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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 ? ti z {7 11 � r 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 9V =mom 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 Maryin A)PIb/. ta (Pdk50) 1 f m Frame I W to Ae moved iy 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 BOA06-2229 GYS I N Close Up View iIf G��f A�C. M- - �ek�,t,�c;. mc,.v�v,��.�,, x 3�3c.J ` ��,v�£• S�S.�KY' \ .3 i SUBJECT PROPERTYelm< WIM, EM l \ onf , 4H 1 la a x Overview Legend vec1,snGDB.Footpnnt-2004 Overlay District—FLOODWAY ---- 50 YEAR — 100 YEAR --- 111 11T OF STUDY - - -N 5eu,..Prafile O F yetteville OL tside City EM BC A05-2229 Hilside-Hilltop Overlay District September 5,2006 0 37.5 75 150 225 300 Board of Adjustment BOA 06-2229(Gysin) Feet Agenda Item 1 BOA06-2229 GYS I N One Mile View d1 R 1 c v �. RSF-4 a, F•za g, I � .F RMF.60-RMFde - I -I M 1 CQ _ 1 I RSFd I RSF-4$ ', rlAt. P-1" IIg � RSFd i k 6 RMFdn RMF-00� RMF-0 F-0 RSFd �"RSFd'n+^s''armzR,n-i+,�.P$FS RSF3�i di If P1 P2 G2 rSE741 y RMF-00 _ RSF-0 _ RSFd RsE4 - t r RSF-0 RSFd R' R.. 1 f H G3 r CJ IG3� a R-0 R-0 nz I1 „ Cl3il CJ . Gj '�R11 G2 .. .R RMF-00 S �j f ,rR,D R-0 Y�' C3 63 RMF-24r`_ ME _ N Rt�tt.RMF+�e F1 R-0�R-0 f Iy.D R-0 GO � l.r 24" IRMF 24 -_ F RMF "`N_ "AFY i I G3 G41 I RMF.4 I RMF' A';�RMF 24IU RMF-46� yl iR-0 I �-0�C3- G4 �G4� C3 �I 1 ,F24 P RMFdU t - L.- RMF 29�A-0�G9 -R-0 C3- GA iC-0I A� R 26T_ \ RMFL10 - - { a1 R-0 -0 4 P1 SUBJECT PROPERTY {� RMF-00 NEST PHO R-0 R1�.. -f � ftMF-4d MPoO y i R-0 RM T k-7 R R RM-41RMF 24F 'AG2 11 ��9 41 C2 Q2 RI d RMFrl AA I 2, � MF24 G1 C 2 ° x GP GE RW-24 I e l RAF T4 /'i4 A I - - RMF24M(Ff24 2, - RMR24 F2Q RMF.26P1 RMF24 02� ISrr 8LLE099 \ G2 RMF24 14 - HUNTSVILLE_ -0 1 3N R �A1 ILEI IF 24 RSF-0 RSF-4 R RSF-0 RMF-24 - RMF24 & \ < 'RSFd RSF-0 _ R11 b Tt#ST ' o W42 RSFd G1 RIVATE 889D0. {L 'IRMF-24 RMF34 RMF24 RMF 2P RMF24\ IRMF 24 R-0 _ u 'RIME-241' - '4lFEF�� MF 24- sMF2d —PL Ia NANTULKET)JR- P t 12 26 —, A�� dRhff 2� G2 MF 4,1,-___ � a v �- i R ' "� x4 I aM�zn SYH ST _—_:�MF24 Rn�2a F; z ti aR'nrAY c- _ -3S .,, 4MF-24 I � tt 1 E 122 5 D R z4Rb-24 Gz MF za _ t _. �R Fza -.• - RMF 24 LST S RMF 26,�/ ,, b RMF 24 a RMF24 G1 9{ G2 R-0 t l_1 y FMF-z4 1� i G2. I RAL1 I1 1 �{1MF24 1 I t RMF�L4 ` .r,wI G2 RMF 24 1 A 12 Zi to �Op I RMF 24 < RMF2 RSF-0 F1 3 � w r SFd RSF-0 ` "G1 e - J RMF-24 T1 A 412 1 4 � C4 �u b��� RSF4 � k I RSF-0F .. E2183 DR 1Zw PU PSTA ON.RD J2SF� �RSF-0� {- G2 - 1 < I 2 RA .� .I2 I2 USR 2 1.2 -- Overview Legend Boundary Subject Property � N -" .o Planning Area BOA06-2229 i0000g o Overlay District _ _- ❑ Outside City Legend Hillside-Hilltop O erlay District L , - 0 0.25 0.5 September 5,2 6 '-- Board of Adjust, nt M les BOA 06-2229(Gy n) A enda Ite 1 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 - -. . - PHONE- 479-387-7377 ,> ADDRESSL 403 E. LAFAYETTE STREET PART OF LOTS 1&2, BLOCK 10 MASONIC ADDITIDN E. LAFAYETTE STREET - -- - __ __ � ' 1 q03 16. � Lti�aye#e I i z i, :� EX�6fINC� Q'x'8 �vePC-D � I3 i� 1 ' 20 1'R/W 061 ( ! I , 1 L _l BSL - I l � � Sc e _- Septembef 5,2006 - I�fB�aV,td'R,Glustment -- '� - A 06-- (Robason) Agenda Item 2. Page 8 of 14 ----- -- ��1��� - �ro�osPc� �Ma►�oVE�l�n/�� E. LAFAYETTE STREET M 25' SBL J m VI i 8.37' Lil LJ EXISTING COVERED DECK (TO BE REMOVED} f— N C4 TN z J Q bo � m zo' 25.5' I 20' SBL Ssotmentment 2006 Bo BOA 06-2J31 (RobajSon) ! IAge �T{Am 2 f ?woof 14 o z 0 w J w �—_ C) Q m Y w N Q^ z 0 3 Q w > w 2 , w � w bar J o / 2006 S"BoAdjustmen t BOA 06-2231 (Robason) Agenda Item 2 Page 10 of 14 � � 5 Ce c o sn menjed ( rn vybv�e�merck, OWNERS- KELLY& HEATER ROBASON PHONES 479-367-7377 ADDRESS: 403 E. LAFAYETTE STREET PART OF LOTS 1&2, BLOCK 10 MASONIC ADDITION E. LAFAYETTE STREET — __ - - - - - - __ - - Q s e - - - - - i 1 BSL l__. g031E, i I t r' w IJ P-8 c eP.ep DO l< 'R/ I I v � I 8' BSL I le a Se tembj 5,2006 I �na�ofAtljustment OA03 (Robason) Agenda Item 2 Page 11 of 14 BOA06-2231 RO BASO N Close Up View 6 .}' a rq v "A" l. Still," is 1 SUBJECT PROPERTY - I LAFAYErTE ST � IAFAYETiE ST S S I C l l\ I aU �I \' � Q h S 4 S _ SUrroolST —_-- _ --SUTTONST_.- - ',F tY SrtV1 �1 z Y> r Overview Legend vectocGDB.Footprint-200480000 Overlay District — FLOODWAY --50 YEAR 20000 — 100 YFAR --- [.11 IT OF STUDY – – - B6 5eLine Profile O F 3yefteville [ OL side City EM EK A06-2231 Hil ide-Hilltop Overlay District September 5,2006 - 0 37.5 75 150 225 300 Board of Adjustment Feet BOA 06-2231 (Robason) d. Page 12 of 14 BOA06-2231 RO BASO N One Mile View .14 jL ,r ,.9r•^;ba(�� - ... wra I" l-0I ::e�iN oA g rlAnn9tu SF4 RSF-0 JI g - ``_ i 1 RSFA RSF� W ' F R-0 �1 RMF 24 i. 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'IRMF 24 ,�41 1,- RMF 24 /, }� 9 4TH ST24 -_ 'gl G2-1 t RMf-1A� Ppy RMF 2} < j F,2 F26�H i F i P t MRSF-0 {RSF-0 HMF-24 ALLEY]99,i G2. R - � - _ _ HUNTSVILLE !m M \ RMF24 MFaa S R-0 RMF 2p RSF4 RSFd RSF rF-0 'RSF-0 r P-1 TH3f RR 4 G1 C-1, RM t F 24 RMF-24 ,rye 1�� P1 1 RM11F 2444 RMFP4 RMF24� j R-0 RSF Gt =I M.ff ZN 1^11 Sm. t G2 IQ i L - RMF 24 +R F24 1 12 1 �� _ IRMF24 F 2 G� to €24 - TH PL NHNYLLGS R RMF 24 .'� f of v RMF 24 12TH ST I s 1' _ - G2 pG .p.l. RSFA Overview Legend Boundary _ - "--" Subject Property - _._,_ __- ''`s' Planning Area IM 13OA06-2231 ,p000g o Overlay District __ ❑ Outside City Legend --' Hillside-Hilltop O erlay District O 0'25 0'5 September 5,20 6 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