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
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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:
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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
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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
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Board of Adjustment
BOA 09-3247 Fayetteville Depot
Agenda Item 2
Page 11 of 14
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Agenda Item 2
Page 12 of 14
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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
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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.
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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
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FA��AR., 7z703 PROPERT'
UNDS IN EEM.BOX (P) S89'42421E 152.87' LOT NUMf
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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
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os' Nus ROCK & BRICK CORNER C
HOUSE THENCE N
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BEARING 28.85 FEE
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AR. 72755
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00`26 1 b E 0.91, FA�L!4 AR. 72703 ENCROACHMENT
SETBACK I
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41.16P S.
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N89'45'13V 41.16' aso' CONC.
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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
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REAR DRAINAGE EAKMENT ICR0ACmET DETAIL REAR DRAI
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FAYETTEVILI
CLERK AN(
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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
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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
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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
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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