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HomeMy WebLinkAbout2008-06-02 - 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 Monday,June 2,2008,at 3:45 p.m. Room 326,City Administration Building The following items will be considered: 1. Approval of the minutes from the May 5,2008 meeting. Old Business: 2. BOA 08-2959(MARKS/1224 HENDRIX,404): Submitted by RANDY RITCHEY STEADFAST,INC. for property located at 1224 HENDRIX STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.50 acres. The request is for two lot width variances to allow for a lot split. Planner: Andrew Garner New Business: 3. BOA 08-3001 (TEAFF/508 FOREST,445): Submitted by MATT CHAMPAGNE for property located at 508 FOREST AVENUE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.13 acres. The request is for reduced front and rear setbacks to bring an existing non-conforming structure into compliance and for new additions to the structure. Planner:Andrew Garner 4. BOA 08-3002 (NORMAN/1240 N.LEWIS,404): Submitted by MELANIE NORMAN for property located at 1240 N. LEWIS AVENUE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 1.20 acres. The request is for a variance from lot width requirements to split the property into two parcels. Planner: Jesse Fulcher 5. BOA 08-3015(NEWELL/MORTON/1141 HENDRIX,404): Submitted by JAKE NEWELL for property located at 1141 HENDRIX STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.37 acres. The request is for variances from lot width and lot area requirements to split the property into two parcels. Planner:Andrew Garner All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(479-575-8267),125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330. 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. 2008 Board of Adjustment Members Robert Kohler (Chairman) Sheree Alt William Chesser James Zant Robert Nickle Mark Waller Steven Bandy 1ye7 ( BOA Meeting of June 2, 2008 �. AR7 KANSAS 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: May 28, 2008 BOA 08-2959 (MARKS, 404): Submitted by RANDY RITCHEY STEADFAST, INC. for property located at 1224 HENDRIX STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.50 acre. The requirement is for 70' lot widths. The request is for reduced lot widths. Planner: ANDREW GARNER BACKGROUND: Background: The subject property is located at 1224 Hendrix. The property is 0.50 acre, is zoned RSF-4, and contains an existing single family residence. Surrounding.zoning and land use are listed in Table 1. Table 1 Surrounding Zoning and Land Use Direction from Site Land Use Zoning East Multi-and Single- Family Residential RT-12; RSF 4 North, South, West Sin le-Famil Residential RSF-4 Rezoning Request: This item was heard at the April and May 2008 Board of Adjustment meeting and tabled at both of those meetings. This item was tabled in order for the applicant, staff, and the Board of Adjustment to see the outcome of a rezoning request for a property across the street at 1141 Hendrix (RZN 08-2934) to be rezoned to RSF-8. This request is virtually the same, to allow for a lot split, creating two lots that do not meet the minimum frontage required. Staff originally recommended that a rezoning to RSF-8 was more appropriate review process than lot width variance for redevelopment of the subject property. In either case, staff is supportive, as the City's guiding policies suggest, of appropriate and compatible infill development within our existing neighborhoods. On April 14, 2008 the Planning Commission unanimously recommended approval of the rezoning; however on May 20, 2008 the City Council denied the proposed rezoning at 1141 Hendrix. This decision was not based on the proposal of two new single family homes; rather, the concern cited by neighbors of rezoning was due to previous zoning history in this neighborhood. In staffs opinion, this decision generally established a policy from the City Council that rezonings in the Maxwell-Stephens-Hendrix Neighborhood are not highly encouraged, and that redevelopment and infill should be accomplished through'other means, such as variances of the bulk and area zoning regulations to allow for lot splits and redevelopment. June 2,2008 Board of Adjustment K.,Weports120081B0A Reports106-June 0200A 08-2959(Marks).doc BOA 08-2959 Marks/1224 Hendrix Agenda Item 2 Page 1 of 14 The subject property is located in a single-family neighborhood that has a small pocket of multi-family zoning and development that was allowed by City Council as a result of an administrative mistake made years ago on the City Zoning Map. Ever since the zoning map mistake and City Council allowance of the multi-family development in this neighborhood, the City Council has been extremely cautious about rezoning in the neighborhood. Proposal: As shown in Table 2, the applicant is requesting variances from the lot width requirements in the RSF-4 zoning district to allow for the creation of two approximately 51' wide lots,which if approved will require a lot split. Table 2 Variance Request Variance Issue Ordinance Requirement I Applicant's Request Lot Width RSF-4) 1 70' 1 Variances for two 51'wide lots 19' variance RSF-8 Zoning District and Variance Background: Over the years the City has received numerous applications for variances of lot width and lot area to create or allow smaller lots than allowed under the RSF-4 zoning district for infill development. Many of these lots are in the 50-60' range, a historical lot size in Fayetteville. In general when these proposed lots have been a compatible and similar size with the surrounding lots in the neighborhood, staff has recommended, and the Board of Adjustment has approved, such variances. In order to accommodate many of the existing older neighborhoods in the City and to encourage a more traditional development pattern, the City created and adopted the RSF-8 zoning district regulations, consistent with the typical bulk and area requirements of older neighborhoods in the City. This step provided a preferred means by which an applicant could create 50 x 100' lots. Subsequent to the adoption of the RSF-8 regulations, staff has recommended rezoning as the preferred procedure for infill development on single family lots in older neighborhoods, when appropriate, as opposed to the variance procedure. However, due to the unique history of zoning in the neighborhood of the subject property,the City Council has established a policy that RSF-8 zoning is not encouraged. 'Staff has followed that directive in recommending the applicant return through the variance process. Public Comment: Staff received one email recommending denial of this variance, which is attached to this report. CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area—encouraging traditional neighborhood development. RECOMMENDATION: Staff recommends approval of the two requested 19' lot width variances. This recommendation is based on the findings herein and the City Council policy decision referenced earlier in this report, to discourage rezonings in this neighborhood, but to encourage infill and revitalization of this neighborhood through the variance process. The findings in this staff report recommend the variances as an exception to the RSF-4 zoning regulations. Staff recommends the following conditions of approval with these variances: June 2,2008 K.,IReports120081B0.4 Reports106-June 021BOA 08-2959(Marks.dwBoard of Adjustment BOA 08-2959 Marks/1224 Hendrix Agenda Item 2 Page 2 of 14 1. Lot split approval to create the subject lots is required prior to issuance of a building permit. 2. With the exception of the requested variances, development on the subject property shall comply with all City of Fayetteville development regulations.' 3. A maximum of one single family detached structure and associated accessory structures shall be permitted on each lot. Additional Comments: 109a - w 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 that are peculiarto the parcel, related to lot width. The property is a rectangle approximately 104' wide and 213' deep, originally platted as Lot 3 of the Hendrix Addition. This is not an unusual lot size or shape, though it is much larger than the minimum requirements of the RSF-4 zoning district. It is an unusual circumstance that even if the requested 51' lots are approved, each resulting lot will retain over 10,800 SF of lot area, still well above the minimum size established by the RSF-4 zoning district regulations. There are many lots in this neighborhood of a similar configuration as the subject property; there are also several 50' wide lots in the neighborhood and a multi-family development adjacent to the east. City Council has made a policy decision that encourages the variance procedure as opposed to a rezoning procedure, a special exception to the RSF-4 zoning regulations in this neighborhood to allow for infill and revitalization. The requested variances and recommended conditions on this property would allow infill and revitalization of this property consistent with adopted City policies of encouraging appropriate infill June 2,2008 K.IReports120081BOA Reports106-June 021BOA 08-2959(Marks).doc Board of Adjustment BOA O8-2959 Marks/1224 Hendrix Agenda Item 2 Page 3 of 14 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would not deprive the applicant of rights commonly enjoyed by other properties in the same district. In its current configuration, the property may continue to be utilized for one single family residence on a conforming lot, similar to the other properties in this neighborhood. The applicant proposes two 19' variances in order to create two 51' wide lots in the RSF-4 zoning district. The lot configuration proposed would comply with the RSF-8 zoning district 50' lot width minimum. The large amount of variances proposed, almost a 30% variance in lot width for each lot, indicates that these lots are not appropriate for the RSF-4 classification. Staff recommended to the applicant that they apply for a rezoning of the property to RSF-8 to allow for the proposed lot split meeting zoning regulations. Staff finds that the variances proposed would in essence change the zoning of the property to RSF-8' however, the City Council has recently denied a nearby rezoning request for RSF-8 at 1141 Hendrix. This policy decision and discussion at the City Council level discourages rezoning to RSF-8 in this neighborhood and encourages infill and revitalization through the Board of Adjustment variance process. The requested variances would lead to creation of two lots each over 10,800 SF, compatible with the surrounding neighborhood. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The condition requiring the variances is the applicant's desire to split the property into two non-conforming lots. This condition is a direct result of the applicant's actions to construct two individual single family homes on the property. 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 two requested 19' lot width variances will not confer special privileges on this applicant, in terms of land use, lot area, setbacks or criteria requested therein. Two dwellings could be permitted on this property in a number of different ways. However, the Fayetteville Unified Development Code defines a variance as a "...relaxation of the terms of zoning..." These proposed variances are more than the typical relaxation of the underlying zoning and constitute a substantial change in the RSF-4 zoning regulations on this property, in essence creating two RSF-8 lots, in terms of lot width. However, due to the recent City Council policy decision regarding the RSF-8 rezoning request at 1141 June 2,2008 Board of Adjustment KlReports120081BOA Reponsl06-Jure 02WOA 08-2959(Marks).doc BOA 08-2959 Marks/1224 Hendrix Agenda Item 2 Page 4 of 14 Hendrix, an RSF-8 zoning is not recommended. The variance procedure has been encouraged by the City Council as the preferred method for infill and revitalization of this neighborhood, and is recommended as an exception to the RSF-4 zoning ordinance, as opposed to a rezoning application. 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,June 2,2008. 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: Reasons are provided throughout this report that discuss the justification for granting the variances. The variances are the minimum needed to make possible the creation of two single family lots compatible with the surrounding neighborhood. 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: The RSF-4 zoning district requires a minimum 70' lot width and the RSF-8 zoning district requires a minimum 50' lot width. The applicant proposes to create two 51' wide lots in the RSF-4 zoning district, which would result in a change in the lot configuration and development pattern allowed under RSF-4. Staff recommended approval of RSF-8 zoning on the property. However, City Council has made a policy decision to encourage other means of achieving infill and revitalization as June 2,2008 Board of Adjustment K:IRepons120081BOA Reports106-June 02180A 08-2959(Marks).doe - BOA 08-2959 Marks/1224 Hendrix Agenda Item 2 Page 5 of 14 opposed to rezoning. In this case, an exception to the regulations is warranted to encourage infill and revitalization of this neighborhood and to prevent suburban sprawl on the periphery of the City, for the betterment of the City as a whole and consistent with Goals 1 and 2 in the City Plan 2025. Given the surrounding lot configuration and development pattern in this older neighborhood with a variety of lot sizes, including several 50' wide lots, staff finds that the proposal to create two 51' wide lots would not be injurious to the neighborhood. The proposed lot sizes would be compatible to surrounding land use and zoning. 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 recommends approval of the variances with conditions recommended on page two 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 dwelling units are a use permitted by right in the RSF-4 zoning district. June 2,2008 Board of Adjustment K.IReports120081BOAReports106-June 0200A 08-2959(Marks). BOA 08-2959 Marks/1224 Hendrix Agenda Item 2 Page 6 of 14 City of Fayetteville Unified Development Code 161.07 District RSF-4,Residential Single-Family—Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. 1 Permitted uses. 11 Unit 1 1 City-wide uses by right 11 Unit 8 1 Sin le-famil dwellin (2) Conditional uses. Unit 2 City-wide uses by conditional useermit Unit 3 Public protection and utilityfacilities . Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities C Density. Single-family Two-family dwellings I dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellin s dwellings 1hinm'A 80 ft. Lot area minimum 8,000 sq.ft. 12,000 sq.-ft. - Land area per 8,000 sq.ft. 6,000 sq.ft. d-welling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq.ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq.ft. 6,000 sq.ft. dwellin unit (E) Setback requirements. FRONT 1 SIDE REAR 11 25 ft. 1 8 ft. 20 ft. HOD Front I HOD Side HOD Rear 15 ft. 5ft. 15 ft. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. (Code 1991,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4858,4-18-06) June 2,2008 K:IRepor1s120081BOA Reports106-Jure 021BOA 08-2959(Marks).doc Board of Adjustment BOA 08-2959 Marks/1224 Hendrix Agenda Item 2 Page 7 of 14 161.09 District RSF-8,Residential Single-Family-8 Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size,density,and land use as the historical neighborhoods in the downtown area. (B) Uses. 1) Permitteduses. - Unit 1 Cit uses b right Unit 8 Sin lw famil dwellin s (2) nditional 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. By Right Conditional Use Single-family dwelling units per acre 8 or less Two-family dwelling units - per acre 8 - (D) Bulk and area regulations. (I) Lot width minimum. F le-famil 50ft.o-famil .nhouse, no more attached 2 Lot area minimum. Sin fam lyil 5,000 sq.ft. Two-e fa 5,000 sq.ft. 3) Land area per dwelling unit. Single-family 5,000 sq.ft. Two-family 5,000 sq.ft. Townhouse, no more than 2,500 sq.ft.'two attached (E) Setback reu. ements. Front Side - Rear 11 15 ft. 5 ft. 5 ft. (F) Hei hYre lotions. Buildin hei ht maximum 45 ft. (G) Building area. The area occupied by all buildings shall not exceed 50%of the total lot area,except when a detached garage exists or is proposed;then the area occupied by all buildings shall not exceed 60%of the total lot area. (Ord.4783,10-18-05) June 2,2008 Board of Adjustment K:IReports120081BOA Reports106-June 021BOA 08-2959(Morks).doc BOA 08-2959 Marks/1224 Hendrix _ Agenda Item 2 Page 8 of 14 f� t C'MI. Strachral and Land 0<veloDD t Services 12081 Cent.T Int Church Prairie Gee, AR 72753 (479) 846 0295 rnlcheyBw9ic-cam Date: 3/6/2008 TRANSMITTAL To: Chair of the Board of Adjustments for the City of Fayetteville From: Randy Ritchey Subject: Minimum lot width variance request Greetings, Please accept this letter as the written description and explanation of how the four criteria required by ordinance apply to this request. First, this request is being made in conjunction with a lot split request to split an existing 0.50 acre lot on Hendrix street. The lot is currently zoned RSF-4, which allows four single family residences per acre. This zoning requires a minimum of 8,000 square feet of bulk area, 70 feet minimum lot frontage, 8 feet side setbacks, 25 feet front setbacks and 20 feet rear setbacks. The existing lot at 1224 Hendrix street is 103.9 feet wide and 212.54 feet deep, providing 22,081 square feet of area. Splitting this property into two lots by dividing the existing parcel exactly in half will create two lots that are each 51.95 feet wide by 212.54 feet deep. These resulting lots will have 11,041 square feet of area, which exceeds the minimum required by ordinance. Applying the required 8 feet setback to each side of the new lot leaves a buildable width of 35.95 feet on each lot. A house that is 35'x30' could easily be built on these lots, providing 1,050 SF single family living units. This type of unit is perfectly compatible with the existing surrounding structures. The existing structure on the lot is unsuitable for use and is scheduled to be demolished. The owner wishes to accomplish the lot split and construct two single family units each just over 1,000 square feet in size. Each new lot will provide 3 off-street parking spaces for the units. However, we must ask the variance for the minimum lot width requirement. The zoning requires a minimum lot width of 70 feet, while our resulting lots will be 51.95 feet wide. These lots will be 18.05 feet narrower than required by ordinance. Special conditions and circumstances that exist on this property include the shape and size of the property. This existing lot is almost 3 times bigger than allowed by the RSF-4 zoning. This lot size does not promote the desired and compatible density as described by the RSF-4 zoning. The difficulty is that even though it is excessively large for the zoning, the existing width requires the variance for the lot split. The 70' width requirement in this case would prevent the owner from creating two useable lots that meet and exceed all other bulk and area requirements for the zoning. These special conditions do not result from any action of the owner, as there are no current violations on the property. The granting of this variance will not grant to the owner any special privileges since the resulting lots still exceed all other bulk and area requirements and also still provide more than adequate buildable space to construct living units that are compatible with the area. If you have any questions, please call me at 479-846-0295. Thank you and have a blessed day! kzk Randy Ritchey, P.E. "And the rain descended,and the floods came,and the winds blew and beat upon that house;and it fell not: for it was founded on a rock" Matthew 7:25 June 2,2008 Board of Adjustment BOA 08-2959 Marks/1224 Hendrix Agenda Item 2 Page 9 of 14 O N z Cl�ry1 2 N < - z w o < O U < O Y O V J J < m W 3 [ti d X e b1 a v°"i AA O ES W J w "Vaom�uuu..... m z �6jyiuumnmmnoo• € w�wizzo��� Z. za a�mLL X0«30 p) 9 c.Ja o62 "' r 0 0 o�a'ebl� a r6r m,w.,w 4l s!`aov/J�0 00O ;aldba ano 96\ aH d�O 9!S SGS a464: wNmo �J t 1.1� S rb 6 Amb N : dH <zw e a rdb o�p 'V/.y b0 G sa a d syl.oaod) ,bS'ZLZ s/` v Fo /ate�o W m �jb 3 O pi dy OM N �4 )Z.. Of of tZ-*ON t �o N _ o .bS'ZIZ 3„ZS,LZ.bO_-N --- it_ sz/ 3 9, o!r o p� �%dy. O r W B2y o�6H��a a m m r9 6�6 w}r H/aa°+, Nme June 2,2008 o «w Board f Adjustment BOA 08-2959 Marks 1224 Hendrix genda Item 2 Page 10 of 14 �h ?3 S5 +,�:� -.^✓+.: .^s,c' `. of u°ry�' f a & � 3c 5 ,_" � � � «s� tf�iyx�`'. kc �' f+l �.S_�i ','",` �� `�rv"*`<��"'dk' `1A*`• ' {Lw ��t yry; 6 N' F.. 1525 11x'2 1505 Subject Property 1162 11?74 1503 1128 12178 11,12 1108 1280 1224 11,76 1124 1196 1170 1184 HENDRI ST, .. __. 1%1 1287 12+13 1487 ! 1}ri1 1189 € s 1485 9 f 1463 1409 i 1226 12A8 3 1204 p s a 1407 a _ CARVER ST,e. w 12A9 1203 Q 1405 Z Q 1386 - Q tt 1242 1323 TCIO. 'V/FO 1244 ; R,rRo i 1200 13'21 � .`�. 1180 3 s 1 inch equals 100 feet June 2,2008 Board of Adjustment 140 70 0 140 Feet BOA 08-2959 Marks/1224 Hendrix Agenda Item 2 Page 11 of 14 Andrew Garner- Lots lit Pae 1 From: Lynn Fisher<Ifisher@uark.edu> To: <agarner@ci.fayetteville.ar.us>, Joyce Richards<joycerichards@hotmail.com> Date: 5/28/08 9:28AM Subject: Lot split Andrew, we in the Maxwell-Stephens-Hendrix Neighborhood Association have learned that the people leveling the lot at 1224 Hendrix are going before the Board of Variance to request a split. I ask that you be aware of our objections(also shared by Teri Phelan and Joyce Richards). They are as follows: A. There is plenty of opposition against increasing housing density(since it's not a rezoning)throughout the neighborhood, B. the neighborhood has been on record numerous times against this,with many people signing petitions, C. the Board of Variance is an inappropriate avenue for what he wants to do based on 1. the accepted definition of a variance (he's trying to modify something that he does*not*already have), 2. the fact that it limits recourse for the most affected citizens, and - 3. the fact that it limits a thorough public discussion and debate (nothing about the Board of Variance procedure encourages or requires him to meet with the neighborhood). Thank you for your consideration. Regards, Lynn Fisher 1379 Hendrix June 2,2008 Board of Adjustment BOA 08-2959 Marks/1224 Hendrix Agenda Item 2 Page 12 of 14 BOA08-2959 MARKS Close Up View �� MAXWELL DR '} ELL DR uli em IF p Q ©Ea Z t x pnsFa � o ,, � �� � � �a'•�° c� �' S ! ;• ���' i��:,� .,,,z..exl w '"t~_.:.,�4ru?.«Fc ,,' ��Tf �" �—•�1 Q NtCRORY 5T nnxweLLOR SUBJECT PROPERTY _ 5 d VOL'P Ian x ��;� ((--�� f1ENDRlx r NENDRIx Si P " i $' Lia z Ky, zi RSFd N t 4,�`n fi e +'s✓4 DM a .—' z ' vn `� `v '�� �`Ev''9uvst�D � FY '^'''�' •+�, � �n��� n�� ��p`r'"fi�r.Tt�� J� /�� �� ' S � �a`R,�`^ �>•.��:e'"i�S"�' �KreG � �•.S`-', .�" »f'y�5 - fv `` F"a 'r"""MJa� i, r + � � ' Overview June 2,2008 Board of Adjustment =aa... 0 75 150 300 450600- BOA 08-2959 Marks/1224 Hendrix WMM�RFeet Agenda Item 2 Page 13 of 14 BOA08-2959 MARKS One Mile View ryfr tjoWrns- ;� PRttJcE PRmcE .� ,:s� r t 9Rn RA p� � L Sl ��` S7RNNGE � CASSATf ST .. 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T y AWT{IORN ST LIE RN Si - ��' 'R$F4,I5 o L .4s.�-rL TS ivy CLE8U2y Sj -0 RSFi RSF'q RSF-0 ,u G- <f -rv., fVEWu¢P y RSFd A RSFj" c0 111, > PR ECY ST >SF RSFS - vdR -Ekj'6 R -0 a OSA GEeENQ �r P1. t�TES`91 Dry2, �-'t ISE SS LOl11SE ST <, QAROWELL tiJ t RSA-040OIS $TRS4 RSF+ LOREPf[iR � - �RSFd Qr�4��b -' SC MAPLEST f ` m-0APLF PNAPI�.�`�MAttLESi ¢ � P � 2' � i- 6 s`- 2 }J IR DPZD a Overview Legend Boundary 1 Subject Property i%,planning Area BOA08-2959 j Overlay District .j Outside city Legend ME Hillside-Hilltop O erlay District June 2,200 0 0.25 0.5 1 Board of Adjustme t _ BOA 08-2959 Marks/1224 Hendri M11 es Agenda Item Pa a14 oft 7yej BOA Meeting of June 2, 2008 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: May 15, 2008 BOA 08-3001 (TEAFF//FOREST AVE., 445): Submitted by MATT CHAMPAGNE for property located at 508 FOREST AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.14 acres. The request is for reduced front and rear setbacks to bring an existing non-conforming structure into compliance and for new additions to the structure. Planner: Andrew Garner BACKGROUND: Property description: The subject property contains approximately 0.14 acres (66 feet by 90 feet, 5,994 SF) and is located at 508 North Forest Avenue, a part of Lot 9, Oak Grove Addition, commonly known as the Wilson Park Neighborhood. It is zoned RSF-4, Residential Single Family-4 Units per Acre and currently has a 2,200 square-foot (SF) single family house on the lot. This and the surrounding properties consist of a variety of lot sizes platted many years ago. The house was built in 1926 according to Washington County parcel records, prior to the City's zoning regulations. Subsequent adoption of the City's zoning regulations in the 1970's required a 25' front building setback and a 20' rear building setback in this zoning district. As a result, the home is now nonconforming with building setbacks and lot area. The surrounding properties are all single family homes in the RSF-4 zoning district. Proposal: The applicant proposes three small additions to the existing home that would expand the footprint of the home by 400 SF. The proposal would expand the footprint to the north and south, and would enclose a small area of the existing deck on the rear of the house (east). These additions would not extend into the setbacks any further than the existing house. Request: The request is for front and rear setback variances to bring the existing house into compliance and for the proposed additions as shown on the attached site plan. A variance is also required for lot area as the lot is 5,994 SF and the RSF-4 zoning district requires 8,000 SF. The exact variances are listed in Table 1. June 2,2008 Board of Adjustment BOA 08-3001 Teaff.508 Forest Agenda Item 3 Page 1 of 10 Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request Front Setback 25' 13' 12' variance) Rear Setback 20' 14' (6' variance) Lot Area 8,000 SF 5,994 SF (2,006 SF variance) SURROUNDING LAND USE AND ZONING: Direction from Site I Land Use Zoning North, South,East, West I Single family detached dwellings RSF-4 GENERAL PLAN DESIGNATION: City Neighborhood Area RECOMMENDATION: Staff recommends approval of the requested front and rear setback and lot area variances to bring the existing house and lot into compliance and to allow for the proposed additions to the existing structure as shown on the attached site plan with the following condition(s): 1. The requested variances shall apply to the existing structure and additions as shown on the attached site plan. 2. A building permit shall be obtained prior to commencement of any construction. 3. All existing structures, easements and utilities shall be located on the site plan submitted for building permit consideration. �n Additional Conditions/Comments: June 2,2008 K.IRe orts120081BOA Re orts106-June 021BOA 08-3001 ea doc Board of Adjustment P P (T .�� BOA 08-3001 Teaff.508 Forest Agenda Item 3 Page 2 of 10 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 that are peculiar to the existing building and the lot. The lot was platted and the existing home was built prior to adoption of the City's current zoning regulations. The existing home and lot size were made nonconforming as a direct result of the City's adoption of the zoning regulations in the 19701s. 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 deprive the applicant of the right to renovate or construct an addition to the existing home, a right that is enjoyed by other properties in the same district. This lot is approximately 2,000 SF smaller than a typical RSF-4 lot with a much smaller building footprint. The variances are needed in order to construct a reasonable addition to the home. The existing home could be retained on the property in its existing footprint, but without a variance the improvements to said structure would be limited by Chapter 164.12. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special conditions and circumstances do not result from the actions of the applicant, but rather as a result of zoning regulations that were adopted by the City approximately 50 years after the lot was platted and the house built. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, June 2,2008 K:IReports120081BOA Reports106-June 021BOA 08-3001(Teajn.docBoard of Adjustment BOA 08-3001 Teaff.508 Forest Agenda Item 3 Page 3 o 10 Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the requested front and rear setback and lot area variances will not confer special privileges on the applicant. The applicant is requesting approval for improvements and additions to an existing nonconforming structure that was built prior to adoption of zoning regulations. The additions are reasonable given their small scale and given that they do not protrude into the building setbacks any further than the existing house. The zoning for the property allows single family use, and has been utilized for this purpose for many years in the surrounding area and on lots with similar size. The applicant will not be granted any special privileges denied to other lands in the same district. 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: Several lots in the immediate vicinity of the proposed property do not meet the required building setbacks or lot area requirements due to the development of this area prior to current zoning regulations. However, neither these existing nonconformities, nor other nonconformities were considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,June 2,2008. 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 rear setback and lot area variances are the minimum variances required to bring the existing house into June 2,2008 Board of Adjustment K:IReports120081BOA Repor1s106-June 0200A 08-3001(Tea _ BOA 08-3001 Teaff.508 Forest Agenda Item 3 Page.4 of 10 compliance with the ordinance and to allow for the proposed additions. 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 requested 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 location of this structure and the proposed additions are similar in nature to other structures in the area that were built prior to current regulations, and as a result will not result in a change in the character of the neighborhood. Further, the proposed improvements would not protrude any further than the existing home into the building setbacks. 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 proposed use is for a single family residence which is a use permitted by right in the RSF-4 zoning district. June 2,2008 KlRepor&200800A Reporlsft-June 0200A 08-3001(Tea .doc Board of Adjustment .� BOA 08-3001 Teaff.508 Forest Agenda Item 3 Page 5 of 10 161.07 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. Permitted uses. Unit 1 I City-wide uses by right 11 Unit 8 1 Sin le-famil dwellin 2 Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family dwellings dwell!n s Units per acre 4 or less 7 or less (D) Bulk and area re dations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. L'o'tf"rga r lt. 8"DO*- 'ayf'V 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 Ldwellin verlay 8,000 sq.ft. 12,000 sq.-ft. t area per 8,000 sq.ft. 6,000 sq.ft. nit (E) Setback requirements. FRONT SIDE REAR 20. (� HOD Front I HOD Side I HOD Rear - 15 ft. 5 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) - June 2,2008 K:IReports12008180A Reports106-June 021BOA 08-3001(TeaBoard of Adjustment ,)�.doc BOA 08-3001 Teaff.508 Forest Agenda Item 3 Page 6 of 10 VARIANCE REQUEST FOR 508 FOREST AVE. To whom it may concern: The house at this location has a footprint of approximately 1500 sq. ft., with total interior square footage of approximately 2200 sq. ft. The proposed additions will increase the footprint by approximately 400 sq. ft. While these additions do not meet required setbacks they also do not go beyond the amounts which the existing building already exceeds these setbacks --that is, the proposed additions stay within the existing boundaries of the house beyond the required setbacks. A variance for the above property is thus requested seeing that a. special conditions exist in that the size of the lot would preclude the development of any reasonably sized home on the site if the required setbacks had been originally adhered to b. literal interpretation of the ordinance would deprive the owners of a reasonable development of their property c. these special circumstances are inherent in the property and its historical development and do not arise from the actions of the owners/applicant and d. granting the variance would not confer any special privilege on the owners but would rather enable them to excercise an ordinary right enjoyed by other properties in the same district. June 2,2008 Board of Adjustment BOA 08-3001 Teaff.508 Forest Agenda Item 3 Page 7 of 10 Dw cnz r�mx.—� �5 W. 61K5 /p OV(GIMME PDD. avc C.FOYE ADA x g A s89. 4.41'W 6sm' 66.90' N P.O.& 8'SETBACK 1 o I Q I 4 r___—____1,m q rn 20` f I I y Im I LU L NEW ADDITION, N EW `J■ ADDDIDNI I V r%" LU.. 4 s I$ I W J > EXIST. I DECK W t 14W 13� � I EXIST. W�— �Z PORCH I I w L¢L I PD NEW �J � j ADDITION 1 3 1 � j OI NI I O CL mz EXIST.DRIVE L-- J IW H 8'SETTBACK' � 1 - OAK s a a ia�r H Lu I Dol PDD. _ �al N89.2T26'E 1 u PT.LOT 9,BLOCK 5 w do� QD BATES SUBDIVISIONQ OAK GROVEOVEADDITION ON E-0$ 0.14+/-ACRES. 5,994+1-SO.FF. - ZONED RSF-4 9 � sw caa $ 55�_ SITE PLAN D4 PDD. r=zo'-e° 08 de Noble Architecture P.A. June2,20st Board of Adjustment BOA 08-3001 Teaff.nda Forest Agenda Item 3 509 Forest Ave,Fayetteville,Arkansas 72701 479.530.2169 info@denoblearchifedure.com 03.07.08 j""ff 10 BOA08-3001 T EA F F Close Up View `.+ J29FA'� a� DAVIDSON ST •, 3 i.£ 1S� DAVIDSON ST onvmson sr %R', v vvvt \,. � t 4v , v� v3,vt i v tt � J i n, tl St \yt iA v A V 1A � 'X ., r R\. M v e �.! v '.� � \, ati at vvtvwtttq�vAv� Ali�C vvKv �. v.v �,I '• �.� :Evwv A v v 1� vA - � �> v s fit. � a R SUBJECT PROPERTY r v I \♦ VA\x V'\ti,tol \�. A av,. t t \V t, t iiM v s �k� r\� I ..��tt�t\ \ nx� t I42>• v� 4 �vl i t^Y \ Xri� tt axt; li k w 'o?s e \ htt I v vt \ a i t 1G u ', S vv y yY Il & at �S`tA t I vVV e t ti tAt to fi3 1' rt t t v iv iY i A V\�vi lV `� A I V '4: IA i\ q VAS I v Avv - 1,7x.�.vu MAPtE ST',` F `' I�APIE ST 1 NQ i'✓ � MAPLE ST I � rk vl�v Sp o ai t r, p aF i� v` ns�Ivv p s �.C,2 ftjx rtfi�ax Overview ® 0 37.5 75 150 225 300 Feet June 2,20 8 Board of Ad'ustm nt t3UAUd-3uui luall.ouo ruiUbL Agenda Item 3 Page 9 of 10 BOA08-3001 TEAF F One Mile View � S�ZbTrt'y,51` 1 ° utart t I i u £ n tRy� Rsk SUBJECT PROPERTY A S kn ��' uhf ul i4 � +h tistia�;,,���, � _ r—�"� .�t. ( i y_ S`d'�ia�9 I�`r.'CI�NFPFliYWF�•(t .��,Q Ns�- ekhtstrq _ y. M if i 9 ) L A � `�. Overview Legend Boundary - Subject Property %,r Planning Area �BOA08-3001 °n..,,,Overlay District ❑ Outside City Legend Hillside-Hilltop O erlay District 0 0,25 0.5 1 June 2,20 8 M@S BOA 08-30Board of Adjustm t 01 Teaff.508 For t Agenda Ite 3 Page 10 of 10 7aye I BOA Meeting of June 2, 2008 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: May 28,2008 BOA 08-3002 (NORMAN/1240 N. LEWIS, 404): Submitted by MELANIE NORMAN for property located at 1240 N. LEWIS AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.20 acres. The request is for a variance from lot width requirements to split the property into two parcels. Planner: JESSE FULCHER BACKGROUND: Property Description: The subject property is a 1.20-acre parcel located at 1240 N.Lewis Avenue and is zoned RSF-4. Properties in this area are within platted subdivisions with the exception of the subject property and the adjacent parcel to the north. Surrounding land use and zoning is depicted in Table 1. TABLE 1: SURROUNDING LAND USE AND ZONING: Direction I Land Use I Zoning North, South, East, West I Single-family residential I RSF-4 Proposal: As shown in Table 2, the applicant is requesting variances from the lot width requirements in the RSF-4 zoning district to allow for the creation of two approximately 65' wide lots,which if approved will require a lot split. Table 2 Variance Request Variance Issue Ordinance Applicant's Request Requirement Lot A- Lot Width 70' 65' (a 5' variance) Lot B - Lot Width 70' 65' a 5' variance CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area June 2,2008 KIRe orts120081BOA Re orisl06-June 021BOA 08-3002 Board of Adjustment p p (Norman_LewisAve).doc BOA 08-3002 Norman.1240 N.Lewis Agenda Item 4 Page 1 of 14 RECOMMENDATION: Staff recommends approval of the two 5' lot width variances subject to the following conditions of approval: 1. Lot split approval to create the subject lots is required by the Planning Commission prior to issuance of a building permit. 2. The existing driveway shall serve as a shared drive for the existing single- family dwelling and any future development on the property. No additional curb-cuts shall be permitted. 3. With the exception of the requested variances, development on the subject property shall comply with all City of Fayetteville development regulations. Additional Comments: k1731Tfi T51�1� CI? � proverlmm s YAft� cr D& k Otto � seeb � 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 which are peculiar to the subject property, which are not applicable to other lands in the same district. The 1.20 acre outlot has been maintained as a large underdeveloped lot within an area of the City that has been almost completely developed. Although the property has enough land area to allow for the construction of four dwelling units, the size and dimensions of the property prohibit the practicability of constructing a street and subdividing the property in compliance with City ordinances. 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. June 2,2008 K.IRe orisL?0081ROA Re ortsl06-June 02WOA 08-3002 orman_Lewis Ave.doc Board of Adjustment P P (N ) BOA 08-3002 Norman.1240 N.Lewis Agenda Item 4 Page 2 of 14