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HomeMy WebLinkAbout2006-12-04 - Agendas **4 TY e eVi le 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 MONDAY,DECEMBER 4,2006 at 3:45 p.m. Room 326,City Administration Building The following items will be considered: 1. BOA 06-2374(JUDKINS,404): Submitted by BATES &ASSOCIATES for property located at 1217 STEPHENS. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.14 acres. The request is for an 8'setback along Wedington(a 17'variance),and for a 6,098 square foot lot(a 1,902 square foot variance). Planner:Andrew Garner 2. BOA 06-2375(PAGE,400): Submitted by WANDA JETER(PAGE)for property located at 1385 N. RUPPLE ROAD. The property is zoned RSF-1, SINGLE FAMILY- 1 UNIT/ACRE and contains approximately 0.89 acres. The request is for a 10'setback on the west and south (a 25'west and 10'south variance.) Planner:Jesse Fulcher 3. BOA 06-2376(POORE,294): Submitted by ALAN REID for property located north of Township Street and the Vandergriff School campus. The property is zoned R-A,RESIDENTIAL-AGRICULTURAL. The request is for a reduced lot width of 130' (a 70'variance). Planner: Suzanne Morgan 4. BOA 06-2377(GRISSO,484): Submitted by JUDY AND BILL GRISSO for property located at 213 N.LOCUST. The property is zoned Downtown General and contains approximately 0.18 acres. The request is for reduced setbacks from the requirements of Ch. 163.13 (C). Planner: Suzanne Morgan 5. BOA 06-2378(O'NEAL,520): Submitted by JOSH O'NEAL for property located at 1940 MAINE STREET. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.16 acres. The request is for a 50'lot width(a 10'variance)and for lot area of 6,935 s.f. (a 65 s.f. variance.) Planner: Jesse Fulcher All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(479-575-8267),125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330. ORDER OF BOARD OF ADJUSTMENT MEETING A. Introduction of agenda item—Chairman B. Presentation of Staff Report C. Presentation of request—Applicant D. Public Comment E. Response by Applicant/Questions & Answer with Board F. Action of the Board of Adjustment (Discussion & Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Board of Adjustment on an agenda item raise your hand when the Chairman asks for public comment. He will do this after he has given Board members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Board of Adjustment. 2006 Board of Adjustment Members Bob Nickle (Chairman) Sherrie Alt Robert Kohler Eric Johnson Karen McSpadden William Chesser James Zant He I BOA Meeting of December 4,2006 tamie,le-sn 125 W. Mountain St. ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: November 28, 2006 BOA 06-2374 (JUDKINS, 404): Submitted by BATES & ASSOCIATES for property located at 1217 STEPHENS. The property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.14 acres. The request is for an 8' setback along Wedington(a 17'variance),and for a 6,098 square foot lot(a 1,902 square foot variance). Property Owner: ACJ ENTERPRISES,LLC Planner:ANDREW GARNER RECOMMENDATION: Staff recommends approval of the requested 17-foot front building setback-variance and 1,902 square foot lot area variance as shown on the attached site plan subject to the following conditions of approval: 1. Other than the requested variances,development on the property shall comply with all development regulations in the RSF-4 zoning district. 2. A building permit shall be obtained prior to commencement of any construction. Additional Conditions/Comments: B(�id�D Q �DdU;;�'I�sI1'� ��i£1�1 C�A�rn�ed ��caru�cl t _ Secaau� — z Dade Deee�tber-4. 006 ember 4,2006 of Adjustment -2374 Judkins EMEMEMMAg"d'It em 1 Page 1 of 14 BACKGROUND: Property Description and Setting: The subject property(6,098 square foot lot)is located on at the northwest corner of Wedington Drive and Stephens Avenue at 1217 Stephens. The property lies within the RSF-4 zoning district. The property was platted and developed for a single family house several decades ago. In 1995 over half of this lot was purchased by the Arkansas State Highway Department for the widening of Wedington Drive and the house was removed. This left a remaining 6,098 square foot lot and driveway that exist today. Wedington Drive has been improved to its Master Street Plan designation as a Principal Arterial with a five-lane roadway section along the property frontage. The steep downslope required for the construction of Wedington Drive runs along the southern lot line and into the property. As depicted in the exhibits included with this report the parcel is not buildable with the current RSF-4 building setbacks. The City Master Street Plan right- of-way for Wedington Drive is 55' from centerline, but the State Highway right-of-way is approximately 70'. There is approximately 40' between the edge of the sidewalk and the property line. The ownership of the property has changed several times prior to being purchased by the current owner in 2006. The property is generally surrounded by ranch-style single family detached dwellings all within the RSF-4 zoning district. Proposal: As shown in Table 1,the applicant is requesting a 17' variance for a total of 8' of front building setback from the edge of the Wedington Drive right-of-way,rather than the 25'required in the RSF-4 zoning district,in order to construct anew single-family detached residence. Should the variance requests be approved,new construction may be permitted on the property. Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request Front Setback 25' 8' a 17' variance Lot Area 8,000 square feet 6,098 (a 1,902 square foot variance) CITY PLAN 2025 DESIGNATION: Interim Future Land Use Plan:Residential. Sector Map: Infill Growth Area 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: K.1Reports120061BOA Reports 112-04-061BOA 06-2374(Judkins).doc December 4,2006 Board of Adjustment BOA 06-2374 Judkins Agenda Item 1 Page 2 of 14 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: Over half of this original lot was purchased by the Arkansas State Highway Department in 1995 for the widening of Wedington Drive. This purchase left an odd-shaped, 6,098 square-foot parcel that is unbuildable under the current RSF-4 building setbacks and lot area requirements. The southern portion of the lot contains the steep downslope for Wedington Drive further limiting the buildable area. The State Highway right-of-way for Wedington Drive is approximately 15' greater from street centerline than required in the City's Master Street Plan for this Principal Arterial. The shape of the parcel, steep downslope for Wedington, and large right-of-way are special conditions and circumstances that are peculiar to the land in question. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would not allow construction of a residence on the property. The applicant is requesting a variance for the minimum front building setback off of Wedington Drive to provide enough buildable area to construct a single family dwelling, and for a variance of the required minimum 8,000 square foot lot area requirements. The right to construct a residence is commonly enjoyed by other properties in the RSF-4 zoning district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The conditions which created the need for the front building setback and lot area variances are not the result of actions of the applicant. This lot was originally platted as a standard single-family lot. The subsequent purchase of over half of the lot by the State Highway Department required to widen Wedington Drive was not a result from actions of the applicant. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning,Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the requested front building setback variance and lot area variance will not confer special privileges. The unusual shape and configuration of this lot is such that variances are required in order to construct a residential K1Reporu120061B0A Reportsll2-04-061BOA 06-2374(Ju Wns).doc December 4,2006 Board of Adjustment BOA 06-2374 Judkins Agenda Item 1 Page 3 of 14 dwelling. The construction of a residential dwelling on a lot in the RSF-4 zoning district is not a special privilege. All zoning and development regulations with the exception of the front building setback off of Wedington,and lot area,would be met with the proposed project. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures,or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No other nonconformities were considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,December 4,2006. 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 building setback variance and lot area variance are the minimum variances necessary to accommodate a single family dwelling on the 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. The purpose of the RSF-4 zoning district is to encourage development of low-density detached dwellings in suitable environments,as well as protect the existing development. Granting the K,Teports120061BOA Reportsl/2-04-061BOA 06-2374(Judkins).doc December 4,2006 Board of Adjustment BOA 06-2374 Judkins Agenda Item 1 Page 4 of 14 requested variances to allow for a single family residence on the subject parcel would meet the general purpose and intent of zoning regulations. However,the shape and size of the subject parcel is smaller,and an odd- shape,when compared with other lots in the neighborhood. A residence that would fit on the parcel would be different in style and size than surrounding ranch-style houses on standard rectangle lots. Allowing development of such residence on that lot would not be adverse when compared with the existing vacant property and old driveway. Allowing development on this parcel is consistent with the City Plan 2025's designation of this property as an Infill Growth Area. Staff does not find that developing a small residence on this parcel will be injurious to the neighborhood or otherwise detrimental to the public welfare. C. Conditions and Safeguards. In granting any variance,the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions for this request which are stated on page one of this report. d. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved,or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: The existing and proposed use of the site as a residence is a use permitted by right in the RSF-4 zoning district. December 4,2006 Board of Adjustment BOA 06-2374 Judkins K.IReports120061BOA Reportsll2-04-061BOA 06-2374(Judkins).doc Agenda Item 1 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 Permitted uses. Unit 1 1 City-wide uses by right 11 Unita 1 Sin le-famil dwellin 2) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density, Single-family Two-family dwellings dwellings Units per acre 1 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. - 80 ft. Lot area minimum 8,000 sq.ft. 12,000 sq.-ft. Land area per 8,000 sq.ft. 6,000 sq.ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq.ft. 12,000 sq.-ft. District Lot area - minimum Land area per 8,000 sq.ft. 6,000 sq.ft. - - dwellin unit E Setback requirements. FRONT I SIDE REAR 25 ft. 1 8 ft. 20 ft. 11 HOD Front I HOD Side IHOD Rear 11 15 ft. 1 5ft. 15 ft. (F) Height. Structures in this District are limited to a building height of 45 feet. 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. (Code 1991,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4858,4-18-06) December 4,2006 Board of Adjustment K:IReports120061BOA Reports112-04-0600A 06-2374(Judkins).doc BOA 06-2374 JudkinsAgenda Item 1 Page 6 of 14 I BIGW, Bates0 PiLssc)ciatas , Inc_ Engineering & Surveying 3561 No. College/Fayetteville, AR 72703 PH: 479-442-9350` FAX: 479-521-9350 To the Chair of the Board: Our client, Mr. Judkins, is proposing a variance within the City of Fayetteville. The subject property is located at 1217 Stephens Ave. and contains approximately 0.14 acres. Mr. Judkins would like to reduce the setback along Wedington drive from 25' down to 8'. When Wedington was widened in this location, a large piece of this property was dedicated for the right-of-way leaving a very small buildable area. No special conditions or circumstances result from any action of the applicant due to the fact that the new right-of-way results in an unbuildable lot through no fault of our client. By granting this request, we feel that no special privileges will be granted to our client because he had no control of the amount of right-of-way that was obtained. If you have any questions please feel free to contact us. Sincerely, Derrick Thomas December 4,2006 Board of Adjustment BOA 06-2374 Judkins Agenda Item 1 Page 7 of 14 l Biew, Bates0 Associates , Inc_ Engineering & Surveying 3561 No. College/Fayetteville, AR 72703 PH: 479-442-9350`FAX:479-521-9350 To Whom It May Concern: Our client, Mr. Judkins, is proposing a varinace within the City of Fayetteville. The subject property is located at 1217 Stephens and contains approximately 0.14 acres. Mr. Judkins would like to reduce the setback along Wedington drive from 25' down to 8'. If you have any questions please feel free to contact us. Sincerely, Derrick Thomas December 4,2006 Board of Adjustment BOA 06-2374 Judkins Agenda Item 1 Page 8 of 14 tis Sl i ' �' 1p✓ y i� S4 ix E.� �. ^"`.>k�'Sy� ffi � s �` 3 ��s- ['�" #'-'w' � � { { r 5+r: / sry • rt_:rtv �f ,� i � s r - 1�. � s <iwr .• 145 r � rr • z:A Subject Property �r� i � h x ,. W4 El avk �a 01 f > � i s Y s v i '. - .yr✓-v: -f Y � ' .. r. �y M v 3 1217 Stephens Avenue December ,2006 Board of Adj tment 1 inch equals 40 feet BOA 06-2374 kips Agend I m 1 60 30 0 Bbgt, o of 14 fl L PdF h ix Subject PropertyLUs Y � . g� Te %rte AFS r.b" n3e xi 1217 Stephens Avenue December 2006 1978 Aerial Photo Board of Adj ment 1 inch equals 70 feet BOA 06-2374 kips Agend I m 1 100 50 0 100 Feet Page 11 of 14 OEML it Subject PropeMA rty ® a ! OIL j sum wMdMMML 0 I No S December 2006 1217 Stephens Avenue Board of Adju ant 1 inch equals 140 feet BOA 06-2374 J ins Agenda to 1 200 100 0 200 Feet Page t of 14 BOA06-2374 ,J U D K I N S One Mile View KNApP STST WISE I ' - RSF-0 a-nr`-�rvil aMF z4 "l2 K p q I p R ,REFI C1 OI i� 9G /I£ a S 11 �/I L IRdI 1� _U I 6ARRETT DR � _,1�I RBF CARR I � I o RMF 4 RMF24 RA � 7 v —J RMF 24 S I RSF4f 10.2/1� �MIt i Ya _ l� In 7 c r I )peri f:{Ij�F.,� � � .�EAVE R�-tine RMF-60 � 1;1 L-v 9 �RSFSI RQ�I RSF i xHECIC26�. � X24 Y .. RA j ..� R$Fd ftSFd _RSF-0 I�t�:,(7 11 r ✓� 4 I DE 5 " RSF-0 RSF-0RIIL I1I MF2 RSF�I /.p�F 29 RMF24 I 1p i DEA ?� RRAF24� �'f F R 1 �� RMF 24� AF� �R6R4 RMF-0f �IpL I: R RSF-0�RSF-0 C8$ R 24= R ,LRT 12 j SUBJECT PROPERTY 24 ez fir / Sl�� Y Si tF.`RSPdj I -�— d4NST �' x"-y;3a I RT 12 RMF 11 i P1 L RTHI F24 >9 ty. J d _. RMF24 I / Fv fid+ RSFdY RSF4 1 [iSFd _ j 4 � L RSF+4 I RAff-0 /M#2a yHe tSpLLY SSS RSF -' ,y. 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RhIF2 RSFd - a IRI d2 RMFd¢ RMF@-0 - IBd RMF24 A P7;,' flMFd 1 14 1'#MF-24 RSFd 1 �' '_I 1 RMFdO RMF-0 RSFdvil "'9 4 - t -r RsF-0 Fc I: hi I - LQRER GR z RSF-0 MF-0� F t AO RS 4 iF E- I L`F1 1� -.,.SP1 PRIVATE -RbIEjW' TM ,� I 1 591 D C _ RMPdP I IRMF 241 RMF Z, LH Sr MAPLE Si%i11 1 I r 1 RBFd m AP SI RMF-0,yO-RMPdO I I �[ E3TT.IM1 ...a f�5F.0. p# "I� \RMF-0OI F-00 {W^F-0 RSF-0. _HALSELL R9 ,l�j ¢ 1 - m RSF-0 I, F 1 I I�� F-0� -R 'I rRSP dG I I I i F 1 ±� 1f,E`tl� RMF+10 I 4 RSF "'!P'1 II RMF-00 G6- 41 i 62 I4 1 �03 A I�.finec 20.-4 FJ1091K ST Overview Legend Boundary - Subject Property ,y ..r Planning Area ®BOA06-2374 �Overlay District ❑ Outside City = Legend ®Hillside-Hilltop O erlay District December 2066 0 0.25 0.5 1 Board of A0 stment BOA 06-2374 udkins `- Agend it 1 M les Page 3 of 14 BOA06-2374 J U D KI N S Close Up View : - I I + � <j M t a ` SUBJECT PROPERTY 5 4 1 , t WIN 'Ili i IVV1 i i1 III Iti i IIS 11 �'I j II i I I1 i;�19 rl 7 III I rt.Ar-2; II++ ! I¢ ' y w 1 a u v �s �O �y F I 5�.„. OVONIeIN Legend g0000 Overlay District—FLOODWAY 500 YEAR 'a0000° ` —100 YEAR --- LIMIT OF STUDY — — - BsseUne Profile O Fayetteville 0 Outside City BOA06-2374 vectoc13DB.Footprint_2004 December 4,2 06 ® Hillside-Hilltop Overlay District Board of Adjustn ent BOA 06-2374 Jud ins 0 37.5 75 150 225 300 Agenda Ite 1 Page 14 0 14 Feet BOA Meeting of December 4, 2006 7ayetZl 125 W. Mountain St. ANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Current Planning Director DATE: November 22, 2006 BOA 06-2375 (PAGE,400): Submitted by WANDA JETER (PAGE) for property located at 1385 N. RUPPLE ROAD. The property is zoned RSF-1, SINGLE FAMILY— 1 UNIT/ACRE and contains approximately 0.89 acres. The request is for a 10' setback on the west and south (a 25' west and 10' south variance). Planner: Jesse Fulcher Upon review of the site plan, staff has determined that the existing lot does not meet the lot width requirements of the RSF-1 zoning district,nor does the existing single-family home meet the setback requirements from the Master Street Plan right-of-way. Accordingly, staff has recommended approval of a 123' lot width (a 27' variance) to bring the existing nonconforming lot of record into compliance and a 20'front setback(a 15' variance)to bring the existing nonconforming structure into compliance. RECOMMENDATION: Staff recommends denial of the requested 10' rear setback (a 25' variance). However, staff, recommends approval of 20' rear setback (a 15' variance) and an 8' side setback (a 12' variance). Additionally,staff recommends approval of a 123' lot.width(a 27' variance)and a 20' front setback (a 15' variance) with the following conditions of approval: 1. A building permit shall be obtained prior to commencement of any construction. 2. All existing structures, easements and utilities shall be located on the site plan submitted for building permit consideration. 3. The proposed structure shall not encroach into the 8' side setback or 20' rear setback - as would be required in the RSF-4 zoning district. 4. Consistent with Unified Development Code section 164.02 (A)(4), the new proposed accessory structure shall be 50% or less of the size of the principal structure, unless approved otherwise as a conditional use permit. K.IReporb12t)061BOA Repor8112-04-0600A 06-2375(Page).doe December 4,2006 Board of Adjustment BOA 06-2375 Page Agenda Item 2 Page 1 of 16 The"CONDITIONS OF APPROVAL" listed in this report aie,accepted in total without exception by the entity requesting approval of this variance. Name: Date: BaRD ©F3USTIEMT ACTI©N o A rQea... »Denea _. . ___ Fl— Seeulxd DitterqMcdmber 112110 BACKGROUND: Property description: The subject property is located at 1385 N. Rupple Road, between Mount Comfort Road and Wedington Drive. The property is a small agricultural tract that contains a home constructed in the 1860's. The subject property was located within the city limits until 2004,when it was annexed into the City as part of the"Island Annexations"and was consequently zoned RSF-1. Proposal: The applicant is proposing to demolish an existing 1,152 sq. ft. storage building located on the north property line and replace it with a 900 sq. ft. storage building located on the southwest corner of the property. Request: The request is for a 10' rear setback (a 25' variance) and a 10' side setback (a 10' variance). Staff also requests a 123' lot width (a 27' variance) and a 15' front setback (a 20' variance). The requested variances are shown in Table 1. Table 1 Variance Request Ordinance Applicant's Staff's Variance Issue Requirement Request Recommendation Rear Setback (west) 35' RSF-1) 10' a 25' variance) 20' (a 15' variance) Side Setback(south) 20' (RSF-1) 10' (a 10' variance) 8' (a 12' variance) *Front Setback (east) 35' (RSF-1) *15' (a 20' variance) *Lot Width 150' *123' (a 27' variance *Variance was not requested by the applicant,however the nonconforming lot width was identified by staff and requested in addition to the applicant's request. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Single-family RSF-1, Residential single-family South Single-family C-1,Neighborhood Commercial East Single-family R-PZD, Residential Planned Zoning District West Single-family RSF-4, Residential single-family K:IReports120061BOA Reports172-04-061BOA 06-2375(Page).doc December 4,2006 Board of Adjustment BOA 06-2375 Page Agenda Item 2 Page 2 of 16 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. Finding: There are special conditions and circumstances that exist which are peculiar to the existing structure and lot. The subject tract was split from a larger agricultural property in the early 1960's. The property was located outside of the Fayetteville city limits until 2004 when the City of Fayetteville annexed all unincorporated islands and automatically rezoned them to R-A, Residential Agriculture or RSF-1, Residential single-family. Both the R-A and RSF-1 zoning districts have a 35' rear and 20' side setbacks. The applicant could apply for a rezoning to RSF-4, Residential Single-family-4 Units per Acre, however an approved rezoning would not address the existing nonconforming home, or the request for a reduced rear setback. Staff finds that it is appropriate for this lot to have building setbacks consistent with the RSF-4 zoning district and compatible to surrounding developed and developing properties; and that the existing nonconforming front setback and lot width be brought into compliance. Staff does not find that special conditions exist justifying a variance of the rear building setback to allow for a structure to be closer to the property line than would be allowed in the adjacent RSF-4 zoning district to the west. 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 the right to locate a storage building on the subject property. However, enforcement of the RSF-1 setbacks would require the applicant to locate a new storage building in such a way as to cause the removal of existing trees and/or gardens on the property. Furthermore, literal interpretation of zoning regulations related to nonconforming structures and lots would limit the amount of improvements and additions to the existing structure. Staff finds that these limitations would deprive the applicant of certain rights commonly K:IReports1200600A Reportsll2-04-061ROA 06-2375(Page).doc December 4,2006 Board of Adjustment BOA 06-2375 Page Agenda Item 2 Page 3 of 16 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 RSF-1 zoning classification is a result of the property being annexed in as part of the "island annexations." Therefore, the special conditions and circumstances do not result from the actions of the applicant. Additionally,the subject property was created and the house constructed prior to current zoning regulations and Master Street Plan requirements. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the requested rear variance would confer special privileges, as the request would allow for a setback which is less than that required for the adjoining zoning districts (C-1 and RSF-4). However, allowing setbacks that are consistent with adjoining properties would be compatible. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures,or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No other nonconformities were considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,December 4,2006. 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. K.Teporu12006TOA Reporls112-04-061BOA 06-2375(Page).doc December 4,2006 Board of Adjustment BOA 06-2375 Page _Agenda Item 2 Page 4 of 16 Finding: As discussed in the findings in this report, staff does not find that reasons set forth in the application justify granting the requested 10'rear building setback. The recommended side setback, lot width, and front setback variance are the minimum variances necessary to accommodate the existing and proposed structures. b. Harmony with General Purpose. The Board ofAdjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165,and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting the variances recommended by staff 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. Allowing a 20' rear setback and a 8' side setback would be consistent with the RSF-4 property to the west,which has a 20'rear setback and consistent with the C-1 property to the south, which has a 10' side setback. Additionally, approving variance to bring the existing nonconforming lot and home into compliance would be in harmony with intent and purpose of zoning Chapter 160-165. 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: Single-family residences and accessory structures are permitted by right in the RSF-1 zoning district. K.IReports12006WA ReportsI12-04-06WA 06-1375(Page).doc December 4,2006 Board of Adjustment BOA 06-2375 Page Agenda Item 2 Page 5 of 16 161.05 District RSF-1,Residential Single-Family—One Unit Per Acre (A) Purpose. A district having single-family detached residences on lots with a minimum size of one unit per acre. The district is designed to permit and encourage the development of very low density detached dwellings in suitable environments;as well as to protect existing development of these types. (B) Uses. (C) Permitted uses. Unit 1 Ci -wide uses by right 11 Unit6 I Sin le-famil dwellin s (D) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 3 Public protecfion and utility facilities Unit 4 Cultural and recreational facilities Unit 24 Home occupations - Unit 36 Wireless communications facilities (E) Density. Units per acre 1 (F) Bulk and area regulations. Lot width minimum 150 ft. Lot area minimum 35,720 Sq.Ft. '.. Land area per dwelling unit 35,720 Sq.Ft. (G)Setback requirements. Front side Rear 35 ft. 20 ft. 35 ft. (H) Height. Structures in this District are limited to a building height of 45 feet. 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. (I) Building area.None. (Code 1965,§160.44;Ord.No.3792,§4,5-17-94;Ord.No.4100,§2(Ex.A),6-16-98;Ord.4858,4-18-06) K.IReporW20061BOA Reporlsl12-04-061BOA 06-2375(Page).doc December 4,2006 Board of Adjustment BOA 06-2375 Page Agenda Item 2 Page 6 of 16 Chairperson of the Board of Adjustment I am in the process of removing an old existing 24 foot by 48 foot (1152 sq ft) run down building that is setting on the North property line. This building was there when we were annexed in 2005. I am replacing it with a new 30 foot by 30 foot(900 sq ft) garage and storage building at the Southwest corner of the property. I am asking for a variance from the 35' west and 20' south setbacks to a 10' setback from the west and south property lines. This buildings d6cor will match the house, and is for residential personal use only. Below is my response to item#7 A-D of the variance request: A. After considering all the options for relocating the storage building without endangering or removing a 35 year old group of Birch trees or a four foot diameter Maple tree with a spread of 65 feet, was to build the building in the southwest corner of the property. The property south of my property is zoned commercial C-1 and the property west is zoned RSF4 with a 20 foot utility easement between the properties. That corner is hidden from view by a six foot wooden fence on both south and west sides. $. I need to get rid of the old existing building, as it is an eyesore and run down. But I also require storage for lawn equipment and such. C. There have not been any changes to the property since the annexation. D. Our lot is large but has very old Maple trees which should be preserved. Others in the community have the same concern. December 4,2006 Board of Adjustment BOA 06-2375 Page Agenda Item 2 Page 7 of 16 rc 26 �I 27 10,083 0 Ld 0. FT. I 10,038 SO. FT. `n I ml W I h I SO. FT. m 111 O 8" WT . a' z 8' SB I :...........EAST r .........EAST......... 118 82' II 0.......... .. .......... 16.8316.8' _ 21.03' — I 1.0 3' EX. 525 45' w , SO. FT. : h hl 22 h A; –. °' w 10.717 I _ I R/W �I 10,632 S0. FT. o• 20' U.E. : SO. FT. H, a 5 s lx�PO. 1 � 0� .3`�3op�.•/9 .............. IgrE o N1g�0 34 i• .3 1 [oi . 20' SB 100:........ c� 1� I 14 I .2 SO. FT.i - I� MI 'S\• 95 bgb 24' 23 \5 /3,184 SO. FT. R7W 55' 13,394 SO. FT.. P0' U.E. _ o P0_U.E. o I I 144.85' 'J.E. 7q'56' % 143.84' ' S,P• COORDINATES: 3 589°12'46'W 299.25N-644377.48 I SO. FT.I 765-24085-000 E-657108.71 I -- nrm� BILLY J. &ALETHA J. ANDERSON con 1387 N. RUPPLE RD. , FAYETTEVILLEAR. 72704 ' rtnmo (RSF-0 i m i to o wny� 0' U.E. i2m J I SO. FT.I o PI I ✓ALK 'T 70 H o E. facs 765-24084-000 HODS �I I (4 WANDA H. JETER 1385 N. RUPPLE RD. la FAYETTEVILLE, AR. 72704 1$,. ' SO.FT.I v m (RSF-U ;04w.....1 '0' U.E. �I N 111 ZONING LINE SB 4��• _ 765-24083-000 e I DUNNERSTOCK DEVELOPMENT; INC- � P.O. BOX 9087 i FAYETTEVILLE, AR. 72703 i i �• B i (RSF-1) -- _ r 1i �35I' SB mber4,2046 - - 113o rdof9dj6stment -2375 Page ---— da Item 2 2—o' uTII 'All 30 2r�p u pV Ey�sT. L.1 7o aE v � m� A A u ZZ- -� z � O A �w h�fiPL-� mw --- RUPPLE RD December 4,2006 —9-Q-a"of Adjustment BOAA6=2375Paye- Agenda Item 2 Page 9 of 16 oar Eli, • °� I v" 10,038 SO. FT. : 10,038 SO. F, 'AI ZhU W - So. FT.8 WTR............................I 2 EAST QEA$r—......Ss118;82' ......:.. 118:82'........ o SS11 ; '..._.... _ 8 16.83'21.036 � � 25 ro�10,038 SO. FT. : .i un 22 h , - a•`° _ - 1 10,717 10,632 SO. FT.20' U.E. SO. FT.s. .s .........................: IF 8...:.118;8T S. . .ti I I .•.....o•G j9"E o - �r °off R WN13 o. c020 SB-- mI I LQO " 14 I" I \ / RIW I m 10,042 SO. FT _ �y y •o I I i I M �sas6s, gybyb 24 a mI 23 13,39SO. FT. - �y 13,184 SO. FT. -, - 4 20' U.C.. v ....�.- .... z s. s. WI — -L 20' U.E. I_ o o I L10' U.E. 7 6 2 oI I I "' 143.84' 144.85' o S.P. COORDINATES: o 13 389°12'48"W 299.25' 1 o N-644377.48 9,538 SO. FT.I _. _-- t� 765-24085-000 E-657108.71 I -- o BILLY J. 8 ALETHA J. ANDERSON S. ,S• 8" SWR. W 1387 N. RUPPLE RD. ---�_-- 2 - ' -�J'.:..................... FAYETTEVILLE, AR. 72704 \I " ... (RSF-I) o• $ s I _... 108,63 ...... at o 61 o I 20' U.E. d, 1 jI oo a 12 .J, L_J 9,258 SO. FT. 0 1ZSF-1 , W Ddu-did\ y m o N S S I 4' SIDEWALK � V lY r _ 109.20' fB Y I E 13.27 C _ h - 20' U.E. 765-24084-000 1 WANDA H. JETER 1385 N. RUPPLE RD. "IV w 9 FAYETTEVILLE, AR. 72704 I a v 10,209 SO. FL I v m (RSF-I) �y� I C4 �— -- -- -. ...�784p'30;[:y.....I A O-w II ............/204 p 10,0 20' U,E... C.- ( , pJQ,��ANo d cvvq .pct; Q, I ^ \ SO. FT. ZONING LINE RSF-4R$F-I 8' SB o I _ f 20' $B I 765-24083-000 ...... j, DUNNERSTOCK DEVELOPMENT, I'C. �I ------- - --� P.O. BOX 9087 FAYETTEVILLE, AR- 72703 H 8' SB 9 0' B (RSF-1) L U " 10.200 SB-, SO. FT. f y N I .o December 2006 WS- 28.45' 20' U.E: — — ---- -- - BoarUofAdlustment—- U 142.07' BOA 06-2375 Page Agenda Item 2 765-24086-100 SF-I- Page 10 of 16 3 14 1 Y - vi f�rAr ii T r xq /� y �( y B i � y yyTyry �� I yr ��•'!r`Y' � ��` � yl T, mi yf y •� / y r r r�rr � r � / y N/y i � ! /i' r I �g yuli".+,.�]v7"a' %'`b 'ko i r � P1y <Y/ g6rr /fyi + y • A IF a. 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