HomeMy WebLinkAbout2009-01-05 - Agendas 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.
2009 Board of Adjustment Members
Robert Kohler (Chairman)
Sheree Alt
William Chesser
James Zant
Robert Nickle
Mark Waller
Steven Bandy
ii1e a e evTENTATIVE
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,JANUARY 5, 2009 at 3:45 p.m.
Room 326, City Administration Building
The following items will be considered:
1. Approval of the minutes from the November 3, 2008 meeting.
New Business:
2. BOA 09-3184 (D. HILL/W. SYCAMORE,367): Submitted by DAVID M. HILL for property
located at 208 W. SYCAMORE STREET. The property is zoned RSF-4, SINGLE FAMILY -4
UNITS/ACRE and contains approximately 0.27 acres. The request is for a variance from the east and
south building setbacks. Planner: Andrew Garner
3. BOA 09-3186(CULLS II/WILLOUGHBY ROAD, 717): Submitted by CLAY GROTE HGM
CONSULTANTS, INC. for property located at 585 W. WILLOUGHBY ROAD. The property is
zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 2.69 acres. The
request is for a reduced front setback. Planner: Jesse Fulcher
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
are open and available for inspection in the office of City Planning(479-575-8267), 125 West Mountain Street,Fayetteville,Arkansas.
All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public
hearings;72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330.
MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on November 03, 2008 at 3:45
p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
BOA 08-3140 (LAKEWOOD/TIM COOPER, 137) Tabled(pg. 2)
MEMBERS PRESENT MEMBERS ABSENT
Robert Kohler
Sherrie Alt
James Zant
William Chesser
Bob Nickle
Mark Waller
Steven Bandy
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
David Whitaker
Board of Adjustment Chair Bob Kohler called the meeting to order.
Approval of the October 06, 2008 Board of Adjustment meeting minutes.
Motion:
Board Member Waller made a motion to approve the minutes from the October 06,
2008 BOA Meeting. Board Member Chesser seconded the motion. Upon roll call, the
motion passed with a vote of 6-0-0.
New Business:
BOA 08-3140 (LAKEWOOD/TIM COOPER, 137): Submitted by LAKEWOOD
HOMES LLC for property located at 2620 E. RANDAL PLACE, LOT 83 IN THE
REPLAT OF THE LAKEWOOD SUBDIVISION. The property is zoned R-PZD,
RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 0.10
acres. The request is for reduced setbacks for a new residence.
1
Jesse Fulcher, Current Planner, stated that the applicant was present and would likely
request to table the item.
Tim Cooper, applicant, stated that he wanted to table the item to look at other
alternatives, which will take additional time. Still feels that there is a hardship, even
though the development is a PZD.
No public comment was presented.
Motion:
Board Member Chesser made a motion to table indefinitely the requested variances.
Board Member Zant seconded the motion. Upon roll call the motion was approved
with a vote of 6-0-0.
All business being concluded, the meeting adjourned at 3:50 PM.
2
-
7aye BOA Meeting of January 5,2009
ri.T
125 W. Mountain St.
AtJSAS
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: December 30, 2008
BOA 09-3184 (D. HILL /W. SYCAMORE, 367): Submitted by DAVID M. HILL for property
located at 208 W. SYCAMORE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.27 acres. The request is for a variance from the east
and south building setbacks. Planner:Andrew Gamer
BACKGROUND:
Property Description: The subject property is located at 208 West Sycamore Street at the northwest
corner of Sycamore Street and Woolsey Avenue. The property is zoned Residential Single Family
Four Units Per Acre (RSF-4) and is within the Hillside Hilltop Overlay District (HHOD). The
property is entirely surrounded by single family residences zoned RSF-4,with the exception of the
City-owned park property(Gregory Park)to the southeast that is undeveloped woodlands and zoned
P-1, Institutional. The one-story house on the property was constructed in 1960 according to
Washington County records.The house is an existing nonconforming structure as it does not comply
with the current front building setbacks off of the two adjacent streets. The house has been recently
modified as discussed subsequently in this report.
Building Permit Process:In July 2008 the applicant applied and was issued a building permit by the
City Building Safety Division for "re-roof and repair/replace decking/framing"and to "cover over
skylights"(see attached permit).The permit application did not indicate an expansion of the house or
roofline,only repair of the existing structure,and was therefore permitted without a site plan and was
not subject to review by the Planning Division.
During October 2008 the Building Safety Division received a call from a citizen inquiring about the
construction at 208 West Sycamore. Upon investigation, it was determined that trusses and a new
roof had been installed over the existing house, deck,patio, and portions of the yard. The Building
Safety Division issued a stop-work order on the property due to the fact that the structure was not
being constructed pursuant to the approved permit. The applicant met with several divisions in the
City discussing the project.For informational purposes a memo from the Building Safety Division to
the Board of Adjustment and an email from the Planning Division to the applicant have been
included with this report (pages 18-21).
K.IReportA2009WOA Reports101-05-0900A 08-3184(David Hil!).doo 12/31/2008
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 1 of 30
As indicated on the site plan submitted with the variance application, a new roof and trusses have
been expanded outside of the existing building footprint,encroaching into the front building setbacks
off of Sycamore Street and Woolsey Avenue. Photos of the new structure and an aerial photo
showing the building footprint prior to the recent expansion have been included with this report
(pages 22-26).
Proposal: The applicant requests variances from the front setback requirements of 15 feet for the
purpose of bringing the new nonconforming structure into compliance and to continue work on the
structure. The east side of the structure encroaches entirely into the front setback all the way to the
existing right-of-way line and five feet within the Woolsey Avenue Master Street Plan right-of-way.
The south side of the structure encroaches entirely into the front setback,but does not encroach into
the Sycamore Street Master Street Plan right-of-way. Sycamore Street is a Collector Street,with 70
feet Master Street Plan right-of-way and Woolsey Avenue is a Local Street, with 50 feet Master
Street Plan right-of-way. It should be noted that encroachment into the Master Street Plan right-of-
way may only be granted by the Fayetteville City Council and is not under the authority of the
Fayetteville Board ofAdjustment. Should the BOA approve the variance for Woolsey Avenue, the
City Council will also have to consider this request, The Board of Adjustment variance requests are
shown in Table 1.
Table 1
Variance Request
Proposed Variance
Variance Issue Ordinance Requirement Setback Request
Front Setback Sycamore St. (south) 15' (HHOD) 0' 15'
Front Setback Woolsey Ave. (east)* 15' OD 0' 15'
HHOD—Hillside Hilltop Overlay District
*The structure also encroaches into the Woolsey Avenue Master Street Plan right-of-way, a request that is under the
authority of City Council. '..
Request: The request is for front setbacks of zero feet off of both Sycamore Street and Woolsey
Avenue (15-foot variances),to accommodate the structure recently constructed on the lot.
FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area
RECOMMENDATION:
Staff recommends denial of the requested front setback variances based on the findings herein
and that the nonconforming structure shall be demolished/removed from the south and east
front building setbacks within 90 days of the Board of Adjustment decision.
Staff would recommend in favor of variances to bring the original footprint of the existing
house into compliance,however,the building setbacks for the original footprint have not be
proposed or provided for review at this time.
K.Weports1200900A Reports101-05-0900A 08-3184(DavidHill).doc 12/31/2008
Board of Adjustment
BOA 09-3184
Agenda Item#1 _
Page 2 of 30
Additional Conditions/Comments:
The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the
entity requesting approval of this variance.
Name: Date:
m
SECTION 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: Special conditions do not exist for this property related to the new proposed
building setbacks.The existing house on the property does not comply with the
current building setbacks. This is not uncommon in older neighborhoods and
Fayetteville UDC Chapter 164.12 permits repairs,renovations,and even some
additions to such structures provided the work complies with City codes. The
approved building permit signed by the applicant specifies "re-roof and
repair/replace decking/framing"and to "cover over skylights"and is attached to
this report. However, the applicant did not construct the improvements as
permitted and substantially expanded the roofline with supporting trusses
almost 20 feet from the existing structure in some directions.
Staff does not support building new structures in building setbacks and
violating a signed building permit as occurred with this project.This situation is
an egregious violation of building setback requirements and the building permit
process and would be injurious to the neighborhood and strectscape to leave the
structure in its current location. The east and south sides of the subject
structure are obviously closer to the street than adjacent houses. Staff
recommends removing the portions of the structure that encroach into the
K.IReports120091BOA Reportsl01-05-091BOA 08-3184(DaWd Hill).doc 12/31/2008
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 3 of 30
building setbacks off of Sycamore Street and Woolsey Avenue.This would bring
the structure into compliance with the approved building permit and the
requirements for all other existing nonconforming structures.The construction
of a new roof over the existing owner-occupied house is permitted as long as the
structure is not expanded further into the building setbacks than the existing
home.
2. Deprivation of Rights. That literal interpretation of the provisions ofthe 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 that are commonly enjoyed by other properties in the same district. The
applicant has a right to repair the single family dwelling on the property in
conformance with City ordinance as other properties have done in the same
zoning district and neighborhood.As mentioned in Finding No. 1,the applicant,
may repair the roof over the existing nonconforming structure as long as the
roof is not expanded further into the required building setbacks. The rightto
continue to use the property for a single family residence as commonly enjoyed,
by other properties in the district is not deprived by enforcing the required
front building setbacks.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: The special circumstances requiring the requested variances are a result of the
applicant violating a building permit and expanding the structure into the
required building setbacks.
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 variances would confer special privileges
on the applicant as other structures in the RSF-4 zoning district and this
immediate neighborhood are required to conform to building setbacks and
approved building permits.
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
K.IReporu120091BOA Reports101-05-091BOA 08-3184(David Hi![).doc 12/31/2008
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 4 of 30
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 January 5,2009.
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 seasonable use of.the land, building, or structure.
Finding: '" As discussed in the Findings included in this report,the reasons set forth in the
application do not justify granting the variance as proposed. Staff recommends
denial of the variances and demolition/removal of the portions of the:new
structure that were extended further into the building setbacks than the existing
house.
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 as requested will not be in harmony with the general
purpose and intent of zoning regulations. Staff finds that leaving this structure
in its current location in the front setbacks would result in an adverse change in
the Sycamore Street and Woolsey Avenue streetscape,due to the structure being
located noticeably closer to the street than surrounding structures.
C. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations.
Finding: Staff has recommended denial of the requested front setback variances.
K.IReports1200900A Repor1s101-05-091BOA 08-3184(DaWd Hill).doc 12/31/2008
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 5 of 30
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 terns of the zoning regulations in said district.
Finding: The use is permitted in the zoning district.
K-Teports120091BOA Reportr101-05-091BOA 08-3184(Dowd Hill).doc 12/31/2008
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 6 of 30
this and let me kn PaEe 13
From: <DavdZX11@ooiouno>
To: agarner@ci.fayeffeville.ar.us
14f: OF p�b-XISTM-fNT-
Date: 12/3/084:42PM
Subject: try this and let meknow, | copyied and pasted inthe body.
'
Dear Chairman and Board ofAdjustment members,
| David Hill onbehalf ofmyself and family wish tnhave avariance granted |
onnoypatio roof. |was told that itwas inthe setbacks, but have yet to �
have any 2people from the planning orpermit division say the same number of
feet that isthe setback. | have heard (in feet) 0' 5' 7.5. 1U, 15' 2O. 25and
38.3' | still donot know who has the final say ofwhat nnysetback is.
The reason for even requesting avariance iothat | went through every step
that the city told metoand was unaware ofany setbacks. |went tvthe
permit department and told them that| was going tobuild onew roof over my |
existing roof, taking out the flat roof and skylight and making 1 long gable roof �
that extends over my deoNpetio. | explained that| have never had toget o `
permit and did not know how todoit. Mahndeatpermits helped noefill itout |
and |was told that aalong eu | did not increase the square footage of . .
living space that | did not need any blueprints orplans and was issued the �
permit for nno roof alter. For 3months | worked onmyhouse fighting wind and |
rain and hurricanes. on1U/27K]8 | had ephone call from yNorindaat the permit � |
office, she said that there were nocomplaints but the inspector Steve
Johnson was concerned that| might b getting close bothe setbacks ofthe !
property. She said that iilooked bigger than what they had thought and asked if| ' �
could bring them odrawing with dimensions, | said okand have someone working
'
onthat. | asked who | needed totalk tothat could tell methe setbacks and .
she transferred nletoKarl Lotthe city planning office. Karl looked utthe �
satellite picture and said that| looked oktnhim, but hedid not have the
specific boundaries, hesent metothe county assessor and | explained itbu � |
them and they sent metothe circuit clerk toget acopy ofmyplat with the
specific boundaries |went tothe clerk and she pulled upthe plat and made
|
copies for me. I asked her where the boundaries and setbacks were and she said
that myproperty start 20feet from the center ofSycamore and center of �
VVoo|noy and that there were not setbacks and that isnormal inolder parts of
town. She also looked upany covenants and there were none. She said that| om `
allowed to build uptonnyproperty line. | spoke toretired Judge Charles �
Williams and explained everything tohim and hesaid that| omclear all the way �
to my property
Atthis point |was nearly complete and shingles were ordered and everyone '
inthe neighborhood was excited and commenting onhow itwas going tumake the �
property values better and really liked the design. |was finishing upand �
getting the roof dried inwhen on11/8/O8inspector David Truax stopped byand �
said that they had some complaints from neighbors that| might beinthe
setbacks. | asked who it was and hesaid hecould not tell me, but that is
public information. | explained and showed everything tohim and hesaid that it |
looked good, hesaid bogodown and talk toAmy atcity planning oothat she !�
could have something to tell people that called in. | asked David before he
left how the roof looked and ifthere were any problems, hesaid that itlooked
sound and sturdy and hosaw noproblems. (}n11/12/88ot4:15 |went tothe
planning commission and talked to Amy. I explained everything to her and she
said that the court house should not have told methat there were nosetbacks.
| asked her what were the setbacks were and she said 15feet then she said
D8feet which myhouse ioinand she said that iathe case sometimes inthe �
12/31/2008
Board of Adjustment �
BOA 09-3184
Agenda Item#1
Page 7m30
�
Andrew Game asted in the bod
�
older sections oftown. | explained what | was doing and she noidthat it
sounded fine but she would have bocome take some pictures and review itand an
long ooitiaaroof alter and not ohome addition that| should befine but we
might have toget ovariance since itio inthe setback and itisanolder
home. | asked her who had complained and she said that she had not had any
calls, this is contrary to what David Truax told me and I quote"Amy at the city
planning sent nnoout because she had numerous neighbor nonnp|ainta'.Amy said
that was not true and that the only one that has said anything isinspector
Truax and just that hethought| may beinthe setbacks.Amy said that she �
would try tnget out this week and take some pictures. �
On Thursday November 13, 1 received a certified letter from Steve Cattaneo,
stating that I was building without a permit and that I was going to be fined
$25Daday and have our water shut off,when | called his office hehad
already left and the woman | spoke tosaid that| had done more than myestimated
cost, | said that iuwhat anestimate isand | left omessage for Steve to
call me. OnFriday the 14th | called Amy otplanning tofind out why | `
received such threatening letter when she said everything was fine, she did not know '
and transferred metoSteve. | explained the situation toSteve and hesaid '
that David Truax told him that hesevered mowith astop work order onFriday
the 7th' inwhich that was another lie that this city official made, since | �
have not spoken orheard from him since Thursday the 6th inwhich hesaid
everything was fine when heleft. | told Steve that| donot want inspector
Truax tuset foot onmyproperty and ifheislying topeople on �/ubsites and
�
. bohis superiors then hushould not beinthe position that hoiminand | �
'
want tumake aformal complaint. Hesaid that hewould look into iLand that |
inspector Truax would not be allowed to come to my job site anymore. I told him |
'
that itwas wrong for aperson inhis position tojust send othreatening |
� ..
letter tuotaxpayer and alifelong citizen ofFayetteville before hehad spoken |
tnnoehimself. Around PyN | received acall from Steve and hesaid that ha
'
had been tu nnyhouse tolook for himself and that itwas quite impressive and `
hesaw nothing wrong, but
�
.
site plan. | dunot know what hewas talking about and hesaid touse the plat |
that the clerk had gave nneand draw noyhouse dimensions onitand they would
|
.
look a1it. | discussed the issue with several contractors attorneys and '
retired Fayetteville Judge and everyone nfthem told methat asite plan iuonly �
required ifyou make new foundation and add square footage toanexciting '
home 0rbuilding nnew home. They also said that| should not have toresubmit
anything since | have done exactly what was asked ufnneand was issued o
permit toalter myroof and have done just that and nothing more but the city just
wants topush citizens around and try tnget more money out ofthem. | have
had several artist that wish to install stain glass around the opening since .
this ioawonderful work and can beenjoyed byoU.
On November 17th ' mywife and | had omeeting with Dan Coody mayor of
Fayetteville,
| explained all ofthe run around that| have been going through with the
city and hasaid that hewas aware ofthe problems inthat division. Hoagreed �
that the site looked fine and that| should beable tocontinue. Heleft o !�
message on Steve Cadenotelling him b) let uofinish and leave unalone. Gary
Dumas came inand the Mayor told him the same thing and told uetnguand
�
explain everything to him. Right away you could tell he was mad that we were
complaining about his departments problems. | asked him bosign the letter or
give me something inwriting oo | could continue and harefused saying that he �
would not allow me, numatter what the Mayor had said. | called the mayor �
back and left a message about this and otthat point Gary stated that vmewere
11o1/2008 `
Board of Adjustment |.
BOA »* ` |
Agenda Item#1
Page omyo !
!
�
�
i
dealing with the mayor and could do what we wanted. I again asked him to sign
that itwas nktn work and again herefused, hestood upfor uotoleave and
wedid. | called the Mayor back and hesaid hewas dealing with Gary and would
let unknow. Late that afternoon, Gary called and said that hewould have
someone meet with meon Tuesday. OnTuesday the 1DthGary and another inspector
Vel met with meand instead ofaddressing the setback situation, they
started talking about how| needed tudraw updetail plans ofnn wall attachments
and have toget e certified engineer tookthe beams. | said that|was told
none of that from the permit office and they said that the permit girls donot �.
know what ioneeded. | also asked why ithas been 3months before someone �
has said anything and |was told that |just slipped through the cracks and ii
just happens. | asked why | was sent tothe courthouse b)find out noyplat
boundaries and setbacks and was told there were none and they said that they
did not know and should not have told methat there were none even though that
iowho the planning dept told nnetogoto. They told onatoQosee Amy and get
avariance request started. '
Thursday November 2Oth |went tosee Amy and she gave mothe paperwork and
tnnletugotothe oucoaoonooffice toget neighbors names and tomeet back
Friday at4:0U. '
i
Su that puts uotothis point ofrequesting ovariance for aunknown setback
one completed roof that covers mydeck/patio that not only makes the house
more appealing tueveryone but has also encompnnnedthe views ofthe majority
. ' of Fayetteville citizens bydesigning the roof h»offset one tree and Qo
around another oothat they were not cut down. 8yadding this feature itmakes
my patio cover very unique and when itiafinished out with stain glass and i
cedar wrap. | petition this board toplease grant our family this variance on
�
the facts that| was unaware and misinformed after doing everything that|was
told bythe city departments and completed construction under the permit
that| was issued doing exactly what| said that | was going todo. i
` |
` On Friday the 21 st I meet with Andrew Garner in planning and he is actually
the first person hoshow meofficially what the setbacks are, and that mine |
ia15feet from the right away which nnyexisting house and deck have been in |
for over 10years. Hetntold motorequest avariance uf15feet.
�
On Tuesday December 2nd | met with Andrew again to file for the variance and
he showed me that there was an additional 5 feet of master street plan that
wuwere unaware of. �
�
Go | enorequesting o0^hootbuilding setback off ofWoolsey Ave. and
Sycamore (o15'fodvariance off ufboth streets)toaccommodate the new roof line
that has been extended over my house and deck.
!'
|naddition, | onl requesting uvariance from the City Council hovary the
master street plan right ofway unWoolsey Ave. from 25'f*atfrom centerline to
2Ofeet from centerline.
�
12o1/u0o8
Board of �
` BOA 09-3184 �
Agenda Item#1
Page 9myo
,
Andrew Garner-t this and let me know I co ied and asted in the bod . Pa e4
Thank you for your time and consideration on the matter.
David Hill
David Hill and family
*************`Make your life easier with all your friends, email, and
favorite sites in one place. Try it now.
(http://www.ao 1.com/?optin=new-d p&icid=ao icom4Ova n ity&n cid=em lcntao icom00000010)
12/31/2008
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 10 of 30
s
W
W
J U)
► J o
0
�bst3 EN S%Ytow
bo
'A rood ov2 r d2�k
to
25'
J sP RWM+
1
1 1
► J. 1t'�n
I7 ;p ZAP P
it
12/31/20
3
i
i
}
35'MSPRtriV 3
i
s I`
d
whr 1144- 208 Sycamore Street Board of Adjustment
08
onaS+lr S+t4C+ Pah BOA 09--y311844
�:tuh- *r-wa 1 inch v __f�bt
y 30 15 0 age 11 0 30 Feet
gig : se+back
S yVa�;ar+ '}' '
anaar �
i
z
1
1
d
JV
i,
�r 12/31/2008
Board bf Adjustment .
_- BOA 09-3184
Agenda Item#1
- Page 12 of 30
Ape 1:comf Draw,'
SLA6tn.-414 v/02,
aY
'01 var"C"Ace
lz
j
1211/2008
/2008
06ard of justment
XA 09-3184
enda Item#1
Page 13 of 30
71
PETITION OF PROPERTY ENHANCMENT
208 W SYCAMORE
FAYETTEVILLE AR.
By signing below I feel that the work that has been done at this residence not only looks
very good but will improve and enhance the neighborhood and increase the property
values. Mr Hill done a great job in preserving the trees and making the house
interesting and clean looking. I have no problem in the way that this project has
progressed and glad t6 see it done.
Name Address Phone Number
J _ ^
1 J , ?4A VV > dti p -21 q /
Q-A"
��� w 4 F
I o,ti 0 33 v - 13TH del t a93 E
-2 7.3d
NOS—
L 713 r -a
ILJ(I<:3 V170Li sAy7-) 21
� egig - Z
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 14 of 30
PETITION OF PROPERTY ENHANCMENT
208 W SYCAMORE
FAYETTEVILLE AR.
By signing below I feel that the work that has been done at this residence not only looks
very good but will improve and enhance the neighborhood and increase the property
values. Mr Hill has done a great job in preserving the trees and making the house
interesting and clean looking. I have no problem in the way that this project has
progressed and glad to see it done.
Name Address Phone Number
W01
t VN� i 1D\
F r e, 90 E A- �(v k/6 W q
A P 'r
(!J-,K7)
C,
rok,/� )�p- LIX 17!�� 313—11/53-5
V
M 7—"PC 24oll Pbe, bd q1cl - 313-0c42
122-3
)/ASb(!4J
914
we- Jq. LW4
4g C-� 4,Dk,- E%4+
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 15 of 30
13 Q °T R
L
PETITION OF PROPERTY ENHANCME T
208 W SYCAMORE
FAYETTEVILLE AR.
By signing below I feel that the work that has been done at this residence not only looks
very good but will improve and enhance the neighborhood and increase the property
values. Mr Hill has done a great job in preserving the trees and making the house
interesting and clean looking. I have no problems in the way that this project has
progressed and glad to see it done.
'Name Address Phone Number
C1 7c/
i
lo . f//
1 M 1-#fi �, /0� 70- 30? - V a4
n) W a6Vf G' y7� /L L7)V
e
701, Cts_ 7 _
3c
G g q�G
Board of Adjustment
"- - - BOA 09-3184
Agenda Item#1
Page 16 of 30
Dr.Y. M.Fakunle
1700 Woolsey
Fayetteville,AR 72703
November 11,2008
To Whom It May Concern:
RE. Property on 208 West Sycamore Street
My property on 1700 Woolsey,Fayetteville AR 72703,is located adjacent to Mr.David
Hill's property on 208 West Sycamore Street I have no concerns with the ongoing
renovation at Mr.Hill's property.
Thank you.
Dr.Y.M Fakunle
12/31/2008
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 17 of 30
BUILDING, PERMIT A.PPi. I CATION
City of Fayetteville, Arkansas
BUILDING SAFETY DIVISION
113 W.Mountain St,Fayetteville,Arkansas 72701 '
Phone 479-575-8233 Fax 479-575-8243 Inspection Request:479-575-8236
Request Inspections on Line 1hM://egov awessfavetteville owjbuilding/ Ask for your PIN#
A/PNUMBER SUBDIVISION: LOT#:
SITE ADDRESS: / � �/S Yr f r�
��eGlyMia gWiI S 1iC�e uldrt �/l 7P o Y�✓CY�
7fo
re ense zp'E—�— ltevicw(;un'nei n— phone• L"'Di 'I��—
FOR: Commercial Bldg: #Tenants:_ #Dwellings:_ Single Family: plox:.� Townhomell
Project/Business Name:
TYPE OF WORD Footing Only: 0 New. [] Addition: ❑ Alteration: ® Repair.-
Exterior
epair:Exterior Only. - DesignBld: Demolition: OFher. �.G 4Zv/ey, ik
Use of Building: Z/V"V4 Previous Use:
VALUATION OF WORK I DESCRIPTION OF WORK:
Electrical: $
Plumbing: $ Structure: Wood Metal: Masonry: 0 - Foam Form:
Mechanical: $ Wall insulation: Batt: 0 Blown: [] Slab Floor YIN:
Miso: $ Retaining wall Y/N? Ground Slope>than 15%YIN?
Total: $ ft0141J Flood Plain Y/N? Base Elevation: Finished Floor:
BUE[DING INFORMATION OFFICE USE ONLY Reviewer:
#of Stories: Sum Total of Area: Construction Type:
Height: TotalHeat/Cooled: Occupancy Group:
Length: Total Unheated Max.Occupancy Load:
Width: Add/AltArea: Protection(hours):
Unfinished Basement: Fire Zone YIN: Sprinklered YIN:
j
NOTICE:Separate permit are required for electrical,plumbing,gas and mechanical.
This permit becomes null and void f.work/construction authorized is not commenced within 6 months,
or ifwor�pended or abandoned for a period of 6 months.
SignafTreofOwner/Contractor/Authorized Agenc Datc
12/31/2008
Revised:5/22/2007 Note.
Board of Adjustment
. InspecHwr ofpennithd work mayreaeaIcade aiolMiousaotdisc mdduringplannview. BOA 09-3184
Agenda Item#1
Page 18 of 30
7aye
ARKANSAS
The City of Fayetteville,Arkansas
BUILDING SAFETY DIVISION
DEPARTMENTAL CORRESPONDENCE
TO: Board of Adjustments
FROM: Steve Cattaneo, Building Safety Director
DATE: December 26,2008
RE: 208 W. Sycamore Street contact timeline
The source of this information is from our records and the recollection of events by staff.
Our only goal was to have Mr. Hill correctly indicate the scope of work so that it could
be either approved or enter into the appeals process.
On July 81h, Mr. Hill made application in our office for a permit to "re-roof&
repair/replace decking/framing"and to"cover over skylights" at his home. The cost of
this work was to be $1800. Because there wasn't to be any change in the building foot
print, this permit was not sent to planning for review and approval. The permit for the
work was issued on July 10`h. Everything on this application is consistent with a
residential re-roof and repair.
In mid October, our permit clerk, Mirinda Hancock received a call from a citizen
enquiring about the structure at 208 W Sycamore. Mirinda called inspector Steve
Johnson to go by and check the complaint. Steve reported back to Mirinda that trusses
had been installed over the existing house that exceeded the footprint. Mirinda then
contacted Mr. Hill advising him to"get with planning to try and correct the issue."
About November 3`d, inspector David Truax checked the site again due to another citizen
complaint that work was continuing. David talked to Mr. Hill who informed David that
he had already checked with planning and that there were "no setbacks". David advised
Mr. Hill to check again with Amy Sloan in the Planning office. David asked Amy to let
him know when she had heard from Mr. Hill.
12/31/2008
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 19 of 30
After hearing nothing from Amy, David checked the job on the morning of Nov. 6th and
observed that the work was continuing. He checked again that afternoon and since no
one was at the site during either visit he posted a Stop Work Notice. The notice again
asked Mr. Hill to check with planning and to make corrections on the permit.
On Nov. 10`h,David checked the site again then reported to me that work had continued
and the roof was now shingled. I mailed a Violation Notice to Mr. Hill for"Building
without a Permit"because the scope and costs of work were obviously greater than he
had indicated on the original permit application.
On Nov. 14th, Mr. Hill contacted me about the Violation Notice.I reiterated that he
needed to bring in a site plan and make application for the work that was done. That
afternoon,Amy Sloan and I visited the site; took pictures and measurements from the
street.
It's my understanding that Mr. Hill has met with Mayor Coody and Gary Dumas
concerning this situation. Mr. Dumas and inspector Vel Moses met Mr. Hill at the site
around Nov. 19`h.
We are monitoring the violation notice and have not forwarded it to the prosecuting
attorney pending the decision of this board.
12/31/2008
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 20 of 30
Andrew Garner-Scaled site Ian for 208 E. S camore Page 1
E-MAIL RROM PLANNING pl✓ISIoN To A PLICANT" 10/2y03
From: Karl Lintvedt
To: davidzx11@aol.com
Date: 10/27/08 2:49PM
Subject: Scaled site plan for 208 E. Sycamore
David,
Here is the scaled site plan for 208 E. Sycamore that I'm looking at. The black lines are the property lines.
It's difficult to tell exactly where the footprint of the structure is located, but if it's the brown shape directly
under the"208 SYCAMORE ST" label, then the structure appears to be out of the setbacks, that is, 25 ft.
from the property lines that face both Sycamore and Woolsey. Hope this helps.
Karl Lintvedt
Planning Technician
City of Fayetteville
479-718-7688
12131/2008
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 21 of 30
-MAILFRo..� PLANNING 91vISfbN 'To APPLIcgNi Cle�2.706
l'
0
3
t i
v3
a "
Board of Adjustment
BOA 09-3184
Agenda Item#1
Page 22 of 30
IA
r r � � .�'� m� j
3If
YYX Y
l sb 5.0 rt�
,at .nc
yy 41
_ Y
Y
I
x
1 r' aii III 3?I
r
tl
9
p
4 a V
3
q L i f5 un •` --e i° y.- Y.
VIMI
n
E
� S
4 _
11'
1 i •
�1 1 1 �1 • 1
'`� i -� °�ti-x � �� ,� s��
1 +y ; � �
� i�-r �" 1 �" � � � y a � �� � � � f� � .�...,,..,,,. _
.� z t' tii
x ` � 7 y'
,, ,.
i
,�. �f ���� ,. ..4' � � s �..:"
�' '�� ' l
�+ �z
3
c,
:. .. ' '.:
z
X%:""' �
�`
-'R^' t - a f 1 ��+y � '.
a g I t t � � �, � � i{F ��! � 1 _Q.r.!�
�+ ly,"y T (,
i� .r y�}'� �`% � �' y Y � '� �
. .
.S ,. a.. F- v :.:.
s ' �=
�5J r
J.
�5
,� +�
y.,
%t f