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HomeMy WebLinkAbout2006-07-05 - 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. 2006 Board of Adjustment Members Bob Nickle (Chairman) Sherrie Alt Robert Kohler Eric Johnson Karen McSpadden William Chesser James Zant oil x43 ms m ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephom:(479)575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT WEDNESDAY,JULY 5 2006 at 3:45 p.m. Room 326,City Administration Building The following items will be considered: OidBusiness. 1. BOA 05-1788(CHAMBERS,485): Submitted by JULIE&MATTHEW CHAMBERS for property located at 347 N WILLOW. The property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.20 acres. The request is to bring an existing non-conforming structure into compliance in the RSF4 Zoning District. Planner:Jesse Fulcher New Business: 2. BOA 06-2144(CORRAL,410): Submitted by ALAN REID for property located at 1182 SUMMERSBY DRIVE. The property is zoned RSF-4,RESIDENTIAL SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.37 acres. The requirement is for a 25.0'setback. The request is for a 23'front setback(a variance of 2')to accommodate an existing roof overhang. Planner: Suzanne Morgan 3. BOA 06-2145(FOSTER,400): Submitted by DAVE JORGENSEN for property located at W OF RUPPLE RD,E OF BELLWOOD PHASE 1. The property is zoned RSF-1,RESIDENTIAL SINGLE FAMILY- 1 UNIT/ACRE and contains approximately 1.09 acres. The minimum lot area requirement 1-acre. The request is to create a.97 acre lot(a 0.03 acre variance). Planner: Suzanne Morgan 4. BOA 06-2146(FLYING BURRITO,252): Submitted by KEY ARCHITECTURE, INC. for property located at 3196 N. COLLEGE AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.55 acres. The requirement is for a 50'front setback. The request is for a 35'4"setback(a 14'8"variance)to bring an existing non-conforming building into conformity. Planner:Andrew Garner 5. BOA 06-2147(SCULL CREEK APTS,366): Submitted by BRANDON BARBER H&B VENTURES,LLC for property located at PARKERS VALLEY VIEW ACRES,E OF GREGG. The property is zoned I-1,HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 2.44 acres. The requirement is for a 90'lot width. The request is for a reduced lot width of 42'(a 48'variance.) Planner:Andrew Garner 6. BOA 06-2148(MANSFIELD,484): Submitted by LAURA KELLY for property located at 330 N WEST AVE.,THE NE CORNER OF WEST AVENUE AND WATSON STREET. The property is zoned C-3,CENTRAL COMMERCIAL and contains approximately 0.14 acres. The request is for a 5'variance on the West Avenue setback and a 3'variance on the Watson Street setback. 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,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. 7aypBOA Meeting of July 5, 2006 R R,KANSAS 125 W. Mountain St. Fayetteville,AR 72701 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: June 26, 2006 BOA 05-1788(CHAMBERS,485): Submitted by JULIE&MATTHEW CHAMBERS for property located at 347 N.WILLOW. The property is zoned RSF-4,RESIDENTIAL SINGLE FAMILY and contains approximately 0.20 acres. The requirement is for a 25' front setback and a 70' lot width. The request is for a 22' front setback(a 3' variance) and a 66' lot width (a 4' variance). Property Owner: JULIE & MATTHEW CHAMBERS Planner: JESSE FULCHER RECOMMENDATION: Staff recommends approval of the requested variances with the following conditions of approval: 1. The variance shall only apply to the existing single-family structure and the lot width. 2. Future alterations or additions to the existing structure shall meet required building setback regulations for the RSF-4 zoning district,unless otherwise approved by the Board of Adjustments, with the exception of those noted herein. 3. 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.112eports120061BOd Reports107-05-061BOA 05-1788(CGambers).doc July 5,2006 Board of Adjustment BOA 05-1788(Chambers) Agenda Item 1 Page 1 of 10 fl1R7)f� AHJu'T14iElYT AG3It)lY ,4�gip]ru�et� . . i�.Dettied =II Tabled 1}afe 1Vro4ron n BACKGROUND: Property Description: The subject property is located at 347 N.Willow,south of Lafayette St. and across the street from the former St. Josephs Church/School. The lot contains an existing home, which was constructed around 1910. A variance request was tabled by the Board of Adjustment on November 7, 2005 until a rezoning request and conditional use request were heard by the Planning Commission and City Council. The applicants requested a rezoning from RSF-4 to RSF-8 for the purpose of bringing the lot and principal structure into compliance, without the need for a variance. Additionally, a rezoning to RSF-8 would allow the applicants to reconstruct a garage/second dwelling unit within 5' of the side property line, rather than 8' as required in the RSF-4 zoning district. A conditional use was requested to allow for the construction of a second dwelling unit above a rebuilt garage. The conditional use was approved by the Planning Commission and the rezoning was forwarded by the Planning Commission to the City Council for review. The rezoning request was denied by the City Council; consequently the property is still zoned RSF-4 and in need of a variance to bring the lot and principal structure into compliance the RSF-4 requirements. Proposal: The applicants are requesting a variance of the required lot width and front setback, to bring the existing nonconforming structure and lot into compliance. Based on a survey provided by the applicant, the main structure is 22' from the right-of-way and the lot width is 66'. The RSF-4 zoning district requires a 25' setback from the right-of-way and a 70' lot width. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Single Family Dwelling RSF-4,Residential Single Family South Single Family Dwelling RSF-4,Residential Single Family East Condos/Single Family Dwellings RPZD, Residential Planned Zoning District West Single Family Dwelling RSF-4,Residential Single Family K:IRepons1200MBOA Repo,tsW7-05-0600A 05-1788(Chambeis).doc July 5,2006 Board of Adjustment BOA 05-1788(Chambers) Agenda Item 1 Page 2 of 10 Table 2 Variance Requests Variance Issue Ordinance Requirement Proposed Front setback(east) 25' 22' (a 3' variance) Lot Width 70' 66' (a 4' 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: There are special conditions and circumstances that exist which are peculiar to these structures and the lot. The lot was platted and the existing home was built prior to current zoning regulations. Staff finds that the preexisting nature of the encroachments into the building setbacks constitutes a special circumstance peculiar to the land and buildings involved. 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 nonconforming structures would limit the amount of improvements and additions to the existing structures. Staff finds that these limitations would deprive the applicant of certain rights commonly enjoyed by others within the same zoning district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special conditions are not a result of the current home owners. The structure and the lot on which it is located were developed long before current zoning regulations. Additionally,the original lot size is not the result of actions of the applicant. This lot was created prior to the adoption of the current RSF-4 zoning district lot regulations. 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.IReports170061ROA Reports107-05-0600A 05-1788(Qmmbers).doc July 5,2006 Board of Adjustment BOA 05-1788(Chambers) Agenda Item 1 Page 3 of 10 Finding: Granting variances for the existing home and lot width would be in keeping with the spirit of the neighborhood and would not confer any special privileges. The zoning for the property allows single family use, and has been utilized for this purpose for many years in the surrounding area and on lots with similar lot widths. The applicant will not be granted any special privileges denied to other lands in the same district. 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 Wednesday,July 5,2005. 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 variances are the minimum variances necessary to accommodate the existing structure on the subject property and to bring the nonconforming lot into compliance. 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 a variance for the existing home and lot width will be in harmony with the general purpose and intent of zoning regulations, and will not be injurious to the neighborhood. K:Weports120061BOA Reporai07-05-06WA 05-1788(Chambers).doc July 5,2006 Board of Adjustment BOA 05-1788(Chambers) Agenda Item 1 Page 4 of 10 C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions for this request which are stated on page one of this report. d. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: The proposed use is for a single family residence,which is a use permitted by right in the RSF-4 zoning district. K.IReporisI20061BOA Reports107-05-061BOA 05-1788(Chambers).doc July 5,2006 Board of Adjustment BOA 05-1788(Chambers) Agenda Item 1 Page 5 of 10 161.07 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 City-wide uses by right 11 Unit 1 Sin le-famil dwellin (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 Unit36 Wireless communications facilities (C) Density. Single-family Two-family - dwellin s dwellin s Units er acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellin s dwellin s Lot minimum width. 70 ft. 80 ft. Lot area minimum 8,000 sq.ft. 12,000 sq.ft. Land area per 8,000 sq.ft. 6,000 sq.ft. dwellin unit (E) Setback requirements. Front Side Rear 25 ft. 8 ft. 1 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) July 5,2006 K.IReports120061BOA Reports107-05-061BOA 05-1788(Chambers).doc Board of Adjustment BOA 05-1788(Chambers) Agenda Item 1 Page 6 of 10 July 5,2006 K.Teports1200600A Xeporrs107-05-06WOA 05-1788(Chambers).doc Board of Adjustment BOA 05-1788(Chambers) Agenda Item 1 Page 7 of 10 shed , 02' 8 . .., Tom— p � � •8 Setbock Lehe ,4b(haete _ .' F. 2500' a ... a. •�//////Jj'j'T �aa98 •�b ,• �` •// / 2.04' V. 111' o � o 5 F . tet' :3 O I R 8.581 Sq. Ft. < a _ 0.20 Acres Goss O i�--- -- N89S9'11"W 13Q 02' a� t Story � Rause / Survey Descr/ptkn A part of Lot A Bock 6 of the Masonic AddRlan to the City of Foyettevgle, Arkansas as set forth In Worranty Deed 2 0 03-110 0 6 020 9 of Washingtoh County Records Foyettevill& Arkansas and being more [ portkw/arfy desolbed as fd/ows• F BMNN/NG of a found,*e set for the Southwest corner of Lot 5, Moor 8, Masonic Add Mon; F V thence North WW49'East for a distance of 66.00 feet to a poln$ F fiance South 895971"East for a distance of 13aO2 feet to o point [ Px ncs South OOW 49" West for a datonce of 66.00 feet to a point• Thence North 895911' West for a "once of 13x02 feet to the PANT OF OEGNN/NG and contai7ing 4581 squoro feet or a2O acre; more or less Subject to any and aO adstfng easements, comnatts, restrtobbfis Of r/ght's—oFway, whether of record or prssa*hba. lege"'— Survayar's Declarotian. -- Property Lke (Subject) / hereby dea/ow that /haus this dogs completed a so Ad16/nin Property Line hemon described property. he property lines and con —a--13 Fence Chain Link) are to the best of my knowledge and ability, correcd — I[— R— Fence (Wood) and there we no encroachments except as shown he; —ME—ohr Owwhead E/ectrke Monument Found as Noted O Set 1/2'Rebar (/1466) --------- -------------- ----------- o r ® Gas Meta HtVh M. amtiaan. AR. PLS j1466 r. Water Meter X Utffy Pole - July 5,2006 BOA 05-1788(Chambers) Agenda Item 1 Page 8 of 10 BO 88 CHAMBERS CloseeUpUp VVieiew s r 1p d IF aF..a I.AFAYETTE 3 O J J SUBJECT PROPERTY H Z Nay l-. 1dS r '� Qas. "vex tz.:.e t;' Ytxl4?*a 4r� : \ r v �4 SUTTON Mr Fl-,4 MISS-- Ell 5 Legend r rop Oveday DlsMd —FLOODWAY —500 eEAR 100YEAR — Limir OF STUDY M ' — — Bas Line Profile O Fayetteville =Ou tl City e e0 minas z a a xN tt r, a 0 37.5 75 150 225 300 ave Board of Adjustment Feet BOA 05-1788(Chambers) A enda Item 1 BOA05-1788 CHAMBERS One Mile View F4 S RN AMMO ftMF 2d _ y RMF24 1 �1 M - I RfA RMP24 RSF4 -0 RS"r r �'{ '' G 26. 7ti (` i RSF-0 P-t {� P A Pn v _. C2 4 2 G �RSFA RS R RSF CR� RS RSFaIV RSF J/ .�r�\ FIR�\ R 1 A ,FS I7PLE URY RMF "� I' RSR-0 9� f RSF? 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L..�.R-0 I - _ RSF9 I I 3 C L --RSF-0 P R I C 2 RSFi RSFi RSF-0 RSF-0 � � / I 1 P 1 E RMF-0p G3-t tit -CJI [ j�C3� 'd .. �� su RSF-0 RSF-0 P1 c3 - u GC9 RMPA i IiGS ( R'o4 C --t- MFd RMF24 RMF24I!� SKTYINE - - F t RMF-00 I —_ T ' 1 .-RMF 2q RMF 24 - RMF'0 L i RP I W I G3 C3 �kMF24 RMF23- Fi y�� P-1 P 9 J ry RdR-O RA I VRMF 26IF201 -am 41F1aF RMFgp C3 Cd ci Gd ll1 RMF 24 RMFE6 /Y §k PUN c RSF4 RMF 2d RSF-0 RSF J r— RMFdp { G9 5+ C-0 CdNa�F� -0 R P DO_CK Al i0.1F p � R G G-0 C-3 RM 26 -RMF-14 � x-51)Qx b 1E©_DTj RS OR a�F.rt. I v I Z PI �MF p F�R-0 4, J P' R2d�fIMF '.R f2J Ranh J RO—LY20/ HEFT eR \ \� _ IT } "!- R� "' F -[. RMF 24 f `v P1 RMF-0p� ..ill R-0J RMF ft i 2 } -_..RH _._._ - 2L ? SF.. L•. AOM O 4 ��. 1 L G2tt � r - v'G !'G2/11 C G31ftMF2 24 RIJ } I I F1 -F29 2 § � 24 RSF { RMF 26 _ HUNTSVILLE > I f1 R MF2¢ - ;VI' RSF-0 RIF-0 F2b a ­RMF 5 �I RMF24 R kSF-0 R-A MF 24 1. ,.'",iyl, p{ RSF RMF2 I (tMF 24 �I' I -m III R�Fi �. RMF2 k T V ��_--_ MF2 - _iF 24I RMP 24 RSF I _ RMF 20. F-24 ]RMR-0 ViSFF y .. PI V 2 / }- c'•R S 1 k2 Overview Legend Boundary --- Subject Property Planning Area BOA05-1788 Coon -� o Overlay District _- ❑ Outside City __ ---- Legend 00.120.25 0.5 0.75 1 July 5,20 eS BOA 051 88f(Chiamber ) Page 10 of 10 all FH t BOA Meeting of July 05,2006 125 W. Mountain St. f a aKa ry s A s Fayetteville,AR 72701 g Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: June 27, 2006 BOA 06-2144 (CORRAL,410): Submitted by ALAN REID for property located at 1182 SUMMERSBY DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.37 acres. The requirement is for a 25.0' setback. The request is for a 23'front setback(a variance of 2')to accommodate an existing roof overhang. Planner: Suzanne Morgan 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. 3. The applicant shall receive approval to vacate the portion of utility easement in which the structure encroaches. Additional Conditions/Comments: BOARD OF ADJUSTMEMT ACTION: O Approved O Denied O Tabled Date: July 05,2006 Motion: Second: Vote: K.IReporls1200600A ReporlsW-05-061BOA 06-1144(Corral).doc July 5,2006 Board of Adjustment BOA 06-2144(Corral) Agenda Item 2 Page 1 of 12 BACKGROUND: Property Description: The subject property was platted in 2000. The property is located at 1182 N. Summersby Drive(Lot 46 in the Summersby Subdivision)and zoned Residential Single Family Four Units Per Acre(RSF-4). Construction of the single family residence on the property was completed in August 2004. The property is entirely surrounded by single family residences in the Summersby Subdivision, which are also zoned RSF-4. The two-story house was permitted with a 25' front setback and 25' utility easement off of Summersby Drive right-of-way. A survey completed in December of 2005 revealed that the footing for the structure was constructed slightly within the building setback/utility easement;therefore,approximately 6"of the outside wall and the overhang encroach within 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. The front(southwest side) of the house currently encroaches into the front setback/utility easement 2' as shown on Table 1. The applicant has submitted Petition for Vacation to be considered by the Planning Commission and City Council. Table 1 Variance Request Variance Issue Ordinance Requirement Existing Setback Variance Re nest Front Setback (southwest) 25' 23' 2' 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: Although a permit was issued for the construction of a dwelling on this property specifying a 25' front building setback. Based on the survey of the property,it appears that the builder set the foundation in a location to comply with the requirements of the zoning district and building permit. However,surveys are not required of the builder during construction. Therefore, it is conceivable that the measurement of the building setback was misjudged by a few feet or the K.IReports120061BOA Reports107-05-06180A 06-2144(CorraQ.doc July 5,2006 Board of Adjustment BOA 06-2144(Corral) Agenda Item 2 Page 2 of 12 builder did not take the roof overhang into consideration. Consequently the home encroaches into the front building setback and utility easement. This situation,while not uncommon, is unique to this structure. Staff does not support building new structures in building setbacks and violating a signed building permit as occurred with this project. However,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 portion of the roof overhang that encroaches into the building setback 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 be required to comply with special regulations for nonconforming structures. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Special conditions or circumstances are the result of the actions of builder miscalculating the setback distance during construction. 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 variance. Finding: No other nonconformities were considered as a basis of the findings stated in this staff report. K.IReportA2006DOA Reports107-05-06180A 06-2144(Corraq.doc July 5,2006 Board of Adjustment BOA 06-2144(Corral) Agenda Item 2 _ Page 3 of 12 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 July 5, 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.IReports12006180A Reports107-05-061BOA 06-2744(Corrap.doc July 5,2006 Board of Adjustment BOA 06-2144(Corral) Agenda Item 2 Page 4 of 12 Fayetteville Unified Development Code Section 161.07 District Rsf-4,Residential Single-Family—Four Units Per Acre (A) Purpose. The RSF4 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. 11 Unit 1 1 City-wide uses by right 11 Unit 1 Single-family dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public rotection and utility facilities Unit4 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 11 Units er 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. Front1 Side Rear 25 ft. 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.Weports12006TOA Reports107-05-06DOA 06-2144(Corra(,.doc July 5,2006 Board of Adjustment BOA 06-2144(Corral) Agenda Item 2 Page 5 of 12 Alan 'Reid & ASSOCIATES PROFESSIONAL LAND SURVEYORS BOUNDARY TOPO . . GPS Date:May 31,2006 To:City of Fayetteville Planning Fayetteville,Arkansas RE:Easement Vacation and Variance 1)ear Sir or Madam, Please accept for your review our request for a utility easement vacation and building setback yanance for the property located at 1182 Summershy Drive.The results of our survey reflect that a portion of the front; roof overhang is encroaching onto the existing-utility easement and building setback.We are asking that the utility companies and city vacate only that portion of the easement that is being encroached upon.Thank you for cooperation in this matter. Sic ely, A Reid. Designated Representative for Michael Corral,property owner 1 July 5,2006 -.Bbard i>f'Adjustment 118 S.College Avenue Fayetteville, Arkansas 72701, 479 444 8784 1 88&549 8784% Fax 'Ryer 2 Mage,-6 of 12 , 0 BASSETT MIX AND ASSOCIATES, INC. Chair of Board of Adjustment Dear Sir or Madam, (A.) A special condition and circumstance exist because the structure was placed by the builder less than 6" in the building setback on the South East corner. (B.) The Corral's apply for this variance to obtain a clear title to their property with no exceptions on the title policy. (C.) This action is not caused by the applicant. (D.) Granting the variance request will not confer any special privilege and will only help clear the owner's title. Thanks you, David Mix Agent for Mike Corral RESIDENTIAL, FARMS AND COMMERCIAL REAL ESTATE 3263 North College Fayetteville, Arkansas 72703 # (479) 521-5600 (479) 751.5900 Fax (479) 521.5695 website:wwwbassettmixxotn July 5,2006 d of Adjustment THE STANDARD OF EXCELLENCE corral) Working For You Item fU 0 O V II {0 m - �.v�w.e• ov. .l.i vi 3 � O �R inil 1321 mI o rS88°50'00°W Im (27755.06 so. Ft) 0 6 N3g12 508ROW Illlro 004 .65 so. FT.) ml -m 198.10' �o " WTR. Io 4'SIDEWALK 149.67' .°. _ o N88°39'02'E �' 1302 o S88050'00"W CAMROSE LAN 193.28' (23961.95 so. FT.) oI 198.25' 'W N88050' dT 199.60' n . ,p 4'SIDEWALK I o 149.52' -28'BO ti N88°50'00'E Iv 0 39.32' III 247 l 1273 m 197.97' 1279 m o 9462.70$o. FT.) "! i Io (27755.06 Sa. FT.) h _ III o, o wl m (24459.62 so. FT.) l0' U.E. _ vI jr, m 1260 i w _ 1258 o S88°50'00°W 4' SIDEWALK III < N88°39'02'E19825' _ 8'. OC a (26436.37 so. FT.) I. . - N88°50'00'E III 198.08' II0 8" WTR. - 174.45' U.E. S88050100"W (lp 50' ROW III. i N 179.00' 7. 48 1233 0 III 1235 - 35 S(253/55.X5!so5. FT.) 1z i8"S.S. I� 6(30930.98 so. FT.) (17785.63 So. FT.) 218 y 26 12 (24414.46 so. FT.) I 81 S.& IIIIII ro- ' II a64° yg' 4b. 0' U.E. 5 N88°50'00"E (1807 . so. FT.)j 174.33' LU u 4' SIDEWALK 3489 ?s 1182 yyh / 1185 ( ti mI IIIo 9 SB �.y/ \�„ co_ o m F/1-8-41II o (30707.80 so. FT.) se B�G6 LU vh 47 I III oma, 'y (24503.66 so. FT.) 3i A\ 591.52 so. FTJ2 qh 8" WTR , . 20'DRN ESMT I64 n /187 �B ^ N885000'E , s III k� (24273.91 So_ FT) h�hp /� �` \soo. 180.91' II \p sB B, as o6, 0' 1162 15' DRN 207.27 �f'' (/ 1169\ \ 4 3,/ 8.36' ESMT jI�II 3 20' U.E- J 20' U.E. h b 39.27' 'I FT:) !n \ , c ,y "� (39280.38 so. FT) I II e' -I { , (32530.41 S0. FT.) h �p 5 ROW e _ (30486.95 so. FT.) la 39.27 "y�' 81S.S. III _ 2390 63,, y 2316 II I rn 25' SB, U.E. 8 DRN ESMT 2�i \ 1140 II 8 U.E. 8"S.S. J � 119. s 0I uI 247.00' 129.67' /p9 ¢ HSPERINGO KS <. .. _ .,- - - - - - - - 65� 2431 �: ..... . . 1145 9 7 51.20 5' 142.00' X,� 145.00' _. 25'�SB'8 SUE. 12" WTR 2359 4' SIDEWALK (22430.//So. FT.) 261 - 2305 20' U.E. Z 2403 PNF y o,�b � ? oI I� 4 � 12" WTR 0 7771 '0 so. FL) ti (28706.58 so. FT.)o I I (29382.95 sa. FT.) (37207 iso. FT.) `mow (28581.33 SO. F1 T) \ - F g - 20' UE. _ EX. 8"S.S. 20' U.E. I EX. 8°S.S. 36.06' � L - - 30' U E I . 00' 142.00 1 .00' - - 228.54' - - 192.12'`�A_ 88°44'52"E $.45- _-_ . =--mow _ - - - -S3Fm,f SLOCK2 /9.30' K2 '�,�,� 3 EA TWOOD SUBDIVISION LOT 1 0 BLOCKQA 06-of A/JjGstm LOT2 T2 BOft'00,21'44(Cor I Benda Ite � w F I ♦ �� �N�NOp A ��0,^�oW z w H a m 11FF-�� yNo �w�z w��o oow`' CK tL BOG ANO OOp ' r b�gge�Fd of rV m 7 O �y �lyyoeag� 3xa:.,moofw o e v K v DQ vwiW � �o N�pu.n pa`y7 r^`i WM � wwVvS M O 0 114, tSoa � oF aw x 2 0 0 i$mw< 3 oi 4 y e En o 4'i F2- r[�C(zO� Zj j'' �fo 5 � o oq 0u.O RJO W QF NFS na q CVL 1�0 Fv 00 .cv w b J Vry " o y;Y�Q4% ooh ro Fg o& Al 0. h"bo �s / ZZ'tiS� o U4j3 / S� f ` .• ZOV ! ya 3 9� L�0^^ � LIVC NNf N N W W •`y. N. �p � C50 gni 09 Zit �. on �o.- m m 13/ Ic)M� mp �ounioo II 11 R VaJ�a mo mMzz� y� w Z�NM.t July 5,2006 Board of Adjustment BOA 06-2144(Corral) Agenda Item 2 Page 9 of 12 BOA06-2144 CORRAL Close Up View l0 r �w , f N 0 t 0 w f � j 5 Amb v 3 I CAMROSELN o� 1 SUBJECT PROPERTY 0 Ig Irc � a Y k \ I h %tu \ Y 5 spy b ivy. 5rvA y PS\ 8y HISKERING OAKS LN aq l \ 6 ,t RIDGELY OR Overview Legend ® Hillside�Hilltop Overlay District®000.Overlay Distrid— FLOODWAY 500 YFAR —100.Y JMITOFSTUDY - - - 3aseUna Profile O ayetteville Nside city SM A06-2144 FOW fecIonGDEFoofirrint-2004 0 75 150 300 450 600 Board of July Adjus 2006 stment Feet BOA 06-2144(Corral) Page 10 of 12 BOA06-2144 C O RRA L One Mile View -0RSF� RaFd JG '- Fd RSF-0 i _ $i RSf3. R -Y-.� l sCd RSi 3F "�--'—i� L �� � RSF-4 -ry�-Rs `R Fd I RSF-0i RSF-0 -��N�R RSF SRSNT W P t" l R6Fd K 4 RSF4. 4 RMF-24 _ �F-0 4 G1 RSF3 -0 RSF-0 RSF-0I p QO ��✓ �/ iQ - �KT2 LN _ RSFd R-0 RA RSFti4 RMF-2 P A� 9 0 Gt RMF 2q� RQ 2 iz RSF-0 ASH ST RA �� M�44 G2 SF-0l R5F t I SF-0 a G2 1 S i -9RTS RA �R F � �PI_ f I RSFd' � rni L RSF4 RSF" . SUBJECT PROPERTY > - - �. HAMMO i '� JEFFREY N [[ \ RSFd RSF-0 _�_ ) P1 I'Y� �• � ,i i I F' h tv.... _MANORDR RSF4 _ r ell w p nti+r a s� F ryP [P 11�N it lE�� fib' PEA0.L PT O . _ w � SAPPHi 4 P'�SPLNELINk SPG R„$ EERfA OCK Overview Legend Boundary _ --- Subject Property 'N Planning Area GM BOA06-2144 Ht0000 ° o Overlay District ❑ Outside City - Legend ®Hillside-Hilltop O erlay District 0 0.129.25 0.5 0.75 1 July 6,20 6 M Ie S Board of Adjustm nt BOA 06-2144 Corr I) genaitem 2 Page 11 of 12 July 5,2006 Board of Adjustment BOA 06-2144(Corral) Agenda Item 2 Page 12 of 12 A 011 TP Pf �r BOA Meeting of July 05, 2006 ARKANSAS T1IE CITY 01= 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: June 22, 2006 BOA 06-2145 (FOSTER, 400): Submitted by DAVE JORGENSEN for property located at W OF RUPPLE RD, E OF BELLWOOD PHASE I. The property is zoned RSF-1, RESIDENTIAL SINGLE FAMILY- 1 UNIT/ACRE and contains approximately 1.09 acres. The minimum lot area requirement 1-acre. The request is to create a .97 acre lot (a 0.03 acre variance). Planner: Suzanne Morgan RECOMMENDATION: Staff recommends approval of the requested lot area variance, as shown on the attached site plan with the following condition(s): 1. The properly line adjustment to create the 0.97-acre lot of record shall be approved by the City and filed of record for this variance to be in effect. 2. All structures located within the building setback adjacent to the new property line shall be relocated or removed from the properly unless otherwise permitted to remain by action of the Board of Adjustment. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: O Approved O Denied Date: June 05,2006 Motion: Second: Vote: July 5,2006 Board of Adjustment BOA 06-2145(Foster) Agenda Item 3 Page 1 of 12 BACKGROUND: Property: The subject property contains 1.09 acres and is located west of Rupple Road. The property is zoned RSF-1 and is developed for a single family dwelling. Background/Proposal: On February 28, 2005, the Planning Commission approved a 76 single-family lot subdivision (Bellwood Subdivision Phase I) on a 26.4-acre tract located between Rupple Road and Willow Springs Subdivision. Construction of infrastructure is in its final stage and the applicant anticipates submitting the final plat for Bellwood Subdivision within the next few months. Since the approval of the preliminary plat, the owner of Bellwood Subdivision purchased a 1.09-acre single-family lot located adjacent to Lot 9 of Bellwood Subdivision. The applicant desires to adjust the property line between the subdivision and single-family dwelling to enlarge the subdivision by 0.12 acres and increase the lot yield by one single family dwelling. The minimum lot size for a single family dwelling zoned RSF-1 is 1 acre. Therefore, a property line adjustment cannot be approved without the approval of a variance as it would create a nonconforming lot within the RSF-1 zoning district. Request: The applicant requests approval of a variance of 0.03 acres to create a 0.97-acre single family lot within the RSFA zoning district. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Vacant RSF-1, Res. Single Family— 1 unit/acre South Single family residential &pasture RSF-1, Res. Single Family— 1 unit/acre East Vacant R-PZD Wellsprings West Single family subdivision under construction RSF-4, Res. Single Family—4 units/acre GENERAL PLAN DESIGNATION: Residential FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1. Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. July 5,2006 K.Weports120061BOA ReportA07-05-061BOA 06-2145(Foster).doc Board of Adjustment BOA 06-2145(Foster) Agenda Item 3 Page 2 of 12 Finding: The subject property was annexed into the city in August of 2004 when the City Council incorporated all County property surrounded entirely by the City. The properties annexed were zoned RSF-1 regardless of use or conformity of property. Some properties have since been rezoned by the property owners. This property has retained the RSF-1 zoning, as have the two single family lots to the north and the vacant property to the south. Property to the west was rezoned RSF-4 and was subsequently approved for development of a single family subdivision. By acquiring an adjacent single-family lot, the owner of the subdivision desires to adjust the common lot line approximately 40 feet. This would allow for the addition of one lot in a standard lot and block configuration. Staff finds that these are unique conditions and circumstances to this particular situation. 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 deprive the applicant of utilizing the existing, conforming single family lot or developing the adjacent RSF-4 property. The applicant has the option to request the addition of a single family lot within Bellwood Subdivision; however, such a lot would be peculiar in shape due to the jog in property lines. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The size of the existing tract is not a result of the actions of the applicant. This property was created while in the County and the annexation and rezoning of the property to RSF-1 was not a result of the actions of the existing or former property owners. The request to reduce this lot to 0.97 acres when 1 acre is required has been submitted by the applicant in order to create a uniform lot and block situation on adjacent property. 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 area variance will not confer special privileges on this applicant. The property will continue to be utilized for a single family dwelling unless otherwise rezoned. The applicant July 5,2006 K:IReports12006IB0A ReportA07-05-06WOA 06-2145(Foster).doc Board of Adjustment BOA 06-2145(Foster) Agenda Item 3 Page 3 of 12 will be required to relocate or remove an accessory structure from the property in order comply with building setback requirements. 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: One of the two lots north of the subject property does not meet the required lot area because this lot was created prior to the zoning of the property. However, the nonconformity of the adjacent property was 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 Wednesday,July 05, 2006. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: The requested lot size of 0.97 acres is the maximum lot size of the single family tract after the property line adjustment to remove the 40'jog between this and the adjacent tract. 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 area variances 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. The size of the proposed lot would be consistent and in character with the other developed lots to the north that were created prior to zoning regulations. July 5,2006 K.lReports12006WOA Reports107-05-06WOA 06-2145(Foster).doc Board of Adjustment BOA 06-2145(Foster) Agenda Item 3 Page 4 of 12