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HomeMy WebLinkAbout2008-10-06 - Agendas • ayve eelle 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,OCTOBER 6,2008,at 3:45 p.m. Room 326,City Administration Building The following items will be considered: 1. Approval of the minutes from the September 2,2008 meeting. New Business: 2. BOA 08-3111 (MCCARTY/ROCKCLIFF,450): Submitted by BLEW&ASSOCIATES for property located at 587 N. ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.34 acres. The request is for reduced front and rear setbacks to allow for a new deck and an enclosed porch. Planner: Andrew Garner 3. BOA 08-3112 (MCGOWAN,365): Submitted by BATES &ASSOCIATES for property located at 1754 N. JANICE AVENUE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.36 acres. The request is for a variance from lot area requirements and to bring an existing single family home into compliance. Planner: Dara Sanders 4. BOA 08-3113 (HOGGATT/ARCHER ST., 442): Submitted by HALLEY H. JR. &CANDACE HOGGATT for property located at 2076 W. ARCHER DRIVE. The property is zoned RSF-4, SINGLE FAMILY -4 UNITS/ACRE and contains approximately 0.40 acres. The request is for a front setback variance to bring the existing structure into compliance. Planner: Jesse Fulcher 5. BOA 08-3114 (LOLLEY/HILL AVE., 522): Submitted by MIKEL LOLLEY for property located at 20 SOUTH HILL AVENUE. The property is zoned RMF-40, MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.66 acres. The request is for a reduced side setback to allow for a new two-car garage. Planner: Andrew Garner 6. BOA 08-3115 (DICKSON ST. INN,484): Submitted by YUME RUDZTNSKI for property located at 301 W. DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.13 acres. The request is for variances from the required minimum buildable street frontage and front setback. Planner: Data 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. 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. 2008 Board of Adjustment Members Robert Kohler (Chairman) Sheree Alt William Chesser James Zant Robert Nickle Mark Waller Steven Bandy 7aye I BOA Meeting of October 6, 2008 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: October 1, 2008 BOA 08-3111 (MCCARTY / ROCKCLIFF, 450): Submitted by BLEW & ASSOCIATES for property located at 587 N. ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.34 acres. The request is for reduced front and rear setbacks to allow for a new deck and an enclosed porch. Planner: Andrew Garner BACKGROUND: Property Description and Background: The subject property is located at 587 North Rockcliff Road, part of Lots 1 and 2 of the Hyland Park Subdivision Phase IV. The 0.34- acre property contains a residential structure constructed in 1988. The lot is within the Hillside/Hilltop Overlay District (HHOD) and slopes steeply from the northeast to the southwest. Currently, the residential structure complies with all zoning requirements. There is an existing shed located within the rear building setback. The property is surrounded by single family residential uses all zoned RSF-4. Proposal: As shown in Table 1, the applicant is requesting a 7-foot variance to allow for a new deck in the front setback and a 4-foot variance to allow for an enclosed porch in the rear setback. It is noted that the front setback is also a utility easement, however an easement vacation is not under the authority or review of the Board of Adjustment and would require utility company, Planning Commission, and City Council approval. Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request Front Setback HHOD 15 feet 8' a 7' variance Rear Setback(HHOD) 15 feet 11' a 4' variance RECOMMENDATION: Based on the findings included herein, staff recommends denial of the requested variances for the proposed additions. October 6,2008 -K.IReports120081B0A Reports110.October 600A 08-3111(McCarty).doc Board of Adjustment BOA 08-3111 McCarty/Rockcliff Agenda Item 2 Page 1 of 14 _ ism -: � 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. 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 that the variance requests to allow additions within the front and rear building setbacks do not demonstrate existing special conditions or circumstances which warrant approval. The request for encroachment into the front and rear setbacks is based solely on the desire of the applicant to construct new decks onto the existing house. The lot has been developed and utilized for a 2,204 square foot single- family residence for the past 20 years. Furthermore, the lot is of sufficient width and area to allow for the construction of new decks in compliance with the zoning ordinance. Compliance with the front and rear building setback requirements do not appear to have been considered in the plan and design of the decks. 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 terns of the zoning regulations. Finding: Literal interpretation of zoning regulations related to front and rear building setbacks would not deprive the applicant of rights enjoyed by other properties in the same district. This property has been utilized for single family residence for approximately 20 years and can continue to be enjoyed in its current condition. It is not a right for every single family home in the RSF-4 zoning district to have a deck. However it does appear that there is ample room for such amenity on this lot in conformance with City ordinance. Staff would recommend that the owner modify the location and/or size of the proposed decks October 6,2008 Board of Adjustment KAReportA20081ROA Reports110-October 600A 08-3111(McCarty).doc BOA 08-3111 McCarty/Rockcliff Agenda Item 2 Page 2 of 14 to comply with the setback requirements of the RSF-4 zoning district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The desire to expand the structure into the front and rear building setbacks is an action of the applicant, and not the result of a special condition or circumstance. Staff finds no hardship and has determined that sufficient area exists to the west for a deck that would be in compliance with the bulk and area requirements of the district. The applicant's letter discussed that the deck was needed for safety reasons to prevent people falling down a slope. After a site visit and review of the plan and photos submitted, staff does not find that there is a safety issue on this property that constitutes a hardship. If the applicant is concerned with safety a rail or fence could be built in that vicinity of the yard. 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 front and rear building setback variances would confer special privileges on the applicant. There is not a special condition or circumstance that exists in this case that would be required in order for the applicant to develop or use the property for a single family residence. 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, October 6,2008. October 6,2008 Board of Adjustment K:IReports120081BOA Reports110-October 61BOA 08-3111(McCarryJ.doc BOA 08-3111 McCarty/Rockcliff Agenda Item 2 Page 3 of 14 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 front and rear setback variances are not justified by the reasons set forth in the application. The applicant can still enjoy reasonable use of the lot as developed and utilized for the past 20 years, while complying with the required setbacks. Additionally, there is adequate space for the applicant to construct an addition to the exiting home and still meet all required setbacks. 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 front and rear setback variances would not be in harmony with the general purpose and intent of zoning regulations that discourages creating nonconforming structures. Also see Findings No. 1,2,3, and 3.a. 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: Not applicable. Staff has recommended denial of the requested variances. 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: N/A October 6,2008 K.lReports120081BOAReports110-October 61BOA 08-3111(McCarry).docBoard of Adjustment BOA 08-3111 McCarty/Rockcliff Agenda Item 2 Page 4 of 14 Blew & Associates, Inc_ Civil Engineers Professional Land Surveyors 524 W. Sycamore Street Suite#4 Fayetteville, AR 72703 PH: 479-443-4506 *FAX: 479-582-1883 http://www.blewinc.com Fayetteville Planning Andrew Garner 125 W. Mountain Fayetteville, AR 72701 Mr. Garner, Please accept this letter as a formal request for a variance for Jack and Beth McCarty. Jack and Beth need to improve the safety and livability of their property by building a 16' deck on the front of their home. Due to the severe slope of the land on the side and front of the house the space is unlivable and quite dangerous. On more than one occasion Jack, Beth and family members have come close to injuries after stepping off of the front sidewalk that goes to the front door of their home.Were it not for the shrubs on the inside of the stone retaining wall, someone who fell could easily tumble to the bottom of the slope and roll over the stone wall possibly causing serious injury. If possible, please visit Jack and Beth's property at 587 North Rockcliff Road in Hyland Park subdivision. I believe it will be apparent why a deck added to the front and side of their residence will eliminate the danger posed by such a severe slope. The deck will also add livable and very attractive space to the property. Not only Jack and Beth will benefit but I believe the entire neighborhood will benefit as well from such an improvement. Jack and Beth would be pleased to set a time to have you over so they can personally show you the property. Below are the variances Jack and Beth are respectfully asking for; 1. Jack and Beth request to make the 15' building setback on the front of their property facing North Rockcliff Road an 8'setback. For the same area the McCarty's would like to ask that the 25' Utility Easement is reduce to the same 8' area needed for their deck. (as detailed on the survey provided) 2. Jack and Beth also request that the 15' building setback on the east of their property be reduced to a 12.50' building setback so that they may build an enclosed porch. Thank you for your consideration in this matter. Please call if you have any comments or questions. Sincerely, Michael Sebo .October 6,2008 Board of Adjustment BOA 08-3111 McCarty/Rockcliff Agenda Item 2 Page 5 of 14 C "q x 3 U q Iq O O N x LU Zo E0 b C1 ZQ M NGAN in w w x U Z x x $� see OgSP\\B \ x15856. . JN y- C2- I; c� m9 � � 3G LU n \\rn KNh ^ym U' Co L C 1 m � n �nmm aQ Lu M0) z Nfnz dr rw t v ^ cd3e NOOSS \� m a Z ..! N 17 ? N N n-Js W \ J J J J J J J J \/� \�\ ' s U /� mW ` b5 so�stMc'\oN� ul m } ZQ(920 SUZ WU N, !+ Z Z \z -�. �. 1n. o z— .y r J1 D: /O r Z a Z vi 4 22Sg 3 0F°my X \ 002!Raaa0 300' / \ ` OZLL JaOQZJ \ - .-Z \ \m 3ma0QDa�o Z OoWo� �� ujw~0> QQLLy J3LLj00W w WDOQowt-00W a W \h .' ,�xrc ofe� .g U \ kwC9WNNn aaozznp�a z h b. 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T • ..- . oi• 0 17.5 35 70 105 140 MM"Feet :• �: BOA08-3111 M C CARTY/ROC KC LI F F One Mile View SFdo o . '',.afi `^ i kv oI ti' "".R , "�' R ak ` T{sFdMAOI�➢ryDR I� � o� nF 'x a I �+"' a Z n r o73SP.A hsvall- t� RSF ELDT�'��L�IP�SFA' I NI �� mI C 2 I� i � HIOPpD� V� � I(Ir,��'.;✓�e'�.. RSF-0'a PL .�� MEANDERIN WgV�t � A�� o O t n a, 3 0 1 i SUBJECT PROPERTY , MANOR pR oIMRNDRD ��3����sC�°`�., O � PRIVATE D lu1 V �I O T aK O m dw \ ♦t STARVtEW W rfia4P1 ;r.,, Nor— ���'� MIIRPL GIi mmm mmmrrmmrma AN SR 91 s L r l �] z siea ,R. . Overview Legend Boundary Subject Property ir`g planning Area BOA08-3111 ❑ '000 ooc°Overlay District Outside City Legend Hillside-Hilltop O erlay District 0 0.25 0.5 1 October 6,2 08 MeesBoard of Adjust an BOA 08-3111 McCarty/Roc liff Agenda Ite 2 14 7aye� BOA Meeting of October 6, 2008 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 Current Planning DATE: September 29, 2008 BOA 08-3112 (MCGOWAN, 365): Submitted by BATES & ASSOCIATES for property located at 1754 N. JANICE AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.36 acres. The request is for a variance from lot area requirements and to bring an existing single family home into compliance. Planner: Dara Sanders BACKGROUND: Property Description: The subject property is located at 1754 North Janice Avenue and contains approximately 0.36 acre. The existing single family dwelling, which was constructed in 1941 prior to the City's current zoning and right-of-way dedication requirements, is an existing nonconforming structure. The house, porch, and garage are located within the required 25-foot front setback, and a portion of the garage is located within the Master Street Plan right-of-way. The property is surrounded by single family residential uses all zoned RSF-4. On October 2nd, the applicant will request from the Subdivision Committee for lot split approval to divide the subject property into Lots A and B of 0.22 acres and 0.14 acres, respectively. The proposed Lot B configuration is similar in bulk and area to the RSF-4 and RSF-7 zoning requirements, with proposed setbacks of the RSF-4 zoning district and the proposed lot area exceeding the 6,000 s.f minimum of the RSF-7 zoning district. Typically, staff would recommend that the applicant request to rezone Lot B to RSF-7, Residential Single Family, 7 units/acre. Over the years,the City has received numerous applications for variances of lot width and lot area to create or allow smaller lots than allowed under the RSF-4 zoning district for infill development. Many of these lots are in the 5,000 to 6,000 s.f. range, a historical lot size in Fayetteville. In general when these proposed lots have been a compatible and similar size with the surrounding lots in the neighborhood, staff has recommended, and the Board of Adjustment has approved, such variances. In order to accommodate many of the existing older neighborhoods in the City and to encourage a more traditional development pattern,the City created and adopted the RSF-7 and RSF-8 zoning district regulations, consistent with the typical bulk and area requirements of older neighborhoods in the City. This step provided a preferred means by which an applicant could create 5,000 to 6,000 s.f. lots. Subsequent to the October 6,2008 K:IReportA200800A Reports110-October 600A 08-3112(McGowan).doc Board of Adjustment BOA 08-3112 McGowan Agenda Item 3 Page 1 of 12 adoption of the RSF-7 and RSF-8 regulations, staff has recommended rezoning as the preferred procedure for infill development on single family lots in older neighborhoods, when appropriate, as opposed to the variance procedure. However, due to the unique history of zoning in the neighborhood of the subject property, the City Council has established a policy that zoning is not encouraged in this neighborhood. Staff has followed that directive in recommending the applicant proceed with his request through the variance process. Proposal: As shown in Table 1, the applicant requests a 13-foot variance for the existing house, a 22-foot variance for the existing porch, and a 0-foot setback for the existing garage. The applicant also requests a 1,862 s.f. variance from the minimum lot area requirements of the RSF-4 zoning district for the creation of Lot B. Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Reguest Front setback house 25 feet 12 feet a 13-foot variance Front setback(porch) 25 feet 3 feet a 22-foot variance Front setback arae 25 feet 0 feet a 25-foot variance Lot area (Lot B) 8,000 square feet 6,138 feet a 1,862 s.f.variance Public Comment: Staff has not received public comment. CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area—encouraging traditional neighborhood development. RECOMMENDATION: Based on the findings included herein, staff recommends approval of the requested front setback variances for the existing structure, subject to the conditions of approval listed below. Staff recommends approval of the requested lot area variance for proposed Lot B, subject to the conditions of approval listed below. This recommendation is based on the findings herein and the City Council policy decision referenced earlier in this report, to discourage rezonings in this neighborhood, but to encourage infill and revitalization of this neighborhood through the variance process. 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 properly lines and Master Street Plan right-of-way,height restrictions, and so forth. 2. Should the Planning Commission deny the lot split request, lot area variance approval for Lot B shall be considered null and void. October 6,2008 K:IReports120081BOA Reporls110-October 600A 08-3112(MCGalvatl).doc Board of Adjustment BOA 08-3112 McGowan Agenda Item 3 Page 2 of 12 : 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. 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 that are peculiar to the structure, related to the front setback requirement adjacent to Deane Street for the existing structure. The structure,constructed in 1941, predates the City's current zoning regulations and right-of-way dedication requirements. While the house was constructed approximately 42 feet north of the curb, the Master Street Plan designates Deane Street a Minor Arterial and requires a minimum of 42.5 feet of right-of-way from centerline. As a result, the required 25-foot front setback has been relocated and creates the zoning violation. Special conditions do not exist that are peculiar to the parcel, related to lot area for the proposed Lot B. The parent tract is a rectangle approximately 83 feet x 190 feet. This is not an unusual lot size or shape, though it is much larger than the minimum requirements of the RSF-4 zoning district. There are many lots in this neighborhood of a similar size and configuration as thesubjectproperty; there are also several lots in the neighborhood that contain less than 8,000 square feet. City Council has made a policy decision that encourages the variance procedure as opposed to a rezoning procedure,a special exception to the RSF-4 zoning regulations in this neighborhood to allow for infill and revitalization. The requested variances and recommended conditions on this property would allow infill and revitalization of this property consistent with adopted City policies of encouraging appropriate infill. 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 October 6,2008 K:IReports120081B0A Reports110-October 61BOA 08-3112(McGow n).doc Board of Adjustment BOA 08-3112 McGowan Agenda Item 3 Page 3 of 12 regulations. Finding: Literal interpretation of RSF-4 zoning regulations related to front setback requirements for the existing would deprive the applicant of rights enjoyed by other properties in the same district, such as maintenance to and expansion of the existing structure. Literal interpretation of RSF-4 zoning regulations related to the minimum lot area requirement for Lot B would not deprive the applicant of rights commonly enjoyed by other properties in the same district. In its current configuration, the property may continue to be utilized for one single family residence on a conforming lot, similar to the other properties in this neighborhood. The applicant proposes one variance in order to create two lots in the RSF-4 zoning district. The lot configuration proposed would comply with the RSF-4 zoning district 70' lot width minimum and the RSF-7 zoning district 6,000' lot area minimum. Staff would typically recommend that the applicant apply for a rezoning of the property to RSF-7 to allow for the proposed lot split meeting zoning regulations. Staff finds that the variances proposed would in essence change the zoning of the property to RSF-7; however, the City Council has recently denied a nearby rezoning request for RSF- 8 at 1141 Hendrix. This policy decision and discussion at the City Council level discourages rezoning requests in this neighborhood and encourages infill and revitalization through the Board of Adjustment variance process. The requested variances would lead to creation of two lots that are compatible with the surrounding neighborhood 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The nonconforming status of the existing structure does not result from the actions of the applicant, as the house was constructed prior to the City's current zoning regulations and Master Street Plan right-of-way requirements. The condition requiring the lot area variance is the applicant's desire to split the property into two lots, one conforming lot and one non- conforming lot. This condition is a direct result of the applicant's actions to construct two individual single family homes on the property. 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 front setback variances for the existing structure will not confer special privileges on this applicant. Granting the requested lot area variance for proposed Lot B will not confer special privileges on this applicant, in terms of land use, lot area, October 6,2008 - KlReports120081BOA Reports110-October 61BOA 08-3112(McGowan).doc Board of Adjustment BOA 08-3112 McGowan Agenda Item 3 Page 4 of 12 setbacks or criteria requested therein. Two dwellings could be permitted on this property in a number of different ways. However,the Fayetteville Unified Development Code defines a variance as a "...relaxation of the terms of Zoning..."The proposed lot are variance is more than the typical relaxation of the underlying zoning and constitutes a substantial change in the RSF-4 zoning regulations on this property, in essence creating one RSF-4 lot and one RSF-7 lot, in terms of lot area only. However, due to the recent City Council policy decision regarding the RSF-8 rezoning request at 1141 Hendrix, an RSF-7 zoning is not recommended. The variance procedure has been encouraged by the City Council as the preferred method for infill and revitalization of this neighborhood,and is recommended as an exception to the RSF-4 zoning ordinance, as opposed to a rezoning application. 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, October 6,2008. 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 south front setback variances are the minimum variances needed in order for the applicant to make reasonable use of and to maintain the existing structure. The applicant can still enjoy reasonable use of the lot as developed and utilized for the past 20 years,while complying with the required lot area. However, staff finds that the request is justified as an exception based on City Council policy. However, staff finds that the lot area variance request is the minimum October 6,2008 KlReports12008WOA ReportsV0-Octoher 6WOA 08-3112(McGowon).doc Board of Adjustment BOA 08-3112 McGowan Agenda Item 3 Page 5 of 12 variance needed in order to create an orderly lot configuration and to encourage infill and revitalization consistent with City Council policy. Staff has reviewed the different possible lot configurations that would decrease the nonconformity and the necessary lot area variance request and finds that the proposed rectangular configuration meets the intent of the Unified Development Code to create logical and traditional town form. 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 front variance would be in harmony with the general purpose and intent of zoning regulations to bring the existing structure into compliance. Also see Findings No. 1, 2, 3, and 3.a. Staff finds that the proposal would not be injurious to the neighborhood and adjacent property owners. The applicant intends to construct one additional single-family structure on the subject property,which is compatible with the surrounding single-family land use. Staff also finds that the lot area request meets several of the goals established by City Plan 2025 as adopted by the City Council,specifically Goal 1. The applicant's request to divide the subject property into two tracts complies with Goal 1, to make appropriate infill and revitalization our highest priorities. Staff finds that the request will result in the creation of another residential lot,subsequently increasing the residential density, adjacent to a Minor Arterial (Deane Street) and in close proximity to nonresidential services. 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 of approval on page 2. 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: N/A October 6,2008 K.IReports120081BOA Reports110-October 61BOA 08-3112(McGowan).doc Board of Adjustment BOA 08-3112 McGowan Agenda Item 3 Page 6 of 12 I I F 1 $m O T � S 00°01'54"E z w S 00°01'54"E 82.84' I z.a o: 0! I I ! 2y i 61 I m+ WO C v !uo a I r Io F Q t2 'R<$' I e i O I i�aw i a i j I o j i I LOU : I U i a p e O 1 © SOUTH t _to 82.4P _. 13AVND Zwj I.. W o + U o t s'ssB J . T N w I i e 9DV11VD F ¢ ID h I ,OL'4Z S O � m •!`� I PATIO w _ 0- i f' DECK I a 1 1 ¢ IO ! 0- i.]I 57.71' W } ® i . _ 1 35HOH I �• 1 .16 EZ ,6L'fE. 12.03' : 1 .1 f'Zll ® I S ! 7 1 N iLL N � Qm__EfS'H,SZ_w .'J � '�.2 OZ� `I 'S'd'N A0'06 z u� ' --'------ --- .EL'l9 HdHON 1 I H,.00.00o00N NIM A NOUVDO'i 2JA 31XOTlddtl ! o S , DAds NOLLV3013dVViD(0'iddtl ---------------------------------------- i2 _____ C U ^o m o 1z o Co o0 zrra u>� y No ^_ "S z o i $o uopooeg �4 �^ .`io�nuv. yyea z�sec rpiRy za�R� Lao ffi�dsse 3Eo'=� o� ' .z Caw x ao�' ,pm=a Y.e'ou� �o d ay October 6,2008 da a�yu 0Pz' om'`FIr� `zaz zza^ z Board of Adjustment BOA 08-3112 McGowan N Agenda Item 3 Page 7 of 12 ----- ------ ^ ' � September 12, 20U8 � The City ofFayetteville | Attn: Chair of the Board of Adjustment � 125VVMountain Fayetteville,AIR 7Z7O1 } � Dear chairperson, � Please find the following criteria required bvordinance. � a. There are nospecial conditions orcircumstances that are peculiar. � ` b. I'm deprived the right to split my lot,while others in the same district can split theirs. � c. Due to the placement of the existing home, I'm unable to have enough area to split the lot. Also � due to the city having the right of way on Deane street I lose even more area to work with on � / the lot split. Without the right of way, I would have 7,427sqft for the lot. d. Granting request wouldn't give any special privilege because others do enjoy splitting their lots. Thanks for your time John McGowan ' ' October 6,u0o8 � Board of BOA oo' 11uMcGowan Agenda Item 3 Page om1u � September 12, Z008 � The City ofFayetteville Attn: Chair ofthe Board uf&diustnnent , � l2SVVMountain Fayetteville,AIR 727O1 ' Dear chairperson, � Please find the following criteria required bvordinance. \' a. This home was built prior to the current regulations and is built too close to Deane Street. � b. I'm deprived ufupdating ormaintaining the home. C. Hardship isnot aresult ofn"yactions. � � d. Granting this request wouldn't give any special privilege. ! Thanks for your time, John McGowan � � � � � � � � � October 6,u0o8 Board of Adjustment BOA oo' 11uMcGowan , Agenda Item Page om1u ~ Bates Associates , inc. Civil Engineering & Surveying 3561 N. College/Fayetteville, AR 72703 PH:479-142-9350'FAX:479-521-9350 Planning Staff: Our client, Mr. McGowan, is proposing a Lot Split and variance within the City of Fayetteville. The subject property is located at 1754 N. Janice Ave. and contains approximately 0.36 total acres. Our client would like to split off the existing home from the rest of the lot and build a new single family dwelling on the vacant lot. The tracts created will be 0.22 acres and 0.14 acres respectively. A variance will be required for the lot area and also to bring the existing non-conforming house into compliance. Right of way dedication in the amount of 42.5'will be the main factor for requesting the variance for the new lot and existing structure. If you have any questions please feel free to contact us. SinceWy, 4 Derrick Thomas PLS October 6,2008 Board of Adjustment BOA 08-3112 McGowan Agenda Item 3 Page 10 of 12 BOA08-3112 M C G O WA N Close Up View vA A v A v vA VAV AVA t'V vA. Av A\V Av v . V � v RMF-2 e vRAyx \ RIFI t i SUBJECT PROPERTY — i x s xa v av \ a ! --�DEHNE ST \ A \ a \ \ 1 \ \ g O n Vv Overview AR--a-- " ® October 6,2008 0 37.5 75 150 225 300 Board of Adjustment Feet BOA 08-3112 McGowan Agenda Item 3 BOA08-3112 M C G OWAN One Mile View `RSF1 x\Y 1e �,' ^; O }• / � i� i;5' t ,Afl y j � � v til c s � � N � "%r !uf a '� ✓coq �"� .,a$ ,4° Xr.✓ �, tm s xt" ss. x s�."� s:`�a,•„s iy�''.� ,,,��m�v�=a'1.0 - k � v� wrr.: Y 5t �✓�f JA C'rr ''x4�Y +� � �"` R '`y� O:'k? � i' �, ,.�fy'+'. "^v 41 l_ -0 C$� M` "i. J s w5�."y,"'�`'c'„✓���w,`I°�`�%�5` ��3�'d �a, o `�"��a A -'�' `Y � �� / � SUBJECT PROPERTY � � '�� "�""� ���h �$�"�'`"^•'ra�r�s�'r���i��` �,'a`v_.,r'v:,.��` � asF<� 1�1 a Eun sr rc zI '1 A SJ '"'a p} J16F.�6ti R pBRAIR➢R 11 L >S L91R 2D ,eY� y YV � �li �+t11 R3Fd RS RS fi� 6F !.� y` k J zi RSF-0 MA%W@LLP v. i v p. ", ey tAWSON SI q RSFiy� � 1 CgW50N ST. �s ¢ RSFA / � � RISRbi \ RSFA HOLLV STV I JRSF-0�)o*. �'C60AR�T � ,, I � � vyS _yn ARA OR S�i, c �- � k � tl.a^ SFA�� JcLv.�a RSP VISE-4 iKE.v�C1�N`4 va y c s aEpRY � ia/ —/ � _" IADAMS STA SRI ) , g90. eERRV STi owl �� RBF Fy-1iv .q StSF>��'43l . J ti Y Y , . ,$RSF-0SIlMAPkj"1y=` R h i D1 TSIis' ?2 JAI \+�,\ \ LORE1�0I6 m ) SF-01 R5F3 RSF-01�'J,> ��L40�IItSa I x SF3Rs �a�'r .,SrMAPLESf I �� \< MARLE MTPJ P PJy Va L,...% .2:SC C.wNRAf Overview Legend Boundary "'_" Subject Property �� Planning Area ❑ ®BOA08-3112 a Overlay District _ Outside City Legend Hillside-Hilltop O erlay District 0 0.25 0.5 1 _ October 6,tt 2 08 MIIeS B 083112AMcGo an 3 Page 12 of 12