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
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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
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boardo lus men -
BOA 06-2074(Hoover) _
Agenda Item-1
Page 17 of 20
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JUA 06-2074(Hoover)
Agenda Item 1
Page 18 of 20
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Board of Adjustment
Agenda Item 1
Page 19 of 20
BOA06-2074 HOOVER
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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
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May 1,2006
Board of Adjustment
BOA 06-2076(Hill)
Agenda Item 2
Page 7 of 16
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