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HomeMy WebLinkAbout2006-05-01 - Agendas ARKANSAS Taye I 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,May 1,2006 at 3:45 p.m. Room 326,City Administration Building The following items will be considered: 1. BOA 06-2074(HOOVER,523): Submitted by STEPHAN&SHARON HOOVER for property located at 50 S. SCHOOL STREET. The property is zoned C-3,CENTRAL COMMERCIAL and contains approximately 0.08 acres. The request is for reduced setbacks to bring an existing non-conforming structure into compliance. Planner: Jesse Fulcher 2. BOA 06-2076(HILL,444): Submitted by MANDY BUNCH for property located at 711 OAKLAND. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.32 acres. The requirement is for a 20' rear setback. The request is for a 17'6" setback(a 2'6"variance)to allow a second floor balcony. Planner:Jesse Fulcher 3. BOA 06-2066(THE SPIRITS SHOP,405/444): Submitted by BLEW,BATES &ASSOCIATES for property located at 1242 N GARLAND AVENUE. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 0.91 acres. The requirement is for a 50'front setback. The request is for a 30'front setback(a 20'variance)to bring the existing non- conforming structure into compliance. Planner:Andrew Garner 4.BOA 06-2073: (ROUSE-WALKER PROPERTIES,284): Submitted by ROUSE-WALKER PROPERTIES for property located at 3675 DONNINGTON DRIVE. The property is zoned RSF-4, SINGLE FAMILY — 4 UNITS PER ACRE and contains 0.36 acres. The request is for a 6' side setback(a 2'variance). Planner:Andrew Gamer 5. BOA 06-2072(SUNBRIDGE PROPERTIES/DIXIE,290): Submitted by BLEW,BATES&ASSOCIATES for property located at 125 W. SUNBRIDGE DRIVE. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 1.06 acres. The applicant requests to subdivide the developed property which will create encroachments into side and rear building setbacks. Planner: Suzanne Morgan 6. BOA 06-2075(LAESSIG,562): Submitted by MARILYNN&JIM LAESSIG for property located at 724 S CHURCH. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.37 acres. The request is for a 1'side setback(a T variance)for an existing nonconforming structure to allow construction of an addition that would be within required:setbacks. Planner: Suzanne Morgan All interested parties nary 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. 2006 Board of Adjustment Members Bob Nickle (Chairman) Sherrie Alt Robert Kohler Eric Johnson Karen McSpadden William Chesser James Zant 7aye L 1 BOA Meeting of May 1,2006 125 W. Mountain St. ArtKAtasns Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE,ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: April 20,2006 BOA 06-2074 (Hoover, 523): Submitted by SHARON HOOVER for property located at 50 S SCHOOL. The property is zoned C-3, Central Commercial and R-O, Residential Office and contains approximately 0.07 acres. The request is for reduced building setbacks to bring the existing nonconforming structure into compliance. Property Owner: STEPHAN & SHARON HOOVER Planner: JESSE FULCHER RECOMMENDATION: Staff recommends approval of the requested setback variance(s) as shownon the attached; drawing with the following conditions: 1. To ensure that the structure is brought into substantial compliance with building safety regulations and that the structure will not constitute a hazard to the general public; the applicant shall be required to obtain building permits for the rehabilitation of the subject properly within 30 days from approval of the requested variance. 2. Future alterations or additions to the existing structure shall meet required building setback regulations, unless otherwise approved by the Board of Adjustments. 3. All required permits shall be granted prior to any construction or repair of the existing structures. Additional Conditions/Comments: May 1,2006 Board of Adjustment BOA 06-2074(Hoover) Agenda Item 1 Page 1 of 20 '-u...-.«.=.amu.m-2 t`-' .v"c"—•^• a`.tra BACKGROUND: Property Description: The subject property is located at 50 S. School Ave., just north of the Fayetteville Public Library and is split zoned C-3,Central Commercial and R-O,Residential Office. The house was constructed in 1908,prior to current zoning ordinances and as a result is located in close proximity to,or within the building setbacks. The property is surrounded by an assortment of building types and land uses. Proposal: The applicant is requesting variances from the required building setbacks for the purpose of bringing an existing nonconforming structure into compliance, so that the property owners can rehabilitate the structure. The renovation includes an expansion of approximately 50 sq. ft.to the rear of the structure for a bathroom and the replacement of the existing stairs on the south side of the building. Since the property is split zoned,the required variances are shown for both zoning districts in Table 1 and 2. Table 1/R-O Zoning District Variance Request Variance Issue Ordinance Requirement Existing Setback Variance Request Side Setback (north) 15' 1' 14' Side Setback(south) 10' 7' 3' Front Setback (west) 30' 20' 10' Rear Setback(east) 25' 23' 2' Table 2/C-3 Zoning District Variance Request Variance Issue Ordinance Requirement Existing Setback Variance Re uest Side Setback(north) 10' 1' 9' GENERAL PLAN DESIGNATION: Mixed Use 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: K.lReports12006WA Reportsl05-01-061BOA 06-2074(Homer).doc May 1,2006 Board of Adjustment BOA 06-2074(Hoover) Agenda Item 1 Page 2 of 20 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 home was constructed in 1908, prior to current zoning requirements. Consequently,the existing structure does not meet the current setback regulations and any repair,extension,or expansion to the structure may not be permitted without a variance from said regulations. Additionally, the property is zoned both Residential Office and Central Commercial, resulting in conditions that are unique to this property. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would not permit the improvements or expansion to the existing structures. The result would be removal of all portions of the structure which encroach into the building setbacks. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The property was constructed prior to the establishment of current zoning regulations and does not result from the actions of the applicant. As the property currently exists, it is nonconforming and can remain in its current state without any variances. However, because of the deterioration of the structure, significant improvements are required to produce a habitable structure,which is in conformance with all building regulations. 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 setback variances will not confer special privileges on this property. The home was constructed before the city's current zoning regulations. 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. K:IReportA200600,4 Reporu105-01-06180,4 06-2074(Homer).doc May 1,2006 Board of Adjustment BOA 06-2074(Hoover) Agenda Item 1 Page 3 of 20 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 May 1,2006. 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 setback variance(s) are the minimum variance(s) necessary to accommodate the existing structure on the subject property, including the proposed building additions. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood,or otherwise detrimental to the public welfare. Finding: Granting the variance will be in harmony with the general purpose and intent of zoning regulations. The location of the structure is similar in nature to other structures in the area that were built prior to current regulations. Additionally, granting the variance will permit rehabilitation of a deteriorated structure that has a historical significance within the downtown district. C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions for this request which are stated on page one . of this report. d. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: The R-O and C-3 zoning districts have significantly different permitted uses. The R-O zoning district allows single-family and two-family dwellings,but not multi-family dwellings. Conversely,the C-3 zoning district allows multi-family dwelling units,but does not permit single-family or two-family dwelling units. Therefore,the requested use of the structure for a multi-family unit will require K.IRepons1200600A Reportsl05-01-061ROA 06-2074(Hoowr).doc May 1,2006 Board of Adjustment BOA 06-2074(Hoover) Agenda Item 1 Page 4 of 20 either rezoning the entire property to C-3, or requesting that the Zoning and Development Administrator permit the extension of C-3 regulations into the R- O zoning district as permitted under Chapter 160.03 Rules of Interpretation of District Boundaries. K.TeportA20061BOA Reports105-01-061BOA 06-2074(Hoowr).doc May 1,2006 Board of Adjustment BOA 06-2074(Hoover) Agenda Item 1 Page 5 of 20 161.15 District R-O,Residential Office (A) Purpose. The Residential-Office District is designed primarily to provide area for offices without limitation to the nature or size of the office,together with community facilities,restaurants and compatible residential uses. (B) Uses. (1) Permitted uses. K 1 City-wide uses b right 5 Government facilities �fl y 12 Offices,studios and related services 25 Professional offices (2) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities - Unit 11 Manufactured home park Unit 13 Eating laces Unit 24 Home occupations Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities (C) Bulk and area regulations. (Per dwelling unit for residential structures) (1) Lot width minimum. Manufactured home park 100ft. Lot within a manufactured home 50 ft. ark Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. (2) Lot area minimum. _ Manufactured home park 3 acres Lot within a manufactured home 4,200 sq.ft. ark Townhouses: Development 10,000 sq.ft. Individual lot 2,500 sq.ft. Sing] mil6,000 sq.ft. Two-family 6,500 sq.ft. - Three or more 8,000 s .ft. Fraternit or Sorority 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq.ft. Townhouses&apartments: No bedroom 1,000 sq.ft. One bedroom 1,000 sq.ft. K.TeporteLWWBOA Reports105-01-061BOA 06-2074(Hoowr).doc May 1,2006 Board of Adjustment BOA 06-2074(Hoover) Agenda Item 1 Page 6 of 20 bedrooms Two or more 1,200 sq.ft. Fraternity or Sorori 500 sq.ft.per resident (D) Density. Units per acre 4 to 24 (E) Setback regulations. Ego = 3Ci Front,if parking is allowed between the right- 50 ft. of-way and the building Side 10 ft. SI'..:., -t3eYc8"flti rip.U. PCe51dBRhBItdS-E{Gf5 Rear,from center line of public aIle 10 ft. (F) Height regulations. There shall be no maximum height limits in R-O Districts,provided,however,that any building which exceeds the height of 20 feet shall be set back with any boundary line of any RSF or RMF District an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot,the area occupied by all buildings shall not exceed 60%of the total area of such lot. (Code No.1965,App.A.,Art.5(x);Ord.No.2414,2-7-78;Ord.No.2603,2-19-80;Ord.No.2621,4-1-80;Ord.No.1747,6-29-70;Code 1991, §160.041;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4726,7-19-05) KlReporisl20061BOA Reporrs105-01-061BOA 06-2074(Hoowr).doe May 1,2006 Board of Adjustment BOA 06-2074(Hoover) Agenda Item 1 Page 7 of 20 161.18 District C-3,Central Commercial (A) Purpose. The Central Commercial District is designed to accommodate the commercial and related uses commonly found in the central business district,or regional shopping centers which provide a wide range of retail and personal service uses. (B) Uses. (1) Permitteduses. Unit 1 City-wide uses by right Unit4 Cultural and recreational facilities Unit 5 Government facilities Unit 12 Offices,studios,and related services Unit 13 Eating laces Unit 14 Hotel,motel,and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 18 Gasoline service stations&drive-in restaurants Unit 19 Commercial recreation,small sites Unit 25 Professional offices Vi,bit-26 I muttrfatrul dwelliri°s Unit 34 1 Liquor stores (2) Conditional uses. Unit 2 Cit -wide uses by conditional use permit Unit 3 Public rotection and utility facilities - - - Unit 17 Trades and services Unit 28 Center for collecting recyclable materials Unit35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None (E) Setback regulations. Central Business Shopping District Center Front 5 ft. 25 ft Front,if parking is allowed between the righWf--way and the budding 50 ft 50 ft Side,when contiguous to a residential district 10 ft 25 ft Rear,without easement or alley 15 ft 25 ft Rea,from center line of a 2ubfic alley 1 10 fL 10 ft (Code 1965,App.A.,Art.5(VII);Ord.No.2351,6-21-77;Ord.No.2603,2-19-80;Ord.No. 1747,6-29-70;Code 1991,§160.037;Ord.No.4100, §2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4727,7-19-05) K.Wepor&120061BOA Reports105-01-061BOA 06-2074(Homer).doc May 1,2006 Board of Adjustment BOA 06-2074(Hoover) Agenda Item 1 Page 8 of 20 April 9, 2006 Dear Board of Adjustment I respectfully ask the commission to consider approval of my renovation project for 50 S. School. My existing building, built in 1908, encroaches into the building side setbacks as specified in the regulations for C3 zoning adjacent to a residential zoning. I plan to renovate the existing structure, and in order to obtain a building permit to begin renovation, I must have BOA approval. 0 The property is zoned C3 and currently contains 2 units, one on the first floor and one on the second floor. Total number of bedrooms in the existing structure is 4. We would like to convert the house into 3 rental units with a total of 4 bedrooms. Two units would be on the first floor, each having one bedroom. The second floor will stay one unit and we will maintain the existing 2 bedrooms. This will comply with the C3 zoning. We will not be adding additional bedrooms. In response to item 7 in BOA application: a) This property is only 40'wide. The existing house was placed on the site with a 1' setback on the north side and 7'—6"on the south side. This is a unique situation. b) In order to comply with the existing ordinance, we would have to tear 9' off the north side of the house in order to renovate the structure. c) This is a condition that was existing when we bought the property. d) Allowing us to renovate this existing house would not be a special privilege as many other buildings in the Downtown,Wilson Park, and Washington Willow neighborhoods currently encroach into the setbacks. I appreciate your consideration and look forward to a positive response. Sincerely, Sharon Hoover May 1,2006 Board of Adjustment BOA 06-2074(Hoover) Agenda Item 1 Page 9 of 20 BOA request for 50 S. School Existing—A two story wood frame house built in 1908. Currently the building is a total of 2100 square feet housing 2 living units (one on the first floor and one on the second floor) It has a total of 4 bedrooms. All plaster has been removed in the house and all brick chimneys have been removed. Proposed work : repair the existing foundation with new interior beams and joists, stabilized the perimeter wall Install all new exterior siding, new roof, new windows Restore the front porch to its original design Rebuild the existing bathroom addition on the east, add another bathroom on the first floor Rebuild and relocate the existing south stairway Install all new plumbing, electrical, and HVAC system Install all sheetrock, cabinets and finishes. Rework the front concert steps Add one bathroom on first floor—a total of 52 sf Rework the existing steps on the south side of building Divide the first floor into 2 units , one bedroom each Parking—re work the existing drive into 1 parking space (parking required is equal to the existing number of spaces—we will not be adding additional bedrooms) By-- Sharon Hoover, April 9, 2006 May 1,2006 Board of Adjustment BOA 06-2074(Hoover) Agenda Item 1 Page 10 of 20 '` a'r.� ._ �} •.4s i4 a*�Y'��`7,, � Yi 3Y`�a.e ry�.v i ,a s xh `Atv q�'Y to ;> � CENTER ST 9 � y •� � ��f� Y 0� Y :k ':�. 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F26 RMF T4- RSF '.,IZq Pi MEADOW 6T I ^-r P1 _� 4 Y TO RMF-00 I { .- b RM�24 �- MP 261 - O - t ir/ i RMF 26 RR-0 f24 V.PI�Rfv)E 20 RMF At],FdO -MF-0U 1 C3 -OA ' 4 RMF 2d i 14Y R -RSF4iRMH01 iR0 D-2- C4 O-0i G4 f 1 RSF-0 SF{ -�C3 RM MF 264 T1 _ RMF 24eR-0 P�3 O,p O'4 1 p C-0 RMF 24 r' ROD - � , ROi R�24 LERY POND _Qm21 / R - ROCIC$1',, \ aI1 RMF _ P-1 I P 1 R4ONE STT RMF-0e RMF�P R-0 -0,_ RO R .R{1 R-01 F24 RMF 214 / i PRIVhTE4�DR CSF-001 11 � ('1RCHEI-I- T / { 11J P.1 I�1 P-1 RMF-00 RMF-001 1 RMF 26 R .,,,.:� 1 '102 SFd �,C2 G2 021 1 •] Ti Iyl,.7P,� 11` G2 PUFF-III,L RMF MF24= C 1 Illi $ `� G2 IRMF 2q I,a� RMF 24�/ RMF 2d li 11 'i R24 RMF24 RMF 24RMF24 51 E 'RMFdg 11 HIJFY 9F- ��� FMS-00 I1 RMF 4 �I R6F-0 RPZD rl 11 RMF2d ;/ RA PiMF 24 � - � / aI _ � RMF-1; 2a r 3 12MF21r F44 y 1 1v I V 1 /SFE t—^1 12 ¢ I !, ] ME2 rorL N (�O�LT'(EYpft R TMF24 E l - 'r 12 1" 1 �/ / (/qA f 1 t• MFY4 RMF 24 11 1 ���bS- fA2ili v FP4 11.6..-'el 2d P bTHST i I RMF 2d RMF 24 -.. /�RMF 21I 62 h�k FiF2t - O � - <`a RMF G211 I 11 / RMFj )RMF24_'� RMP 4 /gg/1 5`rp (,�.1ss R-0 IMF 11j :�� F24i. ... at' S,ASvi�wa%Bunwate'' RMF@4 R-A 11RMF24'"d+.i 11 R6Fd -. 3 Overview Legend Boundary ---- Subject Property .-� i Planning Area BOA06-2074 ,A000g -, Overlay District _- ❑ Outside City --- Legend 00.120.25 0.5 0.75 1 Wes May 1,20 6 nt BOA 06-2074(Hoover) Agenda Item 1 Page 20 of 20 7ayeBOA Meeting of May 1, 2006 125 W. Mountain St. a rz Kx N sp s Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE - TO: Fayetteville Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: April 24, 2006 BOA 06-2076 (HILL, 444): Submitted by MANDY BUNCH for property located at 711 OAKLAND. The property is zoned RMF-40, MULTI FAMILY—40 UNITS/ACRE and contains approximately 0.32 acres. The request is for a 17' rear setback (a 3' variance). Property Owner: BOB HILL Planner: JESSE FULCHER RECOMMENDATION: Staff recommends denial of the requested rear setback variance of 3' based on the findings herein. Staff recognizes that the request will not be injurious to adjacent property owners, however staff is unable to make the findings of fact to support the subject request. 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; BiARD OT ADJIISTMEMT3CTTONI�Approved _ Defied t3 tXetl o4iion. Second " emote Nr D ate May 1 2fl06 = BACKGROUND: Property Description: The subject property is located at 711 N. Oakland Ave.,just north of W. K.Teports12OWROA Reporls105-01-06WA 06-2076(Hill)_deniaLdoc May 1,2006 Board of Adjustment BOA 06-2076(Hill) Agenda Item 2 j Page 1 of 16 Cleveland St. and is zoned RMF-40. There is an existing single-family home located on the property that will be removed prior to construction of the proposed building. There is an existing 20'public alley adjacent to the west property line. Proposal: The applicant proposes to remove the existing structure on the property and construct a three-story building consisting of 10, 1-bedroom units, with 10 parking spaces. The requested variance is shown in Table 1. Table 1 Variance Request Variance Issue Ordinance Requirement Setback Request Variance Re uest Rear Setback (west) 20' 17' 3' GENERAL PLAN DESIGNATION: Residential 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 not exist for this property. The applicant has designed multiple site plans in an attempt to meet all required setback requirements. As designed,the building does meet the required setbacks,however the structure's overhang and balconies are proposed to extend into the rear setback. The applicant could shift the building out of the rear setback. Unfortunately, the result would be the removal of the pedestrian walkway located between the building and parking area. 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: All other properties in the same district are required to meet building setbacks. As designed,the structure is nearly in conformance with the required setbacks. Modification of the building layout and/or building design would permit the placement of the building while conforming to all setback regulations. The existing lot meets all required zoning requirements, including lot area and lot width. K.IReports12006WOA ReportsW 01-061BOA 06-2076(IBR)_denial.doc May 1,2006 Board of Adjustment BOA 06-2076(Hill) Agenda Item 2 Page 2 of 16 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The size and location of the proposed building is a result of the actions of the applicant. Sufficient space is available between the proposed building location and the parking area to allow for the building to be shifted out of the rear setback. 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 a variance to allow the main structure within the required setbacks, given that this is for new construction, would confer special privileges on the applicant. All other properties in the same district are required to meet 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. 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 May 1,2006. 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 setback variance is the minimum variance necessary to accommodate the proposed structure on the subject property. K:IReports1200600A Reports105-01-061BOA 06-2076(flill) denial.doc May 1,2006 Board of Adjustment BOA 06-2076(Hill) Agenda Item 2 Page 3 of 16 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. Given that the proposal is for new construction, the applicant should design a building which is in conformance with the requirements for the subject zoning district. The applicant does have space to shift the building forward,towards the proposed parking area,thus eliminating the rear setback encroachment. Staff recognizes that permitting the balconies and building overhang within the rear setback would neither be injurious to the neighborhood,nor detrimental to the public welfare. Typically, the rear of a lot would abut another property, resulting in only a small separation between buildings. However in this case, there is a public alley to the rear of the subject property which will provide an additional 20' of separation between adjoining properties. The result is approximately 60' of separation between the subject building and the existing apartment building to the west. 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 subject request. 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 allowable in the RMF-40 zoning district. K.IReporls1200600A Reporls105-01-061BOA 06-2076(Hill) denial.doc May 1,2006 Board of Adjustment BOA 06-2076(Hill) Agenda Item 2 Page 4 of 16 161.14 District Rmf-40,Residential Multi-Family—Forty Units Per Acre (A) Purpose. The RMF-40 Multi-family Residential District is designated to protect existing high density multi- family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit26 Multi-family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 16 to 40 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured 4,200 sq.ft. home park Townhouses: Development 10,000 sq.ft. Individual lot 2,500 sq.ft. Single-family 6,000 sq.ft. '.. Two-family 6,500 sq.ft Three or more 8,000 sq.ft. Fraternity or Sorority 1 acre (3) Land area per dwelling unit. Manufactured home 1 3,000 sq.ft. K.IReporo12006BOA Reportsl05-01-061BOA 06-2076(Hill)_deniaLdoc May 1,2006 Board of Adjustment BOA 06-2076(Hill) Agenda Item 2 Page 5 of 16 Townhouses&apartments No bedroom 1,000 sq.ft One bedroom 1,000 sq.ft. Two or more 1,200 sq.ft. _ bedrooms Fraternity or Sorority 500 sq.ft.per resident (E) Setback requirements. Front Side Rear 25 ft. 8 ft 20 ft. Cross reference(s)--Variance,Ch. 156. (F) Height regulations. Any building which exceeds the height of 20 feet shall beset back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area.None. (Code 1965,App.A.,Art.5(N);Ord.No.2320,4-5-77;Ord.No.2700,2-2-8 1;Ord.No.1747,6-29-70;Code 1991,§160.034;Ord.No.4100,§2 (Ex.A),6-16-98;Ord.No.4178,8-31-99) K:IRepor[s120061B0A Repo,isl05-01-061BOA 06-2076(HitO_deniat.doc May 1,2006 Board of Adjustment BOA 06-2076(Hill) Agenda Item 2 Page 6 of 16 rte , °- - - -- -- -- - - - - - - - ------------ - ro 3s 3 { Y' i ftl I^� i it i o d it it ® I IL 11 j I ,�• 1 as I 0 z q_ i 1 0 T II �--- q ��S It i 1 8gg8 — I 1 as o a m n O Ti �------- ---------- --- ------ Vffi 'w mxz AHJ� s0.a0' 0°LMP NO11IlER 100.00' N zMA '�`f._.:_.— � —figg �._._ —^_-�._•_._.._. OAKLAND AVENUE (ASPHALT, 50' R/W) May 1,2006 Board of Adjustment BOA 06-2076(Hill) Agenda Item 2 Page 7 of 16 yui i � of Ciipc � Iri � � ali No � k� ir ila .