HomeMy WebLinkAbout2007-04-02 - Agendas (2) **4
TY e eVi le
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
MONDAY,APRIL 2,2007 at 3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of the minutes from the December 4,2006 meeting.
New Business:
1. BOA 07-2525(TAYLOR/1415 S.CAMELLIA LANE,556): Submitted by JOHN TAYLOR for property located at
1415 S. CAMELLIA LANE. The property is zoned RMF-24, MULTI FAMILY-24 UNITS/ACRE and contains
approximately 0.13 acres. The request is for a 7'variance so that a cover can be constructed over an existing porch slab.
Planner:Jesse Fulcher
2. BOA 07-2526(OWENS/718 N.CREST DRIVE,447): Submitted by SCOTT&CARLA OWENS for property located
at 718 N. CREST DRIVE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately
0.47 acres. The requirement is for a 15'rear setback. The request is for an I F rear setback(a 4'variance)in order to
construct a new 480 square foot detached studio/workshop. Planner: Andrew Garner
3. BOA 07-2527(GARNER/1079 S.SCHOOL AVENUE,562): Submitted by BRET PARK for property located at 1079
S. SCHOOL AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.35
acres. The requirements are for a 25'front setback for both S. School Avenue and Eleventh Street frontages. The request is
for a 5'setback along School Avenue(a 20'variance)and a 9'setback along Eleventh Street(a 16'variance)to bring an
existing non-conforming structure into compliance. Planner:Andrew Garner
4. BOA 07-2528(BENAFIELD/217 SUTTON STREET,485): Submitted by SALLIE OVERBEY for property located at
217 SUTTON STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately
0.26 acres. The requirement is for an 8'side setback. The request is for a 0' side setback to the south and a 2' side setback to
the east to construct a new storage building and carport.
Planner: Suzanne Morgan
5. BOA 07-2530(BROYLES/1897 W. STONE ST.#2,520): Submitted by LEX BROYLES for property located at 1897
W. STONE STREET#2. The property is zoned RMF-24, MULTI FAMILY-24 UNITS/ACRE and contains approximately
0.50 acres. The requirement is for a 25'rear setback. The request is for an 18'rear setback(a T variance.)
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 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.
2007 Board of Adjustment Members
Bob Nickle (Chairman)
Sherrie Alt
Robert Kohler
Eric Johnson
Karen McSpadden
William Chesser
James Zant
7BOA Meeting of April 2, 2007 aye 1
125 W. Mountain St.
a a K aN s a s
Fayetteville,AR 72701
Telepbone:(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: March 20, 2007
BOA 07-2525 (TAYLOR, 556): Submitted by JOHN TAYLOR for property located at 1415 S.
CAMELLIA LANE. The property is zoned RMF-24. MULTI FAMILY—24 UNITS PER ACRE
and contains approximately 0.13 acres. The request is for a 13' setback(a 7' variance) so that a
cover can be constructed over an existing porch slab.
Planner: JESSE FULCHER
RECOMMENDATION:
Staff recommends approval of the requested 13' rear setback(a 7' variance) as shown on
the attached site plan to allow for the construction of an awning with the following
condition(s):
1. The awning shall remain open on all sides, unless otherwise approved by the Board
of Adjustment.
2. Approval of this variance shall not be construed for approval of a building permit.
All necessary reviews by Planning and Building Safety and permits shall be issued
prior to the construction.
BflATtk1EMT ACTTQN, Q App"roved C1. Dented
iYlottoxt Seeond..
bir _Vii
VbtE:
Date .A ��tib X447_
The'"CONDITIONS'OF APPROVAL"listed in this report are accepted in total without exception by the
entity requesting approval of this variance.
Name: Date:
K.IReports120071BOA Reports14-02-071BOA 07-2525(Taylor).doe
April 2,2007
Board of Adjustment
BOA 07-2525 Taylor
Agenda Item 1
Page 1 of 24
BACKGROUND:
Property description: The subject property is located at 1415 S. Camellia Lane within the
Magnolia Crossing Subdivision and is zoned RMF-24,Residential Multi-family, 24 Units per
Acre. The required rear setback in the RMF-24 zoning district is 25'; however, the Board of
Adjustment approved a variance request in 1996 to allow 20' rear setbacks for all single-family
lots within the Magnolia Crossing Subdivision.
Proposal: The applicant is proposing to construct an I F x 17' open-wall awning/canopy over a
patio slab located at the rear of the house. Although the existing concrete slab is 12' wide by 12'
deep, the awning will be 1' shorter since it will be mounted to the building overhang. If the
variance is approved, the applicant plans to widen the patio to 17' wide, so that when the awning
is constructed it will shade the windows on either side of the back door. The widening of the
patio will not be towards the rear property line.
Request: The request is for a rear setback of 13' (a 7' variance) to allow for the construction of
an open-wall awning that will be attached the building overhang and extend approximately I V
over an existing concrete patio.
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Request Variance Amount
Rear Setback 20' (allowed by Variance 13' 7'
BA96-32.00
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single-family dwelling RMF-24, Residential Multi-family, 24 units/acre
South Single-family dwelling RMF-24, Residential Multi-family, 24 units/acre
East Single-family dwelling RMF-24, Residential Multi-family, 24 units/acre
West Single-family dwelling RMF-24, Residential Multi-family, 24 units/acre
CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION:
-Residential Neighborhood Area-
FINDINGS:
.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
K:IReports120071BOA Reportsl4-02-071BOA 07-1515(Taylor).doc
April 2,2007
Board of Adjustment
BOA 07-2525 Taylor
Agenda Item 1
Page 2 of 24
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: There are no special conditions or circumstances that are peculiar to the land
or structure involved. The subject property is located within a platted
subdivision that was developed in 1996 under all current bulk and area
regulations for the RMF-24 zoning district. Even though the conditions are
not peculiar to the land or structure,they do burden the current property
owner by limiting any type of functional additions to the rear of the
structure.
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 the zoning regulations would not deprive the
applicant the ability to construct an awning on the rear of the structure.
However, the location of the existing dwelling provides only a limited amount
of space on the rear of the structure. This consequently deprives the
applicant of the ability to construct a functional and practical space.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The request to construct an awning on the property is an action of the
applicant. However, the need for a variance is due to the small lot size that
was determined by the developer in 1996. In fact,the developer was granted
a rear setback variance for every single-family lot in the subdivision, so that
there would be adequate room on the lots to construct single-family homes.
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 variance to allow the awning to extend into the
setback as requested will not confer special privileges to the applicant. The
awning will be open on all sides and therefore will not provide additional
living space within the setback and will not significantly increase the value of
the home.
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.
K:IReports1200ABOA Reportsl4-02-OABOA 07-2525(Taylor).doc
April 2,2007
Board of Adjustment
BOA 07-2525 Taylor
Agenda Item 1
Page 3 of 24
Finding: No nonconformities were considered as a basis of the findings stated in this
staff report.
.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 maybe approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,April 02,2007.
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 of 7' is the minimum variance necessary to
accommodate the proposed awning.
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: Allowing the applicant to construct an awning over an existing patio will not
increase the livable area of the home and will provide shade on the west side of
the house and patio. Since additional livable space will not be constructed
within the required setback and the structure will be an awning open on all
sides,the request should not be injurious to the neighborhood, specifically the
neighbor to the west. Additionally, Chapter 163 allows for the expansion of
awnings, open porches and carports within the required setbacks for existing
nonconforming structures. It appears that Zoning Chapters 160-165 recognize
the functionality and desirability of these structures as part of a single-family
dwelling. Therefore, the applicants request is in harmony with the general
purpose of Chapter 163.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land,building, or structure.
Finding: Reasons set forth in the application justify granting the requested variance.
KJReports12007WA Reports14-02-07WOA 07-2525(Taylor).doc
April 2,2007
Board of Adjustment
BOA 07-2525 Taylor
Agenda Item 1
Page 4 of 24
b. 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.
C. 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 awning addition is allowed in the RMF-24 zoning district.
KlReports1200700A Reports4-02-071ROA 07-2525(Taylor).doc
April 2,2007
Board of Adjustment
BOA 07-2525 Taylor
Agenda Item 1
Page 5 of 24 -
161.14 District RMF-24,Residential Multi-
Family—Twenty-Four Units Per Acre (3) Land area per dwelling unit.
(A) Purpose. The RMF-24 Multi-family Manufactured home 3,000 s_.ft.
Apartments:
Residential District is designed to permit and No bedroom 1,700 sq.ft.
encourage the developing of a variety of dwelling One bedroom 1,700 sq.ft.
types in suitable environments in a variety of Two bedroom 2,000 sq.ft.
densities. Fraternity or Sorority 1,000 sq.ft.per resident
(B) Uses. (E) Setback requirements.
(1) Permitted uses. Front Side Rear
25 ft. 8ft. 25 ft.
HOD Single HOD Single HOD Single
Unit 1 Ci -wide uses by right amil Front Family Side Family Rear
Unit Single-family dwellings 15 ft. 8ft. 15 ft.
Unit 9 Two-family dwellings HOD Two Family HOD Two Family HOD Two Family
Unit 10 Three-family dwellings Front Side Rear
Unit 26 Multi-family dwellings 15 ft. 8ft. 15 ft.
HOD Multi Family HOD Multi Family HOD Multi Family
(2) Conditional uses. Front Side Rear
15 ft. 1 8ft. 15 ft.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities Cross references)--Variance,Ch. 156.
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park (F) Height regulations. Any building which
Unit 25 Professional offices exceeds the height of 20 feet shall be set back from
Unit 24 Home occupations
Unit 36 Wireless communications facilities any side boundary line additional distance
of
one foot for each foot off height in excess of 200
(C) Density. feet. -
Units per acre 4 to 24 (G) Building area.None.
(Code 1965,App.A.,Art.5(111);Ord.No.2320,4-6-77;Ord.No.
(D) Bulk and area regulations. 2700,2-2-81;Code 1991,§160.033;Ord.No.4100,§2(Ex.
A),6-16-98;Ord.No.4178,8-31-99)
(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 fL
(2) Lot area minimum.
Manufactured home park 3.acres
Lot within a mobile home park 4,200 sq.ft.
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 Sorori 2 acres
Professional offices I 1 acres
K.Teports120071BOA Reports14-02-07WA 07-2525(Taylor).doc
April 2,2007
Board of Adjustment
BOA 07-2525 Taylor
Agenda Item 1
Page 6 of 24
164.12 Nonconforming Uses And Structures setback.
(D) Nonconforming structures. Where a lawful (d) In residential zones, porch roofs and open
structure exists at the effective date of adoption or porches may extend into required setbacks by one foot
amendment of this chapter that could not be built on each side of the entry door to maximum depth of six
under the terms of this chapter by reason of feet in required front setbacks and rear setbacks and to
restriction on areas,lot coverage,height,setbacks, a maximum depth of four feet in required interior side
its location in the lot, or other requirements setbacks.
concerning the structure, such structure may be
continued so long as it remains otherwise lawful,
subject to the following provisions:
(1) Alterations. No such nonconforming structure
may be enlarged or altered in a way which
increases its nonconformity but any structure
or portion thereof may be altered to decrease
its nonconformity, provided, the following
structures may be enlarged or altered as
hereinafter provided:
(a) Nonconforming residential structures
may be enlarged or altered by increasing
the height of said structures.
(b) Carports in residential zones maybe
extended into the required setback
setbacks if:
(i) The carport is setback at least 10 feet
from the street right-of-way;
(ii) The carport is setback at least five
feet from any interior side property j
line;
(iii) The carport is setback at least 10 feet
from the rear property line;
(iv) The area below the roof is open on
the sides; and
(v) The carport does not materially
obstruct vision.
(c) In residential zones, detachable
awnings which are not structurally a part
of the building may be erected in any
required front setback or rear setback if
the awning does not project more than six
feet. Detachable awnings which are not
structurally a part of the building and
which project no more than four feet may
be erected in any required interior side
K:IReports1200 0A RepaYsl4-02-071BOA 07-2525(Taylor).doc
April 2,2007
Board of Adjustment
BOA 07-2525 Taylor
Agenda Item 1
Page 7 of 24
1415 S Camillia Ln
Fayetteville
AR 72705
Board of Adjustment
City of Fayetteville
Fayetteville
AR
Hello,
Request for Variance Application
a. A 25 ft exception for buildings in my neighborhood do not permit the building of
the said patio cover as it falls within the exception.
b. An adjacent property with address 1429 S Camillia Ln has a similar patio cover as
the one I am proposing to build. Literal translation of the said provision/exception
will thus prevent me from having the same structure as my next door neighbor.
c. The said exception did not result as any action of mine, I just found out about it
with the proposal of building this structure.
d. Other houses on my street have covered patios, one notable example is my next
door neighbor. I don't believe granting the variance will confer any special
privilege on me that has been denied others in the neighborhood.
Thanks in anticipation.
Sincerely Yours
John Taylor
April 2,2007 -
Board of Adjustment
BOA 07-2525 Taylor
Agenda Item 1
Page 8 of 24
Proposing to build an approx. 11 X 13 ft patio cover to cover an existing uncovered patio
slab. The proposed request will not alter the size of the building,or the heated space.
However, the uncovered slab is approx. 12 X 12, and partly extends to a window
overseeing the living room. So, I will also like to make an additional request to extend the
width of the patio slab by approx 5ft before building the patio cover. A picture of the
unconvered patio has been added to this request. Also in addition,a picture of an adjacent
property with the said patio cover has been included.
Thanks ....
April 2,2007
Board of Adjustment
BOA 07-2525 Taylor
Agenda Item 1
Page 9 of 24 '..
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April 2,2007
Board of Adjustment
BOA 07-2525 Taylor
' Agenda Item 1
Page 11 of 24
t Permit# BUILDING.PERMIT APPLICATION, U2 ReAeWRouting_ &Approval
City of Fayetteville Inspection Division — --�
Reqd
113 W.Mountain Street Division Y/N OKI Dille
Fayetteville,AR 72701 ! Planning q?
' Phone:575-8233 , Flood Zone
Engineering LT '
Date: Landscape
SITE ADDRESS: City SW/Tralls
Lot:_ Block:_ Subdivision: ;re
Sec-Twn-Rng: - 3 Piat: & Plan heck:_Y Inspections
ng Ad ass: P: Pone•.
�- iArc n9neer...
at mg ess: ipc honer
_l o to ei mg rose. -- iP one:
........_...
iR Contractors License g-: Expires; _
-
Work __NEW _ADDITION _ALTERATION _REPAIR MOVING _DEMOLITION OTHER:
—FOOTING ONLY. _EXTERIOR ONLY _TENANT FINISH _DESIGNBUILD
Residential: Single Family Mukifamil number of units: Townhouse
Valuation of Work - Building Information
Structural: $ #of Stoney Sum Total Area sq.It
Electrical $ Height Total Heated/Cooled: 1.26A sq,ft
Plumbing: $_ Length: -Total Unheated: y� sq,ft
Mechanical:_$ Width: fi Add./Alt Area: 16 1:4 sq.ft
$ Slab Floor: !�' _N Public Sewer. _Y_N
Total $ Basement S Ft Structure: Wood Metal Masonry Other
.Building Will comply with Arkansas Energy Code Requirements(Yes/NA]:
Are you responsible for other buildings in this subdivision?(Yes/No): ngineedng Division Approval:_
-_.._.... ._.:..__.__._...___.._. ..._.._...:_.___._....._....._........____..__._....__.__�_.eAng Division
DESCRIPTION OF WORK: ......""-" ......
..._........,............._..........._.........._....__.................. _.............. _
Use of Building: Previous Use:
NOTICE Const Type i„ Occ.Group:
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING. Max. Occ.Load: Fire Zone:
MECHANICAL. THIS PERMIT BECOMES NULL AND VOID IF WORK/ Pro tection(hrs): SprinC,d: _Y_N CONS'RUCTION AUTHORIZED IS NOT COMMENCED WITHIN a MCVTHS,
OR WORWCONSTRUCTION Is SUSPENDED OR ABANDONED FOR A JFI )d
Use Only Req'd _
PERIOD OF 6 MONTHS AT ANYTIME AFTER WORK IS COMMENCED. A rOV818: M ISN-OK Date
I hereby cerCy that I haw read and examined this application and knowtha some to lain
be true and correct. All provisions of taws and ard;nances governing this type orwork eewill be complied whn wheezers hareinornoL granting or a permit doer: alth
not presume to ori ab or any provisions d any other able or localnor the pe nee of construction. r
signature of contractor or augbrlped agent (date)
signature or owner (dm) ;\
Note:Inspection of permRted work may reveal coda viola is rtof diaoot/ered during phn review,
PE PP1,VV%di
Board of Adju
BOA 07-2525
ZONING INFORMATION
ADDRESS Lfz=dmurA
ZONING DISTRICT
� The applicant must provide a drawing:showing proposed buildings, additions to
ixisti $ in s, of-street parking, drivewaYs, andother proposed permanent improvements
like pools, hot tubs, heating or A.C. units,•decks,carports, etc. The distance from any
proposed structure to property lines�musi"le clearly indicated. If the building has an
overhang,you must show the distance from the overhang to the property.line NOTE:
Property lines can be accurately determine4.only by survey FE: street is Not the front
E_ property line.
j BUILDING SETBACKS ' Propos'ed' Minimum ' Comments
�st
North i
" South r Q r
East Sr
p, West A2'24' al pr
HEIGHT The height of the proposed building will be
h ADDITIONAL REVIEW REOUIREMENT
" Board of Adjustment Large Scale Development
Plzwing Commission Lot Split
IMPROVEMENTS REQUIRED BY THE CITY
Public Sidewalk A sidewalk is re uired alon
street(s). It shall be a minimum of 4 feet`ihlividth for residential and 5 feet for commercial,
�"'
constructed in accordance to specifications in the City Street and Sidewalk Ordinance.
House Numbers No.permanent water meter will be set until permanent house numbers
` (visible from the street and at least 4" high) are installed on the building. House numbers
may not be changed without approval from the Water Department.
PAVED DRIVEWAYS AND PARKING AREAS These must be paved with double chip and
oil seal, hot-mix asphalt or pordand cement.
-(a) 'bri=yIn Must be'surfaced'for a mininzum,of feet into the property.
(b) Off-Street Parking The parking area(s) must be strived into:a minimum o
spaces of size. Y0.44040,also pr6vide curbs;bumper guards or w eel
stops so that no part of a parked vehiele extends beyond the boupduy of iha,pi trkilttt '
lot
i SIGNATURES, ,
Owner ... �P'�4 •, +���
'2
- Page 13 of 24
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INSPFC.riONS B PMNNUM DMISION
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'"�-: a .',�''� ,, ^� ,� g-'l3o �d'ofAd stme
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Structure Occupancy Construction First Floor Total Living Age or Year Basement
Number Type Type Living Area Area Constructed Area
1 SF MV 1261 1261 8
r-12--1
'PS(14411
12
43
3 MN 2
Sketch: 3 (1261) 6
r4 26
L
73-11
2 MFA 2
1II (441) 1
LL�P1" 1
Out Buildings and Yard Improvements
Qty Description Size Quality
I Driveway, concrete 20x33
1 Fence,wood 6' 175
April 2,2007
Board of Adjustment
BOA 07-2525 Taylor
Agenda Item 1
Page 16 of 24
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---------------
MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENTS AND SIGN APPEALS
A meeting of the Board of Adjustments and Board of Sign Appeals was held Monday, January 6,
1997 at 3:45p.m., Room 111 of the City Administration Building, 113 W. Mountain Street
Fayetteville, Arkansas.
MEMBERS PRESENT: Larry Perkins,Gerald Boyd, Marion Orton, Robert Nickle,
Thad Hanna, Paul Wilhelms,and Michael Andrews.
MEMBERS ABSENT:
STAFF PRESENT: Rich Lane, Sharon Langley and Heather Woodruff
APPROVAL OF MINUTES OF DECEMBER 16, 1996
Minutes were approved as distributed.
BA96-31.00: VARIANCE FOR REAR SETBACKS IN MAGNOLIA CROSSING
ALAN WALKER.NORTH OF HWY 62W AND WEST OF DINSMORE TRAIL
The fust item on the agenda was submitted by Alan Walker for property located north of Hwy 62W and west of
Dinsmore Trail. The property is zoned R-2(Medium Density Residential)and contains approximately 36.58 acres.
The request is for a 5'variance from the required 25'rear setback for all single family lots in Magnolia Crossing
Subdivision.
Mr.Lane stated Magnolia Crossing had received final approval in June of 1996. The variance request was for a
reduction of the 25'rear setback to 20'for all the lots in the subdivision. The applicant did not know there was a
setback difference between R-2 and R-1 zoning. The applicant is the sole builder in the development and has
offered a bill of assurance stating that only single-family homes would be built.
Staff recommended approval of the variance as requested contingent upon the bill of assurance. The lots are similar
in size to R-S zone(Residential Small Lot).
Mr.Wilhelms commented it was similar to rezoning. They typically dealt with one item at a time.
Ms.Langley stated the Board of Adjustments had granted a blanket variance for Fieldstone Subdivision a few years
ago. This variance request would change the 25'rear setback to 20',which was normal for single-family houses.
Mr.Boyd asked if all of the duplex lots could be built as single-family without the variance. He did not like the
idea of a bill of assurance because it would not be apparent when the lots were purchased. He suggested granting a
variance for the single family lots and leaving the duplex lots at 25'.
Mr.James Gibson,Dinsmore Trail,asked how the change would affect the lots across from this house.
Mr.Andrews reassured Mr.Gibson that there would not be any duplexes.
Mr. Walker stated he had amended the covenants to allow only single family homes. He explained the 5'variance
would allow them to build more attractive homes.
April 2,2007
Board of Adjustment
BOA 07-2525 Taylor
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Page 18 of 24
Ms.Langley stated it would not affect them,because Dinsmore trail ran between them. There was a 25'setback.
Mr.Gibson asked the direction the structures would be facing.
Mr. Walker stated they had planned to face all the homes into the subdivision.
Mr.Gibson did not like the idea of looking into someone's back yard.
Ms.Langley stated the subdivision's utilities had been approved for the homes to face into the subdivision.
Mr.Lane stated the Board of Adjustments did not have the authority to address any screening issues.
Mr. Walker stated he had planned for all the homes to face into the subdivision.
Mr.Gibson asked if Mr.Walker would be required to build a privacy fence along Dinsmore trail to help people
obtain more privacy.
Ms.Langley stated he would be leaving all the trees along Dinsmore which would help block their view.
Ms. Gibson stated all the trees had been taken out for the utilities.
Mr. Walker stated they had tried to keep every tree that was possible.
Mr.Gibson stated they were exposed to all the new homes.
Mr. Walker stated they had tried to save as many large trees as they could.
Mr.Gibsons asked if any of the homes would be facing onto Crapemrytle.
Mr.Walker replied they could.
Mr.Hanna suggest the two parties come to some sort of agreement on screening.
Ms. Langley thought anyone who bought the lots would plant some type of vegetation along the property line.
Mr.Gibson stated they had already planted vegetation on their side. He asked if there was anyone they could talk to
about this problem.
Ms.Langley stated Mr.Walker was the only person he could talk to about it. She added after the fmal plat was
approved the City could not require additional screening.
Mr.Gibson stated he would try and meet with Mr. Walker later.
Ms.Orton asked why the 25'setback was not caught during the plat review.
Ms.Langley explained an R-2 subdivision required a 25'rear setback. The people who brought the subdivision
through the process were planning on placing a number of duplexes in the development, so they wanted the entire
property zoned so they could have the duplex lots.
Ms.Orton asked if they had changed the size of homes that would be built on the lots.
Mr.Walker did not know what they had planned. He had purchased the property during the subdivision process.
He thought all single-family lots would follow the same guidelines reguardless of the zoning.
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Board of Adjustment
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Ms.Langley agreed that most builders who built single-family homes were not aware of the difference between an
R-I zone and an R-2 zone.
Mr.Perkins commented that Mr.Boyd had offered a compromise that only the single family lots receive the
variance. The duplex lots would keep the 25'rear setback.
Ms.Orton added they would also have the bill of assurance.
MOTION
Mr.Boyd moved to approve the variance for all single family lots,but not the duplex lots.
Ms.Orton seconded motion.
The roll was called. The item was approved by a vote of 6-0-0.
April 2,2007
Board of Adjustment
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Agenda Item 1
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OTHER BUSINESS
Mr.Andrews presented the need to have the sign ordinance amended to include signs painted on glass surfaces and
doors.
Mr. Perkins suggested allowing the same percentage as they would for a wall sign. He added the idea of the sign
ordinance was to reduce the proliferation of signs and it did not matter if it was painted on the brick wall or a glass
surface.
Mr.Andrews had spoken with alderman Heather Daniels and she had agreed to work with him.
Mr.Perkins asked if he wanted to schedule the item for the next meeting as an item of business.
Mr.Andrews thought they should put it as a point of business.
Mr.Boyd suggested the Board discuss the amendment before making any proposals to City Council.
Mr.Perkins asked Mr.Andrews if he thought his sign was too small for his business.
Mr.Andrews did not think they were too small.
Mr. Wilhelms did not think it was the size,but the number.
Mr.Boyd suggested looking into other cities' ordinances.
Mr.Andrews suggested they think about the change and the enforcement of the ordinance. He added the City
currently had no method to enforce the ordinance without prosecution.
Mr.Lane suggested citations for violators.
Mr.Andrews thought the City should be able to have some authority.
Mr.Perkins asked the members to consider changes to the ordinance.
The meeting adjourned at 4:45 p.m.
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BOA07-2525 TAYLOR
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April 2,2007
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BOA 07-2525 Taylor
- Agenda Item 1
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7aTc BOA Meeting of April 2, 2007
ARKANSAS
THE CITY OF FAYE.TTEVILLE, 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: March 27, 2007
BOA 06-2411 (OWENS, 447): Submitted by SCOTT & CARLA OWENS for property
located at 718 N. CREST DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.47 acres. The request is for an I F rear
setback (a 4' variance) in order to construct a new 480 square foot detached
studio/workshop.
Property Owner: Scott and Carla Owens
Planner: Andrew Garner
RECOMMENDATION:
Staff recommends denial of the requested rear setback variance based on the
findings herein.
Additional Conditions/Comments:oni
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BACKGROUND:
January, February, and March 2007 BOA Meetings: This item has been on the Board of
Adjustment agenda at the last three meetings. It was tabled at the January and February
meetings, and denied at the March BOA meeting. The BOA denied the variance in
March 2007 stating agreement with staff s findings that the requested variance was not a
result of hardship or special conditions on the property, but a result of convenience for
April 2,2007
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BOA 07-2526 Owens
Agenda Item 2
Page 1 of 12
the applicant. The applicant has revised the request slightly by reducing the size of the
proposed shop from 600 square feet to 480 square feet and by moving the proposed
structure 4' to the west. The modifications have reduced the rear setback variance
request from 8' to 4'. Staff s findings as stated in the previous three reports for this item
have not changed in review of the new proposal. Staff has discussed the BOA's
suggestion to the applicant from the March 2007 meeting that the structure be turned
perpendicular to avoid having to obtain a variance. The applicants indicated that they
would continue to request the variance as proposed.
Property description: The subject property is located at 718 North Crest Drive. It is
located within the RSF-4 zoning district and was platted and developed in compliance
with the requirements of this zoning district. Crest Drive is located on Mount Sequoyah
and is within the Hilltop/Hillside Overlay District. A 2,488 square foot house was
constructed in 1996 compliant with all required building setbacks.
Proposal: As shown in Table 1, the request is for an 11' rear building setback for a new
480 square foot detached workshop/studio where a 15' setback is required (a 4' variance).
Table 1
Variance Request
Variance Issue Ordinance Requirement A licant's Re uest
Rear Setback OD) 15' 11' (an 4' variance)
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use Zonin
North, South, East, and West Single family detached RSF-4, Residential Single-Family —
dwellings 4 units/acre
GENERAL PLAN DESIGNATION: Residential
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.
April 2,2007
K lReportA20071BOA Reportsl4-02-071BOA 06-2411(Oivens).doc Boad of Adjustment
BOA 07-2526 Owens
Agenda Item 2
Page 2 of 12