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HomeMy WebLinkAbout2006-04-03 - Agendas f , 7aye i ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Tdephone:(479)575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT Monday,April 3,2006 at 3:45 p.m. Room 326,City Administration Building The following items will be considered: Approval of minutes from December 2005 and March 6,2006 meetings. 1. BOA 06-2023 (ALT/HERGET,pp 295): Submitted by Sheree Alt for property located at Lot 75 of Covington Park Subdivision.The property is zoned RSF-4.The request is for a 23.5'front building setback(a 1.5'variance). Planner:Jesse Fulcher 2. BOA 06-2022(COODY,523):Submitted by DEBORAH COODY for property located at 227 SOUTH CHURCH STREET. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 0.23 acres. The request is for a variance from the required 30'front setback for a 23'setback(a 7'variance),and from the I W side setback for a 3' setback(a T variance). Planner:Andrew Garner 3. BOA 06-2024(KELLY,484): Submitted by ROBERT KELLY for property located at 620 W LAYFAYETTE. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.29 acres. The request is for a variance from side setback requirements of P additional side setback for every F over 20'in height to allow the addition of dormers to a structure under construction. 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. 2006 Board of Adjustment Members Bob Nickle (Chairman) Sherrie Alt Robert Kohler Eric Johnson Karen McSpadden William Chesser James Zant BOA Meeting of April 3, 2006 125 W. Mountain St. ARKANSAS Fayetteville,AR 72701 x, 1 7 e Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: March 27, 2006 BOA 06-2024(ALT/HERGET,295): Submitted by SHEREE ALT for property located at 3477 E. TOWNSHIP. The property is zoned RSF-4,SINGLE FAMILY—4 UNITS PER ACRE and contains 0.28 acres. The request is for a 23' front setback (a 2' variance.) Property Owner: WALTER & LOU ANNE HERGET Planner: JESSE FULCHER RECOMMENDATION: Staff recommends approval of the requested front setback variance as shown on the attached drawing with the following conditions: 1. Future alterations or additions to the existing structure shall meet required building setback regulations, unless otherwise approved by the Board of Adjustments. Furthermore, alterations or additions shall not further encroach into the utility easement without first vacating all or part of said easement. 2. All required permits shall be granted prior to any construction or repair of the existing structures. Additional Conditions/Comments: 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.Weports12006W,4 ReportsW 03-0600A 06-200(Herget_Alt).doc April 3,2006 Board of Adjustment BOA 06-2023(Alt/Herget) Agenda Item 1 Page 1 of 12 . BOARD 01D3I� T1�IEi1IT ACTIO?: 0 Approved < , 0 Denied 0 Tabled Date. ,April,3 2006. :: , BACKGROUND: Property Description: The subject property was built in 2000 and is located at 3477 E. Township Rd.,(Lot 75 in the Covington Park Subdivision)and zoned Residential Single Family Four Units Per Acre(RSF-4). The property is entirely surrounded by single family residences in the Covington Park Subdivision,which are also zoned RSF-4. The two-story brick house was permitted with a 25' front setback and 25' utility easement off of E. Township Rd.right-of-way. A survey completed prior to selling the house revealed that the footing for the structure was constructed outside of the building setback/utility easement,however the overhang is approximately 2' over the building setback/utility easement line. Proposal: The applicant requests a variance from the front setback requirement of 25' for the purpose of bringing a nonconforming structure into compliance,so that the property owners can sell the property. The north side of the house currently encroaches into the front setback/utility easement 2' as shown on Table 1. The Planning Commission reviewed a request to vacate a portion of the utility easement on March 27, 2006 and forwarded the request to the City Council for review on April 18, 2006 with a recommendation for approval. Table 1 Variance Request Variance Issue Ordinance Requirement Existing Setback Variance Reuest Front Setback (north) 25' 23' 2' Request: The request is for a front setback of 23' (a 2' variance). GENERAL PLAN DESIGNATION: Residential SECTION 156.02 ZONING REGULATIONS Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1. Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: Special conditions do exist for this property,which are not applicable to other lands in the same district. The builder at the time of construction was aware of the setback requirements and the signed building permit;as the foundation for K:IReportsl1006WA Reports104-03-06WOA 06-200(Herget Alt).doc April 3,2006 Board of Adjustment BOA 06-2023(Alt/Herget) Agenda Item 1 Page 2 of 12 the home is outside of the building setback/utility easement. However, the builder did not take the roof overhang into consideration. Consequently the home encroaches into the front building setback and utility easement. The approved building permit site plan specifies a 25' building setback along the north property line and is attached to this report. Staff does not support building new structures in building setbacks and violating a signed building permit as occurred with this project. Since the foundation was constructed outside of the setback/easement, the inspector correctly approved the foundation permit. It wasn't until after the home was completed and a survey conducted, that any encroachment was discovered. Given that the house has been completed and due to the precedent for the City recommending approval in these instances, staff is recommending approval of the requested variance. Should the variance not be granted, the north portion of the roof overhang would have to be removed. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would deprive the applicant of rights that are commonly enjoyed by other properties in the same district. If the variance is not granted, the current owner will have difficulty selling the property,because the owner must disclose the findings of the provided survey. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Special conditions or circumstances are the result of the actions of applicant miscalculating the setback distance during construction. The site plan submitted for a building permit shows the location of the home meeting all setback requirements. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the requested front setback variances will not confer special privileges on the applicant due to the special conditions that resulted in the setback violation. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures,or buildings in other districts shall be considered grounds for the issuance of a variance. K.IRepor[sI10061BOA Repor[s104-03-061BOA 06-100(Herget_Alt).doc April 3,2006 Board of Adjustment BOA 06-2023(Alt/Herget) Agenda Item 1 Page 3 of 12 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 April 3, 2006. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: The requested front setback variance is the minimum variance necessary to accommodate the existing structure on the subject property. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood,or otherwise detrimental to the public welfare. Finding: Granting the variance will be in harmony with the general purpose and intent of zoning regulations, and will not be injurious to the neighborhood. C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions for this request which are stated on page one of this report. d. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: The use is permitted in the zoning district. K.l ftons120061BOA Reportsl04-03-061BOA 06-200(Herget_AIt).doc April 3,2006 Board of Adjustment BOA 06-2023(Alt/Herget) Agenda Item 1 Page 4 of 12 Fayetteville Unified Development Code Section 161.07 District Rsf-4,Residential Single-Family—Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments,as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 Ci -wide uses b right Unit 8 Sin le-famil 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 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family dwellings dwellings Units per acre 1 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq.ft. 12,000 sq.ft. Land area per 8,000 sq.ft. 6,000 sq.ft. dwellin unit (E) Setback requirements. Front Fswde Rear 25 fL 1 8 ft. 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. (Code 1991,¢160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99) K.IReports110061BOA ReporaI04-03-061BOA 06-200(Herget_Att).doc April 3,2006 Board of Adjustment BOA 06-2023(Alt/Herget) Agenda Item 1 Page 5 of 12 February 22, 2006 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 To Whom It May Concern: On behalf of my client, Walter E. Herget, I am submitting a petition for a variance of 1.48 feet along the north roof overhang of the garage area for Mr. Herget's home located on Lot 75 of Covington Park subdivision also known as 3477 E. Township in Fayetteville Arkansas. Upon procuring a buyer for Mr. Herget's property, a survey was done revealing a 1.48 foot encroachment of the roof overhang running north to west which is located within the 25 feet front setback and utility easement. Please see the attached survey and legal description. Respectfully, Q Sheree Alt, Principal Broker AMA Real Estate Group, Inc. April 3,2006 Board of Adjustment BOA 06-2023(Alt/Herget) Agenda Item 1 Page 6 of 12 400 Alexander Merry-Ship &Alt Real Estate Group,Inc. Real Estate Sales,Dcvclu meat and Property Management Richard Alexander,President Sheree Alt,Sr.Vice President,Principal Broker Rob Merry-Ship,Sr.Vice President Jennifer Ellison,Business Manager February 22, 2006 Bob Nickle, Chairman Board of Adjustment c/o City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Dear Mr.Nickle: On behalf of my client, Walter E. Herget, I am submitting a petition for a variance of 1.48 feet along the north roof overhang of the garage area for Mr. Herget's home located on Lot 75 of Covington Park subdivision also known as 3477 E. Township in Fayetteville Arkansas. Upon procuring a buyer for Mr. Herget's property, a survey was done revealing a 1.48 foot encroachment of the roof overhang running north to west which is located within the 25 feet front setback and utility easement. Please see the attached survey and legal description. I would ask you to agree that special conditions do exist for this property that are not applicable to other lands in the same district and that literal interpretation of the provision of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same subdivision under the terms of this ordinance. By granting this variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same area. Respectfully, oj_�_ Sheree Alt, Principal Broker AMA Real Estate Group, Inc. 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Mountain St. Fayetteville,AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS Telephone:(479)575-8267 BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: March 28, 2006 BOA 06-2022 (COODY, 523): Submitted by DEBORAH COODY for property located at 227 SOUTH CHURCH STREET. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.23 acres. The request is for a variance from the required 30' front setback for a 23' setback (a 7' variance), and from the 10' side setback for a 3' setback (a 7' variance). Property Owner: DEBORAH AND DAN COODY Planner: ANDREW GARNER RECOMMENDATION: Staff recommends approval of the requested front and side setback variances as shown on the attached drawing with the following conditions: 1. Future alterations or additions to the existing structure shall meet required building setback regulations from the Master Street Plan right-of-way, unless otherwise approved by the Board of Adjustments. Approval of these variances only applies to the existing structure and the requested expansions. 2. A building permit shall be obtained prior to commencement of any construction. 3. All existing structures, easements and utilities shall be located on the site plan submitted for building permit consideration. 4. The existing structure, with the additional 16" overhang on the northern side, shall meet minimum building separation requirements administered by the Building Safety Division. Additional Conditions/Comments: K.IRepor1s120061BOA Repor[s104-03-06180,1 06-2022(Coody).doc April 3,2006 Board of Adjustment BOA 06-2022(Coody) Agenda Item 2 - Page 1.of 14 The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this variance. Name: Date: I30ARD OF.ADJU TMEMW! ACTION: DA" . . ❑Denied lYIotian: Second' " Vote: ILL Date; A7ri13,2446; BACKGROUND: Property Description: The subject property is located at 227 South Church Street and is zoned Residential-Office(R-O). The site contains an existing home that was built in 1949 and several large trees. As with many structures along this street and in older platted subdivisions in the City, this neighborhood has a mix of older homes associated with downtown Fayetteville mostly built prior to zoning regulations. Many of these homes contain minimal front building setbacks from the street right-of-way, and have other nonconformities as they were built prior to the adoption of zoning regulations. The subject lot does meet the current bulk and area requirement for a single family home in the R-O zoning district. However, the existing home violates the requirements for a 30' front building setback(the front of the house is approximately 1' into the setback); and for a 10' side setback to the north (the house is approximately 5' in the side setback). Proposal: As depicted in Table 1, the applicant is requesting a 7' front setback variance for a 23'front setback (east) to accommodate a new 10' x 12' front porch facing the street, and for a 3' side setback (north) to accommodate a new 16" roof overhang to protect the house from weather damage. Table 1 Variance Request Ordinance Existing Variance Issue Requirement Setback Applicant's Request Front Setback 30' 29' 23' (a 7' variance) Side Setback 10' 5' 3' (a 7' variance) K.IReports110061BOA Repo,is104-03-06WOA 06-2022(Coody).doc April 3,2006 Board of Adjustment BOA 06-2022(Coody) Agenda Item 2 Page 2 of 14 SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning from Site North Single family residence R-O, Residential Office South Single family residence R-O, Residential Office East Multi-Family residence R-O, Residential Office West Single family residence R-O, Residential Office GENERAL PLAN DESIGNATION: Mixed Use SECTION 156.02 ZONING REGULATIONS Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 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 or circumstances that exist which are peculiar to the land or structure that are not applicable to surrounding properties and buildings in the same district. This lot was originally platted and developed prior to zoning regulations, and several other lots along this stretch of Church Street are built with similar nonconforming front setbacks. However, these other nonconformities are not considered as a basis of the findings to recommend in favor of this variance. Staff's primary findings for the front setback variance are that this lot falls within the boundary of the Downtown Master Plan. In the proposed Downtown Master Plan Code that was forwarded to the Ordinance Review Committee by the Planning Commission on March 27, 2006,this property would be zoned Downtown General. Although this code has not been adopted,in this district there is no bulk and area requirement and the front setback requirement would actually be a build-to line that would require the structure to be located between 5 and 20 feet from the front property line. Under the Downtown Master Plan Code a variance would be required for the proposed 23' front setback. However,the proposed front porch would bring the structure more into conformity with the Downtown Master Plan by adding structure closer to the street, and is recommended by staff. In general, staff would recommend in favor of extending the porch even closer to the street than proposed-consistent with the Downtown Master Plan's build-to line. However, the site has some large trees between the proposed porch and the right-of-way that pose a constraint, and would be able to be preserved with the proposed K;I Repor[s120061BOA Reporte104-03-061BOA 06-2022(Coody).doc April 3,2006 Board of Adjustment BOA 06-2022(Coody) Agenda Item 2 Page 3 of 14 porch. Staff finds that the proposed side setback variance to allow the addition of a 16" overhang along the northern edge of the roof is needed for the renovation and ultimate preservation of this historic 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 zoning regulations would require removal of the single family residence, or a portion of the residence, that encroaches into the front and side building setbacks. Literal interpretation of zoning regulations would deprive the applicant of rights enjoyed by the adjacent property within the same zoning district such as adding a front porch to help establish the streetscape in the Downtown Master Plan area,and adding an overhang to help renovate and preserve the structure. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The original layout of the subject lot was platted in the distant past, and the house was constructed prior to zoning regulations. The adoption of the current zoning regulations that create the nonconforming situation is not the result of the applicant. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the requested front and side setback variances will not confer special privileges on this property. 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. K.iRepons110061ROA Repons104-03-061ROA 06-2022(Coody).doc April 3,2006 Board of Adjustment BOA 06-2022(Coody) Agenda Item 2 - Page 4 of 14 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,April 3,2006. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: The requested front and side setback variances are the minimum variances necessary to accommodate the proposed front porch and roof overhang. 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 variances will be in harmony with the general purpose and intent of zoning and setback regulations, and will not be injurious to the neighborhood. The location of this structure and the proposed additions is similar in nature to other structures in the area. Many structures in this older neighborhood are located closer to the right-of-way than is permitted under current zoning regulations. The character of the neighborhood along this stretch of Church Street includes large trees and structures built with a variety of setbacks, many of them close to the front property line. The proposed front porch addition would help strengthen the pedestrian streetscape envisioned and intended in the Downtown Master Plan. The addition of a 16"roof overhang on the side property line would help renovate and protect the house from weather damage, and is not an excessive addition. C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions for this request which are stated on page one of this report. d. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: The existing structure is a single family home,a use permitted by right in the R- O zoning district. K.IRepo,-W2006BOA Repo,ts104-03-0600A 06-2022(Coody).doc April 3,2006 Board of Adjustment BOA 06-2022(Coody) Agenda Item 2 Page 5 of 14 City of Fayetteville Unified Development Code Section 161.15 District R-O,Residential Office (A) Purpose. The Residential-Office District is designed primarily to provide area for offices without limitation to the nature or size of the office,together with community facilities,restaurants and compatible residential uses. (B) Uses. (1) Permitted uses. Unit 1 I Ci -wide uses b-right Unit Government facilities Unit8 Single-family dwellings Unit 9 Two-family dwellings - Unit 11 Manufactured home park Unit 12 Offices,studios and related services Unit 25 Professional offices (2) Conditional uses. Unit 2 City- ide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 13 Eating laces Unit 24 Home occupations Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities (C) Bulk and area regulations. (Per dwelling unit for residential structures) (1) Lot width minimum. Manufactured home park 100 ft Lot within a manufactured home 50 ft. ark Single-family 60 ft. Two-family 60 ft. Three or more 90 fL (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home 4,200 sq.ft. ark Townhouses: Development 10,000 sq.ft. Individual lot 2,500 sq.ft Sin le-famil 6,000 sq.ft. Two-famil 6,500 sq.ft. Three or more 8,000 s .R Fraterni or Sorori 1 acre (3) Land area per dwelling unit. K:IRepona120061ROA ReporL004-03-06180A 06-2022(Coody).doc April 3,2006 Board of Adjustment BOA 06-2022(Coody) Agenda Item 2 Page 6 of 14 Manufactured home 3,000 sq.ft. Townhouses&apartments: No bedroom 1,000 sq.ft One bedroom 1,000 sq.ft. Two or more 1,200 sq.ft. bedrooms Fraterni or Sororrty 500 sq-ft.per resident (D) Density. Units per acre 4 to 24 (E) Setback regulations. Front 30 ft. Front,if parking is allowed between the right- 50 ft. of-way and the building Side 10 ft. Side,when contiguous to a residential district 15 ft. Rear,without easement or alley 25 ft. Rear,from center line of public alley loft (F) Height regulations. There shall be no maximum height limits in R-O Districts,provided;however,that any building which exceeds the height of 20 feet shall be set back with any boundary line of any RSF or RMF District an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot,the area occupied by all buildings shall not exceed 60%of the total area of such lot. (Code No.1965,App.A.,Art.5(x);Ord.No.2414,2-7-78;Ord.No.2603,2-19-80;Ord.No.2621,4-1-80;Ord.No.1747,6-29-70;Code 1991,§160.041;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99) April.3,2006 K:IReports12006IBOA Reports104-03-061BOA 06-2011(Coody).doc Board of Adjustment BOA 06-2022(Coody) Agenda Item 2 Page 7 of 14 Description of Request The existing home is 29'6"x 24'. A total of 710 sq. ft. It was built in 1949 and currently violates the side setback to the north by 4 feet 9 inches. The side setback is 10 feet.We are proposing an additional 16 inch variance to accommodate a roof overhang. The front of the house is within 9 inches of the front setback which is 30 feet.We are proposing a 10 x 12 Bungalow style front porch with 16 inch overhangs for a total of 166 sq.feet. This would require a 10 foot 6 inch variance from the front set back_There is currently room for 2 cars to park in the driveway. We are not proposing any additional off street parking. We do plan to pave the driveway. • 710 sq.ft.existing • Requesting 6 ft 1 in.variance on north side • Requesting 10 ft. 6 in.variance on the front • Additional 166 sq.ft. on the front • Additional 36 sq. ft. on the side April 3,2006 Board of Adjustment BOA 06-2022(Coody) Agenda Item 2 Page 8 of 14 To the Chair, The existing structure for which we are requesting variances on the north side setback and front set back was built in 1949,prior to zoning regulations. The house may have originally had overhangs similar to the home to our north. It currently has no protection from the weather which has caused considerable damage to the siding and framing. We have stripped the metal siding and have exposed the rotten wood siding below. We plan to totally renovate the house,but only if we can do it in a manner that both enhances the neighborhood and protects our investment. The new siding will be Hardie Plank and the roof will colored metal. There is 14.5 feet between our house and the Ranris home.With the addition of the 16 inch overhang there will still be more than enough distance to meet the.minimum fire code of 10 feet between structures. This property is in the Downtown Master Plan District. The changes we are proposing are in line with what will,hopefully,be the new zoning for this area,Downtown General. However,we are on a building schedule and cannot wait for the outcome of that discussion. This is in a neighborhood of mostly older single family homes both owner occupied and rental. All the homes on Church with the exception of the Rantis/Fulford and Risk property have large front porches. We think our plans will be a welcomed change to the street. We purchased this property in November of 2005 and have done nothing to alter the original footprint of the ,structure- We don't believe granting this variance will confer any special privileges that aren't already enjoyed by most homeowners in the downtown area. Our position is that protective roof overhangs and front porches large enough for socializing are basic expectations for a homeowner. Thank you for you consideration, Deborah Coody April 3,2006 Board of Adjustment BOA 06-2022(Coody) Agenda Item 2 Page 9 of 14 PLAT-OF-SURVEY - LOCATION MAP F z EE r R- w - i CORNCet bl o� c rscE-a ""x cH JCE.D X w 89.64'S9''sy to'setback z+ec ws«. Zoe c o� 1 o° ag, o,r tia ro p,y,,srtal CA v a i v � Setback , b >( dctk Zo NB9q 'r4 'S9y6 /GS.FB f bq, t3w 5S — >Set$�u�,Is S-. Frcr. — 30' Sade — 101 ReAr — as' BUYERS:DEBORAH AND DAN COODY SELLERS:DEANNA J.HUNTER, April 3,2006 Board of Adjustment BOA 06-2022(Coody) Agenda Item 2 Page 10 of 14 z F t yy. i, f � . r �kL a f� f BOA 06-2022 (Goody) Project Site goo ao O Apri43 $lfget Board of Adili. oody) Agenda Item 2 Page 11 of 14 BOA06-2022 C O O DY Close Up View MOUNTAIN ST OUNTAIN 5 MOUNTAIN / � I N -C j u I of ROCK ST ._®ROCKST ROCK ST }--- __ROCK ST ROCK ST j I ISM IE 0I SUBJECT PROPERTY U r F t3'Aik "` IO p ® 'v".a�a`T` I •• - I tin 'r 3: � � T..�.�' �' � I LT L,"yy - PRCNIOPI e SOUTH ST SOUTH ST SOUTH ST SOUTH ST - SOUTH ST __—}— w o © ..„ o �o I� B vp AR HIBALD YELL BLVD j M 4TH ST a 0 PRAIRIE ST 2?n - Legend g0000 ®0000°Overlay DISMct —FLOODWAV — 500 YEAR 100 YlA --- LIMITOFSTUDV — — - Baseline Frofile r, O Fayetteville t 0 outside City , BOA0662022 F9MM vectocODB.Foatpnnt 2004 April 3,2006 .. c o 75 150 300 450 soo Board of Adjustment s Feet BOA 06-2022(Coody) A enda Item 2 age o BOA06-2022 COO DY One Mile View 1' RSF4 RMF241' RMFdO' RM - = I RSF�/ i - G2 RSFM= RSF-0 - R$Fd 24 El F j i R Fd RSFd RMF40 RMF4 X11 0 ��% R$Fd R$F4 RSFd RS�'d G2 RSFd ."RSF2r ft$EM1 RMF R$Fdt SF � RMF-00 f 1 „RSFd t 3.$M11KP4 R-0 GY,t 1"RSFd R$FA ROC OO RMF � r �9T RMF-M1�- so 9 RMF 2a"L"m. 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RSFd P 1 P-1 RMF R$Fd -' R$Fd - 1 RMF-00 RMF-0Zr - a- f16Fd "R Fd— ' RSFd 1 - _ CR LRSF< R RSF-0 fRIF4i A EST ;MAL RNF P RMF-00 R$Fd - RSfd G2 RSFd L r O MF-00� i RSFd DI F-00 RMF-00 RISE R$F4 �.� RMFdO\�� r _ �� !� Pi G2 RSFd , i` F1 6F-0 PR1`�/+TE 433 Dk I RSP4 RSFd j I P1 1 R-0 R-0 RMF RSF-0 RMF24t - \� RMF-00. \ R-G i RO R$F-0I RPZD'I RSFd RSFd RSFd d R i RO C2 q .103 G{i G2 RSFd RSFd yi, RSF41 RMF-00 G3'' a I - _ ba"e".imvewc��.zoermi,va>x RSF� d RSFh - ,: -' IT PT SUBJECT PROPERTY R RMF24' LMF2 `F IR %YLS 24 .! 11 C9 W II x` Pt RWLQ, Qir C3/ R-0 Ff-0 i (dL1F 24 $ Y P1 Fi r MEAD IN ST O LATER 6 RMF-d0 I RMF 24 I y a 11 i' R-0 R-0 03 �RMF241i RMF-24II '4 C ftIdF 2C4 RMF�q waF4a "�, e �,�x� YtrMEO e F-24 P,1 _ i RM�F-0�Q ppp - ^RMF 24 RMF20. * R 0 1E i RSFd RSFd 9.j D D R MF 24 -�, RM 2dr"R G3 R-0ftM24 RMF24 4Q 510 4� ROOGER6 DR P 1 P 1 PIMF-0Q RMEiO RMF R-76) 1-0 R P i RQ I R-0 R,0 r RQCKS'r"y4, ROCkST - HEP7\R`R -0 F24 RMF24 'STONEST R-0 \, PRI TEO D0. 1 i Ilk - ft-0 RMF 2dr r IRMF 24 R�1F24 '\ RMP-00 ,:.11 G-0 RMff 24 24 29 - ,R-p y P-1 RMFdO 1 R-0 R-0 P1 G1, r l . ` c- (. 2 �nMF 24 r - RMF-0D RMFdO RMF 2� I''1 -7 1 F RMP-�4 // RSF_d RMF40 G2 C2 t 002 O2 YV t & TH -01V t RMF 24 RM}26 RMF24 F-24 RMF24 ., R 2J RMF2 R-0 1 24 t ME MF24 P 1 f RMF 24 C 2 R�1F.24 RMF 2C [ G2 r RMF 2 RMF-00 rfpL1EY 199 "" - HUNTSVILLE 0.D t RMF-00 r Ef fiAPg4i,J' RSFd R$F-0 R$F-0;.�R 11iRMF 24 RA RMF-24, '%^ II dU- RMF24 QSc-89> A r (yTHS 31 _ RM f2 -J Y PRIVATE B$Q DR - _ T L 1 P-1 RMF 24 F F-21, RMF.24 IRMF 24 iIEMF Y m`s RW,-24L MF-24 � RMF24 i RME 2 ' �m �� l .tiTH PL a NANNCKET DR ��� -J 4t�F . z4 L I/X 3TKsr RMF24 15 H 6T Rl11FZ4 �{r 42 RMF2 1GE l RMF 24 E k-"' >�7j JI R�24�:.. } RMF22+ $}�_ t Y ✓ F� „� !L1 L�.i t: �Jt> �� .:..asst,A.` �rry f-1 4$ -2 {i''hiiMF2 t RSFd tQi 11 F �Lc 1 2Ux 9F-0,RSFd�� G2 .C-2 Gf - RMF-20 Overview Legend Boundary - -- Subject Property ��, ,--_-_r- __ .o Planning Area BOA06-2022 rP0009, Overlay District _- ❑ Outside City --- - Legend 0 0.129.25 0.5 0.75 1 April 3,20 6 Iles BOA 6 2 22(Coo n) 2 Page 13 of 14 April 3,2006 Board of Adjustment BOA 06-2022(Coody) Agenda Item 2 Page 14 of 14 7aye I BOA Meeting of April 03, 2006 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: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: March 27, 2006 BOA 06-2024 (KELLY, 484): Submitted by ROBERT KELLY for property located at 620 W LAYFAYETTE. The property is zoned RMF-40, MULTI FAMILY -40 UNITS/ACRE and contains approximately 0.29 acres. The request is for a variance from side setback requirements of F additional side setback for every F over 20'in height to allow the addition of dormers to a structure under construction. Planner: Suzanne Morgan RECOMMENDATION: Staff recommends approval of the requested setback variance based on the findings herein with the following conditions: 1. Development on the subject property shall be permitted in accordance with ordinance regulations,with the exception to height restrictions granted herein. 2. The applicant shall receive approval from the City Engineering Division for construction of a retaining wall greater than 4' in height located adjacent to the west property line. BOAOF ADJUSTMEN1 ACTIOIIT O Approved RD m C3 pe a>ed it Ap> BACKGROUND: Property description: The subject property contains two lots (9 and 10) consisting of a total 0.29 acres and is located at 620 Lafayette Street. Itis zoned RMF-40, Residential Multi Family—40 units per acre. Surrounding properties consist of older homes used for institutional,multi-family and single-family uses. In 2005, the owner removed a home from the property and began construction of a three-story multi-family dwelling unit. Work on this structure continues, and while in the process of framing the roof, the applicant requests to modify the roof line to increase its height for the addition of dormers. April 3,2006 Board of Adjustment K.IReporue 20061ROA Repons104-03-061 BOA 06-2024(Kelly-Lafayette Apartments).doe BOA 06-2024(Kelly) Agenda Item 3 Page 1 of 24 Background: In May 2005, the applicant requested a variance from the height regulations adjacent to side property lines to allow a 23' height at the S' side building setback (a 3' variance). The motion to approve the request received four negative votes and therefore failed. Staff had originally recommended in favor of the request, finding that the height of the proposed structure would result in a height reduction in the existing nonconforming structure and that it was compatible with surrounding structures. The applicant applied for a building permit with an appropriate height and began construction. The framing of the exterior of the structure is nearing completion and the finalization of the roof is underway. The applicant met with staff to request the addition of dormers over the windows in order to improve the aesthetics of the structure. A direct consequence of this addition is the further increase in the height of the structure. Upon discussing this issue with staff, it was discovered that during construction the applicant altered approved plans. These alterations consisted of the construction of a 6' tall retaining wall adjacent to the property line in order to lower the structure from the perspective of the adjacent neighbor to the west and reduce the height of the retaining wall adjacent to the alley. At the May 2005 Board of Adjustment meeting, many neighbors attended the meeting to voice concerns and disagreement with the proposed height and density of development on the property(minutes are not available for this meeting). The applicant has contacted one of these neighbors who lives immediately south of the property to discuss the subject variance request. At this time, the Planning Division has received written comments from two neighbors, one of which is the owner to the south, which convey a positive response to the requested variance. Request: The applicant requests a building setback variance of 7' at the east and west side setback lines for the addition of dormers over the windows. Although, based on the new drawings submitted by the applicant, the existing structure appears to have been constructed such that the height of the cave at the building setback is 5' greater than allowed by ordinance,the variance request is measured at the point of greatest nonconformity(the dormers). Recommendation: Staff recommends approval of the requested side building setback variance based on the findings herein. Public Comment: Staff received two written comments from the neighbors in support of the requested variance to install dormers over the windows on each side of the structure. Requested Variances: East and West Ordinance Height Applicant's Height Variance Setback to Dormer Requirement Height Request Request New Structure 10' 22' maximum 29' 7' April 3,2006 Board of Adjustment K:IRepor[s12006180A Repons104-03-061BOA 06-2024(Kelly-Lafayette Apartments).doc BOA 06-2024(Kelly) Agenda Item 3 Page 2 of 24