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Home My WebLink About2005-07-05 - Agendas Tj 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 TUESDAY,July 5,2005,3:45 p.m. Room 326,City Administration Building The following items will be considered: Approval of Minutes from the 06/06/2005 meeting. New Business: 1. BOA 05-1498(MASSEY WATERS,LLC,446):Submitted by EARL WATERS for property located at 249 E CLEBURN STREET. The property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.45 acres. Therequestisforalotwidtbof66'(a4' variance.) Planner: ANDREW GARNER 2. BOA 05-1583(BOYER,447): Submitted by MARK BOYER for property located at 1004 E REBECCA STREET. The property is zoned RSF- 4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.40 acres. The requirement is for a 25'from setback.The request is for an 18' front setback(a 7'variance.) Planner: JESSE FULCHER 3. BOA 05-1584(MILLSAP CENTER PARKING LOT,212): Submitted by JERRY KELSO forproperty located at 438&516 MILLSAP ROAD. 'Hic property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.00 acres. The requirement is for a 15'green space buffer. The request is for a variance of the required 15'of green space buffer to allow for 3'of green space. Planner: SUZANNE MORGAN 4. BOA 05-1585(BRICKMAN,485): Submitted by PAUL BRICKMAN for property located at 171 E MEADOW STREET. The property is zoned RMF-24,MULTIFAMILY-24 UNITS/ACRE and contains approximately 0.06 acres. The requirement is for 25'front and rear setbacks- 'Me request is for reduced front and rear setbacks to allow new porches to be constructed. Planner: JESSE FULCHER 5. BOA 05-1586(WHITE/WINKELMAN,523):Submitted by BRETT PARK for property located at 216 W SOUTH STREET. The property is zoned R-0,RESIDENTIAL OFFICE and contains approximately 0.18 acres. The requirement is for a 30'front setback. The request is foran 18' setback(a 12'vatiance.) Planner:SUZANNE MORGAN 6. BOA 05-1587(JOHNSON,522):Submitted by TOM &RITA JOHNSON for property located at 303 S GREGG AVENUE. The property is zoned R-0,RESIDENTIAL OFFICE and contains approximately 0.14 acres. The requirement is for a 50'front setback.The request is for a 42'front setback(an 8'vatiance.) Planner: ANDREW GARNER 7. BOA 05-1589(MATTINGLY,411):Submitted by ASHLEY&BO MATTINGLY for property located at 1667 N STARDUST LANE. The property is zoned RMF-24,MULTI FAMILY-24 UNFFS/ACRE and contains approximately 0.00 acres. The requirement is 8'side setbacks.The request is for a 2'SB on the west side(a 6'variance)and a 4'SB on the south side of the property(a 4'variance.) Planner: ANDREW GARNER 8. BOA 05-1592(HARP,446):Submitted by RICHARD DAVID HARP forproperty located at 510 E PROSPECT STREET- The property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.52 acres. The request is to allow a reduced side setback to bring an existing nam-conforrining lot into compliance. Planner: ANDREW GARNER 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 are invited to review the petitions. Inteipieters or TDD for hearing impaired are available for all public hearings;72 hour notice is required. For Further information or to request an interpreter,please call 575-8330. t � A 9 -1 j TP BOA Meeting of July 5,2005 L WILL— V lt� 125 W. Mountain St. ARKANSAS Fayetteville,AR 72701 Telephone: (479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Andrew Garner, Sr. Planner THRU� Jeremy Pate, Current Planning Director DATE: June 23, 2005 BOA 05-1498(MASSEY-WATERS,446): Submitted by GEOMATIC CONSULTANTS,INC for property located at 249 CLEBURN. The property is zoned RSF-4, Single Family-4 units/acre and contains approximately 0.45 acres. The requirement is for a 70'lot width. The request is to allow a 63.42'lot width(a 6.58'variance)to accommodate a non-conforming lot as a result of a proposed lot split,to allow a 6' side setback(a 2' variance)on the existing nonconforming single family dwelling, and to allow a 0' side setback (an 8' variance) on the existing nonconforming accessory structure. Owner: EARL WATERS Planner: ANDREW GARNER RECOMMENDATION: Staff recommends approval of the requested 6.58' lot width variance, a 2' side setback variance, and a 0' side setback variance as shown on the attached site plan with the following condition(s): 1. One additional single family home may be permitted on the new undeveloped lot. Any development shall comply with all zoning development regulations. 2. A building permit shall be obtained prior to commencement of any construction. 3. All existing structures, easements and utilities shall be located on the site plan submitted for building permit consideration. 4. A lot split to create the subject tracts shall be approved by the City of Fayetteville and recorded at the County prior to issuance of a building permit. Additional Conditions/Comments: W-_'T '0 BOA A M- STME knied-- 'PlurpT J ...........�_ 'Pot -july-5,�2005 The"CONDITIONS OF APPROVAL171,listeld in this report are accepted hf total without exception by the entity reque sting approval of this variance. July ,BOA Repons!07-05 0100A - ()�a�q-tYaters,,LLQ.d�e 0514 5,2)05 cut nA A� ,,&rd of Ad!ustu r �rs) Page 1.1 BACKGROUND: Property description: The subject property is located approximately 200 meters east of College Avenue on Cleburn Street in central Fayetteville. The property lies within the RSF-4 zoning district. The owner proposes that the 0.45-acre lot be split into lots of 0.22 and 0.23 acres (Lots A and B, respectively). The proposed Lot A does not have the required lot width of 70'. Lot B contains a single family dwelling and detached accessory structure that do not have the required side setbacks. Proposal: As depicted in Table 1,the applicant is requesting: (1)a 6.58' variance for a total 63.42' frontage for a single family lot (proposed Lot A), rather than the 70' required in the RSF-4 zoning district to bring the proposed lot into conformity; (2) a 2' variance for a total of 6' side setback for the existing single family dwelling; and (3) an 8' variance for a total of 0' side setback for the existing detached accessory structure to bring the existing nonconforming lot into conformity. Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request 63.42' (a 6.58' Lot Width 70' variance) Side Setback (single family dwelling) 81 6' (a 2' variance) Side Setback(detached accessory structure) 81 0' (an 8' variance) SURROUNDING LAND USE AND ZONING: Direction from Land Use Zoning Site North Single family residences RSF-4, Single-Family Residential - 4 units/acre South Single family residences RSF-4, Single-Family Residential - 4 units/acre East Single family residences RSF-4, Single-Family Residential - 4 units/acre I West Single family residences RSF-4, Single-Family Residential - 4 units/acre GENERAL PLAN DESIGNATION: Residential KlReportAWORBOA ReportsI07-05-05BOA 05-1498(Massey-Waters,LLQ.doc July 5,2005 Board of Adjustment BOA 05-1498(Massey-Waters) Page 1.2 FINDINGS: City of Fayetteville Unified Development Code Section 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: Special conditions do exist for this property that are not applicable to other lands in the same district. The subject property is a relatively large lot for the neighborhood and RSF-4 district(0.45 acre), and the applicant desires to split the lot. However due to the existing lot being created and developed for single family use prior to the adoption of the current zoning regulations, it was not planned to be split in conformance with lot width requirements, and the side setbacks for the existing single family dwelling and accessory structure are not in conformance. 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 creation of the new proposed Lot A. However,the width of Lot A(63.42 feet)is consistent with the size of most lots on the street and in the surrounding neighborhood. The adjacent lot to the east is approximately 50'wide,the adjacent lot to the west is approximately 90'wide,the adjacent lot to the south is approximately 58'wide, and three lots immediately north of the site on the other side of Cleburn Street are all approximately 60' wide. Creating a new 63' wide single family lot, as desired by the applicant, will not result in an adverse change in community character or aesthetic streetscape of the neighborhood. Any development on the proposed Lot A will conform to all required setbacks within the RSF-4 zoning district. Granting a variance for the existing nonconforming side setbacks of the single family home and accessory structure on the new Lot B is an administrative item to bring the lot into conformance. K.TeportsU005W0A ReporuIO7 05 051BOA 05-1498(M�sey-Waters,LLQ.doc July 5,2005 Board of Adjustment BOA 05-1498(Massey-Waters) Page 1.3 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The original lot size is not the result of actions of the applicant. This lot was created without compliance to the RSF-4 zoning district prior to 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. Finding: Granting the requested lot width variance will not confer special privileges. The property is zoned for single family use, and has been utilized for this purpose for many years. The applicant will not be granted any special privileges denied to other lands in the same district. All bulk and area regulations with the exception of lot width are to be accommodated with the new proposed lot. The variance to allow the existing nonconforming side setbacks is an administrative item and is not a special privilege granted to the applicant. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures,orbuildings in other districts shall be considered grounds forthe issuance of a variance. Finding: No other nonconformities were considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public bearing shall be held. Finding: A public hearing is scheduled for Tuesday,July 5,2005. K.�Reports1200500,4 RevortsI07-05-051ROA 05-1498(Massey-Waters,LLQ.doc July 5,2005 Board of Adjustment BOA 05-1498(Massey-Waters) Page 1.4 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: The requested lot width and side setback variances are the minimum variances necessary to accommodate the proposed lot and existing structures. 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 a single family residence, a use permitted by right in the RSF-4 zoning districts. K*lReports120051BOA ReportsIO7-05-0500A 05-1498(Massey-Waters,LLQ.doc July 5,2005 Board of Adjustment BOA 05-1498(Massey-Waters) Page 1.5 City of 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. (13) Uses. (1) Permitted uses. IF------F_ Umt I City-wide uses by right Unit 8 Single-family dwelling (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 Unit 9 Two-family dwellings Unit 24 Horne occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-famil dwellings dwellings Lot minimum 70 ft� 80 ft. width Lot area minimum 8,000 sq.ft. 12,000 sq.ft. Land area per 8,000 sq.ft. 6,000 sq. ft. dwelling unit (E) Setback requirements. Front Side Rear 25 ft. 8 ft. 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. K,Reports120051BOA RepomI07-05-0500A 05-1498(M�sey-Waters,LLQ.doc July 5,2005 Board of Adjustment BOA 05-1498(Massey-Waters) Page 1.6 ------------------- -------------------------�,M�v IS M0771M U. -11 R 2�vmos---—-- 0 bil 0 O;D nm lb 1c; w I to to O� Id -70ASY'40VAWd 00ag �w M., 0 0 LLJ CL — 1 1:3 OC) r') IL � CN PAvEMLENT U) -7 -14- 1%1 63,30l t2 ri it 0 0 Uj L) V) U Z CL F- -'r CN co lip 95MA4 I-MNd U)n M.*Z,ZOLZOS moo July 5,2005 .Board of Adjustment BOA 05-1498(Massey-Waters) Page 1.7 30d OOS-1 Z9t,18pZ6LD, s;ue1TnSuOO 3T1pwO9Lj-WOHq JZ�Zj SO,-ZZ-ZO 0 w LU < > Ln U) z LU Zt D LU U) R R�' I X) �: - - U < 0 < 1 Ou - UO RUH 0 HN 0 N-, -wit - EM 0 LL 0 L9 LU 0 %0� 1< Ln 0 U 0.� I i F2— LU _J U IS410771M 11 OD 2 00" list 6—-- kx'�.OLMS ."67& ' p 63.30' M.90.0g.gos WO -00 0 0.- M.,tUOZOS -'0§ -0 .....�Z.ZUOS 80 �,H go 0�. ZMI ?<- in H� Y�P ly 5,2005 a I of Adjustment L 8 Massey-Waters) qA Page 1.8 BOA05-1498 ; MASSEY WATERS, LLC One Mile View RisF� RM-24 -2� rz� T 3F, J, gt� �crrE -7-3 �qp R�4' P-1 RSF4 1-t P� RMF;241� R$ N RA �F RSF �Jg �2 R� RA s �T R F4 SUBJECT PROPERTY WSW 6FL2�'F1'," J y— g�w _mMr t 'q p7i I cr��// - I ,- " 'FIRF RSF4.- RSF4 F40 tt��M"' Z_J �14MF-2 It 'It I L X ;F4 L RMF40 'Jt-t.- Rs�JV R �R J R S 'K F, RS54! s� :T -HWF� F4 3T FIT 1" �R'S_ 1, - 1I R$ SF4 _JR��IF4D 621 E5 P RMP-24 m 7WI—I -as C2i 9i F c RSF sFF, A_o �Y' RSF4- I Y4 RsF4-1� i "a' viroia* , r - I , I I f - I I _ low"" j*j,_j Pi M ts_,t AROIt Is p& �'46 hMF 2k R&-24 A-11V-7"; RtF4 P-; AW RK, MR� Rp 0,31 c_4�t-06- 1_'t__liMF-2 7Rkf-Z4:-- at T I,RMF' 01 3�11 7, M 24- R 2 1-fit- P.1 ED RW-24 F-24 R" _: �i t R Overview Legend Boundary Master Street Plan ------ -- ------I Subject Property Planning Area Master Street Plan BOA05-1498 —Freeay/Express.y Overlay District —PrincipalArterial Outside City —MinorArteral — Collector 6 0 Historic Collector July 5,2005 Board of Adjustment 0 0.1250.25 0.5 0.75 A 5-1498(Massey-Waters) giles Page 1.9 BOA05-1498 Fp V Close Up View MASSEY WATERS , LLC L lffl'� I U A Pi R.0 ggpR MRUN ._6A SUBJ' CT PROPERTY :-2 L LESUR C-2 TZ DR —PROSPECTST PROSPECTST PROSPlf�:FRT--=—, _ PROSPECf_ J� > 0 C.2 eff 51�11� RSF.4 V LIM[ OF L Overview Legend �O�eday!)Jsbict SM0011 PnndpalAdeilal FLOODWA) �YEAR ME BOA05-1498 MasWr&reetPlan aaaaaaaMinorAnenal _ 100Y�R LIMIT OF STUDY MasWr Stmt Plan C.Ilemr Basel-ine Pmfle F..Y1�P.w.Y 6.00 Fayetteville F loutaide,4u][Y592005 ---- - ---�_ Board of Adjustment BOA 0 -1498(Massey-Waters) 1—: 0 75 150 300 450 600 Page 1.10 BOA Meeting of July 5, 2005 T2v'--VTe7e-V-1fl-,1e 125 W. Mountain St. f ARKAtZAS J Fayetteville,AR 72701 TelepbMe:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: June 28, 2005 BOA 05-1583(Boyer,447): Submitted by BRET PARK for property located at 1004 E.Rebecca St. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.40 acres. The requirement is for a 25-foot front building setback. The request is for a 24'8"front setback(a 4"variance)to bring the existing nonconforming structure in to comformity and an 18' front setback (a 7' variance) to allow for the construction of a front porch. Property Owner: MARK BOYER Planner: JESSE FULCHER RECOMMENDATION: Staff recommends approval of the requested 4" front setback variance for the existing structure with the following conditions: 1. Any development or expansion of the existing structure shall meet the required building setbacks. Staff recommends denial of the requested 7' front setback variance for the proposed addition. Additional Conditions/Comments: A'Mb'T"10' ........ ........... ------ ---- ------------ ---------- --------- ...... .............. ------------ --—---------- "------- The��CQNDITIONS OFAPPROVAL"listed in this report are accented-in total without clecetation "e entity requesting atipfoval of this variance. Name: Date: July 5,2005 Board of Adjustment BOA 05-1583(Boyer) Page 2.1 BACKGROUND: Property description: The subject property is located south of Rockwood Trl. and west of Sequoyah St. The property lies within the RSF-4 zoning district. Currently,there is an existing 2,351 square- foot single-family home that was constructed in 1965. The existing home on the lot does not meet the required 25' front setback from the rigbt-of-way. The home was permitted with a 25' setback in 1965, although the overhang is encroaching into the required setback by 4". Proposal: As shown in Table 1,the applicant is requesting a 4"variance for a total of 24'8"of front setback from the rigbt-of-way to bring the existing structure into compliance and a 7' variance for a total of 18' of front setback from the right-of-way to allow for the addition of a front porch. Table 1 Variance Request Variance Issue Ordinance Requirement t's Request 25' 24'8" (a 4"variance) Front Setback 25' 18' (a 7' variance) SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning from Site North Residential RSF-4, Residential Single Family South Residential RSF-4, Residential Single Family East Residential RSF-4, Residential Single Family West Residential RSF-4, Residential Single Family GENERAL PLAN DESIGNATION: Residential K.-�Reports120051BOA ReporisW 05 05180A 05-1583(Boyer).doc July 5,2005 Board of Adjustment BOA 05-1583(Boyer) Page 2.2 FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS Certain variances of the zoning regulations may be applied for as follows: A. General Regulation s/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 home was permitted in 1965 with a 25' front setback, but either the home was constructed closer to the ROW than permitted, or the overhang was not addressed during the application process. Therefore,special conditions do exist in regards to the requested 4"variance. The subject and surrounding properties require a 25' setback by zoning ordinance. No special conditions or circumstances exist,which are peculiar to the land, structure, or building involved which are not applicable to surrounding properties and buildings in the same district. 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 deprive the applicant of rights that are commonly enjoyed by other properties in the same district. As a nonconforming structure, the owner is restricted to the amount of alterations, expansions and repairs that would be allowed under Chapter 164.12 of the Unified Development Code. The zoning regulations will not deprive the applicant of rights commonly enjoyed by other surrounding properties. All structures in the RSF-4 zoning district are required to meet a 25' front setback. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The request for the 4"variance is not a result of the current owners,but rather a result of the original builder and/or applicant in 1965. The request for a 7' variance is a result of the applicant's proposal tojad -1583(Boyer).doc Board of Adjustment K.�Reports12005BOA ReporisI07-05-051BOA 05 MY4,1005 BOA 05-1583(Boyer) Page 2.3 porch to the front of the existing structure. 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 4" front building setback variance will not confer special privileges. The existing structure was built within the required setback in 1965. Granting the requested 7' front building setback variance will confer special privileges to the applicant that are denied by Zoning and would require a variance request from other properties within the same 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. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Tuesday,July 5,2005. 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 that will make possible the reasonable use of the land,building, or structure. Finding: The requested 4" building setback variance is the minimum variance necessary to bring the nonconforming structure into compliance. The requested 7' front setback variance is the minimum variance necessary to allow the construction of the proposed front porch. July 5,2005 K.�Reporty�2005WOA Repor�107-05-05WOA 05-1583(Boyer).doc Board of Adjustment BOA 05-1583(Boyer) Page 2.4 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: Approving the 4"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. Granting the 7'variance will grant special privileges to this property not commonly enjoyed by the 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 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 anyuse expressly orby implication prohibited by the terms of the zoning regulations in said district. Finding: N/A July 5,2005 Board of Adjustment BOA 05-1583(Boyer) K.-�Reports120051BOA Reports W 05-05 BOA 05-1583(Boyer)-doe Page 2.5 161.07 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. Unit 1 1 City-wide uses by right Unit 8 1 Single-family dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit24 Home occupations Unit36 Wireless communications facilities (C) Density. I Single family 3mily dwell-Q, wollif m dT,, in Units per acre 1 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft- Lot area minimum 8,000 sq.ft- 12,000 sq.ft. Land area per 8,000 sq.ft. 6,000 sq.ft. (E) Setback requirements. Front Side Rear 25 ft. 1 8ft 20 ft. (F) Height.None. (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,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Old.No.4178,8-31-99) July 5,2005 Board of Adjustment BOA 05-1583(Boyer) K.iRepore;L70051ROA Reports107-05-05WA 05-1583(Boyer).doc Page 2.6 10 June 2005 Mr. Michael Andrews Chair, Board of Adjustments 113 West Mountain Street Fayetteville, AR 72701 Dear Mr. Andrews, We, Mark and Lynne Boyer, owners of the property at 1004 E. Rebecca, request a variance for the front setback requirement on this property. Specifically, we request a 7' variance to the front (south) setback resulting in an 18' setback instead of 25'. We feel that this request meets the following criteria: a) Special conditions exists: The structure was built in 1964, well before the zoning ordinance. The 25' setback requirement is excessive for this dead-end street. The steepness of the natural grade of the lot required that the house be built in its current location. The front overhang currently encroaches on the setback. Other houses on this street are in violation of this setback. b) Literal interpretation of the provisions of this ordinance would deprive the applic-ants of the ability to add a front porch, thereby improving the front facade of the house (see attached elevations). The fight to build with a similar variance was granted to the neighbor to the east of this property. c) This situation is not the result of actions of the property owner. The placement of the house and the setback requirements currently preclude our adding a front porch. These conditions are not the result of our actions. d) Granting this variance will not grant this property special privilege denied to others. The properties along this block of Rebecca are similar in placement to this one, and this property is consistent with the character of its neighbors. Our request does not exceed similar non-conformities that are typical in older neighborhoods of Fayetteville. Th k for your consideration, W � Y . Mark and Lynne Boyer July 5,2005 Board of Adjustment BOA 05-1583(Boyer) Page 2.7 10 June 2005 WRITTEN DESCRIPTIPN Mark and Lynne Boyer, owners of the property at 1004 E. Rebecca, Fayetteville, AR, request a 7' variance for the front (south) setback requirement on their property. The existing structure was built in 1964. The house currently has 2351 square feet of heated area. It is the applicants' desire to build a 98 square foot porch addition to the front of the existing structure, thereby improving the front facade of the house. The proposed addition will encroach into the 25' setback by 7'. July 5,2005 Board of Adjustment BOA 05-1583(Boyer) Page 2.8 qw 'U"M �uP va:, I al 41� w 3" Li pow 'Pt f, ANY SEA' OWNS DPI ILL ............ WZ M 'A vi Exhibit"A" LOTS 6 AND 7,BLOCK 4,MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE ARKANSAS,AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERIC,AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,ARKANSAS,ALSO,ALL THAT PORTION OF THE EAST HALF(E/12)OF REED STREET WHICH IS ADJACENT TO AND PARALLEL WITH THE WEST BOUNDARY OF SAID LOTS 6 AND 7, SAID STREET HAVING BEEN VACATED BY THE CITY OF FAYETTEVILLE,ARKANSAS,IN ORDINANCE 1308, RECORDED IN LAND RECORDED BOOK 574 AT PAGE 221 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,ARKANSA& July 5,2005 Board of Adjustment BOA 05-1583(Boyer) Page 2.12 U1 on _,,S.-IN 0 SVback ki ilit- - - - - -�11 117 7- zaso"e tit AC m 4-� 01 174 Uk IT 0 01 --------------------- 42'-10! m > m rn ?a x m � 6, 1 0 i r m 0 in Iq z M IT w rn - - - - - - - - - - r z L -L - - - - - - - - - - - -tt - - - - - - - e�5et�iJ- 5'5ile 5etbac* NOO*04'58"Yl 110.11' 07,111 A FRONT PORCH DESIGN FOR BOYER RESIDENCE 1004 E. REBECCA STREET FAYETTEVILLE,AR 72701 July 5,2 Board of Adjustm u, BRET PARK COMPA"Y*-INJI�uo Oil er) P-O� BOXFAYETTEVILLE.AR727Q& .13 TEL(479)527-6465 FAX(479)527-6415 M > x rn r FRONT PORCH DESIGN FOR 30YER RESIDENCE )04 E. REBECCA STREET AYETTEVILLE,AR 72701 July 5,2005 Board of Adjustment BRET PARK COMPANY, INC. BOA 05-1583(Boyer) P.O. BOX FAYETTEVILLE,AR 72702 Page 2.14 TEL(479)527-6466 FAX(479)627-641S > r rn A FRONT PORCH DESIGN FOR BOYER RESIDENCE 1004 E. REBECCA STREET FAYETTEVILLE,AR 72701 July 5,200 Board of me t BRET PARK COM b5 e P.0,BOX FAYETTEVILLE�AR;7 TEL(479)S27-6465 FAX(479)52 BOA05-1583 Close Up View BOYER OOD� 10 'ACKSONR 7 SUBJECT PR PERTY T ED Eau 4,r RE AST--,' goo SIG "A VA Legend OvedayDisOd �PdncipalAdedal --FLOODWAY —�Y�R MtcrStnmApj2n �MmorArtenal __ 100Y�R ---LIMITOFSTUDY SaseLineP�Ie Mmterft"tpIan ColleUor F..YJE�m..ay....HistodeCallector C��I�qXqopolle Board Mfi�nt '(toly'c'r) ..... 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