HomeMy WebLinkAbout2006-03-06 - Agendas ev
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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,March 6,2006 at 3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of minutes from February 6,2006 meetings.
Old Business:
1. BOA 06-1919(WRMC,211/212): Submitted by USI-ARKANSAS,INC.for property located at 3215 N.NORTH
HILLS BLVD. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 52.03 acres. The request is
for a reduced setback from 577'to 30' (a 277'variance)in an R-O zoning district. Planner: SUZANNE MORGAN
2. BOA 06-1900(NEWELL,322): Submitted by JACK NEWELL for property located at 4185 MOSSY ROCK IN
CLABBER CREEK S/D. The property is zoned RSF4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately
0.25 acres. The request is for a variance from the required 25'front"setback for a 15.1'setback(a 9.9'variance.)
Planner:ANDREW GARNER
New Business:
3. BOA 06-1967(GYSIN,563): Submitted by UNITED BUILT HOMES for property located at 799 S.WASHINGTON
AVENUE. The property is zoned RMF-24,RESIDENTIAL MULTI-FAMILY—24 UNITS PER ACRES and contains
approximately 0.15 acres. The request is a variance from the lot width requirement of 60' to 50'. (a 10' variance)in order
accommodate a proposed single family dwelling.
Property Owner: William&Carla Gysin Planner: SUZANNE MORGAN
4. BOA 06-1965 (HILLCREST VILLAGE, LLC, 291): Submitted by HILLCREST VILLAGE, LLC for property located
at LOT IA EMERALD SUBDIVISION, AT THE NORTHERN END OF THE EMERALD DRIVE CUL-DE-SAC. The
property is zoned.R-O, RESIDENTIAL-OFFICE and contains approximately 0.33 acres. The request is for a reduced side
setback to allow a proposed townhome to be constructed. Planner:ANDREW GARNER
5. BOA 06-1966 (ALLEN, 445): Submitted by Sandra Allen for property located at 9 W. DAVIDSON- The property is
zoned RSF-4, RESIDENTIAL SINGLE-FAMILY - 4 UNITS PER ACRE and contains approximately 0.16 acres. The
applicant is requesting a reduced side and rear setback to permit the replacement of an existing non-conforming single car
garage. In addition to the applicants request,staff has determined that the lot does not meet the 8,000 sq.ft.lot area minimum
required in the RSF-4 zoning district,nor does the existing house meet the required rear setback. Therefore a variance should
be requested and reviewed with this variance proposal for the existing home and lot width. Planner: JESSE FULCHER
6. BOA 06-1969 (MCCLUNG, 446): Submitted by Jason and Anna McClung for property located at 830 N. WILLOW.
The property is zoned RSF-4, Residential Single-Family — 4 units per acres and contains approximately 0.24 acres. The
request is for a variance of the required side setbacks to allow for an expansion to the existing non-conforming structure and a
variance from the requirement of a 70'lot width to a 66' lot width(a 4' variance.) Planner: JESSE FULCHER
7. BOA 06-1968 (HANDCRAFT CONSTRUCTION,607): Submitted by HANDCRAFT CONSTRUCTION for property
located at 2031 CHERRY HILLS DRIVE. The property is zoned RSF-4, SINGLE FAMILY 4 UNITS/ACRE and contains
approximately 0.29 acres. The requirement is for a 25'from setback. The request is for a 24'front setback to accommodate an
8" encroachment Planner: ANDREW GARNER
8. BOA 06-1970: (STEGERIKISER, 293): Submitted by SCOTTIE STEGER for property located at 2320 COUNTRY
WAY The property is zoned RSF-4,RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE. The requirement is for a
20' rear and 8' side setbacks. The request is for a 2' side setback(6' variance)and a 15' rear setback(a 5'variance)to bring
an existing non-conforming accessory structure into compliance. Planner: SUZANNE MORGAN
9. BOA 06-1991: BOARD OF ADJUSTMENT BYLAWS: Submitted by Staff for the adoption of updated bylaws
governing the Board of Adjustment.
10. Election of new Board of Adjustment Chairperson.
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 fm hearing impaired are available for all public
hearings;72 hour notice is required. For fartherinfonnation 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.
2005 Board of Adjustment Members
Sherrie Alt
Michael Andrews (Chairman)
Michael Green
Robert Kohler
Bob Nickle
Eric Johnson
Karen McSpadden
BOA Meeting of March 06 2006
aye
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: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: February 27, 2006
BOA 06-1919 (WRMC, 211/212): Submitted by USI-ARKANSAS, INC. for property
located at 3215 N. NORTH HILLS BLVD. The property is zoned R-O, RESIDENTIAL
OFFICE and contains approximately 52.03 acres. The request is for a reduced setback
from 577"to 30' (a 277" variance) in an R-O zoning district.
Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends denial of the requested front setback variance of 27' 7" based on
the findings herein.
Additional Conditions/Comments:
BOARD OPAAUW:STMEN'T AC7 XP „ , O-Approved. O. !emed
24
Date:Maxeli 06.2006'.%-.Motion, , _ `Second Vote
BACKGROUND:
This item was tabled at the February 06, 2006 Board of Adjustment meeting at the
request of the applicant. The request has not varied since the February meeting.
Property description: The subject property contains 52.03 acres, delineated by Appleby
Road to the south, Futurall Road to the north and North Hills Boulevard to the south.
The property is zoned R-0 and developed for Washington Regional Medical Center, a
conditional use within the R-O zoning district. A portion of the property is located within
the Design Overlay District. The applicant has received approval of a large scale
development to add an additional floor to the hospital consisting of 60 bedrooms and
approximately 23,200 square feet of medical office space. To expand existing structures,
add additional medical offices and increase the parking on this property, the applicant
submitted and received approval of a conditional use permit by the Planning
Commission. The conditions of approval grant a one-year time frame during which the
March 6,2006
Board of Adjustment
BOA 06-1919(WRMC)
Agenda Item 1
Page 1 of 12
applicant may request large scale development approval for the additions to the hospital
complex, after which another conditional use permit is required for further expansion.
Proposal: As shown in Table 1, the request is for a variance of the front building setback
adjacent to Appleby Road for a proposed Administrative Services Building. The R-O
zoning district allows a structure to be constructed 30' from the right-of-way line if
parking is not provided between the structure and the road. Within the R-O zoning
district, any building which exceeds the height of 20 feet shall be set back with any
boundary line of any Residential Single-Family (RSF) or Residential Multi-Family
(RMF) District an additional distance of one foot for each foot of height in excess of 20
feet. The proposed structure will be 47' 7" at its tallest height adjacent to Appleby Road,
which is adjacent to a neighborhood within the Residential Single-Family Four Units per
Acre (RSF-4) and Residential Two and Three Family (RT-12) zoning districts. Based on
the height of the structure, the front building setback is 57' 7" (30' + [47' 7"—20']).
Table 1
Variance Request
Variance Ordinance Setback/Height Applicant's Variance
Issue Requirement Setback/Height Request Request
Front Setbackht 30' setback/47' 7"
(Appleby Rd) 30' setback/20' height height 27' 7" setback
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
from Site
North I-540 and Single Family Residential RSF-4 and C-2
South Single and Two-family Residential RSF-4, RMF-24 and RT-12
East Medical Offices R-O
West Vacant (formerly a Manufactured Home Park) C-1
GENERAL PLAN DESIGNATION: Office
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.
March 6,2006
K:Teports1200600A Reports103-06-0600A 06-1919(WRMC).doc Board6-1 f Adjustment
BOAA06-1919(WRMC) _
Agenda Item 1
Page 2 of 12
Finding: Special conditions do not exist for this property related to the front
building setback. This property contains 52 acres and is largely
undeveloped. The placement of the structures on the property can be
adjusted according to the requirements of the setback regulations in
this zoning district which are no more restrictive than the C-2 or P-1
zoning district, in which a hospital is a permitted use. The proposed
site plan submitted by the applicant is not binding and can be altered.
Furthermore, the height restrictions in the R-O zoning district are
only applicable adjacent to RSF and RMF zoning districts. Only a
portion of the Administrative Services Building is adjacent to the
RSF-4 zoning district. As the majority of the property is adjacent to
the RT-12 and R-O zoning district, the applicant could shift the
building approximately 200' to the east and build at the proposed
height.
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 related to the front
building setback would not deprive the applicant of rights enjoyed by
other properties in the same district or surrounding area. The
enforcement of any required setback on this property does not create
a hardship on further development as there is ample area in which to
expand the hospital. Additionally, all surrounding developments
within the R-O zoning district are required to comply with the same
restrictions.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The requested variance is a result of the applicant's preferred layout
of the structures on this site. The 52-acre site provides ample area on
which additional structures can be built while meeting all
requirements of the R-O zoning district. Staff recommends that the
applicant either relocate the structure on the site or redesign the
building in order to comply with the law.
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 building setback variance would confer
special privileges on the applicant. There is not a special condition or
March 6,2006 -
Board of Adjustment
K.IReports12006180A Repor�s103-0606160A O6-1919(WRMC).doc BOA 06-1919(WRMC)
Agenda Item 1
Page 3 of 12
circumstance that exists in this case that would be required for a
variance of the front building setback compared to other lots in the
Residential Office zoning district in a similar condition. Additionally,
based on the survey of the 52-acre property submitted by the
applicant, there is ample space to reconfigure the location of this
structure.
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: Neither existing nonconformities, nor other nonconformities were
considered as a basis of the findings stated in this staff report. Staff
recommends denial of the requested variance to avoid creating
nonconformities that are not justified by hardship on the property.
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, March 06,2006.
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 setback variance is not justified by the reasons set
forth in the application. The applicant can make use of the property
while complying with the required setbacks. That the applicant
would like to build the structure close to Appleby Road does not
justify the violation of setback regulations.
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.
March 6,2006
K.'Weporrs120061BOA Repo,is103-06-061BOA 06-1919(WRMC).docBoard of Adjustment
BOA 06-1919(WRMC)
Agenda Item 1
Page 4 of 12 —
Finding: Granting the front setback variance would not be in harmony with
the general purpose and intent of zoning regulations that discourages
creating nonconforming structures.
C. Conditions and Safeguards. In granting any variance, the Board
of Adjustment may prescribe appropriate conditions and
safeguards in conformity with the zoning regulations.
Finding: Staff has recommended denial of the requested variance.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under
Zoning in the district involved, or any use expressly or by
implication prohibited by the terms of the zoning regulations in
said district.
Finding: The proposed use is for an additional building to the existing hospital
complex, which is a conditional use within the R-O zoning district.
On January 23, 2006, the Planning Commission granted a conditional
use permit to allow several additions to the hospital complex,
including a 64,068 square foot Administration Services Building.
March 6,2006
K:IRepor1s121A161BOA Reporls103-06-06180A 06-7979(WRA9C).doc Board of Adjustment
BOA 06-1919(WRMC)
Agenda Item 1
Page 5 of 12
City of Fayetteville Unified Three or more 1 6,000 sq.ft.
Development Code Fraternity or Sorority I 1 acre
(3) Land area per dwelling unit-
161.15 District R-O,Residential Office _
Manufactured home 3,000 sq.ft.
(A) Purpose. The Residential-Office District is Townhouses &
designed primarily to provide area for apartments: 1,000 sq.ft.No bedroom 1,000 sq.ft.
offices without limitation to the nature or One bedroom 1,200 sq.ft.
size of the office, together with community Two or more
facilities, restaurants and compatible bedrooms
residential uses. Fraternity or Sorority 500 sq.ft.per resident
(B) Uses. (D) Density.
(I) Permitted uses. Units per acre 4 to 24
Unit 1 City-wide uses by right
Unit 5 Government facilities (E) Setback regulations.
Unit 6 Sin le-familydwellings
Unit 9 Two-familydwellings
Unit 12 Offices,studios and related services Front 30 ft.
Unit 25 Professional offices Front,if parking is allowed between 50 ft.
the right-of-way and the building
Side 10 ft.
Side,when contiguous to a residential 15 ft.
(2) Conditional uses. district
[Unit
nit 2 City-wide uses by conditional use Rear,without easement or alley 25 ft.
permit
nit 3 Public protection and utilityfacilities Rear,from center line of public alley 10 ft.
nit 4 Cultural and recreational facilities
nit 11 Manufactured home ark (F) Height regulations. There shall be no
nit 13 Ealing laces
nit24 Home occupations maximum height limits in R-O Districts,
26 Multi-famil dwellin s provided, however, that any building
nit 36 Wireless communications facilities which exceeds the height of 20 feet shall
be set back with any boundary line of any
RSF or RMF District an additional
(C) Bulk and area regulations. distance of one foot for each foot of height
in excess of 20 feet.
(Per dwelling unit for residential structures)
(1) Lot width minimum. (G) Building area. On any lot,the area occupied
by all buildings shall not exceed 60%of the
Manufactured home park 100 ft. total area of such lot.
Lot within a manufactured home 50 ft.
ark
Single-family 60 ft.
Two-family 60 ft.
Three or more 90 R
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq.R
ark
Townhouses:
Development 10,000 sq.R
Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 6,500 sq.ft.
March 6,2006
K. Board of Adjustment
IReportslZ006IBOA Reports103-O6-061BOA 06-1919(WRMC).doc BOA 06-1919(WRMC)
Agenda Item 1
Page 6 of 12
161.17 District C-2,Thoroughfare 161.22 District P-1,Institutional
Commercial
(A) Purpose. The Institutional District is
(A) Purpose. The Thoroughfare Commercial designed to protect and facilitate use of
District is designed especially to encourage property owned by larger public institutions
the functional grouping of these commercial and church related organizations.
enterprises catering primarily to highway
travelers. (B) Uses.
(B) Uses. (1) Permitted uses.
(1) Permitted uses. Unit 1 Cit -wide uses by right
Unit 1 City-wide uses-by—right Unit 4 Cultural and recreational facilities
Unit 4 Cultural and recreational facilities
Unit 12 Offices,studios and related services (2) Conditional uses.
Unit 13 Eating places
Unit 14 Hotel,motel,and amusement facilities
Unit 15 Neighborhood shopping goods Unit 2 City-wide uses b conditional use permit
Unit 16 Shoppinggoods Unit 3 Public protection and utilityfacilities
Unit 17 Trades and services Unit 26 Multi-familydwellings :::J
Unit 18 Gasoline service stations 8 drive-in Unit 36 Wireless communications facilities
restaurants _
Unit 19 Commercial recreation,small sites (C) Density. None.
Unit 20 Commercial recreation,large sites
Unit 25 Professional offices (D) Bulk and area regulations. None.
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor store El�
(E) Setback regulations.
(2) Conditional uses_ j
Unit 2 City-wide uses by conditional use permit Front 30 ft.
Unit 3 Public protection and utility facilities Front, if parking is allowed between the 50 ft.
Unit 21 Warehousing and wholesale right-of-wayand the building
Unit 28 Center for collecting recyclable materials Side 20 ft.
Unit 32 Sexuall oriented business Side, when contiguous to a residential 25 ft.
Unit35 Outdoor music establishments district
Unit 36 Wireless communications facilities Rear 25 ft.
Rear,from center line of public alley 10 ft.
(C) Density. None. ,
(F) Height regulations. There shall be no
(D) Bulk and area regulations. None. maximum height limits in P-I Districts,
provided, however, that any building which
(E) Setback regulations. exceeds the height of 20 feet shall be set
Front 50 ft. back from any boundary line of any
Side None residential district a distance of one foot for
Side, when contiguous to a residential 15 ft. each foot of height in excess of 20 feet.
district
Rear 20 ft. (G) Building area. On any lot the area occupied
by all buildings shall not exceed 60 %of the
(F) Height regulations. In District C-2 any total area of such lot.
building which exceeds the height of 20 feet
shall be set back from any boundary line of
any residential district a distance of one foot
for each foot of height in excess of 20 feet.
No building shall exceed six stories or 75
feet in height.
(G) Building area. On any lot,the area occupied
by all buildings shall not exceed 60% of the
total area of such lot.
March 6,2006
Board of Adjustment
K:IReports11006180A Reports103-06-061BOA 06-1919(WRMC).doc BOA 06-1919(WRMC)
Agenda Item 1
Page 7 of 12
USI -ARKANSAS, INC.
�y CONSULTING ENGINEERS
January 27, 2006
Mr. Mike Andrews, Chairman
Board of Adjustment
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: WRMC Medical Office Building
Variance for Building Setback(Revised)
USI Job No. 0609001
Dear Mr. Andrews:
Regarding the above referenced project, we are applying for a Variance in the
Building Setback in an R-O zone. We have made application for a Large Scale
Development to build an Administrative Services Building, an addition to the Emergency
Services area, a Fifth floor bed tower, a three story parking garage, and a Senior Center
on the Washington Regional Medical Center(WRMC) Campus. This variance is for the
Administrative Services Building to be located along Appleby Road.
The Administrative Services Building is designed to be set back 30 feet from
Appleby Road. The building will be 47' 7" feet high on the west end and 32' 7"feet high
on the east end. Some of the building will be constructed underground with two levels
above ground on the east end and three levels above ground on the west end. An R-O
zone requires a 30-foot setback if no parking is between the building and the setback line.
We request that WRMC be allowed a variance to build the building on the set back line
adjacent to the right of way of Appleby Road. The building will be a three-story building
with 64,000 square feet.
We have previously sent the following items to complete this application:
1. The$25 application fee
2. Legal description of the property on the plat [? CE \/C D
3. This letter of explanation of the request V L
4. Two sets of typed property owner mailing labels JAN
_.
5. A plat showing the adjacent property owners JAN 3 0 i?^j
6. A site plan drawn to scale on the plat
7. The following 4 criteria are addressed as required by ordi nce.01-5' ` F RA'�k>r r I
-
Research- Planning-Engineering- Management
4847 Kaylee Ave. - Suite B -Springdale,Arkansas 72762 March 6,2006
Telephone: (479)872-7115 - Fax: (479)872-7118 Board of Adjustment
E-mail BOA 06-1919(WRMC)Springdale@usieng.com Agenda Item 1
Page 8 of 12
Mr.Mike Andrews
City of Fayetteville
December 27, 2005
Page 2 of 2
a. WRMC needs to build an administrative building as close to the
Hospital and the Campus as possible. The health and medical needs of
the public will be better served in a safe environment as a result.
b. Due to the needs of the Hospital, a multi-story setting is necessary to
provide better service and management to the Campus.
c. The applicant(WRMC)desires to build a three-story building close to
Appleby Road, and the elevations are such that a variance is needed.
d. We do not believe that granting this variance will confer on the
applicant(WRMC) any special privilege by ordinance.
If you have any questions,or require any additional information, please contact us
at your convenience.
Sincerely,
USI-Arkansas, Inc.
Jerry Holloway, P.E.
Project Engineer
JH:ls
cc: Kyle McCann, Senior Vice-President,COO, WRMC
Danny Babin, Senior Vice-President, HKS
Tim Solohubow, Vice-President, HKS
Thad Kelley, III, Vice-President,Cromwell
Charles Penix, President, Cromwell
March 6,2006
Board of Adjustment
BOA 06-1919(WRMC)
Agenda Item 1
Page 9 of 12
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Outside City
------- Legend
0 0.128.25 0.5 0.75 1 Marcb 006
Board of Adjust ent
HeS BOA 06-1919(WR C)
m1
Page 12 of 12
:? T BOA Meeting of March 6,2006
x
tt 01
2 l -W 125 W. Mountain St.
q ARKANSAS
s Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: J rmap� February 23. 2006
BOA 06-1900 (NEWELL, 322): Submitted by JACK NEWELL for property located at 4185
MOSSY ROCK IN CLABBER CREEK SUBDIVISION. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNITS/ACRE and contains approximately 0.25 acres. The request is for a variance
from the required 25' front setback for a 15.1' setback (a 9.9'variance.)
Property Owner: PMS, LLC Planner:Andrew Gamer
RECOMMENDATION:
Staff recommends approval of the requested front setback variance as shown on the attached
drawing with the following conditions:
1. Future alterations or additions to the existing structure shall meet required building
setback regulations, unless otherwise approved by the Board of Adjustments.
Furthermore, alterations or additions shall not further encroach into the utility
easement without first vacating all or part of said easement.
2. All required permits shall be granted prior to any construction or repair of the
existing structures.
Additional Conditions/Comments:
The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the
entity requesting approval of this variance.
Name: Date:
K.IRepo),8110061 BOA Reporls103-06-0600A 06-1900(Neweill).doc
March 6,2006
Board of Adjustment
BOA 06-1900(Newell)
Agenda Item 2
Page 1 of 14
BOARD OF`ADJUSTNtBMT-ACTION; 17 Approved Q Denied Q I abled
Date: March 64.20,06
BACKGROUND:
Background This item was heard at the January 9 2006 Fayetteville Board ofAdjustment meetin&
The requested variance was denied unanimously. At that meeting adjacent neijhbors expressed
opposition to the variance stating the recently constructed nonconforming structure does not
conform to the streetscape and that the building setbacks are noticeably different than surrounding
propertv. At the February 6 2006 the Board ofAdjustment discussed this item at the end of the
meeting a motion was made and passed to reconsider this item at the March 6. 2006 meeting.
Property Description: The subject property is in the process of being developed and is located at
4185 Mossy Rock Drive (Lot 11 in the Clabber Creek Subdivision) and zoned Residential Single
Family Four Units Per Acre (RSF-4). The property is entirely surrounded by single family
residences in the Clabber Creek Subdivision and zoned RSF-4. The one-story brick house was
permitted in February 2005 with a 25' front setback and 20' utility easement off of the Mossy Rock
Drive right-of-way. A survey completed prior to completing construction of the house revealed that
the structure was constructed over the setback/utility easement lines. The applicant's request states
that the concrete company that laid out the location of the structure measured from the curb and not
from the property pins.
Proposal: The applicant requests a variance from the front setback requirement of 25' for the
purpose of bringing a nonconforming structure into compliance. The northeast corner of the house
and concrete porch near the northwest corner of the house currently encroach into the front setback
9.9' as shown on Table 1. In addition, the northern portion of the house and porch encroach
approximately 4' into a utility easement. It should be noted that the utility easement would be
required to be vacated where it is currently being encroached,in order to make this a legal property.
A utility easement vacation must be approved by all the utility companies and City Water and Sewer,
and ultimately approved by the Fayetteville City Council and is not under the authority of the
Fayetteville Board of Adjustment.
Table 1
Variance Request
Variance Issue Ordinance Requirement Existing Setback Variance Request
Front Setback(north) 25' 15.1' 9.9'
Request: The request is for a front setback of 15.5' (a 9.5` variance).
GENERAL PLAN DESIGNATION: Residential
K.Sepw ts12006WA Reports103-06-0600A 06-1900(Newell/).doc
March 6,2006
Board of Adjustment
BOA 06-1900(Newell)
Agenda Item 2
Page 2 of 14 '..
SECTION 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: Special conditions do exist for this property. The builder at the time of
construction was aware of the setback requirements and the signed building
permit;however a mistake was made in locating the home and subsequently the
home encroaches into the building setbacks.
The approved building permit site plan specifies a 25' building setback along
the north property line and is attached to this report. Staff does not support
building new structures in building setbacks and violating a signed building
permit as occurred with this project. However, due to the house being almost
totally completed,and due to the precedent for the City recommending approval
in these instances, staff is recommending approval of the requested variance.
Should the variance not be granted,the northeast portion of the house and front
porch would need to be removed out of the 25' setback.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations
would deprive the applicant of rights commonly enjoyed by other properties in the
same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would deprive the applicant of
rights that are commonly enjoyed by other properties in the same district. If the
variance is not granted, the current owner will have difficulty selling the
property,because the owner must disclose the findings of the provided survey.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: Special conditions or circumstances are the result of the actions of applicant
miscalculating the setback distance during construction. The site plan
submitted for a building permit shows the location of the home meeting all
setback requirements.
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.
K:IRepojts120061ROA Repons103-06-06DOA 06-1900(NeweU).doc -
March 6,2006
Board of Adjustment
BOA 06-1900(Newell)
Agenda Item 2
Page 3 of 14
Finding: Granting the requested front setback variances may confer special privileges on
the applicant as other structures in the RSF-4 zoning district and this immediate
neighborhood are required to conform to building setbacks.
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.
L Bulk and Area.
Applications for variances of bulk and area requirements shalt be considered by
and maybe approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for January 9, 2006.
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 setback variances are the minimum variances necessary to
accommodate the existing structure on the subject property.
b. Harmony with General Purpose. The Board of Adjustment shall further
make a finding that the granting of the variance will be in harmony with the
general purpose and intent of Zoning, Chapters 160-165, and will not be
injurious to the neighborhood,or otherwise detrimental to the public welfare.
Finding: Granting the variance will not be in harmony with the general purpose and
intent of zoning regulations. However staff does not find that it will cause a
substantial adverse impact on the character of the neighborhood. The
construction of this house in the front setback would result in a relatively slight
change in the Moss Rock Drive streetscape.
C. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
K:IRepor r12006W,4 Repor(sI03-06-0600A 06-1900(Newe((O.doc
March 6,2006
Board of Adjustment
BOA 06-1900(Newell)
Agenda Item 2
Page 4 of 14
conformity with the zoning regulations.
Finding: Staff has recommended conditions for this request which are stated on page one
of this report.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under Zoning
in the district involved, or any use expressly or by implication prohibited
by the terms of the zoning regulations in said district.
Finding: The use is permitted in the zoning district.
K.IReports1200600A ReportsW-06-06WA 06-1900(NeweID).doc -
March 6,2006
-Board of Adjustment
BOA 06-1900(Newell)
Agenda Item 2
Page 5 of 14
Fayetteville Unified Development Code Section 161.07
District Rsf-4,Residential Single-Family—Four Units Per Acre
(A) Purpose. The RST-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments,as well as to protect existing development of these types.
(B) Uses.
(1) Permitted uses.
Unit 1 Ci -wide uses by right
11 Unita 1 Single-family dwelling
(2) Conditional uses.
Unit 2 City-wide uses b conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit9 Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density. - '..
Single-family Two-family
dwellings dwellings
Units er acre 4 or less 7 or less
(D) Bulk and area regulations.
Single-family Two-family
dwellings dwellings
Lot minimum width 70 ft. 80 ft.
Lot area minimum 8,000 sq.ft. 12,000 sq.ft.
Land area per 8,000 sq.ft. 6,000 sq.ft
dwellin unit
(E) Setback requirements.
Front Side Rear
25 ft. 811t. 20 ft.
(F) Height. None.
(G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot.
(Code 1991,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99)
K:IReports1200600A Reports103-06-06IBOA 06-1900(Newelit-doc
March 6,2006
Board of Adjustment
BOA 06-1900(Newell)
Agenda Item 2
Page 6 of 14
City of Fayetteville
Planning Division
125 W. Mountain St.
Fayetteville, AR 72701
In re: 4185 Mossy Rock, Fayetteville, AR 72704, Parcel 9 765-23467-000
Dear Sirs:
Applicant hereby requests that the City of Fayetteville issue a variance in the setback
requirements for the above-named property in the amount of 9.9 feet on the north side of
the newly constructed home located on said property, which consists of 2500 square feet
of slab space. There is an attached two-car garage and a driveway leading thereto which
is 16.7 feet long.
If you have any questions on the above, please do not hesitate to contact Jake Newell at
479-225-3997
Sincerely,
Jake Newell
March 6,2006
Board of Adjustment
BOA 06-1900(Newell)
Agenda Item 2
Page 7 of 14
City of Fayetteville
Planning Division
125 W. Mountain St.
Fayetteville, AR 72701
7
In re: 4185 Mossy Rock, Fayetteville, AR 72704, Parcel# 765-2346k-000
Dear Sirs:
Applicant hereby requests that the City of Fayetteville issue a variance in the setback
requirements for the above-named property in the amount of 9.5 feet on the north side of
the newly constructed home located on said property, which consists of 2500 square feet
of slab space. There is an attached two-car garage and a driveway leading thereto which
is 16.7 feet long.
Applicant is requesting said variance because the home is nearing completion and it
would be a significant hardship on the builder, owner, and future purchaser of said
property to move the structure to make it comply with existing setback requirements for
the property.
Literal interpretation of the current setback requirements on said property would deprive
the applicant of rights commonly enjoyed by other properties in this area.
Applicant paid a professional concrete company to lay out and measure the location of
the structure on the property. The concrete company measured from the curb and not
from the property pins.
Granting the applicant the variance requested will not confer on the applicant any special
privileges that are intended to be denied by this ordinance to other lands, structures or
buildings in the area.
If you have any questions on the above, please do not hesitate to contact Jake Newell at
479-225-3997
Sincerely,
Jake Newell
March 6,2006
Board of Adjustment
BOA 06-1900(Newell)
Agenda Item 2
Page 8 of 14
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ADDRESS- MOUNT COMFORT ROAD �.-
4185MOSSY ROCK DRIVE (ASPNALi, 70' R/W)
FAYEITEVII,U,ARKANSAS
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0' 20' 40' 60'
Alan Reid & Associates DATE: 12/01/05 REVISED: PROJECT NO_
11B South COU,ege Aoenw.e
SCALE: 1-=20' 1 DRAWN By JCC 05507
__ ..
FayeNavitla, Arkansas 72701
(479) 444-8784 .March 6,2006
Board of Adjustment
BOA 06-1900(Newell)
Agenda Item 2
Page 9 of 14
914:IJh^0`- &IrM.4 P11, i oF 3
Planning/Sidewalk Requirements — Check List
Site Address: 1-N\�i5 -\�x Date Received: \ 3\
1. A/P ti: \LVA Setbacks: N. ' J S. E. W-
2. Go into Arc Map to retrieve the following info:
• Zoning �5
• Plat Page
• Parcel Number
• Section/Township/Range
• Subdivision/Phase
• Lot and Block �\
• Transportation Zone(TAZ)
3. Pull Plat-Look for utility easements, setbacksand s'dewalk:
• Does it match final plat? Y(� N❑
• Is Property in the Floodplain? N f
• Measure Site Plan-Does it Scale? Y d N❑
• Is street shown on the Site Plan? Y lvf N❑
• Are setbacks and Easements marked? Y I/ N❑
• Setback meet min.and are measured from property line to the overhangs
Y N❑
• Sidewalk Required Y❑ N❑
• Sidewalk Measurements: P,
2.a
• When sidewalk is located on a corner lot, allow 20' for each radius on
each sidewalk length. (Each radius=40' total)
• Collectors or Arterials Streets wider than 50' right of way(ROW) requires
a 6' wide sidewalk.
4. Check Height Limit: (No height limit in RSF-4)
• Over 20' Y❑ N❑
• Setback an additional Y for each foot over 20'
5. Curb Cuts/Access Restrictions
• Minimum of Toff side of property line. Y LJ N❑
• Min of 40' from intersections Y l/ N❑
• Min. of 60' from intersections on Collectors or Arterial
Streets with over a 50' ROW Y❑ N❑
Enter required info into Hansen on the 1 -2 Family Info Tab. March 6,2006
Board of Adjustment
BOA 06-1900(Newell)
Agenda Item 2
Page 10 of 14
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PLANNING DIV.
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I.. - March 6,-2006
BOBoard of ustment
A 06-1900j(Newell)
-. Agenda Item 2
Page 11 of 14
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Board of Adjustment
BOA 06-1900(Newell)
Agenda Item 2
Page 12 of 14
aoa06-1900 _NEWELL
Close Up View
a wj
WOOD DUCK DR I ��WOODD�UCN DR
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— — -Baseline Profile
O Fayetteville
Outside City
L r
BOA06-1900
a r ve or.G13B.Footpant_2004.
wash Co Parcels(Fayetteville)
J 0 75 150 300 450 600 March 6,200
a Board of Adjustmen
Feet BOA 06-1900(Newell)
Acienda Item
Page 13 of 14
BOA06-1900 NEWELL
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Overview Legend Boundary
__ - - Subject Property r- planning Area
'f ❑ BOA06-1900 p000Q Overlay District
Outside City
-_ Legend
0 0.120.25 0.5 0.75 1 Mara2 06
(� Is Board of Adjust, nt
BOA 06-1900(Ne II)
2
Page 14 of 14