HomeMy WebLinkAbout2006-11-06 - Agendas **4
TY e eVi le
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephotte:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
MONDAY,November 6,2006 at 3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of minutes from the July 5,2006 and September 5,2006 meetings.
Old Business:
1. BOA 06-2275(MULLIS,561): Submitted by ANNA MULLIS for property located at 836 SOUTH HILL AVENUE.
The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 1.72 acres. The request is
for reduced lot width of 39'for a multi-family lot(a 51' variance). Planner: Andrew Gamer
New Business:
2. BOA 06-2316(JAMES PAUL,216): Submitted by ALAN REID for property located at 2753 E. PAR CT. The property
is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.52 acres. The request is for a 5' side
setback(a 3' variance). Planner: Suzanne Morgan
3. BOA 06-2325(FAUCETTE,216): Submitted by JOHN FAUCETTE, COLDWELL BANKER CORPORATE OFFICE
for property located at 3443 PAR COURT. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and
contains approximately 0.36 acres. The request is for a 6' side setback(a 2' variance). Planner: Andrew Garner
4. BOA 06-2326(GOTTSCHALK,522): Submitted by DENNIS BOWMAN for property located at 322 S.DUNCAN
STREET. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.22 acres.
The request is for a 50'lot width(a 40'variance)and variances from the side setback requirements to allow for a 0' setback
on the north property line(an 8'variance)and a 7' setback on the south property line(a 1'variance).
Planner: Jesse Fulcher
5. BOA 06-2327(BRASHEARS,522): Submitted by MICHAEL ROBERSON for property located at 160 S HILL
AVENUE. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.22 acres.
The request is for a 50'lot width(a 10'variance)and a variance from side setback requirements for any structure over 20'in
this zoning district(a 5' variance.) Planner: Jesse Fulcher
6. BOA 06-2328(PLEDGER,407): Submitted by DAVID TANNER for property located at 1348 EDGEHILL DRIVE.
The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.36 acres. The The request
is for side building setbacks of 4' and 3' for a new carport and storage area to replace the existing carport and storage shed.
Planner: Suzanne Morgan
7. BOA 06-2329(BLAZER,562): Submitted by JUDITH BLAZER for property located at 705 AND 715 S. CHURCH
STREET. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.34 acres.
The request is for reduced lot width at 715 S. Church of 50' (a 10'variance)and a reduced front setback of 8'(a 17'variance)
to bring an existing non-conforming structure into compliance and to split the propert into two parcels.
Planner:Andrew Garner
8. BOA 06-2330(YOUNG,523): Submitted by ALAN REID for property located at 208 S. GREGG AVENUE. The
property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 0.29 acres. The request is for reduced lot
widths on the north parcel of 48' (a 12' variance), on the south parcel of 46' (a 14' variance),a variance from the side
setback to allow a 4' setback on the south property line(a 6'variance)and a variance from the front setback to allow a 0'
setback on the west property line(a 30' variance)for the existing single-family structure.
Planner:Jesse Fulcher
9. BOA 06-2331 (CATROPPA,404): Submitted by TONY CATROPPA for property located at 1305 N GARLAND
AVENUE. The property is zoned C-1,NEIGHBORHOOD COMMERCIAL. The request is for a 0' front setback off of
Garland Avenue and off of Mount Comfort Road to bring an existing nonconforming structure into compliance and to allow
a new drive-thru,when 50' setbacks are required.. Planner:Andrew Garner
10. BOA 06-2332 (PETTIT 2ND,407): Submitted by JOSH PETTIT for property located at 1104 N. COLLEGE
AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.48 acres. The
request is for an approximately 175 sq. ft. addition, a larger addition than what was previously approved.
Planner: Suzanne Morgan
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 panics 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
BBOA Meeting of November 6, 2006
tl A P I9 W €
I
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: September 26 2006 Updated October 31, 2006
BOA 06-2275 (MULLIS, 561): Submitted by ANNA MULLIS for property located at
836 SOUTH HILL AVENUE. The property is zoned RMF-24, MULTI FAMILY - 24
UNITS/ACRE and contains approximately 1.72 acres. The request is for reduced lot
width of 39' for a multi-family lot (a 51' variance).
Property Owner: Anna Mullis
Planner: Andrew Garner
RECOMMENDATION:
Staff recommends approval of the requested 51' lot width variance, as shown on the '
attached site plan with the following condition(s):
1. A building permit shall be obtained prior to commencement of any
construction.
Additional Conditions/Comments:
O 'CTION D Ap�rosed y C1 MM
E)en>ed
Date Noxembefy_2 6 Mit gtt� Seeond Ctote
BACKGROUND:
October 2, 2006 Board ofAdiustment Meeting: This item was tabled at the October 2,
2006 Board of Adjustment meeting because the aenlicant was not present.
Background: A large scale development(Drake Hill LSD 05-1800) was approved by the
Fayetteville Planning Commission on November 28, 2005 to allow for 31 multi-family
units and 46 parking spaces on the subject property(see attached site plan).
November 6,2006
Board of Adjustment
BOA 06-2275 Mullis
Agenda Item 1
Page 1 of 12
Property and Setting: The subject property contains approximately 1.72 acres located in
south-central Fayetteville at 836 South Hill Avenue. A single-family house is located in
the southwest portion of the site, and the property contains 41%tree canopy. The site has
direct access onto Hill Avenue along the east property line, with an alley along the
northern property line. Land uses surrounding the site include industrial properties to the
north, and single-family residential uses to the south, east, and west. The site is
surrounded by RMF-24 zoning to the south, cast, and west, and Heavy Commercial and
Light Industrial (I-1)to the north.
Proposal: The applicant intends to develop the property for multi-family dwellings as
approved with LSD 05-1800. The existing single-family dwelling on the property is
intended to remain on the property. In order to sell the single-family dwelling separately
from the proposed multi-family dwellings, the applicant has requested a property line
adjustment that is under review by Planning Staff. The property line adjustment would
result in the tract intended for multi-family development having only 39' of lot width
when 90' is required (see attached variance request exhibit). As shown in Table 1, the
request is for a 51' lot width variance for the new multi-family development. All other
zoning requirements are proposed to be met with this proposal.
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Re nest
Lot Width(multi-family) 90' 39' a 51' variance)
CITY PLAN 2025:
INTERIM FUTURE LAND USE PLAN DESIGNATION: Mixed Use
SECTOR MAP DESIGNATION: Growth Infill
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless
and until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist
which are peculiar to the land, structure, or building involved and which
are not applicable to other lands, structures or buildings in the same
district.
Finding: Special conditions do exist for this property related to lot width. This
property is a relatively large under-developed parcel (1.72 acres)
November 6,2006
K.Weports1200600A Reports111-06-06004 06-2275(Mullis).doc Board of Adjustment
BOA 06-2275 Mullis
Agenda Item 1
Page 2 of 12
located within the City's Growth Infill area on the City Plan 2025
Sector Map. This designation encourages density and infill as
proposed and approved on this parcel with the Drake Hill LSD for 31
multi-family dwellings. There is one single-family home on the parcel.
The applicant requests to adjust the property line to separate this
house from the rest of the property anticipated for the multi-family
development. The existing house on a large, under-developed parcel,
and this property's designation as a Growth Infill area are unique
circumstances that are not applicable to other lands, structures, or
buildings in the same district. In order to obtain the use of the
undeveloped portion of the property for multi-family dwellings, and
have the existing single-family house on a separate parcel, a 51'
variance is required for lot width.
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 lot width would
not allow the property lines to be adjusted as proposed. The applicant '
proposes to sell the house, and develop the approved large scale ,
development on the remainder of the property. Allowing the
applicant to adjust the property lines to separate the house, and
develop the remaining non-conforming tract for the approved multi-.,
family development is in harmony with the intent of the zoning
regulations. The subject development could occur as previously
approved without the proposed property line adjustment. The
applicant simple wishes to sell the house on a lot that is appropriately
sized for the real estate market, and allow for development of the
remaining property.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The original lot size and existing house on the property are not the
result of actions of the applicant, and are a constraint to the
redevelopment and sale of the property. This lot was created and
developed prior to the adoption of the current RMF-24 zoning district
lot regulations. The proposed multi-family development and desire to
sell the existing single-family house as a separate lot is the result of the
applicant.
4. No Special Privileges. That granting the variance requested will not
confer on the applicant any special privilege that is denied by Zoning,
Chapters 160-165, to other lands, structures, or buildings in the same
November 6,2006
K.IReporiA20061BOA Reporislll-06-061BOA 06-2275(Mullis).doc Board of Adjustment
BOA 06-2275 Mullis
Agenda Item 1
Page 3 of 12
district.
Finding: Granting the requested lot width variance will not confer special
privileges on this applicant. The zoning for the property allows
single-family and multi-family uses. The creation of a non-
conforming lot to allow the existing house to be sold separately from
the rest of the parcel is a reasonable and logical request from a
planning and development perspective, and will not adversely affect
the neighborhood. The applicant will not be granted any special
privileges denied to other lands in the same district. All bulk and area
regulations with the exception of lot width are to be accommodated.
5. Nonconforming Uses. No nonconforming use of neighboring lands,
structures, or buildings in the same district, and no permitted or
nonconforming use of lands, structures, or buildings in other districts shall
be considered grounds for the issuance of a variance.
Finding: Existing nonconformities were not considered as a basis of the
findings stated in this staff report.
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be
considered by and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,November 6,2006.
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 lot width variance is the minimum variance necessary
to accommodate the existing single-family dwelling as a separate lot
on the property. The applicant does not intend to construct the multi-
family development on the remaining portion of the property in such
a way to violate any other requirements of the RMF-24 zoning
district.
b. Harmony with General Purpose. The Board of Adjustment shall
further make a finding that the granting of the variance will be in
November 6,2006
K.1Reports120061BOA ReportsV l-06-061BOA 06-2275(Mullrs).doc Board of Adjustment
BOA 06-2275 Mullis
Agenda Item 1
Page 4 of 12
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 lot width variance will be in harmony with the general
purpose and intent of zoning regulations, and will not be injurious to
the neighborhood or otherwise detrimental to the public welfare.
There are a variety of lot sizes and uses in this vicinity. The majority
of Hill Street in this area is currently developed for relatively large lot
residential use. The proposed lot width and development of multi-
family on the proposed nonconforming lot would be consistent with
the City's designation of this area for growth, infill and mixed use,
and would provide a transition between some of the more intense
nonresidential uses to the north, and existing single-family
development to the south.
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 proposed use is for single- and multi- residences, a use permitted
by right in the RMF-24 zoning district.
November 6,2006
K9BeportA200600A Reportslll-06-061BOA 06-2275(Mullis).doc Board of Adjustment
BOA 06-2275 Mullis
Agenda Item 1
Page 5 of 12
City of Fayetteville Unified Development Code
161.13 District Rmf-24,Residential Multi-Family—Twenty-Four Units Per Acre
(A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the
developing of a variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted uses. -
Unit City-wide uses by right
Unit Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 _Three-famil dwellings
Unit 26 Multi-family dwellings
(2) Conditional uses.
Unit 2 Cit -wide uses b conditional use permit
Unit 3 Public protection and utilityfacilities
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home ark
Unit 25 Professional offices
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
11 Units per acre 4 to 24
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
Lot within a Manufactured 50 ft.
home park
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 mobile home 4,200 sq.ft.
ark
Townhouses:
*Development 10,000 sq.ft.
.Individual lot 2,500 sq.ft. -
Single-family 6,000 sq.ft.
Two-family 7,000 sq.ft.
Three or more 9,000 sq.ft.
Fraternior Sororit 2 acres
Professional offices 1 acres
(3) Land area per dwelling unit.
Manufactured home 1 3,000 sq.ft. -
November 6,2006
K.IReportsl20061BOAReportslll-06-06IB0,406-2275(Mullis).doc Board of Adjustment
BOA 06-2275 Mullis
Agenda Item 1
Page 6 of 12
Apartments:
*No bedroom 1,700 sq.ft.
*One bedroom 1,700 sq.ft.
*Two bedroom .2,000 sq.ft.
Fraternity or Sorority 1,000 sq.ft. per resident
(E) Setback requirements.
Front Side Rear
25 ft. 8 ft. 25 ft.
HHOD Single HHOD Single HHOD Single
Family Front Family Side Family Rear
15 ft. 8 ft. . 15 ft.
HHOD Two HHOD Two HHOD Two
Family Front Family Side Family Rear
15 ft. 8ft. 15 ft.
HHOD Multi HHOD Multi HHOD Multi
faFront Famil Side Famil Rear
15 ft. 8ft. - 15 ft.
Cross reference(s)--Variance,Ch.156.
(F) Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side
boundary line an additional distance of one foot for each foot of height in excess of 20 feet except for
the HHOD. Within the HHOD the maximum building height is 60 ft. as measured from the lowest
point of the structure at the historic grade, prior to development, to the highest point of the structure,
allowing 3 stories on the uphill side and 4 stories on the downhill side of the building.If the building is
placed on a graded pad,then the height of the building is reduced, allowing a maximum of 3 stories as
measured from the historic grade,pre-development.
(G) Building area. None.
(Code 1965,App.A.,Art.5(III);Ord.No.2320,4-6-77;Ord.No.2700,2-2-81;Code 1991,§160.033;Ord.No.4100,§2(Ex.A),6-
16-98;Ord.No.4178,8-31-99;Ord.No.4855,4-18-06)
November 6,2006
K:1Reports120061BOA Reports111-06-061BOA 06-2275(Mullis).doc - Board of Adjustment
BOA 06-2275 Mullis
Agenda Item 1
Page 7 of 12
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BOA Meeting of November 06,2006
�m '-�"�11C 125 W. Mountain St.
ARKANSAS - Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: November 1, 2006
BOA 06-2316 (JAMES PAUL, 216): Submitted by ALAN REID for property located at 2753 E.
PAR CT. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains
approximately 0.52 acres. The request is for a 5' side setback(a 3' variance).
Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested side setback variance as shown on the attached
drawing with the following conditions:
Future alterations or additions to the existing structure shall meet required building
setback regulations, unless otherwise approved by the Board of Adjustments.
2. This variance applies only to the northeastern corner of the structure currently in
the eastern side setback,
3. All required permits shall be granted prior to any construction or repair of the
existing structures.
4. Due to the current encroachment of the 10'utility easement,City Council approval
to vacate the affected portion of the utilityeasement is necessary to bring the
structure into compliance with city regulations.
Additional Conditions/Comments:
The"C'Ai11D�'�Oi�FS{?E:AIf��O`43A�"]rsted tp t��srepork are accepted Eafntal wathouteXcepttanby the
eutty requesting aper6vaT o1'tltas variance - i
r r :
Dame, . .. Date
K:lReports120061BOA Reports111-06-061ROA 06-2316(Pauf).doc
November 6,2006
Board of Adjustment _
BOA 06-2316 James Paul
Agenda Item 2
Page 1 of 10
I3 AID 7J11; '1 M[Ar, G 1 � CI A:pp ro ved De oied Elfiabled.
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BACKGROUND:
Property Description: The subject property is located at 2753 E Par Court(Lot 7 of Paradise View
Phase 11). Paradise View Subdivision is located south of Joyce Boulevard,west of Crossover Road
and was platted in 1991. The subject property is zoned RSF-4 and was developed in 1993. The site
plan submitted for building permit approval indicates a 12' building setback from the side property
lines. A survey submitted by the applicant indicates that the home was built 10' from the west
property line and approximately 5' from the cast property line along which there is also a 10'utility
easement. Therefore, the structure encroaches within the 10' utility easement and required 8'
building setback.
Proposal: The applicant has submitted an application to the Planning Commission and City Council
requesting vacation of the portion of utility easement into which the building encroaches. The
_ applicant requests a variance from the side setback requirement of 8' for the purpose of bringing a
nonconforming structure into compliance. The northeast corner of the house currently encroaches
into the side setback 3' as shown on Table 1.
Table 1
Variance Request
Variance Issue Ordinance Requirement Existing Setback Variance Re nest
Side Setback(east) 8' 5' 3'
Request: The request is for a side setback of 5' for the existing northeastern corner of the structure
(a 3' variance).
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.
KlReports1200600A Reponsl]1-06-06IBOA 06-2316(Pau[).doc
November 6,2006
Board of Adjustment
BOA 06-2316 James Paul
Agenda Item 2
Page 2 of 10
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, it is apparent that a mistake was made in locating the home
and subsequently the home encroaches into the building setback and utility
easement. Staff does not support building structures in building setbacks and
violating a signed building permit as occurred with this project. However,due
to the house being finished and occupied since 1993, staff is recommending
approval of the requested variance. Should the variance not be granted, the
structure would be subject to the regulations placed on nonconforming
structures.
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 as it
would be subject to the restrictions placed upon nonconforming structures.
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 the builder's
who did not build according to the site plan submitted and approved by the
City. The site plan submitted for a building permit shows the location of the
home meeting all setback requirements. The applicant for this variance did not
create this nonconforming situation.
4. No Special Privileges. That granting the variance requested will not confer on the
applicant any special privilege that is denied by Zoning,Chapters 160-165, to other
lands, structures, or buildings in the same district.
Finding: Granting the requested front setback variances 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.
K.Wepor&LWOMBOA Reportsll1-06-06WOA 06-2316(Pau[).doc
November 6,2006
Board of Adjustment
BOA 06-2316 James Paul
Agenda Item 2
Page 3 of 10
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 November 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 side setback variance is the minimum variance 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 the minor
encroachment into the side setback,which has existing since 1993,will cause an
adverse impact on the character of the neighborhood.
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 single family use is permitted in the RSF-4 zoning district.
K:1Repor&120061BOA Reporls111-06-061BOA 06-2316(Paull).doc
November 6,2006
Board of Adjustment
BOA 06-2316 James Paul
Agenda Item 2
Page 4 of 10
Fayetteville Unified Development Code Section 161.07
District Rsf-4,Residential Single-Family—Four Units Per Acre
(A) Purpose. The RSF-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
Unita Sin le-famil dwellin
(2) Conditional uses.
Unit 2 Cit -wide uses by conditional use permit
Unit 3 Public rotection and utility facilities -
Unit 4 Cultural and recreational facilities
Unit 9 Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Single-family Two-family
dwellin s dwellin s
11 Units per acre 1 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. 8 ft. 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.IReporrs12006180A ReporkV 1-06-061BOA 06-2316(Paul).doc
November 6,2006
Board of Adjustment
BOA 06-2316 James Paul
Agenda Item 2
Page 5 of 10
ARA
Alan Reid
& ASSOCIATES
PROFESSIONAL
LAND
SURVEYORS
BOUNDARY
TOPO
GPS
October 13;2006
City of Fayetteville _
Planning Division
113 West Mountain Street
Fayetteville;Arkansas
72701
RE':Request for Easement Vacation tic
Building Setback Variance
Dear City=t'lanners,
Please accept"this letter as a formal request,on behalf of Mr.James Paul,to vacate a portion of an existing
utility easement and building setback'located at 2753 Par Gourt,Fayetteville,Arkansas.The casement in
question runs along the East property dine.The Northeast corner of Mr.Paul's house extends into the
easement.The utility companies are not opposed to vacating that portion of the easement which the house:
encroaches upon.Approval of this vacation will allow Mr.Paul to sell his house with a clear title.Please
feel free to call me if you should have any questions regarding this project.
s Regar
eid
ofessional Surveyor
Arkansas Registration 1005
November 6 2006.
Board of.Adjustment
BOA.06 2316James Paul
118 S College Avenue Fayetteville, Arkansas 72701 479 444 8784 1 888 549 8784 Fax 479 4Adbfi6 tOm 2
Page 6 of 10
FROM (THU)OCT 12 2006 15 :47/ST. 15:47/No. 6825581287 P 2
2753 E. Par Ct.
Fayetteville, AR 72703
October 4,2006
Dear Board of Adjustment Chair:
1 have requested a variance for the following reasons:
1. The northeast corner of the house that I own extends into the utility easement.
2. 1 have been trying the sell the house since July. Two different couples have negotiated
contracts to purchase the house. Both couples terminated their contracts when they
learned about the easement incursion.
3. I did not build the house and I aro not the original owner of the house. I purchased the
house in 1998 without knowledge of the house being built inside the utility easement.
4. Granting this variance will restore my house to the same status as the other
neighboring properties—the status of a house not extending into a utility easement.
I sincerely hope that you will grant my request for a variance.
Sincerely,
P
James D.Paul
November 6,2006
Board of Adjustment
BOA 06-2316 James Paul
Agenda Item 2
IP a7of 10
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- Board of Adjustment
-- BOA 06-2316 James Paul
Agenda Item 2
Page 8 of 10
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Agenda Item 2
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Page 10 of 10
Tiri4lan 7431 avij
BOA Meeting of November 6,2006
-W 125 W. Mountain St.
9 ARKANSAS 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: October 23, 2006
BOA 06-2325 (FAUCETTE,216): Submitted by JOHN FAUCETTE, COLDWELL BANKER
CORPORATE OFFICE for property located at 3443 PAR COURT. The property is zoned RSF-
4, SINGLE FAMILY- 4 UNITS/ACRE and contains approximately 0.36 acres. The request is
for a 6' side setback(a 2' variance).
Property Owners: David Whitmore Goodrich and Melissa Carr Goodrich
Planner: Andrew Garner
RECOMMENDATION:
Staff recommends approval of the requested side 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:
K.IReporte120061BOA Reports111-06-061BOA 06-2325(Foucetle).doc
November 6,2006
Board of Adjustment
BOA 06-2325 Faucette
Agenda Item 3
Page 1 of 24
Bt}t1R� (3F tk�7�I[�zu'T1 +31�1�'-AG`P�OI�T CF�pgroved,., C3I?emed q Tabled
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BACKGROUND:
Property Description: The subject property was built in 1990 and is located at 3443 Paz Court(Lot 2
in the Paradise View Estates Subdivision)and zoned Residential Single Family Four Units Per Acre
(RSF-4). The property is entirely surrounded by single family residences in the Paradise View
Estates Subdivision, which are also zoned RSF-4, and the Paradise Valley Golf Course which is
adjacent to the backyard of the house. The two-story brick house was permitted with an 8' side
setback on the south side of the house. A survey completed in September 2006 prior to selling the
house revealed that the chimney and overhang on the structure were constructed into the southern
side building setback.
Proposal: The applicant requests a variance from the side setback requirement of 8' for the purpose
of bringing a nonconforming structure into compliance, so that the property owners can sell the
property. The south side of the house currently encroaches into the side setback 2' as shown on
Table 1.
Table 1
Variance Request
Variance Issue Ordinance Requirement Existin Setback -°.Variance Re uest
Side Setback (south) 8' 6' 2'
Request: The request is for a side setback of 6' (a 2' variance).
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 exist for this property,which are not applicable to other
lands in the same district. The builder at the time of construction was aware of
the setback requirements as evidenced by the signed building permit. For
reasons not provided to Planning Staff the chimney and guttering overhang
were constructed into the southern building setback. It appears that the
K.:1Reports120061BOA Reportsll1-06-0600A 06-2325(Faucette).doc
November 6,2006
Board of Adjustment
BOA 06-2325 Faucette
Agenda Item 3
Page 2 of 24
chimney was not included on the original site plan submitted for a building
permit in 1990.
The approved building permit site plan specifies an 8' building setback along
the south 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,the violation is minimal and has
been in place since the original construction of the home 16 years ago. Staff has
no record of any complaints from adjacent property owner's regarding this 2'
setback violation. The violation was not discovered until after the property was
recently surveyed prior to selling the home. Staff is recommending approval of
this variance. Should the variance not be granted,the southern portion of the
cbimney and gutter overhang would have to be removed.
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 not the result of the actions of applicant.
The applicant was not the property owner at the time the house was originally
constructed 16 years ago with the side setback violation.
4. No Special Privileges. That granting the variance requested will not confer on the
applicant any special privilege that is denied by Zoning, Chapters 160-165, to other
lands, structures, or buildings in the same district.
Finding: Granting the requested front setback variances will not confer special privileges
on the applicant due to the special conditions that resulted in the setback
violation.
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.
K.Weports12006AROA ReporaIll-06-061ROA 06-2325(Faucelle).doc
November 6,2006
Board of Adjustment
BOA 06-2325 Faucette
Agenda Item 3
Page 3 of 24
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 November 6,2006.
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 side setback variance is the minimum variance 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 be in harmony with the general purpose and intent of
zoning regulations, and will not be injurious to the neighborhood. The 2' side
setback violation is minor, and has been in existence since the house's
construction approximately 16 years ago. Allowing the 2'setback variance will
not change the character of the neighborhood,or result in any other detrimental
impact to the public welfare.
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 use is permitted in the zoning district.
K.Weports120061BOA Repor&W-06-0600A 06-2325(Faucette).doc
November 6,2006
Board of Adjustment
BOA 06-2325 Faucette
Agenda Item 3
Page 4 of 24