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Home My WebLink About2005-12-05 - Agendas * le aye I ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 113 W.Mountain St. Favetteville,AR 72701 Telep�oue:(479)575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT Monday,December 5,2005,3:45 p.m. Room 326,City Administration Building The following items will be considered: New Business: 1. BOA 05-1843 (BOZARTH,527): Submitted by LEON M.&ELAINE A.BOZARTH for property located at 2761 TRAVIS LANE. The property is zoned RSF4,RESIDENTIAL SINGLE FAMILY and contains approximately 0.29 acres. The requirement is for a 25' front setback and an 8' side setback. The request is for a 2'front setback(a 23'variance)and a 2' side setback(a 6' variance). Planner: JESSE FULCHER 2. BOA 05-1844(DICKENSON,522): Submitted by CHIP&WYNN DICKENSON for property located at 103 S- DUNCAN AVENUE. The property is zoned RMF-40 RESIDENTIAL MULTI FAMILY and contains approximately 0.42 acres. The requirement is for a 90' lot width and a 15' side setback. The request is for an 85' lot width(a 5'variance)and a 4' side setback(a I F variance). Planner: SUZANNE MORGAN 3. BOA 05-1845 (THEP THAI RESTAURANT, 601): Submitted by AFHJ ARCHITECTS & PLANNERS for property located at 1525 S. SCHOOL. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.34 acres. The requirement is for a 50' front setback. The request is for a 28' front setback (a 22' variance) to bring the existing nonconforming structure into compliance. The applicant also requests an additional variance for a 12' front setback (a 3 8'variance)to allow for the addition of two pergolas for outdoor dining. Property Owner: SUPHAN GINGSUMRONG Planner:JESSE FULCHER 4. BOA 05-1846(STEPHENSIFOUR SEASONS SUNROOMS,322): Submitted by BILL BOSS for property located at 4270 W.MT.COMFORT RD. The property is zoned RSF-I,SINGLE FAMILY- I UNIT/ACRE and contains approximately 1.07 acres. The requirement is for a 35'rear setback. The request is for a 21'rear setback(a 14'variance.) Planner:JESSE FULCHER 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,Aj kansas. 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 inMpreter,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. 2005 Board of Adjustment Members Sherrie Alt Michael Andrews (Chairman) Michael Green Robert Kohler Bob Nickle Eric Johnson Karen McSpadden BOA Meeting of December 5,2005 7ayM J 125 W. Mountain St. 1 Tj- ARIKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Current Planning Director DATE: November 29, 2005 BOA 05-1843(BOZARTH,527): Submitted by LEON M. &ELAINE A.BOZARTH for property located at 2761 TRAVIS LANE. The property is zoned RSF-4,RESIDENTIAL SINGLE FAMILY and contains approximately 0.29 acres. The requirement is for a 25' front setback and an 8' side setback. The request is for a 2' front setback(a 23' variance)and a 2' side setback(a 6' variance). Property Owner: Leon Bozarth Planner: Jesse Fulcher RECOMMENDATION: Staff recommends denial of the requested front and sidebuilding setback variances based on 'the findings herein, and recommends that the existing-structurell be removed or relocated outside of the required building setbacks: BOARD OF ADJUSTMEMT ACTION: 0 Approved 0 Denied Motion: 'Second: Date: December�5,20051 'Vote: BACKGROUND: Property description: The subject property is located at 2761 Travis Lane,west of Stonebridge Rd and north of Huntsville Rd. On October 5, 2005 a neighbor filed a complaint with the Building Safety Division regarding a carport(boat cover) that was erected on the subject property without a building permit(photos depicting this structure are provided in this report). Mr.Bozarth contacted the Building Safety Division the same day as the complaint and stated that they would come in for a K.Wepor&120051BOA ReporM12-5-05BOA 05-1843(Bozarth).doc December 05,2005 Board of Adjustment BOA 05-1843(Bozarth) Page 1.1 building permit. As of October 17 th'no one had applied for a building permit;accordingly Building Safety mailed a violation letter to the owners. The owners applied for a building permit on November 8,2005 however, the location of the carport did not meet required setbacks. Therefore, the applicants have requested a variance from the front and side setback requirements. Proposal: The owner has erected a 14' x 24' carport in the driveway, for the purpose of covering a boat. The owners have applied for the variance so that the carport can remain in its current location. Table I Variance Request Variance lssu� Ordinance Requirement plicant's Request Front Setback 25' 2' (a 23' variance) Side Setback 8' 2' (a 6' variance) SURROUNDING LAND USE AND ZONING: —Direction Land Use Zoning from Site North Single Family Residence RSF-4, Residential Single-Family RSF-4, Residential,Sin' e-Family South Single Family Residence I I g� East Single Family Residence RSF-4, Residential Single-Family West Single Family Residence RSF-4, Residential Single-Family GENERAL PLAN DESIGNATION: Community Commercial 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/Aliptication. 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: There are no special conditions or circumstances which ar pe K.WeporisI2005WOA ReporLYU2-5-0500,4 05-1843(Bozarth).doc ellikJAM,2005 Board of Adjustment BOA 05-1843(Bozarth) Page 1.2 property or structure involved with this request. This lot was platted in 1990 in accordance with current zoning regulations and has ample space on the property to erect a carport which does not encroach within the building setbacks that are applied to all surrounding properties. The fact that the applicant was not aware of the setback regulations does not make this circumstance unique or peculiar. 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 setback requirements will not deprive the applicant of any rights enjoyed by surrounding properties. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The request for a building setback variance is a result of the actions of the applicant. Planning staff cannot approve the requested building permit for construction of a carport in this location due to the existing setbacks. Had the applicant applied for the permit prior to erection of the structure, staff could have worked with the applicant to locate the structureappropriately on the lot. As the applicant has already constructed the carport.and is now requesting the variance,staff finds that there are no conditions unique to this variance request that are not a result of the actions 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 setback variances would grant special privileges on this applicant which are denied to surrounding propertpies.within the same zoning district. J 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures,or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No other nonconformities were considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. December 05,2005 KIReports12005tB0,4 Reportsl]2-5-05MA 05-1843 fflozarth).doc Board of Adjustment BOA 05-1843(Bozarth) Page 1.3 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,December 05, 2005. 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 front and side setback variances are the minimum variances necessary to accommodate the proposal. 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 building setback variances Will not be in harmony with the general purpose and intent of zoning regulations, and will not be compatible with surrounding properties. C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended denial of this variance request. d. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: An accessory structure to the principle single family use,which consists of less than 49% of the total area of the principle structure, is permitted within the RSF-4 zoning district. December 05,2005 K-Weports120051BOA Reportsl]2-5-051BOA 05-1843(Bozarth).doc Board of Adjustment BOA 05-1843(Bozarth) Page L4 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- ,wide uses by right 11 Unit 8 1 Single-family dwelling (2) Conditional uses. -Unit 2 City-wide uses by conditonal use Permit Unit 3 Public Protection and utility facrilifies Unit 4 Cultural and recreationaf facilities Unit 9_ Two-family dwellings Unit24 Home occupations Unit 36 Wireless communicators facilities (C) Density- �-family ly ngs C�l Si 1 7 or less (D) Bulk and area regulations. Single-farmly Two-family dwellinqs dwellings Lot minimum width 70 ft. 1 80 ft. Lot area minimum 12,000 sq.ft. Land area per 8,000 sq.ft. 6,000 sq-ft- dwellin unit (E) Setback requirements. ir 11JR55T 1 8ft. 20 ft- (F) Height. None. (G) Buildingarea. 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) December 05,2005 K.-Weports12005IBOA ReportW2-5-05WOA 05-1843(Bozarih).doc Board of Adjustment BOA 05-1843(Bozarth) Page 1.5 City of Fayetteville 113WestMountain Fayetteville,AR 72701 Service Request Detail (479)521-7700 Fax(479)575-8316 ---Page 1 Report Date 11/30/2005 04*31 PM Submitted By Service# 28936 Problem BDO02 BUILDING WITHOUT PERMIT Address 2761 E TRAVIS ST FAYETTEVILLE AR 72701- Call Date—10-105/200-5 1112— —Prionty 03 LOW PRIORITY Duration of Call 00:00 Taken By 816 CATTANEO,STEVEN M. Responsibility BD BUILDING SAFETY #of Calls I Source CALLIN Project Customer Contact Requested Budget# Schedule (inspected) I Inspect Inspected from 10/06/2005 08 29 AM to 10/0612005 08:29 AM by 2636 DENNIS SANDERS. Resolve Overdue for resolution as of 10114/2005 11 12 AM. Location Area Sub-Area District Map# Parcel Template Type A/P# Asset Name ISAACS First,Ml ELSA, Title Address City State/Province ZIPIPC Country Foreign Reference# E-Mail REDBIRD7@ALLTEL.NET Day Phone (479)582-5885 x Evening Phone Call Date 10/0512005 11,12 Taken By 816 comments The owners to 2761 put up a large carport,rapidly,in one afternoon. No permit is visible,no variance either. When I asked Mrs.Bazarth about the missing permit,she said,"We have that covered."and walked away- I told her I'd call the city(4:50pm!). Their phone numbers are 582-0168 582-0053 What can be done9.....Elsa Isaacs 01A There are no additional callers for this service number Comments 10/5105 No record of permit at this address. Called number given by citizen and left message on recorder to contact me...SMC OOR Leon&Elaine Bozarth,2761 Travis,Fay.72701 101515 Mr-Bozar(h called and he will be in asap to make application for a permit. SmC 1016/05 portable met.. carport.owner needs to check with planning to make sure the building is within setbacks.need a permit-DLS. 10/17/05 No one has made application for permit Sending Violation Notice Certified mail...SMC 11/1105 Owner called.They are going to the Board to ask for a variance to allow the carport. They will apply for permit. SMC December 05,2005 Board of Adjustment i BOA 05-1843(Bozarth) Page 1.6 November 1, 2005 Dear Chauman, A. Our existing residence contains two driveways. No other residence in our neighborhood has that condition. We would like to have a portable boat cover to protect our boat from the weather. B. Our adjoining neighbor to the East has a large portable cover for their travel trailer. C. The extra driveway was built when the house was constructed approximately 14 years ago, and has been used for parking a boat. The cover is needed to protect the boat. D. Again, we are the only home on this street with an extra concrete driveway. We own two additional houses and lots within one square block of our residence. We have color matched this portable boat cover and wouldn't do anything to decrease our own property value or that of our neighbors. If we should ever decide to sell or move; we will dismantle this portable cover and remove it from the extra driveway and property- Thhank ou, 293 L 0 eo Bozarth December 05,2005 Board of Adjustment BOA 05-1843(Bozarth) Page 1.7 PLAT-OF-. SURVEY T R AV IS S T R E E T 4' CON C. S/W R 90.0, W % qx�.4tje 13oAr ovirg DRIVE BLDG f -X; ;---------- n 3 C.S.W. I I P 0 R C H SINGLE STORY BRX 8 FRM 2761 0 J—S/"? 22, is.11 CONC PATIO AW reAlf T- 9 jw � L 0' T 'h IRAIE STOR. UTIL. ESMT tW4 A�0-c T A-i (A ORIOINA L LOT "R. 90.0, Q, -�C A LE 30 SURVEY DESCRIPTION CERTIFICATION Lut Numbered Eleven (11) of Stopebridge Subdivision, a ecetipber 05,JPO or - ek subdivision to the City of Fayetteville, Arkansas as per plat of I hereby ce tLq L I a a WPM", said subdivision on file in the office of the Circuit Clark and I have CO211A 115�i . Int I psy r, ) Ex-Officiv Recorder Of WaShiflQtGn County, Arkansas. above desc e an s h a I lawn t �d�ions to be as 7shownfiereon. C, Owners: Leon & Elaine Bozarth �,,7000: Iss OZ 4, f -— --------- ------ PIP- -�!LL Al 31 OF ........................ tl rk, BOA05-1843 BOZARTH Close Up View dE N 12 �C AL 112316 FMXR RD MAI E im SUBIE ROPERTY TRAVIS ST -HOLMES DR Legend '9 Overlay District FLOODWAY 500 Y� 100�AR --- LIM T OF STUDY 11 Bas.Une Profile Fayetteville Outside City BOM5-1843 December 05,2005 Board of Adjustment �or.GDB.Footpnrt 2004 BOA 05-1843 (Bozarth) U M 75 150 300 --450 600 Page 1.11 BOA05-1843 BOZARTH One Mile View RA J J 'v 0 P RS e I no- OF 295 I............ .�11 if If PIN L LN CK I —7 SUBJECT PROPERTY if RPM RM�24 R�4 RW� rk 4 RA -R RSF c� -12 —e r 2 R-A R5F- P1 'FWR24 RM RSF� 1-2 -RI3 ;r 71� R$ F G-2 RSF4 672 RSF Z:::74 7" R-W4Ft RIC <\ Rj�*-24, I- RIA RA RIK F F RSF4 R RA sF,t R-A Overview Legend Boundary Subject Property Planning Avea BOA05-1843 Oveflay District Outside City F-1 December 05,2005 Legend ----- -- Board of Adjustment % 0 0.120.25 0.5 0.75 BOA 05-1843(Bozarth) fles Page 1.12 BOA Meeting of December 5,2005 7ave 1,evillie 125 W. Mountain St. d ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE,ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Current Planning Director DATE: December 1, 2005 BOA 05-1844 (DICKENSON, 522): Submitted by CHIP & WYNN DICKENSON for property located at 103 S. DUNCAN AVENUE. The property is zoned RMF-40 RESIDENTIAL MULTI FAMILY and contains approximately 0.42 acres. The requirement is for a 90' lot width and a 15' side setback. The request is for an 85' lot width (a 5' variance) and a 4' side setback (a I I' variance). Property Owner: Ed& Sarah Mick Planner: Suzanne Morgan RECOMMENDATION: Staff recommends .approval of the requested 5' lot width variance and 111 side setback,. 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 redevelopment of the property or reconstruction of the existing structure, including the exterior staircase north of the structure. 2. The variance shall apply to the footprint of the existing structure and staircase as shown in the attached site plan and shall not be construed to allow further future development within the building setbacks. 3. Any proposed reconstruction or proposed development shall comply with all development regulations in the RMF-40 zoning district and multi-family developm I ent- pproyed B. ION- M JI)JUSTME TACT n6 o ion*, S d. -V A" a te, 0-5 2,OL5 e-- 2005 Board of Adjustment BOA 05-1844(Dickenson) Page 2.1 BACKGROUND: Property description: The subject property is located at 103 S.Duncan Avenue,south of Center St. and cast of Fayetteville High School. The home on the property was built in the late 1920's,prior to current regulations regarding setbacks and lot size. Since its construction, the home has been used for multi-family use and presently for single-family use. The property is zoned RMF-40 and contains approximately 0.40 acres. Proposal: The applicants propose to return the home to multi-family use containing 6 units(two-2 bedroom and four-I bedroom). Additionally, the stairs located on the north side of the home are in disrepair and need to be replaced,but are located within the side setback. As depicted in Table 1,the applicant is requesting a 5' lot width variance for a total lot width of 85' and a 4' side setback variance for a total side setback of 11'. The typical side setback of a property within the RMF-40 zoning district is 8'. However,there is a height regulation that requires the side setbacks to increase one foot for each foot in height over 20'_ The height of the structure to the north is approximately 26.2' and requires a 15' side building setback. Height requirements appear to be met to the south. Approval of this variance request would bring the existing nonconforming structure into compliance and allow the owner/applicant to replace the existing staircase and improve the existing structure. Table 1 Variance Request Variance issue Ordinance Requirement Applicant's Request Side Setback(north) 15' 4' (a 4' variance) Lot Width 90, 85' (a 5' variance) SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning from Site North Single Family Residence RMF-40, Residential Multi-Farnily South Single Family Residence RMF-40, Residential Multi-Family East Single Family Residences RMF-40, Residential Multi-Family West Fayetteville High School P-1, Institutional GENERAL PLAN DESIGNATION: Residential KlReports120051BOA Reportsl]2-5-05WA 05-1844(Dickenson 103DUncan)-doc December 05,2005 Board of Adjustment BOA 05-1844(Dickenson) Page 2.2 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: I 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: There are special conditions and circumstances that exist which are peculiar to the structure and the lot. The existing home was built and the lot was platted prior to current zoning regulations. Approval of the location of the structure as it exists will no more encroach upon the property to the north than the current conditions. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would not allow the owner to do exterior repairs to the existing staircase. The property is almost entirely surrounded by RMF-40 zoned properties. Allowing a 5' variance to the lot width will allow multi-family development on the property compatible with the surrounding developed properties. Additionally,granting a variance of the side setback requirement will allow the property owner to remodel and existing and historic home in the area. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: That the applicant would like to utilize the property for three or more dwelling units and improve the structure by reconstructing the stairs is a result of the applicant and would require the variance requests. That the home and lot were in existence prior to the adoption of current zoning regulations is not a result of the actions of the applicant. The development of this property for multi-family use is consistent with the surrounding land use. 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. K-tReportYA20051BOA Repor�112-5-05BOA 05-1844(Dicknson 103 Duncan).doc December 05,2005 Board of Adjustment BOA 05-1844(Dickenson) Page 2.3 Finding: Granting the requested lot width and side setback variance will not confer special privileges. The reduced lot with and side setback is consistent with the surrounding residential development. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures,or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No other nonconformities were considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,December 05, 2005. 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 and lot width variances are the minimum variances necessary to accommodate the proposal. b. Harmony with General Purpose. The Board of Adjustment shall farther 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 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. K.WeportW0051BOA ReporlsI12-5 ORROA 05-1844(Dickenson 103 Duncan).doc December 05,2005 Board of Adjustment BOA 05-1844(Dickenson) Page 2.4 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: A multi-family residence is a use permitted by right in the RMF-40 zoning district. K.WeporaL700500A ReportsI12-5-05WA 05-1844(Dickemon 103 Duncan).doc December 05,2005 Board of Adjustment BOA 05-1844(Dickenson) Page 2.5 161.14 District Rmf-40,Residential Multi-Family—Forty Units Per Acre (A) Purpose- The RMF-40 Multi-family Residential District is designated to protect existing high density Multi- family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted uses. Unit I Ci de uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-family dwellings (2) Conditional uses. Unit 2 City-wide uses by wnditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park' Unit 24 Home ocwpation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 16 to 40 (D) Bulk and area regulations- (1) Lot width minimum. Manufactured home park 100 Lot within a manufactured home park 50 ft- Single-family 60 ft. Two-family 60 ft. Three or more 90 It. Professional offices 100ft. Lot area minimum. Manufactured home park 3 acres Lot within a manufactured 4,200 sq.ft. home park Tomhouses: Development 10,000 sq-ft- Individual lot 2,500 sq.ft. Single-family 6,000 sq.ft. Two-family 6,500 sq.ft. Three or more 8,000 sq-ft. Fraternity or Sorority 1 acre (3) Land area per dwelling unit. Manufactured home 1 3,000 sq-ft. K_Teports1200500A ReporuU2-5-05180A 05-1844(Dicke�on 103 Duncam.doc December 05,2005 Board of Adjustment BOA 05-1844(Dickenson) Page 2.6 Towrihouses&apartments No bedroom 1,000 sq-ft One bedroom 1,000 sq-ft. Two or more 1,200 sq.ft bedrooms Fraternity or Sorority 500 sq-ft-per resident (E) Setback requirements. Front Side Rear 25 ft. 8fL Cmss 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. (G) Building area.None. K.[Reporu120051ROA ReporisII2-5-05180A 05-1844(Dickemon 103 Duncan).doc December 05,2005 Board of Adjustment BOA 05-1844(Dickenson) Page 2.7 PL4r&sunmy Foil EDIVA RDA. a ELIZABETH S. MICK Men 1. 13 W- �fflr-30* v MAIL 0 votmmmm 9 GEFIRORFIN —X-1—ratell Poo POWTOF 9EORWW S89*411E 215.4' 3 STORY FRAME 0 'i 103 S- OUNCAU AV 0.42 ACRES& 0 a d A a-SLD(r-svjx-� . . . . . Sao, Room ........1141 l=AL DESCREMON RAM 0 A part of the NW114 of the SWI/4 of Section 16, Township 16 -06- North, Range 30 Weak being mom particularly described as follows: Beginning at a point that is South 705.0 fed firent the Nodhemt comer of the NWI14 of the SWI14 of said Section 16 and running U �v-.........r thence South S&O Inet;thesm N99-419W 21&4 fect;then=North no feet; theaft SW411E 215A fed to the point of beginning, containing 0.42 acres, meem or lcss� City of Fayetteville, Washington County,Arkansas. Subject to(be South Dancan Avenue right�fwsy along the FAUd SURVEYOR'S CERTIFIC&TIOM I herelT fine and any other carearsents wrallor rlglut-of�ys oftecard. cart*that I have surveyed the home decribed trad and the the prop" thats and comer mementoes am to the best of ray Juarratedg-a" Bases Sar Dmdo,, Warranty I� Ability,correctly esWbU*a An sheave.Also,any 61&1�93-10434i.ff�Offam.tfltr casements andfor escroachowerts mutated by said Cf�t�.�IDa-afflkib��. Wa.kinghat Caawy,Ark. �D (�ERTIFICATION: Tbe ka�d.d,.dbd tract is& VVHJAAMC—JE17 PLSK0.628AR a o*4lmM a. and rat eW.Abe 100 rI Read phia. PcrMWM.p85I43C8092C� DAM 'Vmfiw��ivu - IS2 CEDAR St. D'L FAVETIEVRU AR 72M Boa. Fail WI-sat BOA 05-1 SM WlehensojkL 131 ragez.zi Variance Request for 103 S. Duncan Ave. I I Nov 05 *Current Building size 4266 sq ft- Vroposed: No Change *Number of off-street parking spaces to be provided: I I *Number required: 8 Variance requested: 1.) 161.14 District RMF-40 requires 90'wide lot width for three or more units. Request a variance of, 5' for 85' lot width to return 103 S. Duncan to multi-family dwelling. 2.) Stairs on the nortli of the building encroach into the 8' BSB. Stairs are in disrepair. We would like to replace the stairs with an equal encroachment into BSB. Notes: The lot is .42 acres and is large enough to allow 16 units under RMF-40. We plan 6 units total(two 2br units and four lbr units' with.a total of 8 bedrooms. There are several other large older houses used as multi-family on Duncan Ave. and'LEH St. and with the close proximity to the U of A campus we feel 'UW-t there is a need for more housing Nxithin walking distance. LO Chip Dickenson DicIzenson F Properfies,DIT LLC 811 N. Highland Ave. Fw),etttevihle, AR, 72-7011 47,99-41099-5 8-10 December 05,2005 Board of Adjustment BOA 05-1844(Dickenson) Page 2.9 Chairman, Board of Adjustment I I Nov 05 Dear Chairman, Attached is a variance request for 103 S. Duncan. The Micks have owned the home for several years during winch they have used it primarily as a single-family residence. Prior to the Nfick's ownership the house was used as a 5-unit dwelling. We propose returning the house to multi-family use. RW40 requires 90' frontage for 3 or more units. We are requesting a variance of 5' to allow multi-family use with an 85' wide lot. Additionally, the stairs to the north of the building encroach into the 8' BSB, and they are in disrepair. We would like to replace them with equal size stairs. There are several other examples of large older houses being used as multi- family in the proximity of 103 S. Duncan. We will keep the look of a single family home while using the home as multi-family. There is a demand for this type housing within walicing distance to the U of A. Thank you foryour consideration of this variance. Sincerely, Uq GD(.Nv�� Chip & Wynn Dickenson Dickenson Family Properties,DFP LLC 811N. MghlandAve. Fayetteville, AR, 72701 479409-5810 December 05,2005 Board of Adjustment BOA 05-1844(Dickenson) Page 2.10 BOA05-1844� DICKENSON Close Up View 4L O� am L ST SUBJECT PROPERTY a] -AN�ST �P�MA�N� J'(JTMANST-- Ell 'ZI STONE ST qp STONE ST ----------- STONEST FW' Legend 00 Oeday Di.Wd FLOODWAY 500 YEAR �900 100YE� LIMIT OF STUDY Basel-ine Profile ---I r Fayefteville m Oulside city BOMS-1844 December 05,2005 MW v�WrGI)B.Footprint 2004 Board of Adjustment BOA 05-1844(Dickenson) 0 75 150 300 450 600 Page 2.11 ;;;pm Feet ...... ......... BOA05-1844 DICKENSON One Mile View a- !R-,o i, Rip" c R V t ;414,4--f�R Rli 'W, 4,�RSFA --!J" R -Rsl�. F 40 R PA �Al RSF4 P-1 *0-so, —..�—Tg�*�MAR M 1�eM 1D P-1 Zz:�- R R� -2'�, R-A RW-,4 f`R� --- J�Wk SUBJECI PROPERTY PRf f1i orJ §k-F ADOW ST rr ------ V fffi�21 A P-1 "k, --T-- 4 JI- 2� C-a Rl� -P-1 P I �F-241 ST.!! RW-24 '-1VATE QR- 5Z ," -I R�Fl. -T Z4 -13Z 44 2 L W L,16-� "D 7. T c� F-2 i T. -J M RdA MF�24 �2 �.61R-AG—E 79%, -C�rZ--;f--,,R �2 0 RPM -2 A, PRN I��l L�J 0�2 �2 W� IRIVA o T W-12 'i R Overview Legend Boundary Planning Area Subject Property 13OA05-1844 �P---% Owday District Outsid.City F I------ Legend December 05,2005 % Board of Adjustment 00.120.25 0.5 0.75 1 BOA 05-1844(Dickenson) 0 �� P�iles Page 2.12 BOA Meeting of December 5,2005 ftoft 125 W. Mountain St. ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJ-USTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: December 1, 2005 BOA 05-1845 (THEP THAI RESTAURANT, 601): Submitted by AFHJ ARCHITECTS & PLANNERS for property located at 1525 S. SCHOOL. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.34 acres. The requirement is for a 50' front setback. The request is for a 28' front setback (a 22' variance) to bring the existing nonconforming structure into compliance. The applicant also requests an additional variance for a 12' front setback(a 38' variance)to allow for the addition of two pergolas for outdoor dining. Property Owner: SUPHAN GINGSUMRONG Planner: JESSE FULCHER RECOMMENDATION: Staff recommends approval of the requested 22' front setback variance for thc,,existing structure as shown on the attached survey with the following conditions: 1. Future alterations or additions to any existing structures shall meet-required building setback regulations from the Master Street Plan, unless otherwise approved by the Board of Adjustments. 2. The addition of a gross floor area to the existing building will require improvements to the nonconforming parking lot as required by Chapter 172.08 Nonconforming Parking Lots. These improvements will be reviewed at the time of building permit and will include adding landscaping to the streetfrontage and,to the.interior of the �'property. 3. All required permits shall be granted prior to any construction or repair of the existing structures. Staff recommends denial of the requested 12' front building setback (an additional 161 encroachment)for the addition of two pergolas. Should the Board of Adjustment find in favor of the requested variance,staff recommends the following conditions of approval in addition to those listed above: 4. No structure shall be built within the required 151 landscape area adjacent to the Master Street Plan right-of-way. K.-WeportsLW05180A Reports112-5-05180A 05-1845 CThip Yhai Restaurant)-doc December 05,2005 Board of Adjustment BOA 05-1845(Thep Thai Restaurant) Page 3.1 5. The pergolas (or any other structure(s)) built within the requested setback shall remain open on all sides, other than the roof structure. Additional Conditions/Comments: — enle "d dz v BOARD "'Pp) K, -S econ Date: bbccm�60:� voten-� BACKGROUND: Property Description: The subject property is located at 1525 S. School, south'of 15"' Street. Currently,there is a 2,064 square foct restaurant located on the property with 33 parking spaces. The building was constructed in 1969 with a 40' setback. Table I Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Car Lot C-2, Thoroughfare Commercial South Oil Company C-2,Thoroughfare Commercial East Retail C-2, Thoroughffire,Commercial West Salvation Army Thrift Store C-2, Thoroughfare Commercial Proposal: The owners are proposing 5 separate additions to the existing building. These include a greenhouse on the southwest comer,new entry way on the north side of the building,two open-air pergolas on the cast side,a new hallway for access to the restroorns,and an enclosed storage area on thewestside. The proposed additions would add approximately 500 square feet to the existing 2,064 square feet. K.-WeportA2005WOA Reports112-5-05DOA 05-1845 07up lhaiRestauran#.doc December 05,2005 Board of Adjustment BOA 05-1845(Thep Thai Restaurant) Page 3.2 Table 2 Variance Request Variance Ordinance Requested Variance Issue Requirement Setback Front setback(east) 50' 28' 22' Additional variance request for Front setback(east) 50' 12' 38' C-2, Thoroughfare Commercial Front 50 ft Side None Side, when contiguous to a residential 15 ft. district I Rear 1 2 )ft. GENERAL PLAN DESIGNATION: Community Commercial 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: There are special conditions and circumstances that exist which are peculiar to this structure. The structure was built inl969 and was setback from the existing right-of-way. It is appropriate to vary the required setback in this circumstance since the building was constructed before the designation of S. School St. as a Principal Arterial. The granting of a 221 variance will allow for improvements to be made to the existing building. Staff does not find that special conditions exist which would allow for the erection bf1structures further into the required setbacks. Ample space ,is: available for the erection of outdoor seating without the requirement of a variance. Additionally, the applicant can provide outdoor dining within the front building setback, if all structures are less than 30" in height. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would not allow for additions to the existing structure. The applicant is requesting a variance for the minimum front building setback to allow for renovations to the building. K,LReportsL70051BOA ReporM]2-5-051ROA 05-1845(Th(P MaiR�taurano.doc December 05,2005 Board of Adjustment BOA 05-1845(Thep Thai Restaurant) Page 3.3 The literal interpretation of the provisions of the zoning regulations would not deprive the applicant of rights commonly enjoyed by other properties in the same district. There is adequate room on-site to provide for additional seating, both indoor and outdoor. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The nonconforming structure is not an action of the applicant. This lot and others within the surrounding area were platted prior to adoption of the Master Street Plan, current zoning regulations and ownership by the applicant. The request for an additional front setback variance for the purpose of constructing pergolas is a result of the applicant Allowing additional structures in front of the existing nonconforming building would be contradictory to the intent of Chapter 164.12 Nonconforming Uses and Stuctures. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165,to other lands, structures, or buildings in the same district. Finding: Granting the requested setback variances will not confer special privileges,on: this property. The structure was approved and built in a location based owthe City's ordinances in 1969. Since then,setbacks and required right-of-way has changed. Without a variance,the current owner is prohibited from adding any additional square footage, or making any substantial improvements to the building. Granting the requested variance to allow the applicant to erect structures which further encroach into the required setbacks would confer special privileges that are denied by Chapters 160-165. Nonconforming Uso.' No nonconforrhing use of neighboring lands, structurcs�or,: buildings in the same district, and no permitted or nonconforming use of lands, structures,or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No other nonconformities were considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. I Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. K-IReporaI2005WA ReportsI12-5-051BO,4 05-1845(ThLp naiRestaurano.doc December 05,2005 Board of Adjustment BOA 05-1845(Thep Thai Restaurant) Page 3.4