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HomeMy WebLinkAbout2007-08-06 - 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,AUGUST 6,2007 at 3:45 p.m. Room 326,City Administration Building The following items will be considered: Approval of the minutes from the June 4,2007 meeting. New Business: 1. BOA 07-2671 (WATERS,404): Submitted by ALAN REID for property located at 1342 MOUNT COMFORT RD. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.28 acres. The request is for reduced lot area to create a new lot,and setback variances to bring an existing nonconforming residence into compliance. Planner: Andrew Garner 2. BOA 07-2672 (DICKENSON,445): Submitted by WYNN AND CHARLES'CHIP'DICKENSON for property located at 803 N. HIGHLAND AVENUE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.29 acres. The request is for a 5'side setback(a Y variance)and a 7'front setback(an 18'variance). Planner: Jesse Fulcher 3. BOA 07-2673 (CHADICK,443): Submitted by TERRI&VINCE CHADICK for property located at 681 N. RAZORBACK ROAD,JUST SOUTH OF CLEVELAND STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.39 acres. The request is for a 4'side setback(a 4'variance). Planner: Jesse Fulcher 4. BOA 07-2674(SHERIN,446): Submitted by ROB SHARP ARCHITECT,INC. for property located at 704 N. COLLEGE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.42 acres. The request is for a 5' front setback(a 45'variance). Planner: Jesse Fulcher 5. BOA 07-2675(LUX,445): Submitted by TIM COOPER for property located at 862 PARK AVENUE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.44 acres. The request is for a 15'front setback along the unconstructed right-of-way of Clebum Street(a 10' 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 I P^NT 9� BOA Meeting of August 6,2007 =' "- 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: August 2, 2007 BOA 07-2671 (WATERS,404): Submitted by ALAN REID for property located at 1342 MOUNT COMFORT RD. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.28 acres. The request is for reduced lot area to create a new lot, and setback variances to bring an existing nonconforming residence into compliance. Property Owner: Earl Waters Planner: Andrew Garner RECOMMENDATION: Staff recommends approval of the requested side and rear setback variances for the existing structure on Tract`A',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 RMF-24 zoning district. 2. A building permit shall be obtained prior to commencement of any construction. Staff does not recommend in favor of the requested lot area variance for,Tract`A' to be less than the required 6,000 square feet. It appears that the size of Tract`A'could be increased by approximately 361 square feet which would meet the minimum lot area requirements,and still allow the subject lot split into two conforming lots. Additional Conditions/Comments: August 6,2007 Board of Adjustment BOA 07-2671 Walters Agenda Item 1 Page 1 of 14 3ARfYY C3 AD111iCT011� IJJ Aggrovet� © Denred a tttxttx .. W _ Dafe Adt=ist 6,-20() The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this variance. Name: Date: BACKGROUND: Property: The subject property is located at 1342 Mount Comfort Road and within the RMF-24 zoning district. There is an existing single-family residence located on the western portion of the property. The existing residence was permitted prior to current zoning regulations. The survey indicates that portions of the structure encroach within the required 8 foot side building setback on the west side of'the structure, and within the 25' rear building setback on the north side of the structure. Surroundin Land Use And Zonin : Direction I Land Use Zoning East, West Single-family Residential RSF-4, Residential Single-family North, South Single-family Residential RMF-24, Residential Multi-family Proposal: As shown in Table 1,the applicant is a requesting lot area variance to create a lot with only 5,639 square feet,when 6,000 square feet lot area within the RMF-24 zoning district is required for a single family dwelling. In addition,the existing structure on Tract A is located approximately 2' from the side property line(8' required), and 12' from the rear property line (25' required)and variances to bring this structure into compliance are requested. Table 1 Variance Requests Ordinance Variance Issue Requirement Applicant's Request Tract A 5,639 square feet Lot Area 6,000 square feet 361 square foot variance Western Side Setback(existing structure 8 feet 2 feet 6 foot variance Northern Rear Setback (existing structure 25 feet 12 feet 13 foot variance K,kReporu1200ABOA Reports108-06-07WOA 07-2675(Waters).doc August 6,2007 Board of Adjustment BOA 07-2671 Walters Agenda Item 1 Page 2 of 14 CITY PLAN 2025 DESIGNATION: Future Land Use Plan: Residential 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: It appears that the parent tract and existing house on this property were created/constructed well before the current Master Street Plan and RMF-24 zoning district requirements. The resulting shape of the lot and placement of the resulting house are special conditions and circumstances peculiar to this property. The applicant's request to create Tract`A'with a nonconforming lot area is not a special condition or circumstance. 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 allow for the property to be split into two lots and developed for one additional single family residence as proposed. The lot area variance for Tract`A' does not appear necessary for a lot split. However,the existing house on the property has been in existence and used as a,residence for many decades. The applicant's desire to bring the nonconforming structure into compliance is a right commonly enjoyed by other property owners. Literal interpretation of the zoning regulations would not deprive the applicant of the right to continue to use this property for one single family house on one single family lot. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The conditions which created the lot shape and placement of the existing home are not the result of actions of the applicant. However the desire of the applicant to split the lot in the configuration proposed, and to develop the K.tReports120071BOA ReporM08-06-071BOA 07-2675(Waters).doc August 6,2007 Board of Adjustment BOA 07-2671 Walters Agenda Item 1 Page 3 of 14 second lot for an additional single family house is a result from the actions of the applicant. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning,Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the requested side and rear setback variance to bring the existing structure into compliance will not confer special privileges as the residences was created well before current setback requirements. However, granting a variance of lot area for proposed Tract `A' needed to split the lot in the configuration proposed would confer a special privilege as this property is currently developed and utilized for a single family residence,and the desire to divide the lot into two lots, one of which being smaller than code requires,is a special privilege that is not provided to other lots in the RMF-24 district. Additionally, it appears that the lot could be split with both lots meeting the minimum lot width and lot area requirements. 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,August 6,2007. 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 side and rear setback variances are the minimum ktReports12007BOA Reportrl08-06-071BOA 07-2675(Waters).doc August 6,2007 Board of Adjustment BOA 07-2671 Walters Agenda Item 1 Page 4 of 14 variances necessary to bring the existing nonconforming structure into compliance. The lot area variance for the lot split as proposed does not appear necessary in order to split the lot. 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 variances to bring the existing structure into compliance will be in harmony with the general purpose and intent of zoning regulations and will not be injurious to the neighborhood. It does not appear that the variance of lot area is necessary for a lot split,and would not be consistent with the intent of Section 164.12 of the Unified Development Code to discourage non-conforming situations. 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 RMF-24 zoning district. KlReporuI20071BOA Repor1s108-06-07180.407-2675(Waters).doc August 6,2007 Board of Adjustment BOA 07-2671 Walters Agenda Item 1 Page 5 of 14 City of Fayetteville Unified Development Code 161.14 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 City-wide uses by right Unita Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-family dwellings (2) Conditional uses. Unit 2 Cit -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. 11 Units per acre 4 t 24 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100ft. - Lot within a Manufactured 50 ft. home park Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 sq.ft. Townhouses: Development 10,000 sq.ft. Individual lot 2,500 sq.ft. Single-family 6,000 sq.ft. Two-family 7,000 sq.ft. Three or more 9,000 sq.ft. Fraternit or Sororit 2 acres Professional offices 1 acres (3) Land area per dwelling unit. Manufactured home 3,000 sq.ft. K.Weports120071BOA ReporuluS-06-0700A 07-2675(Waters).doc August 6,2007 Board of Adjustment BOA 07-2671 Walters - Agenda Item 1 Page 6 of 14 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. gle HOD Single HOD Single ont Famil Side Famil Rear 8 ft. 15 ft. Family HOD Two Family HOD Two Family Side Rear 8 ft. 15 ft. lti Family HOD Multi Family HOD Multi Family Side Rear 15 ft. 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. (G) Building area. None. (Code 1965,App.A.,Art.5(p;Ord.No.2320,4-6-77;Ord.No.2700,2-2-8 1;Code 1991,§160.033;Ord.No.4100,§2(Ex.A),6-16-98; Ord.No.4178,8-31-99) K.IBeporiA20071BOA Reporrs108-06-071B0A 07-2675(Waters).doc August 6,2007 Board of Adjustment BOA 07-2671 Walters Agenda Item 1 Page 7 of 14 ORIGINAL AREA - 0.284± ACRES TRACT AREAS TRACT 'A' 0.13± ACRES 5,639.1± SJFT�TRACT 'B' 0.151 ACRES 6,710.6± S1Z NW CAR, NE COR. LOT J LOT 3 M BLOCK 3 BLOC(3 O OO O O 765ES&LYNN JAMES W. LYNN IX SK- 765-0628]-000 1379 W. H£NDR1X ST. !AURA L HUGHES FAYETTEYILLE AR. 7270 P.O. BOX 1072 ZONED RMF-24 FAYETTEMUF-AR. 72]02 30 ZONED RMF-24 I M o x x x P I ' 0 $ t.-" —60.00'_x� � N S89'53'43"E r" ,589'53'43"E— �-64.82' IZS' .....nom.. ¢]'� 7.20' sem 25' B.S.B. ' ' ....... ....: W 00 O1 '� M DEDKd p 25' B.S.B. ]65-10886-000 Oi 765-06296-WO EARL15&AiETA GWSON xa• 1 ANDERSON—_-—- Ui WATERS, LLG P.O.BOX 99 ��p m 1 1375 N. THOMPSON$T. ZONED RSF-44723310 ', 1 ". '� SS(LY"� G 1 I ZON1ED SPRNGMMP-24& MF-AR. 72764 1 w D�t1GG�0.Ng- ED I I m M I. . C. R yy �, I , TRACT 8' 765-0 6296-000 M1 I j AMM2 W* MOUNT OMFORT ROAD FAYEThl9LLE.AT. 72701 p 74r I } I I ZONED RSF-4 bb d pnRr� Z TR T A' R/W- Bs.B. —LAR z N82'07'37"W I o ......BLocK.3. N '07 3 2.43' p ASPHgLT b ....0.........::: ...F,oNc. I 0 T "" mac �6 N80'1*J III 425S9t0f7� R w rc_�c 47.86 -_ SE COR.' 4.89' LOT BLOCK i1YP CO R/W .tAtT 7C5-Dsfiz9-DDD a��a MOUNT cov www`v SHAWN k DAWN REED !a (ASPHALT) ROA 1415 W.LLE.A COMFORT RD. � a fAYERE\MLLE,M. ]2]03 !a. ZONED RSF-4 AREA IN Jd 41 ! 32.. ACRES 763-13749-�D a'�a 632.37 SQ. Ff. \ CARMEN THET C LIERLY a! 1333 W MOUNT COMFORT ROAD a�_ ZONED RMF-24 a i� i� !pP__ LINE BEARING DISFANCE L1 N772340 15.61 BALL UNDERGROUND UTILITY LOCATIONS ARE APPROXIMATE,ugust 6,2007 Board of Adjustment BOA 07-2671 Walters Agenda Item 1 Page 8 of 14 :IFICALLY STATED OR SHOWN ON THIS PLAT, THIS SURVEY DOES RECEIVED Ai: JUN 2 1 2007 Alan Reid PLANNING DIV. & ASSOCIATES PROFESSIONAL LAND SURVEYORS BOUNDARY TOPO Planning Division GPS 113 West Mountain Street Fayetteville,Arkansas 72701 Re:Lot Width Variance Earl Waters 1342 Mount Comfort Fayetteville,Arkansas Dear Planner, Please accept this letter on behalf of my client,Mr.Earl Waters,as a formal written request for a variance of the lot width minimum requirement in an area currently zoned RMF24.Mr. Waters intention is to construct a new residence to the East side of an existing house at 1342 N.Mount Comfort.The City Code requires a sixty(60)foot lot width.Mr. Waters currently has one hundred and twenty-three(123)feet of frontage along Mt.Comfort and would like to split the property into two(2)tracts.The East tract would have 68.71 feet of frontage(no variance)and the West tract would have 56.11 feet of frontage(an 3.89 foot variance).The existing house also encroaches into the set-backs as per the RMF24 regulations.Mr Waters is also asking for a variance for setbacks on the West tract.The front setback having a 3.5 foot variance, The rear setback having a 12.5 foot variance,and the side setback having a 6.0 foot variance.Thank you for your consideration in this matter and please call me if you should have any questions. VARIANCE REGULATIONS REQUIRED PROPOSED TRACT A PROPOSED TRACT B LOT WIDTH 60' 56.11' 3,91 68.71' � LAND AREA PER 240.$ DWELLING UNIT 3.000 SQ. Fr. 1,744.2 SQ. Fr 2,789.2 SQ. Fr. ., LOT AREA - 7,000 SQ. FT. 5,258.8 SQ. Fr. ,1_ 7,096.2 SQ. Fr. REAR SETBACK 25' 12.5' 1 25' FRONT SETBACK 25' 21.5' s6� 25 SIDE SETBACK B. 2' (WEST SIDE ONLY) 8' - B sRegazd A ReIV - Pr fessional Surveyor August 6,2007 Board of Adjustment 118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 1 888 549 8784 B(ftf014a1a1t£d964 Agenda Item 1 Page 9 of 14 un 1407 09:.04a EARL WATERS 479-443-4185 p. 2 To the Chair of the Board of Adjustments, We are asking for a variance on our lot split.The existing house sits on a lot that is 123 feet wide.The house sits far to one side of the lot.We would like to build another residence on the empty hal£ since the lot would be less than 70 feet we need a variance. Most lots in the neighborhood are less than 74 feet so this would fit into the same criteria as has existed. Thank you for your attention to this matter. Earl Waters 263-0274 earlwaters@arkansas.net "v Q t August 6,2007 Board of Adjustment BOA 07-2671 Walters Agenda Item 1 Page 10 of 14 Jun 1.4 07 O9: O5a EARL WATERS 479-443-4185 - p. 3 To the City of Fayetteville, I am writing to inform you of my intentions regarding the property located at 1342 Mt. Comfort Rd. in Fayetteville. I am applying for a lot split to separate the Iot into two lots.The lot is wide enough to accommodate a split so as to build another residence on the empty side.This side will also front Mt.Comfort so it will have it's own drive way and parking. The existing house will remain and is being remolded. I appreciate your time for considering this application. Earl Waters 263-0274 earlwaters@arkansas.net � s 1 � August 6,2007 Board of Adjustment BOA 07-2671 Walters Agenda Item 1 Page 11 of 14 BOA07-2671 WATERS Close Up View y a "`lw:�..`.rz. � w ? S,r x.,a Y�l f�`u; �nx �t ♦ �:,sP¢M'„'"n�S.,... .bs y3 .`. > + r .« � 'v`,`-.lv - va z�ftk{lC \ �. S �`vuy v✓ rr Y �Sr n`'e \,L.,v;.ry lrv',�^. 3 y '�\� \ v ., \ 2 z.,,J\�"v�>�'., U'v rui ckv �'v\'�sr.''vy<�✓ �vj `y S'v ;". \ e v :. .v v \ ,\�; Rt' 4,';� v`*�: ,k,, s '�u e\ �^,"�vi SJ�l\xv.^•re`:1+�'t t \`Sv i'la?s v��v`v£S'{� fsYy``\k\��y t�y\1 ..r`,`\y, '. ��\�.v V v..t\�+\\ly\*v v t v f `Y z Y ,.., x r 3' S v ;.t x. n Y s � 3" 1 ✓ }` 'v,`y -i`. SUBJECT PROPERMol- TY IM �-- �:—.3 VVv d'V v` "'`a..A Y s\sv i ''•,A'"P�s1i V\ �YS`+a 'r 3 c b z. y N L Y?� \v � A tv Y �, ,�>" t\ of. A w A Ax � � k z ~•rT,� ` y v c �1., � R oA A�'� l r, yti`.� MEN x s, ��rr f /N V\Y..i. A y\�ViA A s�Vv At-AVAzv v��, \6 Overview oF:,..... 0 75 150 300 450 600 August 6,2007 o-- Board of Adjustment Feet BOA 07-2671 Walters Page 12 of 14 BOA07-2671 WATERS One Mile View F *s, x. 2 +(moi Y.n„Cu•, � t PG12 v. U Su SUBJECT PROPERTY N � dA�vd 4 �{qy it y 1'rFy+„�4R$ - s"'�t�F —I M^T+`� r•�f "!-1«�. ' o s �" � kl Jar � ;�� y���a'�`� "+�I�r�Al��Jxl7 5 � (ktt•^ slY"` Wil. ,_-.. Fi r �KkJF��l1�m F.�R`v�i .�yl� �- �� - azF„a'v� �3. a `" ,.. tt T, �.AFItN.ClT}. R� Overview Legend Boundary - -- Subject Property �'`_i planning Area ❑ am BOA07-2671 Overlay District OOo _ Outside City Legend ------ ®Hillside-Hilltop O erlay District 0 0.25 0.5 1 August 6,20 7 Miles Board of Adjustm nt BOA 07-2671 Walt rs AOGREla 1 Page 13 of 14 August 6,2007 Board of Adjustment BOA 07-2671 Walters - Agenda Item 1 Page 14 of 14 777C BOA Meeting of August 6, 2007 - 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: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: August 2, 2007 BOA 07-2672 (DICKENSON,445): Submitted by WYNN AND CHARLES'CHIP'DICKENSON for property located at 803 N. HIGHLAND AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.29 acres. The request is for a 5' side setback (a T variance) and a 6' front setback (a 19'variance). Planner: Jesse Fulcher RECOMMENDATION: Staff recommends approval of the requested side and front setback variances 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: BO�>k2D OF ADJIIST;MEIYIT ACTION �Apprdved - CFDenled mo, on-, Second . -` Vale ITafe =Au�usf 6 2fl47 _- __... The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this variance. Name: Date: t 6,2007 Board of Adjustment BOA 07-2672 Dickenson Agenda Item 2 Page 1 of 12 BACKGROUND: Property: The subject property is located at 803 N. Highland Avenue and is zoned RSF-4. There is an existing single-family residence located on the property that was constructed in 1956. The existing residence was permitted prior to current zoning regulations. The survey indicates that portions of the structure encroach within the required 8 foot side building setback on the south side of the structure, and within the 25' front building setback on the east side of the structure. Surrounding Land Use And Zoning: Direction I LaW Use Zonin North, South, East, Single-family Residential RSF-4, Residential Single-family West Proposal: As shown in Table 1,the applicant is a requesting a 5' side setback(a 3' variance), and a 6' front setback (a 19' variance) to bring this structure into compliance. Table 1 Variance Requests Ordinance Variance Issue Requirement Applicant's Request Southern Side Setback(existing structure 8 feet 5 feet 3 foot variance Eastern Front Setback (existing structure 25 feet 6 feet 19 foot variance CITY PLAN 2025 DESIGNATION: Future Land Use Plan: 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: It appears that the property and existing house on this property were platted and constructed well before the current RSF-4 zoning district requirements. The property is located adjacent to Highland Ave.,which is a 60' right-of-way within the City Park Addition platted in 1923. The current Master Street Plan designates Highland as a 40' right-of-way. Staff finds that the preexisting K.IRepo,is1200700A Reports108-06-071BOA 07-2672(Dickenson).doc August 6,2007 Board of Adjustment BOA 07-2672 Dickenson Agenda Item 2 Page 2 of 12 nature of the encroachments into the building setbacks constitutes a special circumstance peculiar to the land and building involved. 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 structures. Staff finds that these limitations would deprive the applicant of certain rights commonly 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 front and side building setback variance requests for the existing structure are not the result of actions of the applicant. This lot and others within the surrounding area were platted prior to current zoning regulations. 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 and side setback variances to bring the existing structure into compliance will not confer special privileges as the residences was created well before current setback requirements. 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 ofbulk 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,August 6, 2007. K:IReports120071BOA Reports108-06-071BOA 07-2672(Dickenson).doc August 6,2007 Board of Adjustment BOA 07-2672 Dickenson Agenda Item 2 Page 3 of 12 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 and side setback variances are the minimum variances necessary to bring the existing nonconforming structure into compliance. 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,orotherwise detrimental to the public welfare. Finding: The granting of variances for the existing structure 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 variances will allow the owners to remodel the older home, which will be a benefit to the surrounding 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 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 orby 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. K.IReportsl2007WOAReporrsl08-06-071BOA 07-2672(Dickenson).doc August 6,2007 Board of Adjustment BOA 07-2672 Dickenson - Agenda Item 2 Page 4 of 12 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 City-wide uses by right Unit8 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 Two-familydwellings Unit 24 Home occupations Unit36 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. 61000 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 requirements. FRONT SIDE REAR - 25 ft. 8 ft. _ 20 ft. HOD Front HOD Side HOD Rear 15 ft. 5 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 nonconforrning uses. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. K:IRepmts110071BOA Reports108-06-071BOA 07-2672(Dickensoir).doc August 6,2007 Board of Adjustment BOA 07-2672 Dickenson Agenda Item 2 Page 5 of 12 To: Board of Adjustment 16 Jul 07 Subject: Remodel of 803 N. Highland Ave., (Lot 8 Block V, parcel 765- 0378200), currently a non-conforming structure with respect to building set- backs. We plan to extensively remodel the existing structure for resale. Existing square footage: 2060 Proposed square footage: 2060 The house was built in the late 1950s and is non-conforming with respect to the building set-backs. The survey enclosed was accomplished in 1991. It shows the lot width as 75 feet, which would mean that the platted alley to the south has been abandoned. During our research while under contract to buy the house, city staff found no record of the alley being abandoned, nor did the last several title changes reflect that. We have modified the 1991 survey to show the lot line with the alley still in existence. Without the alley abandoned, the house sits 5' from the south property line. The front of the house (porch) sits 7' from the right of way. (The right of way is currently 60 wide for Highland Ave). Our request is to remodel the house with the existing setbacks and on the existing footprint, which would include rebuilding the front porch not to exceed the current encroachment in setbacks. Request a variance to a 5' setback on the south side (a Yvariance) and a variance to a 7' setback in the front(a variance of 18')to remodel this house and maintain the existing footprint. Thank You for your consideration, �14 - AJ Charles "Chip" Dickenson lWyn�eCDickenson 479-409-5810 479-409-5811 August 6,2007 Board of Adjustment BOA 07-2672 Dickenson Agenda Item 2 Page 6 of 12 To: Chairman of the Board of Adjustment 16 Jul 07 Subject: Remodel of 803 N. Highland Ave. Our application is straightforward in terms of remodeling the structure within the existing footprint. The house was built in the late 1950s which predates the building setbacks in force today. The Wilson Park Neighborhood has many examples of non-conforming structures with respect to building set-backs. We simply want to improve the home with the existing non-conforming set-backs. A literal interpretation of the provisions would not allow an extensive remodel (greater than 10% in value). No special conditions or circumstances will result. Granting of this variance will not confer any special privilege that is denied to other lands, structures, or buildings in this district. 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PR05PECT ST 'i. t�`rtlV'gAY P tr r r r x t`{ Vt w'Ytrtz �' r g", A t� y� \T 1t\��r.�r��"-l��v,*&�"�-?�r °"G*,aixa�,ix\t°rt rtukt S� S,�\xh s``'�t`��,a'�✓� � t t a t ",0♦, ti st. . ��`v�..M\ tx''r`',,: ty ^�•z; b�.tz,?b aj'vyv° � <a ..n�'da.a.. a...% �i t r-0 s� M Overview a7:,Aw 0 37.5 75 150 225 300 August 6,2007 — Board of Adjustment Feet BOA 07-2672 Dickenson Agenda Item 2 Page 11 of 12 BOA07-2672 DICKENSON One Mile View a ylw�r 7 SUBJECT PROPERTY z , r r •�yE M �.r�"i���i':3�L� 1� �H� ,. SL� ".'i rl i�Jl J ti a P e.rte 3+.i I - - �; y _— t 10 I Ir PPS' Was --- Overview Legend Boundary `"-- Subject Property Planning Area ®BOA07-2672 J,000S 008 Overlay District Outside City Legend ® Hillside-Hilltop Ch erlay District 0 0.25 0.5 1 August 6,20 7 ��@S Board ofAdjustm it BOA 07-2672 Dickens n 2 Page 12 of 12