HomeMy WebLinkAbout2006-09-05 - 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
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z ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
TUESDAY,September 5,2006 at 3:45 p.m.
Room 326,City Administration Building
Approval of minutes from the June 5, 2006 meeting
The following items will be considered:
1. BOA 06-2229(GYSIN,563): Submitted by CARLA& WILLIAM GYSIN for property located at 799 S.
WASHINGTON AVENUE. The property is zoned RMF-24, MULTI FAMILY-24 UNITS/ACRE and contains
approximately 0.15 acres. The request is for a variance of the side and rear building setbacks to enable
placement of a storage shed 3' from the property lines. Planner: Suzanne Morgan
2. BOA 06-2231 (ROBASON,485): Submitted by MORRISON SHIPLEY ENGINEERS,INC. for property
located at 403 E LAFAYETTE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains
approximately 0.20 acres. The request is for a reduced front setback on Walnut St. for an existing single family
dwelling and the expansion of an existing non-conforming deck.
Planner: Suzanne Morgan
3. BOA 06-2248(MCDONALD,367): Submitted by KEVIN T. &MELANIE J.MCDONALD for property
located at 2016 N. GREGG AVENUE. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE
and contains approximately 0.72 acres. The request is for a 19'variance from the required 25'front setback to
bring an existing non-conforming structure into compliance. Planner: Andrew Garner
4. BOA 06-2249 (MCDONALD,367): Submitted by KEVIN T. &MELANIE J.MCDONALD for property
located at 2032 N GREGG AVENUE. The-property is zoned RMF-24,MULTI FAMILY 24 UNITS/ACRE and
contains approximately 0.72 acres. The request is for a T variance of the required 25'front setback to bring an
existing non-conforming structure into compliance. Planner: Andrew Garner
5. BOA 06-2250 (THE DICKSON,483): Submitted by COLLINS HAYNES for property located at 608 W.
DICKSON STREET. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 0.23
acres. The request is for a 0'0" setback. The current zoning requires a 5'0" setback.
Planner: Andrew Garner
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.
' U- BOA Meeting of September 05, 2006
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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: August 30, 2006
BOA 06-2229 (GYSIN, 563): Submitted by CARLA & WILLIAM GYSIN for property
located at 799 S. WASHINGTON AVENUE. The property is zoned RMF-24, MULTI
FAMILY - 24 UNITS/ACRE and contains approximately 0.15 acres. The request is for a
variance of the rear building setbacks to enable placement of a storage shed 3' from the
property lines.
Property Owner: William & Carla Gysin Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends denial of the requested setback variance, as shown on the
attached site plan.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: O Approved O Denied
Date: September 05,2006 Motion: Second: Vote:
BACKGROUND:
Property description: The subject property contains approximately 0.15 acres (50' x
130', 6500 SF) and is located at 799 S. Washington Avenue containing Lots 33 and 34,
Block 1, of Glenwood Park Addition. This and the surrounding properties consist of a
combination of 25' wide lots platted in 1912. It is zoned RMF-24 and is to be
redeveloped for a single family dwelling.
Background: In March of 2006, the Board of Adjustment approved a 10' lot width
variance to allow this 50' wide lot to be developed for single family use. There was an
existing single family dwelling with two accessory structures on the property. The
applicant is in the process of constructing a new single family dwelling on the property.
It was indicated on the site plan reviewed for the previous variance that all structures
September 5,2006
Board of Adjustment
BOA 06-2229(Gysin)
Agenda Item 1
Page 1 of 12
would be located outside of the building setbacks.
Proposal: The applicant requests approval of a variance to relocate the larger accessory
structure within the rear and side building setbacks, approximately 3 feet from the
property lines.
Table 1
Variance Request
Variance Issue Ordinance Requirement A licant's Request
Rear Setback 25' 3' (a 22' variance)
Side Setback 8' 3' (a 5' variance)
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
from Site
North Single family detached dwellings RMF-24, Residential Multi-Family—24 units/acre
South Single family detached dwellings RMF-24, Residential Multi-Family—24 units/acre
East Single family detached dwellings RMF-24, Residential Multi-Family—24 units/acre
West Single family detached dwellings RMF-24, Residential Multi-Family—24 units/acre
INTERIM FUTURE LAND USE PLAN DESIGNATION: Residential
SECTOR MAP DESIGNATION: Growth Sector,Infill
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.
Finding: The buildable area on this lot is 75' by 34' or 2,550 square feet. The
applicant has received approval to construct a 1568 square foot home
on the property. This lot meets the minimum lot area requirements
within the RMF-24 zoning district and there is ample room to locate
primary and accessory structures. Staff finds that there are no
conditions peculiar to this land and structure which are not applicable
to other properties within the same district and neighborhood.
September 5,2006
K.IReportA20061BOA Reports109-05-06180,1 06-2229(Gysin).doc Board of Adjustment
BOA 06-2229(Gysin)
Agenda Item 1
Page 2 of 12
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: Chapter 164 of the Unified Development Code states, "No accessory
structure shall be erected in any required setback." This restriction is
applicable to all properties in all districts. Literal interpretation of
zoning regulations related to accessory structures in the building
setback will not deprive this applicant to rights enjoyed by other
properties in the city.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: In March of 2006, the applicant requested a variance for the lot width
of the property in order to rebuild a single family dwelling unit on the
property. The site plan submitted and reviewed for this application
represented the relocation of the accessory structures within the
allowable building area. Conditions were placed on the variance
application that all accessory structures shall be placed on the
property such that they would not encroach into any required
building setback. This request for a variance of setbacks is 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: There are other properties in the neighborhood that have accessory
structures located at the back corner of the property which do not
meet the setback requirements. To do so requires approval of a
variance, and it is unlikely that many of the surrounding properties
have received the necessary variances. By submitting the variance
application, the applicant has taken the correct steps to request the
placement of the accessory structure in the setbacks. However,
granting the variance would grant privileges that are denied to other
properties.
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.
September 5,2006
K.Weports120061BOA Reports109-05-061BOA 06-2229(Gysin).doc Board of Adjustment -
BOA 06-2229(Gysin)
Agenda Item 1
Page 3 of 12
Finding: Several lots in the immediate vicinity have small storage sheds in the
back corner of the property. However, these existing
nonconformities, nor 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, September 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 setback variances of 5' to the north and 22' to the west
are not the minimum variances necessary to accommodate the
accessory structures, but it is what has been desired width variance is
the minimum variance necessary to accommodate the proposed
structure.
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 setback variance for the accessory: structure is not in
harmony with the intent of zoning which prohibits such occurrences:
The adjacent property owners to the north and west will be those
most affected if the variance is granted and the structure is placed at
the northwest corner of the property. Staff has not received any
comments either for or against this request from these adjacent
property owners.
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.
September 5,2006
K.lReportst20061BOA Reports109-05-061BOA 06-2229(Gysin).doc Board of Adjustment
BOA 06-2229(Gysin)
Agenda Item 1
Page 4 of 12
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: Accessory structures are permitted within the RMF-24 zoning district
subject to the requirements set forth in Ch. 164.02 of the Unified
Development Code.
, r
September 5,2006
K:IReports120061BOA Reports109-05-061BOA 06-2229(Gysin).doc - Board of Adjustment
BOA 06-2229(Gysin)
Agenda Item 1
Page 5 of 12
City of Fayetteville Unified Development Code
164.02 Accessory Structures And Uses
Accessory Structures And Uses. Accessory structures and uses shall be subject to the applicable
use conditions set forth in Zoning, Chapters 160 through 165, and to the following general
conditions:
(A) Accessory structures.
(1) When erected. No accessory structure shall be erected on any property prior to the
construction of the principal structure, UNLESS such accessory structure shall have been
approved by the Planning Commission as a conditional use. An approved accessory
structure erected prior to the principal structure shall not be inhabited.
(2) Integral part of principal structure. An accessory structure erected as an integral part of
the principal structure shall be made structurally a part thereof, shall have a common wall
therewith, and shall comply in all respects with the requirements of the building code
applicable to the principal structure.
(3) Where erected. No accessory structure shall be erected in any required setback.
(4) Size of accessory structure(s). An accessory structure(s) shall be 50% or less of the size
of the principal structure. Any accessory structure(s) requested that is greater than 50%
the size of the principal structure shall be allowed only as a conditional use and shall be
granted in accordance with §163, governing applications of conditional use procedures;
and upon the finding that the requested structure is designed to be compatible with the
principal structure on the property and those on surrounding properties.
(13) Swimming pools. Swimming pools shall not be located in any required front setback.
161.13 District Rmf-24,Residential Multi-Family—Twenty-Four Units Per Acre
(A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the
developing of a variety of dwelling types in suitable environments in a variety of densities.
(13) Uses.
(1) Permitteduses. -
Unit 1 City-wide uses by right
Unit 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 conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 25 Professional offices
Unit 24 Home occupations
Unit 36 Wireless communications facilities
September 5,2006
K:IReports1200600A Reports109-05-061130A 06-2229(Gysin).doc Board of Adjustment
BOA 06-2229(Gysin)
Agenda Item 1
Page 6 of 12
(C) Density.
Units per acre 4 to 24
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
Lot within a Manufactured 50 ft.
home park
Single-family 60 ft.
Two-family 60 ft.
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home ark 3 acres
Lot within a mobile home 4,200 sq.ft.
ark
Townhouses:
*Development 10,000 sq.ft.
*Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 7,000 sq.ft. -
Three or more 9,000 sq.ft.
Fraternit or Sdrorit 2acres
Professional officesI 1acres
(3) Land area per dwelling unit.
Manufactured home 3,000 scl.ft.
Apartments:
*No bedroom 1,700 sq.ft.
-One bedroom 1,700 sq.ft.
*Two bedroom 2,000 sq.ft.
Fraternit or Sorority 1,000 sq.ft.per resident
(E) Setback requirements
Front Side Rear
25 ft. 8 ft. 25 ft.
Cross reference(s)--Variance,Ch.156.
(F) Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side
boundary line an additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. None.
September 5,2006
K:IRepor1s12006W0A Reports109-05-061BOA 06-2229(Gysin).doc Board of Adjustment
BOA 06-2229(Gysin)
Agenda Item 1
Page 7 of 12
William L.&Carla D.Gysin
348 W.South Street
Fayetteville,AR 72701
479-251-7851
August 14,2006
Office Of City Planning
125 West Mountain
Fayetteville,AR 72701
RE: Variance on 799 S.Washington Ave.
To the Chair of the Board:
William and Carla Gysin have contracted with United-Bilt Homes,Inc.,to construct a 1,556 sq.it
home on the above referenced property to be used for our primary residence. These lots have a
combined size of 50'a 1301.It is our understanding that there is a 25'setback from the rear of the
property line,and an 11'foot setback from the front the of the property line. There are two portable
frame buildings(storage sheds)on the property both of which were on the property before the
previous owners.
We respectively request a variance based on the following:
1. The owners intend to improve the neighborhood by building a new home where previously a
home in poor condition stood.The homeowners intend to build a new fence where previously a small
wire fencing separated the properties. The new fence will completely enclose the property along the
two sides and the back respectively.
2. The variance would allow the home owners the opportunity to place a(B)12x20 portable frame
building directly in the northwest corner of the property thus enabling the use of a back yard. The
second(A)&5x8 portable frame building would be placed on the southeast of lot placed directly
behind the new home.
We respectively request consideration of a setback of 3-5 feet off the property line. Currently the
Land Survey shows the buildings placed directly behind the new home approximately in the middle
of the back yard
The literal interpretation of this provision would deprive the applicant of rights commonly enjoyed
by other properties in the same district under the terms of this ordinance.
3.The homeowners on either side of property have been notified of our intention of placing the two
sheds off the property line on the northwest side.The present homeowners did not receive an
objection.
4.The setback requirement was enacted long after this subdivision was platted.
This property is located in a residential neighborhood and this request would simply allow for the
portable buildings to be placed in an area that will give the appearance of a garage on the property
and give a continue use consistent with the rest of the neighborhood.
We will appreciate your favorable consideration of this variance as requested.
Sincerely,
William and Carla Gysin
September 5,2006
Board of Adjustment
BOA 06-2229(Gysin)
Agenda Item 1
Page 8 of 12
84515 OF BEARING } B UN04RY. SLbdlvislon Plot.
LLr61 FOR USE By- UNITED-BRT HOMES, INC.
AND/OR ITS SUCCESSORS Ec ASSIGNS.
S. WASHINGTON AVE.
(40' R/W, 20'Asphalt)
Euro uI cab cut
5 4 Concreft, Walk i�
100,2' SOUTH .m. 50,1
E5' m� 25 25'
j LEGEND
deAZ I s • Exist. hon Pin
m I 11' Bldg. Setback. Q Set Spike
_ 28.0 /0' Line w.m. - water Meter
e EXISjINO 9.m. Gas Meter
0 1—STOR o I P-P• Power Pole
35 Xt FRAaIE RES, �, I j —. Fence
L01 I (799)1 ) Y 01 32 — - - — Aerial Power Line
(m sE REAgyEO) a
wl Underground Tele. Line
M
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p' 10
1A I Portable Forme - I LEGAL DESCRIPTION:
N* (B) ) 2 Lots Numbered Thirty-three (33) and Thirty-
` , four (34) in Block Numbered One (1) in
Glenwood Pork Addition to the city of
/ r'Roar, r Fayetteville, Arkansas, 03 the some are
1 a-b-g I O I known and designafed upon the recorded
L I plot of said addition now on record in the -
r 'office of the recorde, of Washington.County,
/ I (e) I Arkansas.
LO7I34 LOT133
t z.1
3swy fs`elbaal >;;
J.I
L K 120 - 0 20
25
25'- - GRAPHIC SCALE IN FEET
/ NORTH 50.f'
LTm Cor.
20'ALLEY
ZONING CLASSIFICATION- RMF-24
Property depicted is no located in a special flood hazard area according to FIRM 05143CO092D, dated 07/21/1999.
NOTICE: This plot is for ff ytgM purposes only for Person(s) prepared far and should not be used for any other purpose, or by
third party, without first contacting the surveyor and receiving permission, an update, corrections, or o written explanation
Of this document's limittions. This survey represents on opinion of the surveyor lased on a limited amount of research
and is subject to any wevious or subsequent annoochmenis or boundary cordTicis by adjoiners, and such facts as
on accurate and curr title search may disclose. Surveyor hos made no Independent or subsurface investigations.
Owners) or Buyers) s Quid satisfy themseWes, or by precursor, as to the condition of.the property by examination.
.The surveyor and Mark Breen Land Surveying disclaim OR responsibility far any liability. loss. Injury. or damage incurred
as a convequenttI dir fly or indirectly, of the unowhorized use and application of any of the contents of this plot.
copyright 0 2006 by Mork d. Been fond w"ilieg. Ag rights:reserved.This plat,or any pods thereof, may no( be reproduced in any manner.
MARK J. BRE N \\\coottt5TpNf,111. . L O T S U R\/ E Y
Lund Surva,yl cj �r1_...`*!C�+�,,'
P.G. Box.1743 a a ' STATE OF
LOTS 33 & 34, BLOCK 1,
•°"WoeO 7936 =o' A""";rGLENWOOD PARK ADDITION,
- (479) 462-8445 a,�:
FAYETTEVILLE, WASHINGTON COUNTY,
final pale: January 4, 200 ARKANSAS. September 5,2006
Seale: 1" = 20' %l� .J. 5`� Cuslomer: William 4 Carlo 4ysin - Board of Adjustment
Mn By: jhsir,�r \per` BOA 06-2229(Gysin)
Orli No.: 16004 rriph�ILtttLA v\J Prepared For: United-B'ilt Homes, Inc. Agenda Item 1
Revision: I sheet t of 1 Page 9 of 12
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Page 11 of 12
September 5,2006
Board of Adjustment
BOA 06-2229(Gysin)
Agenda Item 1
Page 12 of 12
+ g BOA Meeting of September 05, 2006
'7
ARKANSAS
'rllE 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: August 30, 2006
BOA 06-2231 (ROBASON, 485): Submitted by MORRISON, SHIPLEY ENGINEERS,
INC. for property located at 403 E LAFAYETTE. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.20 acres. The
request is for a reduced front setback on Walnut St. for the expansion of an existing non-
conforming deck. Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of a variance of the front building setback to bring the
existing nonconforming single family dwelling into compliance.
Staff recommends denial of the proposed deck which will significantly encroach
within the front building setback. Staff recommends approval of a variance to allow
construction of a 6' tall, 5' wide walkway to provide ingress and egress to a deck
located within the buildable area of the lot(see attached site plan on page 11).
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: 0 Approved O Denied
Date: September 05,2006 Motion: Second: Vote:
BACKGROUND:
Property description: The subject property contains approximately 0.20 acres (55' x
161', 8855 SF) and is located at 430 E. Lafayette Street, the corner of Lafayette Street
and Walnut Street. This property is zoned RSF-4 and meets the minimum lot area and lot
width requirements. A single family structure was constructed on the property many
decades ago which encroaches into the front building setback adjacent to Walnut Street.
The side door of the home, elevated approximately 6' above grade, opens onto an
existing 8' x 8' deck. The applicant proposes to replace and expand the deck of the
home.
September 5,2006
Board of Adjustment
BOA 06-2231 (Robason)
Agenda Item 2
Page 1 of 14
Proposal: The applicant requests approval of a variance from the front building setback
to construct a new deck to the west and south of the existing dwelling.
Table i
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Front (west) Setback 25' 0' (a 25' variance)
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
from Site
North Single family detached dwellings RSF-4, Residential Single-Family—4 units/acre
South Single family detached dwellings RSF-4, Residential Single-Family—4 units/acre
East Single family detached dwellings RSF-4, Residential Single-Family-4 units/acre
West Lafayette Lofts (multi-family) R-PZD
INTERIM FUTURE LAND USE PLAN DESIGNATION: Residential
SECTOR MAP DESIGNATION: Growth Sector,Infill
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.
Finding: As is the case for most of the development in this area, developed in
the downtown area, this home was constructed prior to the adoption
of current zoning ordinances. The existing dwelling encroaches
within the front building setback on Walnut Street. The home was
built with a side door that opens to Walnut Avenue and a deck with
stairs to accommodate a 6' drop was built to provide access to the
yard. Staff finds that these circumstances are unique to the building
and property.
September 5,2006
K.tReports120061BOA Reports109-05-061BOA 06-2231(Robamon).doc Board of Adjustment
BOA 06-2231 (Robason)
Agenda Item 2
Page 2 of 14
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: Enforcement of the setback requirements on this property would
deprive the applicant rights of significant improvements or additions
to the dwelling. A variance of setback requirements for the existing
structure are warranted to provide the applicant the availability of
improving the home.
The noncompliant situation of the home and location of side door
creates the need to install a deck that encroaches into the setback.
The existing deck is fairly small in size. Granting a variance to allow
the expansion of the deck further into the setback would bestow
privileges to this owner that are not commonly enjoyed by others
within the same district. Staff recognizes the need for a 6' tall
walkway from the side door to the back of the home that will
encroach within the building setback and recommends that the main
deck be constructed within the permitted building area.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: That the home and existing deck were constructed in the building
setbacks is not a result of the actions of the applicant. The proposed
location for the expansion of the deck is the applicant's desire and
does not result from any outside source.
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 a variance for the footprint of the existing structure will not
confer privileges on this applicant denied to other structures in the
same district,when a similar variance is requested.
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 existing nonconforming uses were considered for grounds of
approval or denial of the requested variances.
September 5,2006
K.lReports120061BOA Reports109-05-06WOA 06-2231(Robrz on).do Board of Adjustment
BOA 06-2231 (Robason)
Agenda Item 2
Page 3 of 14
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, September 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: Staff recommends granting a variance for the existing footprint of the
structure, the minimum necessary to bring the structure into
compliance.
Staff finds that the applicant's proposed deck expansion extends more
than necessary into the front building setback. By constructing a
walkway out of the side door and around the southern portion of the
home and expanding the main area of the deck into the buildable area
will minimize the necessary variance and create a safer situation for
pedestrians and vehicles traveling on Walnut Street.
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 setback variance for the existing single family dwelling
and as minimal as a portion of the deck as possible is in harmony with
the purpose of the zoning setback requirements.
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 approval of a variance to bring the existing
dwelling into conformity with required setbacks and denial of the
proposed request for the deck expansion. Staff recommends a
variance for a minimum encroachment of a new deck (see attached
site plan).
September 5,2006
K.IReports1200600A Reports109-05-06180A 06-2231(Roboson).doc Board of Adjustment
BOA 06-2231 (Robason)
Agenda Item 2
Page 4 of 14
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: Single family dwellings and decks are permitted within the RSF-4
zoning district.
September 5,2006
K.IReports1200600A Reports109-05-061BOA 06-2231(Robxon).doc Board of Adjustment
BOA 06-2231 (Robason)
Agenda Item 2
Page 5 of 14
City of Fayetteville Unified Development Code
161.07 District Rsf-4,Residential Single-Family—Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of
these types.
(B) Uses.
(1) Permitteduses.
Unit 1 I City-wide uses by right
Unit 8 1 Single-family dwelling 777
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Single-family Two-family
dwellin s dwellin s
Units per acre 1 4 or less 7 or less
(D) Bulk and area re ulations.
Single-family Two-family
dwellings dwellings
Lot minimum width 70 ft. 80 ft.
Lot area minimum 8,000 sq.ft. 12,000 sq.ft.
Land area per 8,000 sq.ft. 6,000 sq.ft.
dwelling unit.
Hillside/Hilltop 60 ft. 70 ft.
Overlay District Lot
minimum.width
Hillside/Hilltop 8,000 sq.ft. 12,000 sq.ft.
Overlay District Lot
area minimum
Landarea per 8,000 sq.ft. 6,000 sq.ft. .
dwelling unit
(E) Setback requirements. Single Family Dwellings.
Front Side - Rear
25 ft. Ji 8 ft. 20
HHOD Front I HHOD Side HHOD Rear
15 ft. 1 5 ft. 15 ft.
(F) Height. Structures in this District are limited to a building height of 45 feet as measured from the
lowest point of the structure at the historic grade. The height of a proposed structure may only be
increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing
structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming
uses.
(G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of
such lot.
September 5,2006
K.IReports00061R0A Reports109-05-061BOA 06-2231(Roby on).doc Board of Adjustment
BOA 06-2231 (Robason)
Agenda Item 2
Page 6 of 14
July 16, 2006
Fayetteville Board of Adjustments
Fayetteville Planning Commission
125 W. Mountain
Fayetteville,AR 72701
Dear Mr. Chairman,
In an effort to obtain a building permit to replace our existing deck at 403 E. Lafayette
Street we respectfully request a variance from the board of adjustments on lot dimensions
and setback requirements associated with RSF-4 zoning. Our lot is 55' wide by 161'
deep. Although we meet the minimum area required in RSF-4 zoning,we do not have
the required lot width of 70'. This lot is part of the Masonic Addition Subdivision which
was platted in the early 1900's or before. The majority of the homes in our subdivision
will not comply with the zoning regulations currently in place with the City.
We live on the corner of Lafayette and Walnut. Since this is a corner lot, 25' setbacks
apply to both streets. Our house fronts Lafayette. Currently we do not meet the setback
on Walnut by 17'. Our house is located approximately 8' from the right-of-way on
Walnut Street. There is an existing 8'x 8' deck which leads to the side entrance into our
house. Our intentions are to tear down the existing deck and replace it with a 420 square
foot deck which will wrap around to the back of our house. The proposed deck will not
extend any closer toward Walnut Street than the existing deck however the overall square
footage of the deck will increase into our back yard.
We respectfully request to be placed on the agenda for the Board of Adjustments meeting
on September 4, 2006.
Sincerely,
Heather and Kelly Robason
September 5,2006
Board of Adjustment
BOA 06-2231 (Robason)
Agenda Item
Page 7 of 14
tCXISTiN9 CoNI� ITION,S
OWNERS KELLY & HEATER ROBASON
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Page 11 of 14
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Page 12 of 14
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M les Board of Adjust, nt
BOA 06-2231 (Robas n)
2
Page 13 of 14
September 5,2006
Board of Adjustment
BOA 06-2231 (Robason)
Agenda Item 2
Page 14 of 14