HomeMy WebLinkAbout2010-11-01 - Agendas •
Tae;ile
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,NOVEMBER 1, 2010 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the October 4, 2010 meeting.
New Business:
2. BOA 10-3690 (919 N. LINDELL / VEGA & KITZ, 444): Submitted by JOEL HERSH for
property located at 919 N. LINDELL AVENUE. The property is zoned RMF-40, MULTI FAMILY -
40 UNITS/ACRE and contains approximately 0.16 acres. The request is for a reduced side setback to
allow a covered, open side wood shed. Planner: Andrew Garner
3. BOA 10-3691 (524 N. GRAY AVENUE, 443): Submitted by MIKE SEBO for property located at
524 N. GRAY AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and
contains approximately 0.58 acres. The request is for a variance from the lot width and area
requirements of the RSF-4 zoning district to permit a lot split. Planner: Dara Sanders
4. BOA 10-3701 (2238 N. COLLEGE / KUM & GO GAS STATION, 329): Submitted by CEI
ENGINEERING ASSOCIATES, INC. for property located at 2388 N. COLLEGE AVENUE. The
property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.22 acres.
The request is for a reduced front setback off of Jane Avenue. Planner: Data Sanders
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 (Telecommunication Device for the Deaf) are available for all public hearings; 72 hour
notice is required. For further information or to request an interpreter,please call 479-575-8330.
•
Taye evl e
ARKANSAS
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.
2010 Board of Adjustment Members
Robert Kohler (Chairman)
Sheree Alt
Mark Waller
Steven Bandy
Evan Niehues
Kristen Knight
Nancy Firmin
Page ] of 3
MINUTES OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on October 4, 2010 at 3:45 p.m.
in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: September 13, 2010 Approved
Page 2
BOA 10-3674 (Paul Regan, 485) Approved
Page 3
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Steven Bandy
Robert Kohler
Mark Waller
Kristen Knight
Evan Niehues
Nancy Firmin
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Data Sanders
Jason Kelley
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:55 PM.
November 1,2010
Board of Adjustment
BOA Minutes 10/4/2010
Agenda Item 1
Page 1 of 4
Page 2 of 3
Approval of the minutes from the August 9, 2010 Planning Commission meeting.
Motion:
Commissioner Knight made a motion to approve the September 13, 2010 Meeting
Minutes. Commissioner Alt seconded the motion. Upon roll call the motion passed
with a vote of 7-0-0.
November 1,2010
Board of Adjustment
BOA Minutes 10/4/2010
Agenda Item 1
Page 2 of 4
Board of Adjustment Meeting
October 04, 2010
Page 3 of 3
BOA 10-3674 (Paul Regan/531 E. Maple St, 324): Submitted by ALAN REID for
property located at 531 E. MAPLE STREET. The property is zoned RSF-4, SINGLE
FAMILY -4 UNITS/ACRE and contains approximately 0.90 acres. The request is for lot
width, lot area, and side setback variances in order to subdivide an existing developed lot
into two lots.
Andrew Garner, Senior Planner, gave the staff report.
Board Member Kohler discussed that this was an existing nonconforming lot.
Board Member Waller discussed that the preferred method is to subdivide the property
into conforming lots if possible, and also discussed that there was not a deprivation of
rights in his opinion if the variances were not granted.
Board Member Bandy stated that this lot split appears to be proposed simply to sell the
homes on separate lots, and would not allow for future development opportunities.
Alan Reid, applicant, discussed the background for the request and how the owner, Paul
Reagan acquired the property. He described the process and through process as to why
they are asking for the variance request, simply to permit for the sale of the homes on
separate lots. He discussed that this is a historic part of town and these structures have
been in place for a number of years.
Board Member Kohler asked about the future development of this property.
Garner discussed that this variance request would not permit additional density or
additional residential units beyond that which was existing. He also discussed that the lot
split would result in the property being more conforming as it would remove the
apartment from the single family home and accessory dwelling unit, which is consistent
with the requirements in the RSF-4 zoning district.
Board Member Waller asked about the intent of the variance and verification that the
property owner, Reagan Trust had legally given permission the applicant to speak on
their behalf.
Garner confirmed that the variance application was signed by the owner giving
permission for Alan Reid to be the applicant representative.
No public comment was presented.
Motion:
Board Member Knight made a motion to approve the request. Board Member Alt
seconded the motion. Upon roll call, the motion passed with a vote of 6-1-0, Waller
voting `no'.
All business being concluded, the meeting was adjourned at 4:45p.m.
November 1,2010
Board of Adjustment
BOA Minutes 10/4/2010
Agenda Item 1
Page 3 of 4
November 1,2010
Board of Adjustment
BOA Minutes 10/4/2010
Agenda Item 1
Page 4 of 4
Taye
BOA Meeting of November 1, 2010
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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 Gamer, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: October 27, 2010
BOA 10-3690 (919 N. LINDELL / VEGA & KITZ, 444): Submitted by JOEL HERSH
for property located at 919 N. LINDELL AVENUE. The property is zoned RMF-40,
MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.16 acres. The
request is for a reduced front setback to allow a covered, open side wood shed.
Planner: Andrew Gamer
BACKGROUND:
Property description and background: The subject property contains approximately 0.16
acres (50 feet by 140 feet, 7,000 SF) and is located at 919 North LindellAvenueat the
southwest comer of Lindell Avenue and Hughes Street. This site is one block east of
Garland Avenue. The property is zoned RMF-40, Residential Single Family-4 Units per
Acre and has an 896 square foot (SF) single family house on the lot. This home is one of
the few remaining original homes in the area that has been surrounded by new multi-
family developments in recent decades. The house was built in 1906 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 front and rear building
setbacks in this zoning district. According to the applicant the only source of heat in the
home is a small woodstove just inside the front door facing Lindell Avenue. According to
the applicant, for all of the current property owner's time in the house (approximately 33
years) wood has been stored in a small accessory structure very close to the Hughes
Street right-of-way. Over time the small original wood shed decayed. The current
property owner recently built a new structure/woodshed without a permit which
encroaches into the 10-foot front building setback off of Hughes Street.
Request: The applicant requests a front building setback variance to bring the recently
constructed woodshed into compliance. The variance request is listed in Table 1.
November 1,2010
Board of Adjustment
BOA 10-3690 Vega&Kitz
Agenda Item 2
Page 1 of 22
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Front Setback 10' 6' (4' variance)
SURROUNDING LAND USE AND ZONING:
Direction from Site I Land Use Zoning
North, South, East, West I Multi-family dwellings RMF-40 and CS (Community Services)
GENERAL PLAN DESIGNATION: Urban Center Area
RECOMMENDATION:
Staff recommends approval of the requested front setback variance to bring the
newly constructed woodshed into compliance with the following condition(s):
1. The requested variance shall apply only to the existing 20' x 8' structure.
2. Within 30 days from the Board of Adjustment approval, a building permit
shall be obtained for the existing 20' x 8' structure that was constructed
without a permit. All applicable fees shall be paid and all required
inspections are required in accordance with building code.
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Additional Conditions/Comments:
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:
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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 exist for this property that justify the requested
variance, in staff's opinion. The existing home and original woodshed
were built prior to adoption of the City's current zoning regulations.
The woodshed that was on the property for many decades was made
nonconforming as a direct result of the City's adoption of the zoning
regulations in the 19701s. The age of the home and original woodshed,
and the fact that the home is heated solely by a woodstove is a unique
situation. The adjacent streets have open ditch drainage and access to
the home is limited off of Lindell Avenue. The location of delivery and
storage of the wood pile for access to the woodstove have been
established for a number of decades based on the access situation. It is
a reasonable request in staff's opinion to permit the old woodshed
that was on this property for many years to be replaced by a similar
structure that will allow the continuance of heating the house by a
woodstove.
2. Deprivationof 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 replace the deteriorated woodshed that had
been utilized for several decades to store wood used to heat the house.
It is a common right for a home to be heated safely and conveniently. _
The use of a woodshed as proposed by the applicant would help
maintain the convenient and safe use of a woodstove which is the only
heat source for the home.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The applicant's desire to replace the deteriorated woodshed with a
new structure is a result of the action of the applicant. Staff certainly
does not condone the construction of a new structure without a
permit, as has occurred in this case. However, the special conditions
and circumstances unique to this property do not result from the
actions of the applicant, but rather as a result of the zoning
regulations that were adopted by the City many years after the lot was
platted and the house and associated woodshed were built.
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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: The proposed variance would permit a deteriorated woodshed to be
replaced with a new shed that would be utilized to store wood for a
small single family residence that is 104 years old and that does not
have central heat, but only a woodstove for heating. Most residences
have the convenience and safety of a central heating system and do
not have to rely on a woodstove, and do not have a need for a
woodshed close to their home. Staff does not feel that this is a special
privilege given the unique situation of the property.
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, November 1, 2010.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application
justify the granting of the variance, and that the variance is the
minimum variance that will make possible the reasonable use of
the land, building, or structure.
Finding: The requested front setback variance is the minimum variance
required to allow for the 20' x 8' woodshed as proposed with a 6'
front setback. Staff discussed with the applicant the opportunity to
reduce the width of the woodshed in order to reduce the variance. The
applicant responded to staff that there needs to be separation between
the woodpile and the house to prevent bugs or other pests associated
with the woodpile from damaging the house, and also to permit room
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for the homeowner to walk between the woodpile and the house under
the shed roof. With the average width of the woodpile being 4' and an
additional 4' separation between the woodpile and the house, the 8'
width is the minimum needed.
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 variance will be in harmony with the general
purpose and intent of zoning regulations, and will not be injurious to
the neighborhood or otherwise detrimental to the public welfare. The
location of the proposed woodshed would not be highly visible from
the public right-of-way because of existing vegetation surrounding the
perimeter of the property. Further, the proposed woodshed would not
change the appearance of this property given that there has been a
woodshed in this location for several decades.
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
Adjustmentgrant 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 RMF-40 zoning district.
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161.15 District RMF-40,Residential Multi-Family—Forty Units Per Acre
(A) Purpose. The RMF-40 Multi-family Residential District is designated to protect existing high density
multi-family development and to encourage additional development of this type where it is desirable.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by ri ht
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings
Unit 26 Multi-family dwellings
(2) Conditional uses.
Unit 2 City-wide uses by CUP
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 11 Manufactured home park
Unit 12 Limited business
Unit 24 Home occupation - -
Unit 25 Professional offices
Unit 36 _Wireless communications facilities
(C) Density.
Units peracre 40 or less
(D) Bulk and area regulations,
(1) Lot width minimum
Manufactured home ark too ft.
Lot within a manufactured home park 50 ft. _
Single-family 60 ft.
Two-family 1 60 ft.
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured 4,200 sq.ft.
home park
Townhouses:
Development 10,000 sq.ft.
Individual lot 2,500 sq.ft. -
Single-family 6,000 sq.ft.
Two-family 6,500 sq.ft.
Three or more 8,000 s .ft.
Fraternity or Sorority 1 acre
(3) Land area per dwelling unit.
Manufactured home park 3,000 sq.ft.
11 Townhouses&A artments
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No bedroom 1,000 sq.ft
One bedroom 1,000 sq.ft.
Two or more bedrooms 1,200 s .ft.
Fraternity or Sorority500 s .it.per resident
(E) Setback requirements.
Front Side Rear
The principal 8 ft. 20 ft.
fagade of a
building shall be
built within a
build-to zone that
is located
between 10 feet
and a line 25 feet
from the front
grope line.
Cross references)--Variance,Ch. 156.
(F) Building height regulations.
11 Building Height Maximum 60 ft.
Height regulations. Any building which exceeds the height of 20 feet shall be set back from anyside
boundary line of an adjacent single family district, an additional distance of one foot for each foot of
height in excess of20feet.
(G) Building.area.None: - - -
. . (H) Minimum buildable street frontage.. 50%of the lot width.
(Code 1965,App A. Art:5(N);Ord.No.2320,4-5-77;Ord.No.2700,2-2-81;Ord.No. 1747,6-29-70;Code 1991,§160.034;Ord.
No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.5028,6-19-07;Ord.5224,3-3-09;Ord.5262,8-4-09;Ord.5312,4-20-
10) 20 10)
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October 11, 2010
Joel Hersh, Representing Applicants
622 North Wilson
Fayetteville, Arkansas 72701
jhersh@myway.com
Mr. Robert Kohler, Chairman of the Fayetteville Board of Adjustment, and
All other Board Members
Re: Petition for Variance submitted by Mr. Dan Vega and Ms. Deborah Kitz for setback
relief at 919 Lindell Avenue, Fayetteville
Dear Mr. Kohler and Board Members:
The applicants pray for the reduction of their Hughes Street front setback from ten feet to
six feet, as may be necessary for the construction of a 160-square foot open shed for fire
wood storage. Applicants' existing home has 896 square-feet. No off-street parking
spaces are to be provided.
The shed would be immediately adjacent to the applicants' home, and in all respects
qualify as a carport under Section 164.12(D)(b). Carports may extend into setbacks, but
must be at least ten feet from a street right-of-way. The side of applicants' house is
fourteen-feet from the street right-of-way(leaving just four feet of buildable area).
Applicants' proposed wood-storage shed would be an Accessory structure qualifying for
relief under Section 164.02(A)(3), as amended in 2009, to allow for a reduced side
setback of three feet. However, this lot has two front setbacks and no side setbacks.
Further, the proposed wood-storage shed would be similar to an awning, as provided for
in subparagraph(c). However, the roof will be rigid (not flexible), and will require three
poles along the front edge for support. These characteristics disqualify the wood shed as
an awning. Also, awnings extending into a front setback may only project six feet from
the main building; and this proposed wood shed will project eight feet from the building.
The unique characteristics and extenuating circumstances which applicants believe justify
their prayer, as required by Fayetteville's ordinance are as follows:
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.
Justification: Rose Hill Addition was platted 110 years ago; and Applicants' home
was built 104 years ago. All of the lots in the addition appear to be 50-feet wide. This
neighborhood is zoned RMF-40. Section 161.15(D) of the UDC provides that the
"minimum lot width for single-family is sixty-feet." Applicant feels that the width of his
Variance Application,Vega/Kitz-------Submitted October 11,2010
919 Lindell Avenue,Fayetteville
Page l of 5 November 1,2010
Board of Adjustment -
BOA 10-3690 Vega&Kitz
Agenda Item 2
Page 8 of 22
lot should be determined in the same manner as all the other lots in his vicinity, that being
along the street frontage that his dwelling faces. By this standard, applicants' lot does not
meet the current UDC requirement for lot width. If applicants' lot were the required
minimum width, it is likely that the setback requirements would be met.
Justification: Adjoining lots of the same dimensions are not corner lots, and have side
yards. They therefore qualify for the special setback relief offered by Section 164.02.
This special condition and circumstance is peculiar to applicants' lot and is not applicable
to adjacent and neighboring lots in the vicinity.
Justification: Fayetteville's UDC was adopted long after applicants' home was
constructed 104 years ago. At the time of construction, a carport might have easily been
approved as a typical construction feature.
Justification: This general part of the Rose Hill Addition is no longer single-family in
nature. Most of the interior frontage along Lindell and Hughes has transitioned to
apartment and commercial uses. Quite recently,the lots adjacent to applicant on the
south have been converted to a three-story apartment complex which virtually towers
over applicants' yards. In addition, another three-story apartment complex, stretching a
full block, has just recently been completed to the north of this lot. Finally, City Council
Ordinance No. 5331 was enacted on July 6th, 2010, rezoning all the land along the west
edge of applicants' property for commercial uses (such as gas stations and drive-in
restaurants). These neighborhood transitions have rendered applicants' lot and home a
virtual orphan, which we feel is a"special condition and circumstance peculiar to
applicants' property."
Justification: For all of the 33 and t/2 years that Mr. Vega has lived in this owner-
occupied single-family dwelling,the only heating source is a small wood-stove just
inside the front door facing Lindell. This characteristic may be unique in the entire
neighborhood. It has always been necessary (perhaps for over 100 years) to have an
ample supply of dry fire wood in close proximity to the front door. The only access to
the property for delivery of wood is from Lindell and there has never been a driveway to
the rear of the house. For all of Mr. Vega's time in the house, wood has been stored in a
small accessory structure very close to the Hughes Street right-of-way. It was an ancient
structure, existing when Mr. Vega took possession of the property. Over time,however,
the small, original shed decayed until it became completely unusable and disappeared.
Over this period of time, while Mr. Vega has become a senior citizen, his unique need
continues for a light-duty storage shed (open sides) in proximity to his front porch area.
Storage of firewood must be somewhat away from a house due to possible damage from
insects,thus requiring a total width of eight feet to provide minimal overhang. The aim
of this variance request is to allow Mr. Vega to continue the status quo necessary for him
to maintain the unique requirements of this home's heating system.
Justification: The Hughes Street right-of-way along the north edge of applicants'
property is nearly the only remaining unimproved portion of Hughes Street. Almost the
entire paved driving surface of Hughes Street is north of the street center line. Therefore,
Variance Application,Vega/Kitz-------Submitted October 11,2010
919 Lindell Avenue,Fayetteville
Page 2 of 5 November 1,2010
Board of Adjustment
BOA 10-3690 Vega&Kitz
Agenda Item 2
Page 9 of 22
the south part of the street right-of-way is an impenetrable wall of trees and vegetation.
The applicants' property, their home, and the location of the proposed shed are not visible
from Hughes Street. For these reasons, it has always appeared (and applicants have
always believed)that their home was much farther than 14-feet from the Hughes Street
right-of-way. Only recently has it come to light that a variance is necessary in order to
construct a new wood shed.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive applicants of rights commonly enjoyed by other properties in
the same district under the terms of the zoning regulations.
Justification: Lots in Rose Hill within the RFM-40 zoning district are only 50-feet
wide instead of the required 60-feet for single family use and are therefore substandard.
In addition, all the properties except comer lots enjoy the right to relief for reduced
setback under Section 164.02(A)(3). Taken as a whole, under a literal interpretation of
the zoning regulations, applicants' lot is deprived of rights commonly enjoyed by other
properties in the same zoning district.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Justification: Mr. Dan Vega, applicant, has continuously lived in this owner-occupied
dwelling for 33 and ''/z years. For all of this time, the only source of heating is a small
wood-burning stove inside the front door. When Mr. Vega took possession of the parcel,
an ancient wood-storage shed existed very close to the Hughes Street property line. Over
the years, despite best efforts, that shed ceased to exist. But Mr. Vega's need for a wood-
storage shed near his porch and front door remain critical. None of the special conditions
affecting this property are due to the owners. The only request of the applicants is to
preserve the status quo so that they may have convenient access to a necessary winter
wood supply.
4. iso Special rriviieges. That granting the variance requested will riot confer ori tlic
applicant any special privilege that is denied by Zoning to other lands, structures, or
buildings in the same district.
Justification: Granting the requested setback variance will not confer special privileges
on the applicants. The applicant is requesting to reduce a front-setback by four feet for a
short length along Hughes. This would leave a setback of six feet. A shed or carport can
be built with either three or five feet of a side property line on nearly all the adjacent or
nearby lots in the vicinity. Applicants have always during their 33 and t/2 years of
occupancy maintained and utilized a wood shed much closer to the Hughes Street right-
of-way. Probably that accessory structure had been in use for decades before this owner.
Approval of this application merely preserves an ancient status quo essential for
occupancy of this dwelling.
Variance Application,Vega/Kitz-------Submitted October 11,2010
919 Lindell Avenue,Fayetteville
Page 3 of 5 November 1,2010
Board of Adjustment
BOA 10-3690 Vega&Kitz
Agenda Item 2
Page 10 of 22
Section 156.02(C). Consideration by the Board of Adjustment. The Board of
Adjustment shall make the following findings:
1. 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 th
reasonable use of the land, building, or structure.
Justification: The requested front setback variance is justified by the reasons set forth
in the application. The applicants can not reasonably heat their home in the long-
established manner while complying with the required front setback along all of Hughes
Street. The applicant would have only a four-foot wide area for construction of a wood
shed, assuming wood stacked right against the home. It is necessary to have a narrow
walking path between the house and the wood rows; plus a small roof overhang. This
would require using a strip of land eight-feet wide from the side of the house. And this
would encroach four feet into the setback area.
2. Harmony with General Purposes. 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, and will not be injurious to the neighborhood, or otherwise detrimental
to the public welfare.
Justification: It appears that the request would not be injurious to the neighborhood,
because a similar shed would be permitted on any other lot much closer to adjacent
structures but for applicants' lot not having a side yard.
Justification: Variances to avoid hardship and instead to allow reasonable
continuation of long-standing practices necessary to quality-of-life are consistent with the
intent of the Zoning Code. The request should be considered in harmony with the general
purpose and intent of the Zoning Code because the aim is to preserve an ancient status
quo permitting a necessary shelter for fire wood. Such a structure has existed even closer
to Hughes Street than this variance would permit for much longer than the past 35 years.
Justification: The character of the neighborhood has transitioned very rapidly to large
high-rise apartment complexes and commercial uses. Applicants' property is one of the
last owner-occupied single-family dwellings in the neighborhood. Applicants' use is now
the least intensive of any adjacent owners. Applicants therefore believe that a four-foot
intrusion into the setback area for the limited purpose of an open wood shed works no
change or harm on the neighborhood.
-----------------------------------------
The applicants appreciate the Board's consideration. We will work with staff to discuss
any issues this request may present.
Very truly yours,
Joel Hersh, Representative
Variance Application,Vega(Kitz-------Submitted October 11,2010
919 Lindell Avenue,Fayetteville
Page 4 of 5 November 1,2010
Board of Adjustment
BOA 10-3690 Vega&Kitz
Agenda Item 2
Page 11 of 22
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November 1,2010
Board of Adjustment
BOA 10-3690 Vega&Kitz
Agenda Item 2
Page 12 of 22
® THE CITY OF FAYETTEVILLE,ARKANSAS
��� le CITY PLANNING DIVISION
Tave 125 West Mountain
Fayetteville,AR 72701
Phone (479)444-3443
ARKANSAS
Violation Notice
April 22, 2010
Dan Vega
919 N. Lindell Ave.
Fayetteville, AR 72701
Re: Setback Violation
Dear Property Owner,
City staff has received a complaint regarding a shed placed at your property located at 919 N. Lindell Ave. This
shed does not meet building setbacks and consequently must be removed. You applied for a building permit in
August of 2009, but the permit was never approved. This is because the proposed location for the shed does not
meet buildings setbacks.
As required by the above ordinance, this letter is intended to serve as official notice of the above violation and
we would ask that you contact us within 7 days of receipt of this letter to let us know that the problem has been
resolved.
The City of Fayetteville is a truly beautiful and unique place to live and work and we rely on all our citizens and
the business community to help us to maintain the high quality of life we have all come to expect. Thank you
for your contributions to that quality of life and for resolving this problem in a timely manner.
The Planning Department is available to answer any questions and to offer potential solutions to the above
mentioned violation. Please do not hesitate to contact me at(479) 575-8264.
Sincerely,
Amy Slone
Planning Technician
November 1,2010
Board of Adjustment
BOA 10-3690 Vega&Kitz
Agenda Item 2
Page 13 of 22
November 1,2010
Board of Adjustment
BOA 10-3690 Vega&Kitz
Agenda Item 2
Page 14 of 22
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November 1,2010
BOA 10-3690 Vega&Kitz
Agenda Item 2
Page 21 of 22
BOA10-3690 919 N. LINDELL AVE.
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Board of Adjustment
BOA 10-3690 Vega&Kitz
Agenda Item 2
Page 22 of 22
BOA Meeting of November 1, 2010
Taye I
AnKAN5A5
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
- Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: October 25, 2010
BOA 10-3691 (524 N.GRAY AVENUE,443): Submitted by MIKE SEBO for property located at
524 N. GRAY AVENUE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and
contains approximately 0.58 acres. The request is for a variance from the lot width and area
requirements. Planner: Dara Sanders
BACKGROUND:
Property Description:The 0.58-acre property is located northwest ofthe Razorback Road and West
Maple Street intersection and west of the University of Arkansas. The site is,developed for one
single-family dwelling constructed in 1952,according to Washington County property records,and
contains approximately 166 feet of street frontage.The surrounding land use and zoning is depicted
below in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use I Zoning
North, South, East, West 1 Single Family Residential I RSF-4, Residential Sin le-Famil , 4 du/acre
Proposal: As indicated in the applicant's letter,the request is for approval of a variance from the lot
area and lot width requirements of the RSF-4 zoning district. The applicant's request is outlined in
Table 2.
Table 2
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Lot Area 8,000 sq ft 7,507.5 square feet a 493 sq it variance
Lot Width 70 feet 50 feet a 20-foot variance
Public Comment: Staff has received approximately 16 emails from property owners in the
surrounding neighborhood, all in opposition to the proposed variances. Copies of these emails are
included with this staff report.
G:IETCOevelopment Services Review120100evelopment Review110-3691 BOA 524 N.Gray101-BOAI11-01-101Commenls&Redlines
November 1,2010
Board of Adjustment
BOA 10-3691 524 N Gray Ave
Agenda Item 3
Page 1 of 30
RECOMMENDATION:
Staff recommends denial of the requested lot width and lot area variances, based on the
findings herein.
BOARD OF AD JU TM) MF ACTION: ❑Approved El Denied ` ❑ Tableth
Motion: '
4
t
Second: „ r
Voter s"
Date: November
CITY PLAN 2025 LAND USE DESIGNATION: Residential Neiehborhood Area
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 Zoning Regulations
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates: .
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: The lot is of sufficient width and area to allow for the continued use and
maintenance of the existing single-family dwelling,which is in compliance with
all zoning and development regulations. That the owner wants to construct a
new single-family dwelling is not a special condition. As evidenced by the
attached county parcel map with building footprints, the University Heights
neighborhood is an older neighborhood with a variety of lot and home sizes,
particularly along Oliver Avenue.However,along Gray Avenue a vast majority
of the lots are substantially larger than the minimum lot area and lot width in
the RSF-4 zoning district, which is 8,000 SF lot area and 70-foot lot width.
There is not a predominant unusual condition regarding lot width or lot area
for the subject property or this block of the neighborhood.
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: Staff finds that literal interpretation of the zoning regulations would not deprive
the applicant of rights commonly enjoyed by other properties in the same
G:IETCIDevelopment Services Reviewl20101Development Review110-3691 BOA 524N.Gray101-BOA II-01-IOIComments&Redlines
November 1,2010
Board of Adjustment
BOA 10-3691 524 N Gray Ave
Agenda Item 3
Page 2 of 30