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HomeMy WebLinkAbout2007-05-07 - Agendas a e eVi le Y ARKANSAS FINAL AGENDA 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,MAY 7,2007 at 3:45 p.m. Room 326,City Administration Building The following items will be considered: Approval of the minutes from the April 2,2007 meeting. Old Business: 1. BOA 07-2528(BENAFIELD/217 SUTTON STREET,485): Submitted by SALLIE OVERBEY for property located at 217 SUTTON STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.26 acres. The requirement is for an 8'side setback. The request is for a 0' side setback(an 8' variance)to the south and a 2' side setback(a 6' variance)to the east to construct a new storage building and carport. Planner:Andrew Garner New Business: 2. BOA 07-2529(PHILLIPS/614 W.DOUGLAS,444): Submitted by NORTHSTAR ENGINEERING CONSULTANTS,INC for property located at 614 W.DOUGLAS STREET. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.26 acres. The request is for variances of lot area and setbacks to bring a non-conforming structure into compliance and to allow for a lot split of the subject property. Planner: Jesse Fulcher 3. BOA 07-2567(HEDGE,564): Submitted by RICHARD HEDGE for property located at 1201 HUNTSVILLE RD.. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 1.01 acres. The requirements are 25'front setback and a side setback of 8'. The requests are for a front setback of 22.3'(a 27 variance)and a 5' side setback(a Y variance.) 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 arc 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 Robert Kohler (Chairman) Sherrie Alt Eric Johnson William Chesser James Zant Michael Akins 7ayetulile BOA Meeting of May 7, 2007 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: April 20, 2007 BOA 07-2528 (BENAFIELD/217 SUTTON STREET, 485): Submitted by SALLIE OVERBEY for property located at 217 SUTTON STREET. The property is zoned RSF- 4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.26 acres. The request is for a 24' front setback (1' variance) to bring the existing residence into compliance and for a new porch to square-off the front of the house, and for a O'side setback (an 8' variance) to the south east to construct a new detached single car garage to replace the existing deteriorated single car garage. Property Owner: Bryan Benafield Planner: Andrew Garner RECOMMENDATION: Staff recommends approval of the requested front and side setback variances with the following conditions of approval: 1. Any new development shall comply with all zoning development regulations including building setbacks, except those varied by the Board of Adjustment and/or shown on the attached site plan. 2. 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. In no way shall the approved variance grant exceptions from the Building Code. Structures constructed near or on property lines often must comply with more stringent building codes, such as non- combustible materials, different fire ratings, etc. The applicant shall comply with these requirements or adjust the structure accordingly, at the time of building permit. 4. The height of the detached garage shall be limited to a footprint of 16' x 22' as indicated in the application, and a maximum height of 16 feet. May 7,2007 Board of Adjustment BOA 07-2528 Benefield Agenda Item 1 Page 1 of 18 5. With the addition of the new detached garage the site shall not exceed the maximum of 40% lot coverage, and the total square footage of accessory structures on the property shall not exceed 50% the square footage of the main residence. Additional Conditions/Comments: BOARD OF ADJIIBTII NT ACTION:'- 1]Approved 0 Denied 1Vlot�on• Second, _ emee ote Date Mav'72007 BACKGROUND: Background: This item was tabled at the May 2, 2007 Board of Adjustment meeting at the request of the applicant to work with staff to reduce the variance request. Property Description: The property is located south of Sutton Street between Washington Avenue and Willow Avenue. The property contains 0.31 acres and is zoned RSF-4. In recent years, extensive improvements have been made to the existing single family dwelling and yard. A driveway is shared between this property and the property to the east. Parking spaces for each dwelling are located on either side of an existing 248 square foot one-car garage on the subject property. The east property line jogs approximately 15' to the west and it is within this corner that the garage is located. The existing building is located less than a foot from the side property lines. Request: The variance requests are described below and depicted on the survey/site plan attached to this report. The variance request amounts are listed in Table 1. 1. The applicant requests to demolish the existing 12' high, 248 square foot one-car garage and build a new 352 square foot one-car garage in its place. The existing south and cast building sides would remain in the same location. Dimensions of the existing garage are 12.13' x 20.47' for a total of 248 square feet. The enlarged size would be 16' x 22' for a total of 352 square feet. (a) The existing and proposed detached garage is located on the property line to the east of the structure, entirely within the 8' side setback. (b) This existing and proposed detached garage is located on the property line to the south of the structure, entirely within the 8' side setback. 2. As shown on the attached survey/site plan, the existing footprint of the house appears to be located less than a foot in the front setback off of Sutton Street. The applicant requests a variance to bring the existing structure into complaince and to May 7,2007 Board of Adjustment K.IReporrs120071BOA ReportsW-07-071 BOA 07-2528(Benafield).doc BOA 07-2528 Benafield Agenda Item 1 Page 2 of 18 square off the front of the structure with a covered porch. The applicant has already obtained a building permit from the City for the porch, however the survey for this variance request revealed that the existing house built in the early 1900's and permitted front porch under construction is located at 24.5' from the Sutton Street Master Street Plan right-of-way, six inches within the front setback. Table 1 Variance Request Ordinance Applicant's Variance Issue Requirement Request Side Setback East of the Detached 1.(a) Garage 81 0' (a 8' variance) Side Setback South of the Detached L(b) Garage 8' 0' (a 8' variance) 2. Front Setback off of Sutton Street 25' 24' (a I' variance) Surrounng and Use: Direction Land Use Zoning from Site North, South, Single Family Residential RSF-4 East, and West Public Comment: Staff has not received any public comment regarding this request GENERAL PLAN DESIGNATION: City Neighborhood 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: 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 existing residence on the property was constructed in the early 1900s. It is unknown when the 248 square foot single-car garage structure was built, but it is currently dilapidated. In keeping with the improvements done on the property, the owner desires to replace the 248 square foot single-car garage with a new 352 square foot May 7,2007 Board of Adjustment K.IReports12007180A Repw'ts105-07-O71BOA 07-2528(Benafield).doc BOA 07-2528 Benafield Agenda Item 1 Page 3 of 18 structure. The existing 248 square foot single-car garage currently encroaches within the building setback to the east and south. The historic nature of the residence, the lack of an existing functional covered vehicle parking area, and a shared driveway along the eastern property line are special conditions unique to this property. Staff finds that these special conditions justify granting a variance to provide for functional covered parking and bring the existing historic home and front porch into compliance. 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: The literal interpretation of the provision of the setback regulations will deprive the applicant of repairing the existing one-car garage, and making the covered parking usable. This right is commonly enjoyed by other properties in the Washington-Willow neighborhood and other historic neighborhoods in Fayetteville, especially where shared driveways are utilized. Literal interpretation of zoning regulations would require removal of the single family residence, or the front approximately six-inch portion of the residence, that encroaches into the front setback in this historic neighborhood. Literal interpretation of zoning regulations would also deprive the applicant of rights enjoyed by the adjacent property within the same zoning district such as adding a front porch to square-off the house to help establish the streetscape in the City Neighborhood area. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The original layout of the subject lot, construction of the house, shared driveway, and detached single-car garage took place in the distant past prior to zoning regulations and current Master Street Plan right-of-way. Therefore the special conditions on the site requiring a variance for the garage and existing structure are not the result of the applicant. The desire to replace the dilapidated structure with a new and improved structure is the result 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. May 7,2007 Board of Adjustment K:IReports120071BOA Reporls105-07-07160A 07-1518(Benafield).doc BOA 07-2528 Benafield Agenda Item 1 Page 4 of 18 Finding: Granting the requested side setback variances for the garage and front setback variance for the existing residence and new front porch will not confer special privileges on this property due to the special conditions on the property described in Finding No. 1. 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,April 02, 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: There is an existing gravel area clearly designated for the parking of cars adjacent to the existing garage. Additionally, the rear yard of the property has been landscaped with stone walls and flower beds that make it reasonable for the applicant to avoid that area of the property for a new structure, and to replace the existing single-car garage in its current location with a slightly larger footprint. Staff recommends in favor of the requested variances for the side setbacks for the detached garage, and for the front setbacks for the residences, finding the variances requested are the minimum variances necessary to make reasonable use of the land and buildings. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in hannony 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. May 7,2007 Board of Adjustment K:IReports11007180A Reports105-07-07180A 07-1518(Benofield).doc BOA 07-2528 Benafield Agenda Item 1 Page 5 of 18 Finding: Granting the side setback variances for the detached garage and front setback variances for the residence will be in harmony with the general purpose and intent of zoning regulations. Allowing the re- construction of a detached garage within the side building setbacks will not be detrimental to the public welfare due to the small scale of the garage and shared driveway and existing conditions on the property. Granting the front setback variance to bring the existing historic home into compliance and to allow for a covered front porch to square-off the front of the house will help establish the streetscape of the neighborhood. C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions of approval for these variance requests listed 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, including detached garages, are permitted within the RSF-4 zoning district. May 7,2007 Board of Adjustment K:IBepor[s120071BOA Bepor[s105-07-071BOA 07-2528(Benafield).doc BOA 07-2528 Benafield Agenda Item 1 Page 6 of 18 161.07 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 Unit 8 Single-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-famil 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 re ulations. Single-family Two-family dwellings dwellings Fmut- Hillside 70 ft. 80 ft 8,000 sq.ft. 12,000 sq.-ft. 8,000 sq.ft. 6,000 sq.ft. lside Overlay 60 R 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 requirements. FRONT SIDE REAR 25 U. 8 ft. 20 ft. tOD Front HOD Side HOD Rear 5 ft- S ft. 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) May 7,2007 Board of Adjustment K.lReports1200700,4 Reportsi05-07-071BOA 07-2528(Benafield).doc BOA 07-2528 Benafield Agenda Item 1 Page 7 of 18 May 7,2007 Board of Adjustment K:lReporrls120071BOW Reports105-07-07WOA 07-2528(Benafield).doc BOA 07-2528 Benafield Agenda Item 1 Page 8 of 18 PLAT OF SURV VARIANCE RE j�EST SVAVEY / SITE- P--Lw-- CIL CIL ------_----SUTTON STREET ---------- _, _ 20' Row i - - — ',I 12 N 89'35'33" E 77.88' I n �� c �c' w 2♦,fit(ex,'s�%n9 zfrucfiRe.�' II u� I• t nPw Pn2l,� ZS�i SIN �Yq s28w�1 .. 1 vc ( J I a; 1 Porcl. �J•F 1I'. . 00 I HOUSE 1 T m mxe n F12413' `�1 r " i � 22 w- rsew tae I FART OF LOT 5 & Z� 15.13' j 1 0.31 ACRES +/— of S 89'57'31" W ZONED:RSF-4 �. zna nsn. N I. { 1 Y 0 $ S 89'54'33" W 62.77' 0' 30' 60' 90' r� $ 8 I GRAPHIC SCALE(IN FEET) ate. 1 Inch=30fr. 07 1\Y/ Board of Adjust ent BOA 07-2528 Ben,field Agenda It HOUSE DE-N$t 9RId§ TO A L L I S O N ■ ARCHITECTS April 16, 2007 R4-C4-J7 P(A�N/� ?Opp Bob Nickle � OPV Chair, Board of Adjustment City of Fayetteville Planning Department 113 W. Mountain St. Fayetteville, AR 72701 Re: Amendment to variance request— BOA 07-2528 Garage structure at 217 Sutton Dear Mr. Nickle, The owners of the property are revising their request which will result in a much lower impact structure. Instead of replacing the existing garage with a new garage and two covered parking spaces attached, they are only asking to replace the existing garage with a slightly enlarged structure. This accessory structure was original to the house, is in poor condition and has a sheet metal roof. The owner requests to be able to replace the structure with a new garage that will be detailed to match the original residence with a gable roof form and architectural grade shingles. The structure would be enlarged on the north and west sides which are towards the main residence. The current south and east building sides would remain in the same location. Dimensions of the existing garage are 12.13' x 20.47' for a total of 248 square feet. The enlarged size would be 16' x 22' for a total of 352 square feet. Although this structure is partially located within the setback, there is a shared drive with the immediate neighbor to the east. This was characteristic of the historic Washington-Willow District and many other residences have accessory structures that are similarly sited. Please note that the neighbors are in support of replacing the structure. A letter to that effect will be presented at the BOA meeting on May 7. The slightly enlarged garage will not exceed the guidelines of 40% lot coverage and the total square footage of all accessory structures will still be less than 50% of the square footage of the main residence. ALLISON ARCHITECTS, Inc. 221 N. East Ave, suite 205 Fayetteville,AR. 72701 Tel 479-4446972 fax 479-444-8197 May 7,2007 Board of Adjustment BOA 07-2528 Benafield Agenda Item 1 Page 10 of 18 We also request approval for the northwest corner of the residence which encroaches 6" within the front yard setback. Evidently this condition has existed for many years, prior to ownership by the Benafields. An enlarged front porch was recently permitted and is under construction. It does not encroach on the setbacks. Photographs of the residence, garage and outdoor pavilion located in the southwest corner of the site are provided for your use. Please contact me if you have questions. Sincerely, Sallie Overbey, AIA — Allison Architects, Inc. ALLISON ARCHITECTS, Inc. 221 N. East Ave, suite 205 Fayetteville, AR. 72701 Tel 479-444-6972 fax 479-444-8197 May 7,2007 Board of Adjustment BOA 07-2528 Benafield Agenda Item 1 Page.11 of 18 r� r r s. " u , Oi ibx �. �, � e - AIN s �R P. � +n f $ a i AV ' a H �"' x- ,as�• yet rye C 6 R r >s Garage r U 4 2 , S r42! s"� Garage May 7,2007 Board of Adjustment - BOA 07-2528 Benafield Agenda Item 1 Page 13 of 18 {$� z 04 .1. 11 •1 „ :0' 1 � 1 n g a L Y ' >, yy WE � - r� µn�� �g`7,'-'s' #.3 .^rte: s^.,�' ' �•t`.,s � � 4f �. � ,' . Mft + 3+s ;`" . g; r - A; p Fey , t � ya XT1 ` INZIFS, EWE a ' s ng !'...;•' ` v, �� � � x�3�a'y_ � '��'`u 6 � ty,.�` 8f axt-^r��� ' g: i 1¢yy '13'y a3 Y� f q[a 1 }4v�vE>` @ �i�, U .�...Cs ' _}'r. ,; PLAT OF SURVEY —.T.—--.—.—.SUTTON STREET I N89'35'33 E 7788' rc firs6xa"w nas, Tl— L' 1 HOUSE Ilm N 1 I a I a r � a{ - �L`. I Gd64iHEb LINES- Ihlnl Ut'F� ro I LBI6 � g� k { .; ryART OF LOT 5 & 6N 15.13' III 1 031 ACRES +/ J S 89'5]'31' W ZONED:RSF 4 a. — HOUSE S 89'54'33" W 62.A' 0' 30' 60' g0' I IJ GRAPHIC SCALA(IN FEET) ° I Inch=30R n[cK HOUSE DETAIL=NOT TO SCALE HEREBY CERPfY THIS TO BE 1ROE AND CORRECT LEGAL DESCRIPTION. To INCBEST ur KNBwLLD0 D eEUEF THE NORTH HALF(NI/2)OF LOT NUMBERED FIVE(5)IN ON THISTME. �DAr BF ,zoos. BLOCK NUMBERED SEVENTEEN(17)IN MASONIC o""InuE^,n ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS, w•w0i1 ST o� LESS AND EXCEPT THE EAST 128 FEET THEREOF. 4....•••• A%y ALSO,ALL OF LOT NUMBERED SIX(6)IN BLOCK • STATE OF'; NUMBERED SEVENTEEN(17)IN MASONIC ADDITION TO AE2KAIVSAS o THE CITY OF FAYETTEVILLE ARKANSAS,LESS AND N0. 1532 .o. EXCEPT,THE EAST 110 FEET THEREOF,AND SUBJECT TO 7 N mow- A COMMON DRIVEWAY 10 FEET 7N WIDTH ALONG THE a}� RA •;4 EAST SIDE OF SAID LOT. 'y tPf`•�kl�,0.0��•J munnl"• IF THE SIGNATURE ON MI5 SEAL IS NOT AN BRIGINAL AND NOT BWE IN COLOR THENR SHOVW BE ASSUMED THAT THIS PIAT MAY HAVE BEEN ALTERED. THE ABOVE CERRFlGTIOH LL SHANOT APPLY TO ANY COPY THAT DOES NOT BEAR AN ORIGINAL SEAL AND SIGNATURE. FORUSEANDBENEFROF: MCKINNEY REAL ESTATE Biebl, Bates LEGEND: BRYAN BENAFIELD ME "" Z ADDRESS: ASSOCIateS,inc- ® 3ANITARY3EWE0. 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WE 24 Rh °' Msa t T-0 Kip``t-� 6Fs-'ss� �, -°' ' ?'rtsr 24 ' RPZO L�,.1. 94 RSF` E PT1R 5>'� 1 �THa,J MF44?$ `£RPZD t > Ya. �.PRIVAT gV _ ' ]>SOR` ILLEM H R-0 RSF` SRPM Z.. --RMF-24 RMF24 I RMF 2{d .y t.t F' RSF4 HV S ERO tR9F-0O - 00/1$Pi k '` �Fsr A +1 y Rd4 bx ' F4 SG RSP SRSF`� P 1 a R-AR-A Nt RMFi24 v n r *4i,'37�ANe 2 �2 "iAN C t t RMP24 y G1 RMF2{4tS _ RA� 2 � > e� f �i ¢ S t� 2.4 t g}f4�RMF2e14 2� LiTHSr t rPt fis 3z4#w r+. 9''e"�RMF2q ^S'nim E9FeAN sR z3F-0o -«P EKiE 24 �w t . s 9 s, zA:Yf(.r�-a+-i 'i1[c1AtUbr`3�R RMr�24 F .0 X� 12 - "RIJF2a`�` tfdF15 Rs k f S v FyRNF-�4 �MF29� ja. :9 fl1�1F2o-�4"t"y dF '* M ItSF`- $ �[ °chi W L .aC C16 IT5TRMF`�4'"'s a Y u rc 2di3THsr.7RrH:srt9 'f$I' dN-y?=3S' E ` •v„ z Overview Legend Boundary -- Subject Property ®^d Planning Area EM BOA07-2528 Overlay District - ❑ ___i Outside City Legend MA Hillside-Hilltop &erlay District 0 0.25 0.5 1 . May 7,2 07 Mees Board of Adjustnt BOA 07-2528 Bena eld 1 Page 18 Gifts e { T L °' BOA Mle eeting of May 7, 2007 affly0etARKANSAS 125 W. Mountain St. Fayetteville,AR 727011 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: April 25, 2007 BOA 07-2529 (PHILLIPS1614 W. DOUGLAS, 444): Submitted by NORTHSTAR ENGINEERING CONSULTANTS, INC for property located at 614 W. DOUGLAS STREET. The property is zoned RMF-40, MULTI FAMILY—40 UNITS PER ACRE and contains approximately 0.26 acres. The request is for variances of lot area and setbacks to bring a non- conforming structure into compliance and to allow for a lot split of the subject property. Planner: JESSE FULCHER BACKGROUND: Property description: The subject property is Lot 14, Block 2 Archias-Bushnell Addition and is located between N. Gregg Avenue and N. Whitham Avenue. The property fronts on two streets, Douglas Street to the south and Taylor Street to the north. There is an existing single-family residence located on the south portion of the property(614 W. Douglas Street). The existing residence was permitted for construction in 2004 pursuant to current Master Street Plan requirements and building setbacks in the RMF-40 zoning district. However, the survey associated with the subject variance and lot split request has revealed that the structure is located within the front building setback. The Subdivision Committee approved a lot split request for the subject property on April 12, 2007, subject to conditions of approval, including approval of lot area variances for the two proposed lots. Approval of the requested lot split did not increase this front setback encroachment. However, the lot split as approved will create a setback encroachment on the north side of the residence where a porch roof has been constructed. A condition of approval was included with the lot split request requiring that the porch roof be removed prior to recordation of the lot split document. SURROUNDING LAND USE AND ZONING Land Use Zoning North Multi-family dwelling RMF-40, Residential Multi-family, 40 units/acre South, East,West Single-family dwellings RMF-40, Residential Multi-family, 40 units/acre K:VReporas 2007WOA Reprnzs105-077071BOA 07-2529(Phillips 614 Douglas).doc May 7,2007 Board of Adjustment BOA 07-2529 Phillips/614 Douglas Agenda Item 2 Page 1 of 26 Proposal: The applicant has been approved for a lot split on the subject property; however, a variance of the lot area requirements in the RMF-40 zoning district must be approved by the Board of Adjustment prior to recordation of the lot split. Should the Board of Adjustment deny the requested variances the lot split approval shall be null and void. Request: The request is for two lot area variances for Lots 14A and 14B and for a front setback of 20' (a 5' variance)to bring the existing nonconforming structure into compliance. Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request Variance Amount Lot Area Lot 14A 6,000 sq. ft. 5,922 sq. ft. 78 sq. ft. Lot Area Lot 14B 6,000 sq. ft. 5,047 sq. ft. 953 sq. ft. Front Setback 25' 20' 5' RECOMMENDATION: Staff recommends approval of the requested 20' front setback (a 5' variance) and lot area variances as shown on the attached site plan with the following condition(s): 1. One single-family home may be permitted on the new lot(Tract 14B). Any development shall comply with all zoning development regulations including building setbacks from the property lines and Master Street Plan right-of-way, height restrictions, and so forth. 2. A building permit shall not be approved until all conditions of approval associated with LSP 07-2538 are completed. A copy of these conditions is attached to the staff report. 3. Approval of this variance shall not be construed for approval of a building permit. All necessary reviews by Planning and Building Safety and permits shall be issued prior to the construction. BOARD OE ADWSTMEMT ACTI,ON 0 Approved 13 Denied Second. :3Fote. ._ =. Date: 1lCuv 7, 2007 - The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this variance. Name: Date: K:I Reports120071BOA Reports105-07-071BOA 07-2529(Phillips 614 Douglos).doc May 7,2007 Board of Adjustment BOA 07-2529 Phillips/614 Douglas Agenda Item 2 Page 2 of 26 Future Land Use Plan/City Plan 2025 Designation: City Neighborhood Area FINDINGS: .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. The builder at the time of construction was aware of the setback requirements and the signed building permit; however a mistake was made in locating the home in relation to the Master Street Plan right-of-way and subsequently the home encroaches into the building setbacks. The approved building permit site plan specifies a 25' building setback along the south property line and is attached to this report. Staff does not support building new structures in building setbacks and violating a signed building permit as occurred with this project. Special conditions do exist which are peculiar to the subject property. The property, like many of the other properties in the inner core of Fayetteville, was platted prior to the adoption of the current zoning district regulations. The property (Lot 14 of Archias-Bushnell Addition)was platted as a 53' wide lot,which does not meet current lot width requirements in the RMF-40 zoning district. Only after the City Council vacated an adjacent 15' alley right-of-way in 2004 did the property have adequate frontage to be developed(half of the alley width was added to the property,increasing the lot width from 53' to 60.5'). 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations related to nonconforming structures would limit the amount of improvements and additions to the existing structure. Additionally, if the variance is not granted,the current owner will have difficulty selling the property in the future, because the owner must disclose the findings of the provided survey. Literal interpretation of the zoning regulations related to lot area would not K:Teporos 20071BOAReporar105-07-071BOA 07-2529(PJn1hps_614 Douglas).doc May 7,2007 - Board of Adjustment BOA 07-2529 Phillips/614 Douglas Agenda Item 2 Page 3 of 26 deprive the applicant of rights enjoyed by other properties in the same district given that a single-family structure was recently constructed on the south side of the property. However, staff does not find that a variance of approximately 78 sq. ft. and 953 sq. ft. for Lots 14A and 14B respectively from the required lot area would be detrimental to the surrounding neighborhood. In fact the subject property is located within a designated Growth/Infill Sector. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Special conditions or circumstances are the result of the actions of applicant miscalculating the setback distance during construction. The site plan submitted for a building permit shows the location of the home meeting all setback requirements. The request to create two lots less than the required lot area is a result of the applicant's desire to create a new single-family dwelling north of the existing home. The property can be developed as a multi-family use without the 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 front setback variance may confer special privileges on the applicant as other structures in the RMF-40 zoning district and this immediate neighborhood are required to conform to building setbacks. Although not considered as a finding,most of the structures in this area are located close to the Master Street Plan right-of-way. Granting the requested lot area variances will not confer special privileges on this applicant. The zoning for the property allows single-family use. 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 area are to be accommodated. The zoning of the property allows for multi-family development at up to 40 units per acre. The applicant proposes one dwelling unit on each of the resulting lots, resulting in approximately 8 units per acre. 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. K:IReports120071BOA Reports105-07-071BOA 07-2529(Phillips 674 Douglas).doc May 7,2007 Board of Adjustment BOA 07-2529 Phillips/614 Douglas Agenda Item 2 Page 4 of 26 Finding: No nonconformities were considered as a basis of the findings stated in this staff report. .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,May 07, 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 front setback variance is the minimum variance necessary to accommodate the existing structure on the subject property. The requested lot area variances are the minimum variances necessary to accommodate a single-family dwelling on each proposed lot. The applicant does not intend to construct the dwelling in such a way to violate any other requirements of the RMF-40 zoning district. 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 not be in harmony with the general purpose and intent of zoning regulations. However, staff does not find that it will cause a substantial adverse impact on the character of the neighborhood, and will not be injurious or detrimental to the public welfare. The location of this house in the front setback is consistent with the location of the majority of structures on and near Douglas Street. Granting the lot area variances will be in harmony with the general purpose and intent of zoning regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The size of the proposed lots would be consistent and in character with the other lots in the neighborhood that were created prior to zoning regulations. Additionally, granting the lot K:I Reporis12007160A Reports105-07-07160,1 07-1519(Phillips 614 Douglas).doc May 7,2007 Board of Adjustment BOA 07-2529 Phillips/614 Douglas Agenda Item 2 Page 5 of 26 width variances will allow for appropriate development in an infill situation. (2.) Reasons set forth in the application justify granting the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land,building, or structure. Finding: Reasons set forth in the application justify granting the requested variances. b. 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. C. 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 uses are for single-family residences, uses permitted by right in the RMF-40 zoning district. K:IReportsl,?00700A Reports105-07-071BOA 07-2529(Phillips 614 Douglas).doc May 7,2007 Board of Adjustment BOA 07-2529 Phillips/614 Douglas Agenda Item 2 Page 6 of 26 161.15 District RMF-40,Residential Multi- (3) Land area per dwelling unit. Family—Forty Units Per Acre Manufactured home 3,000 sq.ft. (A) Purpose. The RMF-40 Multi-family Townhouses&Apartments Residential District is designated to protect No bedroom 1,000 sq.ft One bedroom 1,000 sq.ft. existing high densitymulti-familydevelopment and Two or more bedrooms 1,200 sq.ft. to encourage additional development of this type Fraternity or Sorority 500 sq.ft.per resident where it is desirable. (E) Setback requirements. (B) Uses. Front Side Rear (1) Permitted uses. lil25 ft. 8 ft. 20 ft. Unit 1 Ci -wide uses by right Cross reference(s)--Variance,Ch. 156. Unita Single-family dwellings Unit Two-family dwellings (F) Height regulations. Any building which Unit 10 Three-family dwellings exceeds the height of 20 feet shall be set back from Unit 26 Multi-familydwellings any side boundary line an additional distance of one foot for each foot of height in excess of 20 (2) Conditional uses. feet. Unit 2 City-wide uses by conditional use permit (G) Building area.None. Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities (Code 1965,App.A.,Art.5(IV);Ord.No.2320,4-5-77;Ord.No. Unit 11 Manufactured home park 2700,2-2-81;Ord.No. 1747,6-29-70;Code 1991,§160.034; Unit 24 Home occupation Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99) Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 16 to 40 (D) Bulk and area regulations. '.. (1) Lot width minimum. Manufactured home park 100 fL Lot within a manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured 4,200 sq.ft. home park Townhouses: Development 10,000 sq.ft. Individual lot 2,500 sq.ft. Single-family 6,000 sq.ft. Two-family 6,500sq-ft. Three or more 8,000 sq.ft. Fraternity or Sorority 1 acre K.IRepore;20071BOA Reports105-07-071BOA 07-2529(Phillips 614 Douglos).doe May 7,2007 Board of Adjustment BOA 07-2529 Phillips/614 Douglas Agenda Item 2 Page 7 of 26 164.12 Nonconforming Uses And Structures setback. (D) Nonconforming structures. Where a lawful (d) In residential zones, porch roofs and open structure exists at the effective date of adoption or porches may extend into required setbacks by one foot amendment of this chapter that could not be built on each side of the entry door to maximum depth of six under the terms of this chapter by reason of feet in required front setbacks and rear setbacks and to restriction on areas,lot coverage,height,setbacks, a maximum depth of four feet in required interior side its location in the lot, or other requirements setbacks. concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) Alterations. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity but any structure or portion thereof may be altered to decrease its nonconformity, provided, the following structures may be enlarged or altered as hereinafter provided: (a) Nonconforming residential structures may be enlarged or altered by increasing the height of said structures. (b) Carports in residential zones may be extended into the required setback setbacks if: (i) The carport is setback at least 10 feet '. from the street right-of-way; (ii) The carport is setback at least five feet from any interior side property line; (iii) The carport is setback at least 10 feet from the rear property line; (iv) The area below the roof is open on the sides;and (v) The carport does not materially obstruct vision. (c) In residential zones, detachable awnings which are not structurally a part of the building may be erected in any required front setback or rear setback if the awning does not project more than six feet. Detachable awnings which are not structurally a part of the building and which project no more than four feet may be erected in any required interior side K.1 Reports120071BOA Repo,ts105-07-071BOA 07-1519(Phillips-614 Douglas).doc May 7,2007 Board of Adjustment BOA 07-2529 Phillips/614 Douglas Agenda Item 2 Page 8 of 26