 0 a
Lotwifthin a mobile home park 1 4,200 sq.
ft
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 sq.ft.
,FFratemity or CSorority 2 acres
K.-Weports12005W0A Repor&101-03-05DOA 04-1355(R�mondjones).doc January 3,2005
Board of Adjustment
BOA 04-1355(Raymond Jones)
Page 15
December 9, 2004
Michael Green, Chair
Board of Adjustment
c/o City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Dear Sir:
I need egress at my back door, which faces south and downhill. It will encroach on
the 8 foot setback if I am permitted to build a 4 foot deep gangway. This gangway
would encroach on the setback from the southeast comer going towards the street
26 feet in a long narrow pie shape. It is approximately 39 square feet total into the
setback.
I was afforded a 10 foot variance on my property across the street (540 Lytton Ave.)
so that I could build a structure that demanded more tax money and convenience for
the owners some years ago. I think that by having a gangway that runs the length of
the house would not only afford entry and egress in a second location, but I could
also easily make the house wheelchair accessible from Lytton Ave.
There are special conditions and circumstances in the fact that I was totally
oblivious to a deck encroaching on the setback. rd always been told that the
setback was from the eaves of the house. Therefore I thought that a deck or
gangway was a structure not considered permanent; that it was something that could
be moved.
The granting of this variance will not confer any special privileges to me. I own the
land directly adjacent to the proposed gangway, so this variance will not interler
with any other parties.
Thank you for your consideration of this request.'�Please let me know if you have
any questions.
Sinc.4erely
January 3,2005
Raymo OW Jones Board of Adjustment
BOA 04-13S5(Raymond Jones)
Page 2.6
12t9104
Dear Sirs, my request is to add a wooden deck on the south side of the building being built
at 515 Lytton Avenue, in Fayetteville AR. My building permit number is 3967 at present.
The deck would be approximately 224 sq. ft. (4 foot by 56 feet long) of which 39 sq. ft.
would be into my 8 foot setbacks. This would be a pie shape with the point being
approximately 26 feet from the South/Fast corner of the building.the wide point of the pie
is approximately three feet into our 8 ft. setback.
Sincerely, Raymond 0. W. Jones Jr.
January 3,2005
Board of Adjustment
BOA 04-1355(Raymond Jones)
Page 2.7
MINVM; VF SOBDWISC)t4 atAhMCC
Subdivision Committ6e
July 3, 2003 A-f pi?DqAL Fo-tz &m&1E �"Vl.
Page 7
ADM 03-16.00: Administrative Item (Jones, pp; 524) was submitted by Blew &
Associates on behalf of Raymond OW. Jones for property located in lots 16 and 17 in
Block Three of Fairland Addition. The property is zoned R-2, Medium Density
Residential (RMF-24, Residential Multi-family, 24 units per acre). The request is to
build a single family residence on a non-conforming lot of record.
Bunch: The next item on our agenda is ADM 03-16.00 submitted by Blew and
Associates on behalf of Raymond O.W. Jones for property located at lot
16 and 17 of Block 3 in Fairland Addition. Staff report on this?
Pate: Yes Sir. The request for this administrative item is to build a single-
family residence on a non-conforming lot of record. It is much like the
other one in the fact that the lot is non-conforming with the lot width size.
You will notice in addition to your packet there is a vicinity map. This
location is off of Huntsville Road and Lighton Avenue. Staff is requesting
approval of the requested administrative item with the following
conditions: 11) All improvements shall compV�th the current A�setac_
�equircments for the RMF-24 zonin district All required building
_t
istric
lo im
or e M
r propo�
se
rrm s must fe�setcured for�proposed impro�vements.
rm s must
Bunch: Is the applicant or an applicant's representative present?
Warrick: This is one that if you are comfortable with approving this I will be glad to
get the information to the applicant. The burden is still on them to provide
a site plan that meets the requirements of the zoning district and for staff
to review. Your consideration in this case is much like the previous
request however, in this situation it is a vacant lot and you are being asked
to approve the development of one single-family home on this lot. The
neighborhood is fairly consistent in the development of small single-
family homes- It is on somewhat of a slope. The zoning would allow for
higher density development however, under the provision that it is a non-
conforming lot you can only approve a single-family structure and that is
all that staff would recommend. That is what the request is. We can
convey any information to the applicant if you choose.
Bunch: Just a question. It says located on lots 16 and 17, is this one lot or is it two
lots for one structure?
Warrick: It is one lot. There were adjustments made in the past that changed the
configurations of several lots in this area and when lot lines were adjusted
this actually became part of 16 and part of 17. This is the survey of the
tract that we are discussing.
January 3,2005
Board of Adjustment
BOA 04-1355(Raymond Jones)
Page 2.8
Subdivision Comrnitte�
July 3, 2003
Page 8
Bunch: Ok,thank you. At this time we will take public comment. Is there anyone
in the audience that would like to address this issue? Seeing none, I will
bring it back to the Committee. What size is this lot,the reconfigured lot?
Warrick: It is a bit of a trapezoid in shape but it is basically 50xI45.
Bunch: The 50' being the frontage?
Warrick: There is about 57' along Lighton Street on the east and 45 V2' on the rear
of the lot to the west. It is shy of the 60' requirement for a single-family
lot, only 3' shy.
0staer: It sounds like you all have the ability to handle this.
Warrick: We will have to approve a building permit on this lot and,it will be
required to meet the setbacks regardless so yes.
MOTION:
Ostner: I trust our staff can handle it. I will make a motion that we approve ADM
03-16.00.
Church: I will second it.
Bunch: I will concur.
January 3,2005
Board of Adjustment
BOA 04-1355(Raymond Jones)
Page 2.9
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January 3,2005
Board of Adjustment
BOA 04-1355(Raymond Jones)
Page 2.11
BOA 05-1355
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Board of Adjustment
BOA M-1355(Raymond Jones)
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0 0 HisWnc Coffe�r January 3,2005
Board of Adjustment
B 04-1355(Raymond Jones)
nmmmm==� Miles t Page 2.13
C1 rO
ARKANSAS
BOA Meeting of January 3, 2005
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
70—: Fayetteville Board of Adjustment
FROM: Leif Olson,Associate Planner
THRU: Jeremy Pate, Interim Zoning &Development Administrator
DATE: December 29, 2004
BOA 05-1356 (JOHNSON, 523): Submitted by TOM AND RITA JOHNSON for property
located at 309 S GREGG AVE. The property is zoned R-O, RESIDENTIAL OFFICE and
contains approximately 0.35 acres. The requirement is for a 25' front setback. The request is for
a front setback of 10' (a 15' variance).
Planner: LEIF OLSON
RECOMNIENDATION:
Staff recommends approval of the requested front setback variance as shown on the
attached site plan (survey)with the following conditions:
1. The proposed development shall comply with all other development regulations for
a single-family home in the R-O zoning district.
2. No future alterations or additions shall be permitted on the eastern portion of the
property without Board of Adjustment approval.
BOARD OF ADJUSTMENT ACTION: 0 Approved 0 Denied
Date: January,3,108
BACKGROUND:
Property description: The subject property is located at 309 S. Gregg Ave. Currently a 979
square foot single-family home is located on the property, which is Lot 10 and a portion of Lot 9,
of the Hall and Gollehar Addition. The applicant has filed a Property Line Adjustment request in
K:\Repons\2005\B0A Reports\01-03-05\130A 05-1356(Johnson).doc January 3,2005
Board of Adjustment
BOA 04-1356(Johnson)
Page 3.1
the Planning Office to�reconfigure the.three.existing platted lots.into.two lots which.would bring
them more into compliance with the bulk and area requirements of the R-O district. The lot
consists of approximately 4,3 87 SF, which is less than the minimum allowable lot area in the R-
0 zoning district for a single family home (6,000 SF). However, this lot does meet the minimum
ne
frontage requirement in this zoning district. (60' required/75' provi&d). The attached survey of
the property shows the location and dimensions of the structure. The R-O zoning district requires
a 25' front setback for a residential use. Gregg St. is classified as a local street in the Master
Street Plan thus requiring a 50' right-of-way. The applicant has requested a 15' variance from the
required 25' setback, which would place the home 10' from the master street plan right-of-way .
Proposal: The applicant requests a variance for the portion of the structure and the deck that is
located within the front building setback.
Request: The request is for a front setback variance of 15', resulting in a 10-foot setback from
the master street plan right-of-way along the front(east)property line.
Recommendation: Staff s recommendation is for approval of the requested variance for the
structure and deck as it is currently sited on the lot. The variance does not include additional
encroachments, but will allow the existing structure to be considered conforming as it is
currently developed.
Ordinance Requirement A plicant's Request
Front Setback (south) 25' 10' (a 15' variance)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Multi-family residential RMF-24, Res. multi-family, 24 units/acre
South Single family residence RSF-4, Res. single-family, 4 units/acre
East Single family residence R-0, Res. Office
West Arkansas Missouri Railroad R-O-W R-0, Res. Office
GENERAL PLAN DESIGNATION Mixed Use
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: There are special conditions or circumstances exist which are peculiar to the
K:\Reports\2005\BOA Reports\01-03-05\130A 05-1356(Johnson).doc January 3,2005
Board of Adjustment
BOA 04-1356(Johnson)
Page 3.2