HomeMy WebLinkAbout2007-11-05 - Agendas 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
Robert Kohler (Chairman)
Sheree Alt
Eric Johnson
William Chesser
James Zant
Robert Nickle
Mark Waller
o Vkw 1
; z
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,November 5,2007 at 3:45 p.m.
Room 111,City Administration Building
The following items will be considered:
Approval of the minutes from the October 1,2007 meeting.
New Business:
1. BOA 07-2778: (PRINCE,330): Submitted by BLEW&ASSOCIATES for property located at 2215 OLD WIRE
ROAD. The property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.70 acres. The
request is for a 50'lot width(a 20'variance.) Planner: Dara Sanders
2. BOA 07-2789: (GILMOUR,445): Submitted by BRETT PARK for property located at I PROSPECT STREET. The
property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0;34 acres. The request is for a
23'rear setback(a 2' variance)to allow for an addition and a 22'front setback(a 3' variance)to bring anon-conforming
structure into compliance. Planner; Jesse Fulcher
3. BOA 07-2790(KRYZANOWSKI,485): Submitted by BRETT PARK for property located at 307 E. SUTTON
STREET. The property is zoned RSF4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.10 acres. The
requestis for building setback,lot width and lot area variances to bring the existing house into compliance and for a building
setback variance for a new addition into the west side setback. < Planner:Jesse Fulcher
4. BOA 07-2792: (SCHULTZ,599): Submitted by N.ARTHUR{ART) SCOTT for property located at 1431, 1459& 1460
W.JUNCTION STREET. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately
1.28 acres. The request is for front and side building setback variances to bring a newly constructed apartment complex into
compliance. Planner:Andrew Gamer
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.
1
31 T le
BOA Meeting of November 5, 2007
p ARKANSAS
s
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: October 22, 2007
BOA 07-2778 (PRINCE/OLD WIRE, 330): Submitted by BLEW & ASSOCIATES for
property located at 2215 OLD WIRE ROAD. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNITS/ACRE and contains approximately 0.70 acres. The request is for a
50' lot width (a 20' variance.)
Planner: Data Sanders
BACKGROUND:
Property Description: The subject property is located between Overcrest Street and
Cardinal Drive, south of Township Street. The lot is approximately 130' wide and more
than 200' deep, larger than the area of the adjacent lots. There is an existing single-family
structure at the rear of the property, approximately 137 feet from the right-of-way.
In addition to this variance request, the applicant has submitted a lot split request (LSP
07-2776) to divide the existing lot into two tracts of 0.49 and 0.21 acres, creating one lot
with 80' of frontage and one lot in an "L" shaped configuration with 50' frontage. The
applicant can reconfigure the lot split proposal to provide the minimum lot area
requirement and 60' of frontage for Tract A. Staff will not recommend approval of the lot
split request as proposed; however, staff is supportive of 60' of frontage (a 10' variance).
Proposal The applicant is requesting a variance for the lot width requirementsin the
RSF-4 zoning district to allow for the creation of one 50' wide lot for the existing single-
family dwelling.
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Lot Width(RSF-4) 70' 50' (a 20' variance
11/01/2007
K:IRepor&200700A Reports111-05-071ROA 072778(Prince).doc Board of Adjustment
BOA 07-2778 Prince
Agenda Item 1
Page 1 of 12
RECOMMENDATION:
Staff recommends denial of the requested 20' variance, finding that a wider lot is
more compatible with the surrounding properties. Staff recommends approval of a
10' lot width variance to allow for the creation of Tract A with the following
conditions:
1. The existing single-family dwelling shall have a lot width of 60' along Old
Wire Road.
2. With the exception of the subject variance, any development or
improvements to the property shall comply with all zoning development
regulations including building setbacks from the property lines and Master
Street Plan right-of-way, height restrictions, and so forth.
3. The Subdivision Committee shall approve the lot split request. If the lot split
request is not approved,the variance shall be null and void.
4. A building permit shall be obtained prior to commencement of any
construction.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: El A0 ❑Denied
Date: November 5,2007 ,Motion: Second: Vote: ,
K-ss J [P'nF
Th�C,FON�D173IONS OFj n"r�P,RO'�Al�,?�L_st�e�m thlsreportsBieTaecepted ya,,to�alhrLou`t excezpUon�hq th"e
senU re uestmb-a rb'�alrof�thls va a ce"�; , :�• '� ' < `- a� t.P s �` �:. � s `�
i<i,.,w y,3h,f 4 w et£,�}.YP _... m•;.,, 1.''4� £x3 ^.,.fi "c� s' p4a dt`��''c.{�.',' �j". rygyt�i" t"x;,' #zlN£„. `$'�,`s C'`q v r
-w-7
a
Future Land Use Plan/City Plan 2025 Designation: City Neighborhood Area
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:
11/01/2007
K.IReports120071ROA Reportslll-05-071ROA 072778(Prince).doc Board of Adjustment
BOA 07-2778 Prince
Agenda Item 1
Page 2 of 12
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 was originally platted with 130 feet of frontage on Old Wire
Road, with an area that exceeds the minimum requirement for two
single-family lots within the RSF-4 zoning district.
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, specifically Chapter
164.12 Nonconforming Lots of Record do not deprive the applicant of
any rights. However, allowing the applicant to create an additional
buildable lot, which is consistent with the surrounding properties and
with the City's goal for infill in this area, is appropriate and is in
harmony with the intent of the zoning regulations.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The original lot configuration is not the result of actions of the
applicant. However, the request to create one 50' wide lot and one 80'
wide lot, instead of one 60' wide lot and one 70' wide lot, is an action
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
district.
Finding: Granting the requested lot width variance will not confer special
privileges on this applicant. Allowing the applicant to create two
buildable parcels,which are consistent with surrounding properties 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,
11/01/2007
K:Reports120071BOA Reportslll-05-071BOA 072778(Prrnce).doc Board of Adjustment
BOA 07-2778 Prince
Agenda Item 1
Page 3 of 12
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 5,2007.
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 lot width variance is not the minimum variance
necessary to allow the applicant to create an additional lot. A request
for a 60' lot width (a 10' variance) is the minimum variance necessary
to allow the applicant to create an additional lot for a single-family
dwelling.
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 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 as
both lots, with the exception of lot width for Tract A, meet the
minimum bulk and area requirements for RSF-4.
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
11/01/2007
K.1Repons120071BOA Reports111-05-0700A 072778(Prrnce).doc Board of Adjustment
BOA 07-2778 Prince
Agenda Item 1
Page 4 of 12
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: Subject to all applicable bulk and area requirements; single-family
dwelling units arc a use permitted by right in the RSF-4 zoning
district.
11/01/2007
K.Ieeports120071BOA Reportsl77-05-071BOA 072778(Prince).doc Board of Adjustment
BOA 07-2778 Prince
Agenda Item 1
Page 5 of 12
City of Fayetteville Unified Development Code
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 Cit e uses by right
Unit 8 1 Single-family dwelling
(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 9 Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Single-family Two-family
dwellin s dwellin s
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.
dwelling unit
Hillside Overlay 60 ft. 70 ft.
District Lot minimum
width
Hillside Overlay 8,000 sq.ft. 12,000 sq.-ft.
District Lot area
minimum
Land area per 8,000 sq.ft. 6,000 sq.ft.
dwellin unit -
(E) Setback requirements.
FRONT I SIDE 1 REAR
25 ft. 1 8 ft. 1 20 ft.
HOD Front I HOD Side HOD Rear
15 ft. 1 5 ft. 15 ft.
(F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed
structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning
Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not
considered nonconforming uses.
(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;Ord.4858,4-18-06)
11/01/2007
K.Weports120071BOA Reporall1-05-071BOA 072778(Prince).doc Board of Adjustment
BOA 07-2778 Prince
Agenda Item 1
Page 6 of 12
164.12 Nonconforming Uses And Structures
(B)Nonconforming lots of record.
(1) Single-family dwellings. In any district in which single-family dwellings are
permitted, a single-family dwelling and customary accessory building may be erected
on any single lot of record at the effective date of adoption or amendment of this
chapter, notwithstanding limitations imposed by other provisions of this chapter.
Such lot must be in separate ownership and not of continuous frontage with other lots
in the same ownership. This provision shall apply even though such lot fails to meet
the requirements for area or width, or both, that are generally applicable in the
district, provided that setback dimensions and requirements other than these applying
to area or width, or both, of the lot shall conform to the regulations for the district in
which such lot is located. hi a previously developed subdivision, platted prior to June
29, 1970, and with the approval of the Subdivision Committee, a new single-family
dwelling, or an addition, or repair to an existing single-family dwelling may be
constructed in all residential zones in keeping with the existing standard in the
neighborhood so long as the interior side setback is no less than five (5) feet.
Variance of setback requirements shall be obtained only through action of the Board
of Adjustment.
(2) Combined lots. If two or more, or combination of lots and portion of lots with
continuous frontage in single ownership are of record at the time of passage or
amendment of this chapter, and if all parts of the lots do not meet the requirements
established for lot width and area, the lands involved shall be considered to be an
undivided parcel for the purposes of this chapter, and no portion of said parcel shall
be used or sold in a manner which diminishes compliance with lot width and area
requirements stated in this chapter. The prohibition prescribed hereby shall not apply
to a nonconforming lot on which a principal structure existed on the effective date of
adoption of this chapter and which adjoins a nonconforming lot on which a principal
structure existed on the effective date of the adoption of this chapter.
11/01/2007
K.Reports12007IBOA Reportslll-05-071BOA 072778(Prince).doc Board of Adjustment
BOA 07-2778 Prince
Agenda Item 1
Page 7 of 12
Blew & Associates, Inc.
Professional Land Surveyors
2434 E Joyce Blvd Suite#2 Fayetteville, AR 72703
PH: 479.443-4506'FAX: 479-582-1883
htto'//www blewinc com
October 22, 2007
Board of Adjustments
City of Fayetteville
125 W. Mountain
Fayetteville, AR 72701
To Whom It May Concern:
Please accept this letter as a formal request for a variance for Mr. Ed Prince. Mr. Prince
will be going through a lot split procedure on his property located at 2215 N Old Wire
Road. The newly created lot will allow our client to construct a single family home
approximately 1600 square feet. A variance is being requested for the following
reasons:
(1) The required lot width for the current RSF-4 zoning is 70 feet. A variance is
needed because one of the parcels will not meet this required lot width. Tract
A will have 50 feet of width, while Tract B will have 80 feet.
Thank you for your consideration in this matter. Please call if you have any comments
or questions.
Sincerely,
D'
bRJ�IA/�
Michelle Carter, E.I.
Board of Adjustment
BOA 07-2778 Prince
Agenda Item 1
Page 8 of 12
—A�
ASA\n (VO\\ 00 /
vJ 3Nj -1 b007
kp\\
` n
�A\ A 'A\
nom^ 0� .1
4% 41
3Ni>Zj3 A'007.A0&5 \
M0y91sqv) `^`A '
.00-09
LU N Z '0Q'Os.
a s 8.S2� a v w
i
IL W'
o I 1 I 8 2
N I mw I m l
Is—s—s I I QUx o
a 3
o ,� m ml do ml 1
of z
} LL yf K l
of it o 's
N W sa.oz —
Q ^ U 0 INN
n; t ml ml
Q w aw - ail
W ti 0 ,4 �b10$ Nl o
c _ O G) o IN 3.9E.0c.90N
v a I i
i 8S8.OZ — _._J I t0
0 yI
O i x
yi II
m• +
M
¢W
c' t• vi I I I V ir 3SnOH
1 FI I �Q
l Yy I F- 0)
W l O x X X—�
N X
I ._ _._ 958_0Z I I es
y Q
0 I
O y X OFQ
mUQ
y X dZ'6n 11/01/200-P-9
y Board of Adjustment
vi
I - 3.4b9E,e0N
°' Agenda Item 1
-. .._ _. ,.. c m. Page 9 of 12
0 I—1
Of
01 to
[NrGBrRD LK
Ul
CTI
La
Cq
°Ul X11 - 5.101 p7-ppp
J'
00
IV
--lp i ?0& 7
J
3 � �,. `~--•_� � --wry �� I I
•``-
I �4u
u, �-
1
Lrl
LO
rn tl
rn � fy
4; b � L
rl ti
p--".— . 11/01/2007
�. I #EUd o 107-2778 Prince
I. '.LIN I Agenda Item 1
BOA07-2778 PRINCE
Close Up View
ffinlillmm
C+_. �xl � 14'i+.',''�L';i z v u, \ w♦t �?. '*''- o �+ K .¢ 1^
ART ST
,fk'S
"' �X m *�'4 Yt�'`+, M1S%�<S: e"'i•"i•? ,Vy..,, 9°�'kX s7 � >, � n »;£ 1� C '1 ��'�,�X r£���
� �X"ro � ��'�. yv 1'J'M,w'Y�,W...�db 5 �'a„" �.�...a, 4 ,�-.`j '�'ti'R i�e�Na",;.,�4<� X �7�'F C`�h,+� .-,.„ n S ;,�Xy�.`%�`v4Xk"`s`,`,y r•,� '^ i'.,,�„e.' � hS-
�a PS'.�,"x,`-�y11?i i a�"� P�iw�iiS`,.X�t yti `*, X. I„ n 4.'JS q�,F�v��X'`V'`" y”.�"'�'184'ntq,v�^•iy� „� i': .?r+� �x'y1�,'ui n�".*.3X'X`, 3\\..J
,�, '?'�£ i s�.., •`?,.R X��e�el�it,',w'a'��v
.�.,, yy� XJ t *y�i. ; $ w Ir'.J`11 ? ,., „'X',X 'aVJ,.I,, CX�£W`;.2' `� XC Jv,^•i�a`�� t�.. �;F`;.^.tiV '�, >'t*? 'v�. u.
.1,.. '#,4�k':'. � � .. J'�1�, L �} I � 1��%r��ki.`\(`k41"� '�+""•4•yd LXX>`e�.��\�� �'�. ���@k. 1A��1'i� ��\ �� 4l
WMv .N4;
'i,`:* ��,., $:
BJECT PROPERTY SU '.'`,'� , < �`-•,.�:x 'f`f�4Ju�`.��'tnz,�1>X a '�iia
�1�' ;£".•i4X^.SkY 9sa''<t £�a5.'aL
k �•?, , ah�� x+.
1
1 �a s1 , ,Tr`Sa
.$e1 1 �u 43� iz l"���a'��XNc a���/�e.Xt� X, � p�QK`"✓,,5�2.w1 .} �� Xr X"Yq.fs CFROINAIDR � �'�
i.`iF zl x• ...� �k, x v�„C'a � k h ., � "r �..y4 ,>viti`}*t`J`LW,,�`�`�''� Ly'l.£7 "��,., Avers ��, ti§,�: a` , s .,"'sa^ `�'��''" :
,ua
.t,,,tXS Xk�t 'v I o Abs�'�l^��\A'2"a V a�,v..��"• '*�$of ''£ter" \Xk�� �Xaa,� >�` *s 1�`Q�^5 J i�S<i� , ,�2"��, a,,£`..v
'��',;
a,X aXx� , ? , `iri,;�• ^,>t i, 3 � I th '�..u z ':i a �'t x i � 'x k £, , "'"�` +,v''£
a
OVERCRFST Srf� '�' d >✓- -vXr %:^'
—� OVERCREST Si X ,o"
i
C
fk
RS'
,,. .
Overview
gz;.— 0 75 150 300 450 600 11/01/2007
Board of Adjustment
Feet BOA 07-2778 Prince
A ends Item 1
Page 11 of 12
BOA07-2778 PRINCE
One Mile View
-
.�
3
k J �
SUBJECT P0-A41
ROPERTY
1 t • �.;- ,, f�i1 ,1�srn *� Lr A °Fd'7 'i >.�Ms.t :sl�r r
dY1
.'yrl L"ickl4 ?� t 'z\�''J +,i i �v� i-i �F1z�M J ��� GY�IOf 4,R�-0�� it � ''�"�,3?*�:, l� •-�
;Wi .
4
as I � ' 1;,���'�'�ell � � lzsz µ7f3f,✓, n� �`� . x 4 ��z��s z� Gi'o. �'`��,k, d`v-y`+'�i cfY I
Hb�4`�A3 3a,�s."' )za` i✓YSF�1�' l� I Tx +. *.. ���.w`.c� t>nRA r^!.O$�3�� 1..,. ;��£� .� 4CY,y
4�z ��. atg �CZG .. '�. �J„<..`J' .�+t'tts£ �tizy.a "`:1 j�hi ifh�tifi � ❑P CA i.,
1'v i L l rv`,•1 ���y�@ l�fCi 1� P'A �-Y:Q `yl �n b
Overview Legend Boundary
Subject Property
--------- r��Planning Area
BOA07-2778 �Paocg
Overlay District
FJ
Outside City
Legend
Hillside-Hilltop O erlay District
0 0.25 0.5 1
11/01/20
ides Board ofAdjustmet
BOA 07-2778 Prin
tteul 1
Page 12 of 12
leBOA Meeting of November 5, 2007
g 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: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: October 30, 2007
BOA 07-2789 (GILMOUR, 445): Submitted by BRETT PARK for property located at 1
E. PROSPECT STREET. The property is zoned RMF-24, MULTI FAMILY - 24
UNITS/ACRE and contains approximately 0.34 acres. The request is for a 23' rear
setback (a 2' variance) to allow for an addition and a 22' front setback (a 3' variance) to
bring a non-conforming structure into compliance.
Planner: Jesse Fulcher
BACKGROUND:
Property Description: The subject property is located at 1 E. Prospect Street, between
College and Park. There is a 1,754 square foot single-family home located on the
property, constructed in approximately 1956. The single-family structure is
nonconforming, preexisting current zoning regulations.
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single family residence RSF-4, Residential Single-family
South Single family residence RMF-24 and R-O, Residential Office
East Single family residence RMF-24, Residential Multi-family
West Single family residence RMF-24, Residential Multi-family
Proposal: The applicant proposes to add a total of approximately 459 square feet to the
existing structure, comprised of a 323 SF bathroom and a 136 SF screened porch.
Request: The request is two-fold:
1) The applicant requests a setback variance to bring the existing nonconforming
structure into conformity.
2) The applicant also requests a rear setback variance (south) to accommodate the
proposed addition to the home.
11/01/2007
Board of Adjustment
K:l Reports12007VHOA Repo tsl11-05-071BOA 07-27899(Gilmour).doc BOA 07-2789 Gilmour
Agenda Item 2
Page 1 of 14
Ordinance Requirement A licant+s Re uest
Existing Conditions
Front setback (North) 25' 22' (a 3' variance)
Proposed Conditions
Rear setback (South) 25' 23' (a 2' variance)
RECOMMENDATION:
Staff recommends approval of the requested variance to bring the nonconforming
structure into compliance with the following condition(s):
1. Other than the requested variance, development on the property shall
comply with all development regulations in the RMF-24 zoning district.
2. A building permit shall be obtained prior to commencement of any
construction.
Staff recommends denial of the requested rear setback variance. Should the Board
of Adjustment grant the requested variance, staff recommends the following
conditions:
1. The requested variance shall only apply to the requested expansion as
indicated on the attached site plan. All future additions shall meet applicable
building setbacks unless otherwise approved by the Board of Adjustment.
2. The subject variance shall not apply to future redevelopment of the property.
Additional Conditions/Comments:
BOUQ
ARD OF=AD�LTSlYTENT At"1 TON: C7 A
Date:,Navember 5.2007 . :Niafiori:. Second . , 'Yote.
CITY PLAN 2025 LAND USE PLAN DESIGNATION: City Neighborhood Area
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
11/01/2007
Board of Adjustment
K:IRorts120071BOA RePortsl]1-05-0780407-17899(Gi/mow).doc BOA
07-2789 Gilmour
Agenda Item 2
Page 2 of 14
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: That the structure predates current zoning ordinances and Master
Street Plan requirements is a special condition that is specific to the
subject property and structure. The home is an existing
nonconforming structure, dating from approximately 1956. Staff
finds the request to bring the existing structure into compliance
demonstrates sufficient special conditions to warrant granting a
variance for this request.
However, staff finds that the variance request to allow an addition
within the rear building setback does not demonstrate existing special
conditions or circumstances which warrant approval. The request for
encroachment into the rear setback is based solely on the desire of the
applicant to expand the size of the existing house. As a whole, the lot
is of sufficient width and area to allow for the construction of an
addition that would not encroach into the building setbacks.
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 will allow for the
continued existence of the nonconforming structure. However, as a
nonconforming structure, there are specific limitations to the amount
of improvements and expansions that may occur. These limitations
would deprive the applicant rights commonly enjoyed by other
properties in the same district.
Literal interpretation of zoning regulations related to rear building
setback would not deprive the applicant of rights enjoyed by other
properties in the same district. This property has been utilized for
single-family use for approximately 50 years and can continue to be
enjoyed in its current condition. Staff would recommend that the
owner modify the location and/or size of the proposed addition to
comply with the requirements of the RMF-24 zoning district.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
11/01/2007
Board of Adjustment
K:IReporo1200700A RepmtsW-05-071BOA 07-27899(Gi/mour).doc BOA 07-2789 Gilmour
Agenda Item 2
Page 3 of 14
Finding: The existing nonconforming nature of the structure predates the
applicant, and therefore does not result from the actions of the
applicant. However, the desire to expand the structure into the rear
building setback is an action of the applicant. Staff does not find that
the shape and/or size of the lot, or topography, or any other issues
presented in the applicant's request are a special circumstance
particular to this lot which would necessitate the need for a variance.
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 variance will not confer special
privileges on this applicant due to the unique and special conditions
associated with this property. However, granting the requested rear
building setback variance would confer special privileges on the
applicant. There is not a special condition or circumstance that exists
in this case that would be required to grant a variance of the rear
building setback.
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 5, 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.
11/01/2007
Board of Adjustment
K:IReports120071BOA Reports111-05-071BOA 07-27899(Gibnour).doc BOA 07-2789 Gilmour
Agenda Item 2
Page 4 of 14
Finding: The requested front setback variance is the minimum variance
necessary to bring the existing structure into compliance. The
requested rear setback variance is not justified by the reasons set
forth in the application. The applicant can still make reasonable use
of the lot while complying with the required setbacks. There is
adequate space for the applicant to construct an addition to the
exiting home and still meet all required setbacks.
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: Homes in the general vicinity have comparable problems with setback
encroachments. Granting a variance for the existing structure would
thus be in keeping with the overall character and harmony of the
neighborhood. The variance will not be injurious to the neighborhood
or otherwise detrimental to the public welfare.
Granting the rear setback variance would not be in harmony with the
general purpose and intent of zoning regulations that discourages
creating nonconforming structures. Also see Findings No. 1, 2, 3, and
3.a. However, the addition to the single-family structure is well within
the standard 20' rear building setback for single-family zoning
districts. Therefore, staff finds that the rear setback variance will not
be injurious to the neighborhood or otherwise detrimental 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: N/A
11/01/2007
Board of Adjustment
K.IReports120071BOA Reportsill-05-071BOA 07-27899(Gilmour).doc BOA 07-2789 Gilmour
Agenda Item 2
Page 5 of 14
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 1 City-wide uses by right
Unit Single-family dwellings
Unit Two-family dwellings
Unit 10 Three-family dwellings
Unit 26 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 25 Professional offices
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 1 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-farmly 6,000 sq.ft
Two-family 7,000 sq.ft.
Three or more 9,000 sq.ft.
Fratemi or Sorori 2 acres
Professional offices 1 acres
(3) Land area per dwelling unit.
Manufactured home 3,000 sq.ft.
11/01/2007
Board of Adjustment
K:IReperts120071B0A Repo,tsl I1-05-071BOA 07-27899(Gilmour).doe BOA 07-2789 Gilmour
Agenda Item 2
Page 6 of 14
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 .
E
Side Rear
8 ft. 25 ft.
ingle HHOD Single HHOD Single
Front Famil Side Famil Rear
8ft. 15 ft.
Two HHOD Two HHOD Two
Front Famil Side Famil Rear
8 ft. 15 ft.
Multi HHOD Multi HHOD Multi
Front Famil Side Famil Rear
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 It 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.
11/01/2007
Board of Adjustment
K.IReports1200700A Reportsl11-05-0700A 07-17899(Gilmour).doc BOA 07-2789 Gilmour
Agenda Item 2
Page 7 of 14
(PAR •
12 October 2007
Mr. Bob Kohler
Chair, Board of Adjustments
113 W. Mountain Street
Fayetteville, AR
Dear Mr. Kohler,
On Behalf of John and Tamara Gilmour, owners of the property at#1
Prospect Street, we request a 2'-4" variance of the front setback of their
home to address an existing non-conformity. We also request a 1'-7"
variance from their rear setback requirement for a master bathroom and
screened porch addition to their home. These requests are based on the
following points:
1) This residence's construction predates zoning requirements.
2) Granting the front setback variance resolves an existing non-conformity.
3) The zoning of this property is RMF 24, and the property is single family
occupancy. The adjacent properties are single-family occupancy as
well. The zoning across Prospect is RSF 4. Since this property is more
consistent with RSF 4 use, the need for a 25' rear setback represents a
special condition for this property. In order to accommodate a logical
addition to this home, an encroachment into the 25' rear setback by 1'-7°
still retains more than the 20' rear setback required for properties of this
type.
4) Literal interpretation of the provisions of this ordinance would deprive the
Gilmours of the rights commonly enjoyed by other properties in this
district. Specifically, the homes on the north side of Prospect are not
held to this setback requirement.
Sincerely,
Bret Park,
Park Company Architecture-Design
PARK COMPAW ARCHITEC PO BOX 733 FAY= ]LLE,AR 479527-6465
11/01/2007
Board of Adjustment
BOA 07-2789 Gilmour
Agenda Item 2
Page 8 of 14
�ARH •
12 October 2007
WRITTEN DESCRIPTION
John and Tamara Gilmour, owners of the property at#1 Prospect, request a
2'-4" variance of the front setback of their home to address an existing non-
conformity. They also request a 1'-7"variance from their rear setback
requirement for a master bathroom addition to their home.
The existing structure is a 1754 s.f. single-family residence. The Gilmours
would like to add approximately 323 s.f. for the bathroom addition and 136
s.f. for a screened porch.
PARK COMPANY ARCHITECTS PO BOX 733 FAYETTEVILLE.AR 479527-6465
11/01/2007
Board of Adjustment
BOA 07-2789 Gilmour
Agenda Item 2
Page 9 of 14
BASED ON SURVEY FROM OQ o
ALAN REID &ASSOCIATES
(DATED 06/22/04) ?p��
i
00
1b� �
p0 i N
O� Existing concrete
sidewalk
?P� Exfstin roof overhang ��� I10 I
GN i7, w
NEIGHBOR'S
DRIVE
10 9f0 or N
NhA 11 �
i I
Existing patio
' EXISTING HOUSE '
CONCRETE
DRIVE f I Proposed
. ' concrete steps
m / Proposed
roof overhang
O Y
Existing
rock
PROPOSED .^ /�p.� I Existing rock
N g - R retainingwall
iv to ADDITION 2
.9 w
�.
Proposed screened
O �� Maple . porch43 co °
Z lea O .
Pear
i o / N
_ 18" SITE PLAN
V, Maple o
I SCALE: 1"-20'
O L-1 33.40'
I 18"
MapfR-305.00'
e D-25'04'13"
GLEN-132.83'
BRCG=N64"44'3 T"E 10/15/07
O
1 8"
Maple
° PAR •
ARCH
VARIANCE REQUEST FOR P.O. BOX 733
TAMARA AND JOHN GILMOUR FAYEARE 27 2
#1 PROSPECT, FAYETTEVILLE, AR 72701 (479) 527-6465
11/01/2007
Board of Adjustment
BOA 07-2789 Gilmour
Agenda Item 2
Page 10 of 14 '..
- - - - - - - - - - - - - - - - - -
-- -
EXI5TING Y4E5T ELEVATION
SCALE: 115"= 1'-O" tj
Painted smart
trim fascia
New brick to match
existing,
New garage door
to match existing
Brick infill to match —
existing —
Existing garage door
EXISTING NEW
10/15/07
PROP05ED NE5T ELEVATION 4 - 0
SCALE: 1/5"- 1'-0" PAR
ARG
VARIANCE REQUEST FOR R.O. BOX 733
TAMARA AND JOHN GILMOUR FAYELLE AIR 21702
#1 PROSPECT, FAYETTEVILLE, AR 72701 (479) 521-6+6465
Board of Adjustment
BOA 07-2789 Gilmour
Agenda Item 2
Page 11 of 14
PARTIAL
EXI5TIN6 5OUTH ELEVATION
SCALE: 1/8"- V-0"
New brick to match Painted hardie siding
existing
Painted smart trim
Black aluminum screen
®Screened Porch
I
- -- ---- Soffit detail to match existing
y - New concrete
T T T
- — steps to the lawn
_ I
t PARTIAL
- - -j PROP05EV 50UTH ELEVATION 10/15/07
SGALE: 1/8°- 1'-0"
PAR •
ARG
VARIANCE REQUEST FOR P.O. BOX 733
TAMARA AND JOHN GILMOUR 1 AYE R 2702
#1 PROSPECT, FAYETTEVILLE, AR 72701 (4789) 5485
oard of lustment
BOA 07-2789 Gilmour
Agenda Item 2
Page 12 of 14
BOA07-2789 G I L M O U R
Close Up View
.ti ,'. ♦ Jzx�,', ��vS't?.1t��ik`.1`E� i��^;`t \�, ��'1`1Y�1 z., ?,.:,� ,tx} � ���13tt;;���'S..3,'� .. �ti�Mv��tiY�u' I ��\r , �,, l\�,SF '4`:\\.,�*t
WINGW
�S +� St+:✓ `tjl.`.th.t°;".. `,k � 5 Y �u k ..```.x la 4�„"l",�r i'�v�Si t^,U�., �i �� 4.Y'�
x
Y
Yew tai
QAGsec"`� r� .ev..rlc';
` }4
3t f
ara t 1X9 Y `tvo
✓i �3y�
.;; $tt �,
,
c
Overview
o„.�... 0 37.5 75 150 225 300 11/01/2007
Board of Adjustment
Feet BOA 07-2789 Gilmour
Acienda Item 2
Page 13 of 14
BOA07-2789 G I L M O U R
One Mile View
A
s
s
��1`� a_.y �il7 ,v rse.a��3i`�-e�� `si�s���� W '��13''•k.p,�'
�4Kp
BJECTPROPERTY
YyYY X51
yp
+1`
i 0 rf�� /cllEs�RN! an 37 S 4y Aa
.✓d*.-. BW,E __ �`�L^1��i b'����1� Iji� � � � Y+u�'�, " �y`>1a'���i"+h�'"�$'�
F R�7ro��F,"iko ' — �ibwsi='�*��-" h::h�� ' ��^1'a''� ��} !' i��'"xs�� "•��:�Y
,1A
NUN MAP
ON
'\✓Y31 �f � ISL �r�-dsv s� �� � __ _ �=c3�i. �37* ` iu.YCYi � I"'"�1 e�4
^v
i
D
d r 9 li
ATL
T17
Overview Legend Boundary
Subject Property
N, Planning Area
-- BOA07-2789
❑ .�000�Overlay District
Outside City
Legend
® Hillside-Hilltop O erlay District
0 0.25 0.5 1 11/01/2Board of� ustme't 0 7
HeS BOA 0727891Gilmo r
Age da+tWr 2
Page 14 of 14
T g BOA Meeting of November 5, 2007
� y �U�
ARKANSAS
s
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: October 30, 2007
BOA 07-2790 (KRYZANOWSKI, 485): Submitted by BRET PARK for property
located at 307 E. SUTTON STREET. The property is zoned RSF-4, SINGLE FAMILY -
4 UNITS/ACRE and contains approximately 0.10 acres. The request is for building
setback, lot width and lot area variances to bring the existing house into compliance and
for a building setback variance for a new addition into the west side setback.
Planner: Jesse Fulcher
BACKGROUND:
Property Description: The subject property is located at 307 E. Sutton Street, between
Willow and Walnut. The property contains approximately 4,500 SF in a lot measuring 50
feet wide by 90 feet deep. Currently a 1,300 square foot single family home is located on
the property, constructed in approximately 1926. The lot and structure are
nonconforming, preexisting current zoning regulations. The home currently encroaches
well within all required building setbacks, and the lot does not meet the bulk and area
requirements of the RSF-4 zoning district (Min. 70 feet wide and 8,000 SF area).
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single family residence RSF-4, Res. single family, 4 units/acre
South Single family residence RSF-4, Res. single family, 4 units/acre
East Single family residence RSF-4, Res. single family, 4 units/acre
West Single family residence RSF-4, Res. single family, 4 units/acre
Proposal: The applicant proposes to add a total of approximately 624 square feet to the
existing structure, comprised of a 305 SF family room, 166 SF screened porch, and a 153
SF deck.
Request: The request is two-fold:
1) The applicant requests a lot width, lot area and setback variances to bring the
existing nonconforming lot and structure into conformity.
2) The applicant also requests a side setback variance (west) and rear setback
variance (south) to accommodate the proposed addition above the garage.
11/01/2007
Board of Adjustment
BOA 07-2790 Kryzanowski
Agenda Item 3
K.IRepons120071BOA Reporislll-05-071BOA 07-2790(Kryzanowski).doc Page 1 of 20
Ordinance Applicant's Request Pre-existing
Requirement
Existing Conditions
Lot width 70' 50' (a 20' variance)
Lot area 8,000' 4,500 SF (a 3,500 SF
variance)
Front setback (North) 25' 22' (a 3' variance)
Rear setback (South) 20' 9' (an 11' variance)
Side setback (East) 8' 3' (a 5' variance)
Side setback (West) 8' 1' (a 7' variance)
Proposed Conditions
Side setback (West) 8' 0' (an 8' variance)
Rear setback (South) 20' 8' (a 12' variance)
RECOMMENDATION:
Staff recommends approval of the requested variances to bring the nonconforming
portions of the lot and structure into compliance,including the following:
1) Request for lot width variance of 20' for a total 50' lot width.
2) Request for lot area variance of 3,500 SF for a total 4,500 SF lot area.
3) Request for front setback variance of 3' for a total front setback of 22'.
4) Request for a rear setback variance of 11' for a total rear setback of 9'.
5) Request for a side (east) setback variance of 5' for a total side setback of 3'.
6) Request for a side (west) setback variance of 7' for a total side setback of 1'.
Staff recommends approval of the requested variance to allow for the proposed
building expansion, including the following:
1) Request for a rear setback variance of 12' for a total rear setback of 8'.
2) Request for a side (west) setback variance of 8' for a total side setback of 0'.
The following conditions of approval shall apply:
1. No expansion of the existing structure, without Board of Adjustment
approval, shall occur within the building setbacks, with the exception of that
noted herein.
2. A building permit shall be obtained prior to commencement of any
construction. All existing structures, easements and utilities shall be located
on the site plan submitted for building permit consideration.
3. In no way shall the approved variance grant exceptions from the Building
Code. Structures constructed near or on property lines often must comply
with more stringent building codes, such as non-combustible materials,
different fire ratings, etc. The applicant shall comply with these
requirements or adjust the structure accordingly, at the time of building
11/01/2007
Board of Adjustment
BOA 07-2790 Kryzanowski
Agenda Item 3
K.Reports1200700A Reporo/I-05-07WA 07-1790(Kryzanowski).doc Page 2 of 20