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HomeMy WebLinkAbout2009-04-06 - Agendas 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 hearing 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 Chairman, 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. 2009 Board of Adjustment Members Robert Kohler (Chairman) Sheree Alt William Chesser Robert Nickle Mark Waller Steven Bandy vi 1 aye e e 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,APRIL 6, 2009 at 3:45 p.m. Room 326, City Administration Building The following items will be considered: 1. Approval of the minutes from the March 2, 2009 meeting. New Business: 2. BOA 09-3247(FAYETTEVILLE DEPOT,LLC,484): Submitted by ROBERT SHARP for property located at 550 W. DICKSON STREET. The property is zoned MSC,MAIN STREET CENTER and contains approximately 1.6 acres. The request is to permit parking in the Build-to-Zone on West Ave. and Dickson St. Planner: Andrew Garner 3. BOA 09-3248 (HARVEY/JASPER LANE, 100): Submitted by ALAN REID for property located at 3570 JASPER LANE. The property is zoned RSF-4, SINGLE FAMILY -4 UNITS/ACRE and contains approximately 0.28 acres. The request is for front and side setback variances to bring an existing single family dwelling into compliance. Planner: Dara Sanders 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 for hearing impaired are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330. BOA Meeting of April 6, 2009 EX-3 m m x ARKANSAS THE CITY OF FAYETT€VILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-5267 TO: Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: March 31, 2009 BOA 09-3247 (FAYETTEVILLE DEPOT, LLC, 484): Submitted by ROBERT SHARP for property located at 550 W. DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 1.60 acres. The request is to permit parking in the build-to-Zone on West Ave. and Dickson St. Planner: Andrew Garner BACKGROUND: Background: The property is located at 550 W. Dickson Street, and is,commonly referred to as the Fayetteville Train Depot site or old Frisco Depot. There are two existing structures on the 1.60 acre lot, which is now predominantly used as a pay parking lot for businesses in the downtown area. On July 11, 2005 the Planning Commission-granted approval of the parking lot, with the understanding that the site would.be redeveloped after three years. The Planning Commission was not granting approval of the use, but rather approval of the number of parking spaces, which greatly exceeded-:that permitted by ordinance. Due to the temporary nature of the parking lot, the Planning Commission granted several variances of the landscape code, so that landscaping would not have to be planted interior to the site. The five feet of greenspace along the street right-of-way, as well as trees and shrubs on the exterior of the site were,however, required to be planted. The parking lot was constructed as approved in 2005 and has been in operation since. However, due to economic conditions, the property has not been redeveloped. On February 23, 2009, the owners were granted approval by the Planning Commission to continue using the excess parking spaces with the condition that additional trees and shrubs be planted, that the five feet of greenspace along West and Dickson be expanded to 15 feet, and that the Board of Adjustment review a variance request for the remaining parking within the 25-foot build-to zone along West and Dickson. Request: The applicant is requesting a variance of Chapter 161.21 (H) to allow parking within the build-to zone. The build-to zone includes a depth of 25 feet parallel to the Master Street Plan right-of-way. The applicant is proposing 15 feet of greenspace between the right-of-way line and parking lot,requiring a 10-foot variance. April 6,2009 Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda-Item 2 Page 1 of 14 Variance Request Variance Issue Ordinance Requirement Variance Request Dickson St. build-to zone No parking within 25' 15' (10' variance) West Ave. build-to zone No parking within 25' 15' (10' variance) Surrounding Zoning and Use: Direction from Site Land Use Zonin North, South, East, and West Commercial MSC, Main Street Center Public Comment: Staff has not received any public comment. RECOMMENDATION: Staff recommends approval of the requested variances with the following conditions of approval: 1. The subject variance shall not apply to future development/redevelopment of the site. Any new development shall comply with all zoning and development regulations including build-to zones or setbacks unless otherwise approved. 2. This variance shall be subject to the Conditions of approval from Conditional Use Permit CUP 08-3145 which require the submittal of a full-size landscape plan to staff forreviewprior to construction of the parking lot improvements. Additional Conditions/Comments: ROA MM 41p I- M NT ACTION-. H 1pprovecL d D mcd r iklohon . SEOIfj<.� MM MEM IM HU ,: _ s Date Anri 062fE09 r . � y � ear GENERAL 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: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: April 6,2009 K.IRepor&20091BOA Reports104-06-091130A 09-3247(Depot Parking Lot).doc Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 2 of 14 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 original approval and construction of the parking lot occurred in 2005, when the property was zoned C-3, Central Commercial. This zoning district, which was predominantly used in the downtown area, only required 5' of greenspace to be provided between the right-of-way and the parking lot. The property was rezoned to Main Street Center (MSC) when the City Council approved the Downtown Master Plan in October 2006. The MSC zoning district prohibits parking within the 25' build-to zone. Therefore, the City's action to rezone the properties within the downtown area created the conflict between the existing parking lot and the requirements of the zoning district. Staff finds that this is a special condition,which is peculiar to the land involved. 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: There are several parking lots/spaces located within the build-to zone in the downtown area. This is due to the fact that the lots, like the subject property, were constructed prior to adoption of the Downtown Master Plan. The applicants are currently required to expand the 5' of greenspace along Dickson and West to 151, as part of an approval granted by the Planning Commission. However, requiring the applicant to now remove all parking within the 25' build-to zone would deprive the applicant of rights enjoyed by other properties in the same district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Although, the applicants were granted certain variances from the landscape ordinance, the width of greenspace provided between the parking lot and street right-of-way was provided in accordance with the ordinances at the time of construction. The build-to zone, which prohibits parking within 25' of the right-of-way,was created by the City with the adoption of the Downtown Master Plan. Therefore, the special conditions are not an action of 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 variance will not confer on the applicants any special privileges. The applicants located the parking lot 5' from the right-of-way line, which was in compliance with the ordinances in 2005. April 6,2009. K.Weports120091BOA Reporls104-06-09180.4 09-3247(Depot Parking Lot).doc Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 3 of 14 A change in the zoning of the property, which was initiated by the City created the need for a variance. 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 Monday,April 6,2009. 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: Reasons set forth in the applicant justify the granting of the variances. The requested variance is the minimum variance required by the applicant. 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 1;60-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting the requested variance will, in staff's opinion, be in harmony with the general purpose and intent of zoning regulations. The parking lot was constructed in accordance with the ordinances in 2005, which only required 5' of greenspace. Given that there is no redevelopment proposed at this time, there are no requirements to remove the parking spaces from the build-to zone. The applicant's are only expanding the greenspace to 15' due to the requirements of the conditional use granted by the Planning Commission. C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in April 6,2009 K:IReports12009WOA Reports104-06-091B0A 09-3247(Depot Parking Lot).doc Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 4 of 14 conformity with the zoning regulations. Finding: Staff has recommended conditions of approval for these variance requests listed 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: A parking lot is a permitted use within the Main Street Center zoning district. t April 6,2009 KAReports120091B0A Reports104-06-091BOA 09-3247(Depot Parking Lot).doe Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 5 of 14 161.21 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation.Multi-story buildings in the Center are well-suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding,primarily residential areas. For the purposes of Chapter 96:Noise Control, the Main Street Center district is a commercial zone, (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices,studios and related services - Unit 13 Eating places Unit 14 Hotel,motel,and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations - Unit 25 Professional offices Unit 26 Multi-family dwellings Unit 34 Liquor stores Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit' Unit 3 Public protection and utility facilities Unit 18 Gasoline services stations and drive in restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. April 6,2009 K.Weports120091BOA Reports104-06-091BOA 09-3247(Depot Parking Lot).doc Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 6 of 14 (1) Lot width minimum. Dwelling all unit types) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front The principal fagade of a building shall be built within a build-to zone that is located between the front property line and a line 25 ft. from the front property line. Side,facing street The principal fagade of a building shall be built within a build-to zone that is located between the front property line and a line 25 ft. from the front property line. _ Side internal None Rear,without easement 5 ft.' or alley Rear, from center line of 12 ft: Un easement or alley (F) ,Minimum buildable street frontage. 75%of lot width. (G) Height Regulations.A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 4 stories or 56 feet,whichever is less.A building or a portion of a building that is located 15 feet or greater from the front property line or any master street plan right-of-way line shall have a maximum height of 6 stories or 84 feet,which ever is less. (H) Parking regulations. No parking lots are allowed to be located in the front or side build-to-zone facing a public right of way. April 6,2009 K.IReporis120091BOA Reporod04-06-091BOA 09-3247(Depot Parking Lot).doc Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 7 of 14 March 15, 2009 �■■ R E G I S T E R E D Chairman Bob Mohler ROBERT SHARP,ARCHITECT.wc. 525 SOUTH SCHOOL AVE I STE 220 Board Of Adjustments 113 West Mountain Street EAYETTEVILLE AR PHONE:479-442-0229 Fayetteville,Arkansas FAX:419.442-8721 RE: TRAIN DEPOT PARKING Dear Mr. Chairman, A Variance is requested at our property located at 550 West Dickson. This property has been rezoned to Main Street Center since the Temporary parking lot was completed in 2005. We seek the variances because we feel that this situation meets the following criteria: • Special conditions exist that are peculiar to this project. The property containing the temporary pay parking lot is located in an area of downtown where additional parking is both wanted and needed. The carrot shaped piece of land offers a challenge to lay out a typical conforming parking lot and fronts both West Ave and Dickson Street. The Planning Commission granted a Conditional Use Permit to extend the temporary parking lot requiring additional landscaping and a 15' greenspace with trees and shrubs along both West Ave and Dickson Street. • Literal application of the ordinance would deprive the applicant of rights allowed others. The piece of property has served as downtown parking for decades. The property owner paved and landscaped the existing gravel lot in 2005 while the property was zoned C-2. When this CUP expired and further development of the site had not commenced,the existing parking lot became subject to the newly passed downtown codes and the change in zoning to Main Street Center. It is the owner's intention to completely develop this property and future buildings will be located along the street front within the Build to Zone. All other parking lots in the downtown area were constructed within the C-2 zoning and current have parking within the Build to Zone. • The nonconforming conditions are not the result of this applicant. The existing buildings predate the zoning code and this applicant's purchase of the property. My client purchased the property when it was two abandoned buildings, a gravel parking lot and several abandoned rail cars. All of the improvements made to the parking area and the additional landscaping that will be added in the coming months have been made to improve this property in the interim. Development of this prime property is planned when the economy recovers. Train Depot Parking page 1 Project Number 00001 April 6,2009 Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 8 of 14 • The granting of this variance would not give the applicant a special privilege. The owner wants to continue the use of the temporary parking lot until the complete development of the land can take place. This lot serves a need in the downtown and full compliance with the new downtown zoning codes will be followed when the property is developed. Thank you for your time and consideration on this issue. Sincerely, Kristen Knight Urban Projects Coordinator Robert Sharp Architect, Inc. 525 S. School Ave, Suite 220 Fayetteville,AR 72701 cc: File Train Depot Parking page 2 Project Number 00001 April 6,2009 Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 9 of 14 Variance Request Description-550 W. Dickson Street The property at 550 W. Dickson Street, commonly known as the Fayetteville Train Depot site, consists of 1.6 acres and is utilized as a pay parking lot for downtown businesses. The property includes the 4,600SF historic Depot building recently renovated and a 2,366SF Freight building. Both of these buildings had been previously vacant for a number of years prior to their recent renovation. The Planning Commission granted a Conditional Use Permit for the temporary parking lot in July of 2005. At that time, this property was zoned C-2. This CUP allowed additional parking as well as variances to the landscape requirements. Development of this site, other than the renovation of the existing buildings, did not occur within the allotted three years as intended. Upon expiration of this CUP an extension was requested. On February 23, 2009, the Planning Commission approved a CUP that will continue to allow additional parking on the site and the Landscaping will be brought up to code with additional greenspace, trees and shrubs as shown in the attached diagram. Six of the approved 153 parking spaces will be removed to add a green buffer between the parking lot and the Right of Way. Since the construction of the parking lot in 2005, the property has been re-zoned to Main Street Center which requires a 25' Build to Zone where parking is not allowed. We request a variance that will allow parking in the back 10' of the Build to Zone. April 6,2009 Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 10 of 14 Z f v m7, CZ r yNA M I D O A ti N 03: A mom O O N Z A K fp00 O O yI C O Z� p l M D N A m m z mA N m m N N A I Z m p N N N 2 N QP_ o I X N AO (. f y V t0 N O -Di 3�8�• Mo I O 5' A O A OG A m p m N N M o> N O AIS _ O m m N N m0 •. ••—a.—..—..— b Wily U1 M . I _ -•IO c N m un m Im A no L7 m z RA �• v RM a Z0 z AO ciao y y d a j N ti tv z I �� IM W I a I< Z t=y 1 c z CrJ I Z o m r -3 m $� .. c � oA 1O oc Nm v�I Zrw '•it II m v C7....�... cn 4 e p C1timU _ _ MOM> m zomc i DICKSON STREET = vs�z c c Dm�~ N m M _ O v N v April 6,2009 Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 11 of 14 BOA09-3247 FAYETTEVILLE DEPOT, LLC Close Up View s m \ cee< 7,xt m j SUBJECT PROPERTY kJ •�s UFAYEM ST WAYS E ST I : LAFAYETTE ST �� �SCY� a 5 _ �� l �- WATSON ST I r .a. q s I xw�-u5� e a ay -- _ DICKSON Si N_ -- -JACKSON ST ' k}% DICK50-_` � 3 0. I I IN Overview April 6,2009 o ,�... 0 75 150 300 450 600 Board of Adjustment Feet BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 12 of 14 BOA09-3247 FAYETTEVILLE DEPOT, LLC One Mile View .N VW yx .......... BJECT PROPERTY W oil Overview Legend Boundary -------- Subject Property Planning Area 13OA09-3247 Overlay District Outside City Legend Hillside-Hilltop Oerlay District 0 0.25 0.5 11 April M I.. oard of Adjustment -nvPttPy lip.npn t Agenda Item 2 Page 13 of 14 April 6,2009 Board of Adjustment BOA 09-3247 Fayetteville Depot Agenda Item 2 Page 14 of 14 BOA Meeting of April 06, 2009 Mai Tayve le 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: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Development Services DATE: March 31, 2009 BOA 09-3248 (HARVEY/JASPER LANE, 100): Submitted by ALAN REID for property located at 3570 JASPER LANE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.28 acres. The request is for front and side setback variances to bring an existing single family dwelling into compliance. Planner: Dara Sanders BACKGROUND: Property Description and Background: The subject property is located in the Copper Creek subdivision, northeast of the intersection of Crossover Road and East Zion Road. The property contains a nonconforming single-family structure that was constructed in 2005. The house was constructed approximately 1 foot into the front setback and 1.5 feet into the side setback. Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Undeveloped property RSF-4 South Single-Family Dwelling RSF-4 East Vacant single-family lot RSF-4 West Single-Family Dwelling RSF-4 Proposal: The applicant is requesting a variance from the front setback requirement to allow for a 24' front setback (a 1' variance) and a 6' side setback (a 2' variance), to bring the existing structure into conformance with City code for future potential improvements that may be needed. RECOMMENDATION: Staff recommends approval of BOA 09-3248 for the existing nonconforming structure with the following conditions of approval: April 6,2009 K.lRepons12009WOA Repons104-06-091BOA 09-3248(Hanxy).doc Board of Adjustment BOA 09-3248 Harvey/Jasper Ln Agenda Item 3 Page 1 of 10 1. With the exception of the subject variance, any development or improvements to the property shall comply with all zoning development regulations including building setbacks from the property lines and Master Street Plan right-of-way, height restrictions, and so forth. BOARD OF ADJVSTMENT ACTION: O AjipXaveij' = C}llenied Date: April 06.2008 ,Motion. Second: Vote. Future Land Use Plan/City Plan 2025 Designation: Residential 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: 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: Staff finds the request to bring the existing structure into compliance does not demonstrate sufficient special conditions peculiar to the land; however, staff finds that the existing location of the nonconforming structure is compatible with the surrounding area. Due to the layout of the cul-de-sac and the positions of the adjacent structures, the nonconforming structure does not appear to be out of place. 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 allow for the continued existence of the house as nonconforming, however it severely limits improvements that can be made to the structure. Staff also finds that the applicant's request to allow for a front setback of 24 feet and a side setback of 6 feet is still indicative of the surrounding RSF-4 zoning district. April.6,2009 K:IReportsl20091BOA Reports104-06-091 BOA 09-3248(Harvey).doc Board of Adjustment BOA 09-3248 Harvey/Jasper Ln Agenda Item 3 Page 2 of 10 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The existing nonconforming nature of the house predates 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 variance will allow the single family structure to remain at its current location and be improved as needed. The applicant will not be granted any special privileges other than a front setback variance to bring their nonconforming house into compliance. 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: Existing nonconformities were not 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 Monday,April 06, 2009. 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 variance is the minimum variance necessary to bring the existing house into compliance. April 6,2009 K:IReporls12009WA Reports104-06-091BOA 09-3248(Ha vey).doc Board of Adjustment BOA 09-3248 Harvey/Jasper Ln Agenda Item 3 Page 3 of 10 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 notbe injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Staff finds that granting the requested 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 because the encroachment is not significantly noticeable as evidenced by the site plan included with this report due to the house's location on a cul-de-sac. 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 a condition for this request which is stated on page two 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 property shall be subject to all applicable bulk and area requirements. April 6,2009 K.IRe orts120091BOA Re Board of Adjustment P ports104-06-091BOA 09-3148 piarney).d°c BOA 09-3248 Harvey/Jasper Ln Agenda Item 3 Page 4 of 10 BOA 09-3248 (Harvey) �:� `Subject Property. n s k I v I eta, } �Aei r� 0 sa E¢ n pa �, W April 6,2009 Board of Adjustment BOA 09-3248 Harvey/Jasper Ln Agenda Item 3 Page 5 of 10 Alan Reid & ASSOCIATES PROFESSIONAL LAND. SURVEYORS BOUNDARY TOPO GPS March 16, 2009 City of Fayetteville- Board,of Adjustments 113 W. MountainStreet . Fayetteville,Arkansas 72701 Dear Chairperson„ On behalf of my clients, Scott and Claire Harvey, Vain submitting for your review a request for two variances,associated with theirproperty located at 3570 Jasper Lane,; Fayetteville, Arkansas. The Harveys purchased the property, which included a finished house in 2005, unaware that.any problems existed. In 2008, upon being notified of his job relocation, the property was put on the real estate market and a survey was requested. The survey revealed that a front and side setback violation had occurred during construction, it is the'Harveys wishes to correct those mistakes and bring their property into conformance with the city codes. The side setback violation contains 2.2 square feet and the front setback cont ains 14.1square feet.The Harveys would greatly appreciate any help from this Board in assisting them in resolving these problems. ncere y;: Ian eid rofessionai Land'Surveyor ' Arkansas:Registration 1005,'- -Apnl6�2€009 1'18 5. College Avenue Fayetteville, Arkansas 72701 479 444 8784 1 888 549 87E�0.pars'3£WeI4� 0964 OA0 - 4 Harvey/ riper Ln Agenda Item 3 .,Page 6 of 10 J65-140 JOHN& UF KOO�R 2655 M WNHMEW p,,,, FA��AR., 7z703 PROPERT' UNDS IN EEM.BOX (P) S89'42421E 152.87' LOT NUMf S89'42'42"E 589*45I FAYETTEVI W . 13"E 15287' CLERK k Z. OFFSET — — — — 15' U.E. IX B.S. ED WOOD 15' DREDREFRONT S LOT 9 4 DECK L4. 0.281 ACRES t5 A A PART 0 FAYEFTEVI[ CLERK AN 2-STORY <iry MORE PAF os' Nus ROCK & BRICK CORNER C HOUSE THENCE N #3570 A POINT; 765-22 3-CSO BEARING 28.85 FEE BEARING M C BOXES WER JODK5MPMI,IT UC 1 0 P.O. BOX 5 43 HOUSE WI o S,BS'41'02'E PHIWP&MICHEI,Mpp,,, 12.24' 3548 ASPM I,,E IN, DRIVE v SEE SIDE SPRING AR. 72755 N 6 - 00 4 00`26 1 b E 0.91, FA�L!4 AR. 72703 ENCROACHMENT SETBACK I SBT30'44"E W - THENCE L, 41.16P S. S So W - EASTERLY OO'30*59"W 0.74 Lo 20' WHICH BEI N89'45'13V 41.16' aso' CONC. 5 -5 WASOF SAID F N5754'09V 6.54P I_N • 4 N89'23'47 Y/ C" N89'21'23: (2 .5 1 ft - 1.82 x THE POINT 3.04 N37'05'51'E z rS00`22P36"W 2.4�' S89'41'02"E N Nag I I 1�w 23.26 R/W- L=74.30' N SIDE SET L=1.50' R=50.00' A PART 0 FAYFTTEva R=25.00' CLERK AN JASPER LANE MORE PAP (ASPHALT. 50' R/W) CORNER C THENCE S A POINT; J547 JASPER UNE FEET TO I AREA OF ENCROACHMENT FAY � I ,AR. 72701 FEET AUDI` 34.02 SQ. E, SAID LOT ERHANG DRAINAGE TO A PO E-7ZZ-Z4:7-7 , ,37... LJ L4 �EMENT UNE FEET ATO� L5 SQUARE F P.O.3yU t.�-ENT HE REAR DRAINAGE EAKMENT ICR0ACmET DETAIL REAR DRAI A PART OF FAYETTEVILI CLERK AN( MORE PAR CORNER 0 R-75.00, LINE OF S, 6=17'50'35' 5) FOOT OVERHANG V HAN 4 C LEN-2326' NINE (9), EHOUSE - 81RG=S89'2I'2J"E EASEMENT OF BEGINN L10 POINT; THE THENCE SC Lrr SOUTH BOI P.0,13 �aa-8. ALONG SAII CONTAINING ENCROACHMENT AREA 14.12 So. FT. FRONT aaRACZ� ENCROACHMENT DETAft HOUSE 0.9 LE! It P.O.B. ENCROACHMENT AREA 2.22 So. FT �, e LAK I 310E SETBACK ENCROACHMENT DETAIL April 6,2009 Board of Adjustment BOA 09-3248 Harvey/Jasper Ln Agenda Item 3 Ta-g-e7-or`f[]-� BOA09-3248 HARVEY/ JASPER LANE Close Up View )*\>>"ja\ -) v.vk \�\�\ t\ t.vR ;t:,CX vet��X� t.. \` a\�'+` v to t�.; \z� tv vXl4� x \t ♦\�� v \x \ vv�.\\ti�. '+ \\rk\'?\ ,.\v\ \x �\:.�X ,•x;R11ii{Yl��iy2\�l� x� \}a�s` x\l�R\\\SF9\ � 1 Y � } T t. "\ )5,.� x\E�tt`� \�\t\ *, �., �\`�\ \\ti \ t\��� \ \., tq ..^,affil \ .z \ iv\v,v \ t t v x ♦ \ \\ a+. '.\\ 1 )v, \..l �'•4\1 �\�\`4`\\i�� x *,k '\\`�2 x�\\��\� XV �., > x \'vh a a r t %,� �\�\a..,C \\x,, ` `.kt vy\.a\�,\) " �Y\ tv\\\t'v'2� .. SUBJECT PROPERTY 4 xA r A x 1 A `V U A w v vy` aA\ h iR,�l lVAt x �'Al >AA x \aAaC v A 1 - X ' x` A=AA\\ a a n x � i+•y X iC \ v ` A \Y"Y v� A\ X a \ ✓�, yt tValx sy`� \h \l vX \ x\Cv`v ` � a\t tx �\ c V`Ai 1v - A xvtt hV,ty \ V A v\. A 1, v,A � ,vv 1 a Vv2 til � liV-AvA \ 0�\`VX vvv\ 1 tV }+ C Vv.v rt ` Jt vvl X` A V \VA sUv aXy., xtt v\h) AVl kv s vAV)�AAi\ mil\A;v vv` AvUriv \ it lAAv vA v' ` xC Via vt 1A`� Aub Aix \ ` ' \xwx vy .yAvA x v Av A 1x1V A i3 � x y\ vV '' ♦��i \ t } s a< 2 #tl z` vx x t \hhyxly \Avl. v��\\ \ iVA h\xA\` v b\\ `t} �A. A1V . a l \l4 .. tV \ c h '+ t *., . lvA\1\A u�\��A Overview April 6,2009 oy,.4.... 0 37.5 75 150 225 300 Board of Adjustment Feet BOA 09-3248 Harvey/Jasper Ln Agenda Item 3 Page 8 of 10 BOA09-3248 HARVEY/JASPER LANE One Mile View O j O o 1VEY LN N VE Illl � .njcFANY P LN s OpG AVE o �Ie, NE w 3 w y AV s' v � HA LMOAPK' Ia 3 z a � O . V STON LN = � SUBJECT PROPERTY k LAKERD. RIDGE 0 ,{ e--�--- .�'1"}yS `-M't+..,:Gfio�; »^�.«iv� '�� e<'�&a�" o v S x�b� u�a.�4�s ✓ g C ZION RD a c -leAYLILLYTRL N 4I�� al � D 4 ` � ' n F`�3F�• CRO _ F w CE BLVD . OLDW OPZEpPO GULLEY RD GU EY RD pOW A0.DV Overview Legend Boundary Subject Property it Planning Area ®BOA09-3248 8 Overlay District Outside City Legend Hillside-Hilltop O erlay District 0 0.25 0.5 1 _ April 6,2009 M i l esoard of Adjustment Haiv/Jasper iv/Jaspern Agenda Item 3 Page 9 of 10 April 6,2009 Board of Adjustment BOA 09-3248 Harvey/Jasper Ln Agenda Item 3 Page 10 of 10