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HomeMy WebLinkAbout2007-01-02 - 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 TUESDAY,JANUARY 2,2007 at 3:45 p.m. Room 326,City Administration Building The following items will be considered: 1. BOA 06-2407(KAHANAK,563): Submitted by GARY KAHANAK for properly Located at 816 S. COLLEGE. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.32 acres. The request is for two 50'wide lots(a variance of 10'for each lot width.)A lot line adjustment will then be required. Planner: Jesse Fulcher 2. BOA 06-2411 (OWENS,447): Submitted by SCOTT&CARLA OWENS for property located at 718 N.CREST DRIVE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.47 acres. The request is for a T rear setback(an 8'variance) in order to construct a new 600 square foot detached studio/workshop. Planner: Andrew Garner 3. BOA 06-2412 (LOCUST STREET TOWNHOMES, 484): Submitted by JOHN DAVIDSON for property located at 221 NORTH LOCUST. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.17 acres. The request is for a reduced minimum buildable street frontage in the Main Street/Center Zoning District of 60% (a 15% variance)and a rear setback of 10' (a 2' variance)to accommodate a new 6-unit multi-family development. Planner: Suzanne Morgan All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(479-575-9267),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. 2007 Board of Adjustment Members Bob Nickle (Chairman) Sherrie Alt Robert Kohler Eric Johnson Karen McSpadden William Chesser James Zant %`tt 11 BOA Meeting of January 2, 2006 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: December 18, 2006 BOA 06-2407 (KAHANAK, 563): Submitted by GARY KAHANAK for property located at 816 S. COLLEGE AVE. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.32 acres. The request is for two 50'wide lots (a variance of 10' for each lot width.) A lot line adjustment will then be required. Property Owner: SOUTHSIDE DEVELOPMENTS, LLC Planner: JESSE FULCHER RECOMMENDATION: Staff recommends approval of the two requested 10' lot width variances, as shown on the attached site plan with the following condition(s): 1. The variances shall only apply if a property line adjustment is approved by the City of Fayetteville and filed of record for the creation of two, 50' wide lots. 2. All bulk and area requirements for the RMF-24 zoning district shall be met with future construction or alterations. 3. A building permit shall be obtained prior to commencement of any construction. Additional Conditions/Comments: BOARD bl AII?T[JSTMENT ACTIO7 „ .:ll Appo-verrBDeniec7 Date Januar;V 2i 2006_ Motion ., ..,_. �econr� mute: °- ' January 2,2007 Board of Adjustment BOA 06-2407(Kahanak) Agenda Item 1 1 of 16 BACKGROUND: Background: The subject property is located at 816 S. College Avenue and contains Lots 5, 6, 7 and 8, Block 2 of the GIenwood Park Addition. When originally platted, Glenwood Park consisted of approximately 200, 25' wide lots located between 7th and 11th Streets. Development of the subdivision has produced lot widths ranging from 25' to 100' with the vast majority developed as 50' lots. The applicant owns Lot 5, which has remained an undeveloped 25' wide lot and Lots 6, 7 and 8, which were combined when the owner of the three lots constructed a single-family home. Proposal: The applicant is requesting variances for the lot width requirements in the RMF-24 zoning district to allow for the creation of two 50' wide lots, which if approved will require a property line adjustment. Table 1 Variance Request Variance IssueOrdinance Requirement Applicant's Request Lot Width RMF-24 60' 50' a 10' variance Lot Width (RMF-24) 60' 50' (a 10' variance) CITY PLAN 2025: INTERIM FUTURE LAND USE 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: Special conditions do exist for this property related to lot width. This property was originally platted as four, 25' wide lots within the Glenwood Park Addition, each available for development. Subsequent development resulted in three of the lots being combined for the construction of one single-family dwelling unit, however the other 25' lot has remained undeveloped. Unbeknownst to the current property owner, when the separately owned properties were sold to a common owner the conforming lot and nonconforming lot were then January 2,2007 Board of Adjustment K.Teports12007WA Reporol01-2-071BOA 06-2407(Kahanak).doc BOA 06-2407(Kahanak) Agenda Item 1 2 of 16 considered undivided for the purposes of Chapter 164.12. Had the two lots remained under separate ownership they would still be considered separate parcels. In fact, with approval from the Subdivision Committee the 25' lot could have been developed. While this unique circumstance may be applicable to other nonconforming lots in the Glenwood Park Addition, it is certainly a special condition that prohibits the development of a platted lot. Rather than develop the conforming 100' lot, the applicant is proposing to demolish the existing deteriorated home, adjust the property lines to create two, 50' wide lots which are consistent with surrounding properties and construct two new residential units. 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 terns of the zoning regulations. Finding: Literal interpretation of zoning regulations, specifically Chapter 164.12 Nonconforming Lots of Record have deprived the applicant the ability to develop two legal lots of record. Until the properties were under common ownership they were available for individual development. Allowing the applicant to create two buildable lots, which are both consistent with the surrounding properties and with the City's goal for infill in this area is appropriate and is in harmony with the intent of the zoning regulations. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The original lot configuration and subsequent conversion to 75' wide and 25' wide lots are not the result of actions of the applicant. However, the request to create two 50' wide lots from a 100' lot is an action of the applicant. Although, the applicant's request is unavoidably linked to the requirements of Chapter 164.12. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the requested lot width variance will not confer special privileges on this applicant. Allowing the applicant to reconfigure the properties to create two buildable parcels, which are consistent with surrounding properties is a reasonable and logical request from a planning and development perspective, and will not adversely affect January 2,2007 Board of Adjustment K.IReports120071BOA Repor[s10/-2-1I718OA 06-2407(Kahanak).doc BOA 06-2407(Kahanak)Agenda Item 1 3 of 16 the neighborhood. The applicant will not be granted any special privileges denied to other lands in the same district. All bulk and area regulations with the exception of lot width are to be accommodated. 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: Existing nonconformities were not considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday, January 2,2006. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: The requested lot width variances are the minimum variances necessary to allow the applicant to reconfigure the property lines, allowing redevelopment of each property for residential dwellings. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting the lot width variance 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. While there are a variety of lot sizes and uses in this vicinity, the majority of developed lots are 50' wide. Furthermore, permitting the proposed 50' wide lots would be consistent with the City's designation of this area for growth, infill and redevelopment. January 2,2007 Board of Adjustment K:IReports12007180A Repor[s10BOA 06-2407(Kahanak) 7-2-071BOA O6-2407(Kohanak).doc Agenda Item 1 4 of 16 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: Subject to all applicable bulk and area requirements; single, two, three and multi-family dwelling units are a use permitted by right in the RMF-24 zoning district. January 2,2007 Board of Adjustment K:lReports120071BOA Reportsl0/-2-071BOA 06-2407(Kahanak).doc BOA 06-2407(Kahanak) Agenda Item 1 5 of 16 City of Fayetteville Unified Development Code 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. (B) Uses. (1) permitted uses. Unit 1 Cit -wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit26 Multi-famil dwellings (2) Conditional uses. Unit 2 City-wide uses b conditional use permit - Unit 3 Public protection and utilityfacilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home ark Unit 25 Professional offices Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 1 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-family60 ft. Two-family60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a mobile home 4,200 sq.ft. park 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. Fratemi or Sorori 2 acres Professional offices 1 acres (3) Land area per dwelling unit. Manufactured home 3,000 sq.ft. January 2,2007 Board of Adjustment K:IReports1200718O11 Reports10BOA 06-2407(Kahanak)1-1-071BOA O6-1407(Kahanak).doc Agenda Item 1 6 of 16 Apartments: *No bedroom 1,700 sq.ft. .One bedroom 1,700 sq.ft. *Two bedroom 2,000 sq.ft Fraternity or Sorority 1,000 sq.ft.per resident (E) Setback requirements. P Side Rear 8 ft. 25 ft ingle HHOD Single HHOD Single Front Famil Side Famil Rear 8 ft. 15 ft. Two HHOD Two HHOD Two Front Famil Side Famil Rear 8 ft. 15 ft. Multi HHOD Multi HHOD Multi Front Famil Side Famil Rear 8 ft. 15 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 except for the HHOD. Within the HHOD the maximum building height is 60 R. as measured from the lowest point of the structure at the historic grade, prior to development, to the highest point of the structure, allowing 3 stories on the uphill side and 4 stories on the downhill side of the building.If the building is placed on a graded pad, then the height of the building is reduced, allowing a maximum of 3 stories as measured from the historic grade,pre-development. (G) Building area. None. January 2,2007 Board of Adjustment K:1Reports1200700A Reports101-2-071BOA 06-2407(Kahanak).doc BOA 06-2407(Kahanak) Agenda Item 1 7 of 16 164.12 Nonconforming Uses And Structures (B)Nonconforming lots of record. (1) Single-family dwellings. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that setback dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. In a previously developed subdivision, platted prior to June 29, 1970, and with the approval of the Subdivision Committee, a new single-family dwelling, or an addition, or repair to an existing single-family dwelling may be constructed in all residential zones in keeping with the existing standard in the neighborhood so long as the interior side setback is no less than five (5) feet. Variance of setback requirements shall be obtained only through action of the Board of Adjustment. (2) Combined lots. If two or more, or combination of lots and portion of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all parts of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements stated in this chapter. The prohibition prescribed hereby shall not apply to a nonconforming lot on which a principal structure existed on the effective date of adoption of this chapter and which adjoins a nonconforming lot on which a principal structure existed on the effective date of the adoption of this chapter. January 2,2007 Board of Adjustment K.IReporfs1200700A Repor[s101-2-071BOA 06-2407(Kadanak).doc BOA 06-2407(Kahanak) Agenda Item 1 8 o 16 PROPOSAL The lots of record are both 140' long. One lot is 25' wide, the other is 75' wide. The 75' lot has an existing house, which is to be demolished. Our proposal is to adjust the property lines to make two lots each 50'wide. The intention is two yield two buildable lots, each suitable for a single family dwelling. The variance we request is to allow 50' lot width rather than the standard 60' width. January 2,2007 Board of Adjustment BOA 06-2407(Kahanak) Agenda Item 1 9 of 16 Southside Developments, LLC P.O. Box 4409 Fayetteville,AR 72702 :.Chair, Board of Adjustment: City of Fayetteville 113.W. Mountain Fayetteville,AR 72701 November 14,2006 Dear 4,2006 Dear Chairperson, We are requesting a variance regarding property located at 816 South College Avenue.The subject lots of record are 25' and 75'wide,and 140'deep. We wish to adjust property lines to make two 50'wide lots. As required by,ordinance,the following are our reasons for requesting this Variance: 1, These lots are part of a very old subdivision,which was originally platted in 25'-wide lots. The requirement for 60' wide lots does not allow remaining lots in this subdivision to be used efficiently for in-fill applications. 2. On a square foot basis,these proposed 50'-wide lots easily qualify for a single family dwelling. A very adequate house can be built on these lots without variance of any current building setbacks. Given the unusually large lot depth,a lot of 75' or 100'-width would be too large,and therefore too expensive,for a single family dwelling that would be in keeping with many other homes in this district: 3. The special conditions and circumstances that prompt this request for variance are the original platting in 25'-wide lots,the average size and character of homes and lots in this district, and the current economic climate which only allows appropriately-sized houses to be built on appropriately-sized,affordable lots. 4. Granting this requested variance will not confer any special privilege. We wish only to create the opportunity to allow appropriate, desirable and affordable single-family homes to be built as in-fill in this district. We believe this can be done in a manner which will not create hazards,and in fact will have a positive impact on the community. Sincerely yours, Gary Kahanak, Member Joh irmin, Member January2,2007 - Board of Adjustment BOA 06-2407(Kahanak) ' Agenda Item 1.. 10.of 16 N �— — - 30 -- --- - - Sc ---- - N � I I I I I BUILDABLE I AREA I N35txSs i .o' I � i I N - - � - - - - - - RW l Go L14�-rto A VE . � January 2,2007 Board of Adjustment BOA 06-2407(Kahanak) Agenda Item 1 11 of 16 J ^'vti E 9TH ST _ z w w w - J_ J - Q U " E211TH ST E 12TH ST "- ____ ju 1 � - :i �— i i i � � fJ t -- A 86 1 A. in 0 15' , .o I .,: 1 J 130' 1 -n 9. I 6s/ 2 N 2 N 11 N 4 ( T -- i i42 a• I _9s6s 4 N l --,410 9 ti 91 C� i 5Vc NNN 9040- d 39 06 N 63838 N 337 9- ' 36 ' ' N lBt"c10NN /S10 11 NI. N 3 i 11 N �; N34 At ; 413 N 33 1 N x ��' 33 ( { O 6 13 t 32 , ' N x N 32 - 19 31 oS 19 N N 3�—' 1 r _ 1 rN N,l} O 5 N N 30 I 16 N . 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G2 / V �� i I-2 y2 2� zaMOIL Overview Legend Boundary Subject Property r.,�Planning Area EM BOA06-2407 mocoq, n Overlay District Outside CityLegend Hillside-Hilltop On erlay District 0 0.25 0.5 1 January 2,20 7 M les Board of Ad, nt BOA 06-2407(Klahan k) 1 16 of 16 le 7aye BOA Meeting of January 2, 2007 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: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: December 19, 2006 BOA 06-2411 (OWENS, 447): Submitted by SCOTT & CARLA OWENS for property located at 718 N. CREST DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.47 acres. The request is for a 7' rear setback (an 8'variance) in order to construct a new 600 square foot detached studio/workshop. Property Owner: Scott and Carla Owens Planner: Andrew Garner RECOMMENDATION: Staff recommends denial of the requested rear setback variance based on the findings herein. Additional Conditions/Comments: BUri O AD dTJTMENT1TLfl1 o ❑Denied a v -. Motta7n y �T84 - Aate BACKGROUND: Property description: The subject property is located at 718 North Crest Drive. It is located within the RSF-4 zoning district and was platted and developed in compliance with the requirements of this zoning district. Crest Drive is located on Mount Sequoyah and is within the Hilltop/Hillside Overlay District. A 2,488 square foot house was constructed in 1996 compliant with all required building setbacks. Proposal: As shown in Table 1, the request is for a 7' rear building setback for a new 600 square foot detached workshop/studio. A total of approximately 240 square feet of this new structure will encroach 8' within the rear building setback. The requested variance would allow a 7' rear building setback where a 15' setback is required (an 8' variance). Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request Rear Setback (HHOD) 15' 7' (an 8' variance) SURROUNDING LAND USE AND ZONING: Direction from Site I Land Use Zonin North, South, East, and West Single family detached RSF-4, Residential Single-Family — dwellings 4 units/acre GENERAL PLAN DESIGNATION: Residential FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1. Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: Special conditions do not exist for this property related to the rear building setback. As a whole, the lot is of sufficient width and area to allow the construction of a single family dwelling,which has occurred. That the owner wants to construct a new detached 600 square foot workshop/studio is not a special condition of the property. Should other new development be proposed in the same district or on the same street, they would be required to conform to the 15' rear setback requirement as does the subject property. To grant a variance for encroachment of a new nonconforming workshop/studio on this lot would not be consistent with the intent of the City's zoning regulations to prevent and discourage nonconforming uses and K.IReports120071BOA Reports101-2-071BOA 06-2411(Owens).doc structures (Fayetteville UDC 164.12), and to prevent accessory structures and uses from being constructed within required setbacks (UDC 164.02(A)(3)). 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations related to rear building setback would not deprive the applicant of rights enjoyed by other properties in the same district. This property has been utilized for single-family use for 10 years and can continue to be enjoyed in its current condition. Staff would recommend that the current owner modify the location and/or size of the new accessory structure to comply with the requirements of 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 requested variance is a result of the applicant's desire to construct a new accessory structure that would encroach within the building setback. Staff does not find that the shape and/or size of the lot, or topography, or any other issues presented in the applicant's request are a special circumstance particular to this lot which would necessitate the need for a variance. 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 building setback variance would confer special privileges on the applicant. There is not a special condition or _ circumstance that exists in this case that would be required for a variance of the rear building setback compared to other lots in the district in a similar condition. 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 nonconformities or other nonconformities were considered as a basis of the findings stated in this staff report. K:IReports120071ROA Repor(s101-1-0700A 06-2411(Owens).doc 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, January 2,2007. 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 rear setback variance is not justified by the reasons set forth in the application. The applicant can still make reasonable use of the lot while complying with the required setbacks. There is adequate space for the applicant to construct an accessory structure or addition to the exiting home and still meet all required setbacks, or continue utilizing the existing dwelling that meets ordinance requirements. 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 rear setback variance would not be in harmony with the general purpose and intent of zoning regulations that discourages creating nonconforming structures. Also see Findings No. 1, 2, 3, and 3.a. 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 the requested variance. Should the Board of Adjustment choose to grant the request, staff recommends the following conditions of approval: L Any new development shall comply with all zoning development regulations including building setbacks, except those varied by the K.IReportsl200TBOA Reportsl01-2-OTBOA 06-1411(Owens).doc Board of Adjustment and/or shown on the attached site plan. Z A building permit shall be obtained prior to commencement of any construction. All existing structures, easements and utilities shall be located on the site plan submitted for building permit consideration. 3. A solid evergreen vegetative screen shall be planted between the new structure and the rear (east) property line, the species and location of which to be approved by the Urban Forester prior to building permit The vegetative planting shall be planted at a density to become view- obscuring within two years from the date of planting. 4. Development on the property shall comply with all requirements specified in the Hillside/Hilltop Overlay District d. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: The proposed use is for an accessory structure to a single family residence, a use permitted by right in the RSF-4 zoning district. K.IReports120071BOA Reportsl01-2-071BOA 06-2411(Owens).doc 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 I City-wide uses by right Unit 8Single-family dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-fats dwellin s dwellinUnits per acre 4 or less 7 or les (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. dwelling unit (E) Setback re uiremenIs. FRONT SIDE REAR 25 ft. 8 ft li 20 ft. Dl3 pivril Ot)iSideOT1if W (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) K.lRepora120071BOA Reports101-2-0700A 06-1411(Owens).doc LILJ as XL' Lin I�.iavo � c e w w � mZ p-p UO � �e� '. 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UN c 'GOv _ 4 h' r J9@ 'a5v ' z t2 T"L w; ` Vim ; a t� ' 'fw i r p dr § t as }tai• of jV- a P � 7¢"d ,4'�c�"t �.s� 117 14W HammF l' ' ) § k a y } s f ,� -i All €y Anot hki NOR "�a"a+�rf �•c > +:f a i{$l F1�� _ €ff "i bf t�7 go WIWI T. to 1 1 • 1 1 BOA06-2411 OW E N S Close Up View !P'sr-4 ftai-; ar Q Wm SUBJECT PROPERTY eI;11 ROCKWOODTRL >j ieY ¢ S R zIa � Q I I aM 4 t4 F' RSr'-3 Legend Overview 0000a Overlay District—FLOODWAY--- 500 YFhR ' — 100 YEAR --- LIMIT OF STUDY – – - Baseline Profile O Fayetteville Outside City BOA06-2411 vedor.GDS.Footpnnt-2004 ® Hillside-Hilltop Overlay District 0 75 150 300 450 600 Feet BOA06-2411 OW E N S One Mile View �FSF4 - R-0 f p. i %1 RSFdR4j -0 G.1 !G1' _,AL, K RSFd i .,' y M S b -.fir Gi RMF 24:!,RW-241 ASk57I RA / 'I /� t1ME24 II C� _ RSFd�,.�i A RSF IeRTS'(OCPI, f- 1G2 { FaF T` t Sfyp n RSFd kD yL R e asFdi 1 p r1 RSFd k{. 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