HomeMy WebLinkAbout2011-01-03 - 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, JANUARY 3, 2011 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the December 6, 2010 meeting.
New Business:
2. BOA 10-3730 (529 North College Avenue/Benjamin Merryman, 445): Submitted by
WHITAKER PROPERTIES, LLLP. for property located at 529 NORTH COLLEGE
AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains
approximately 0.48 acres. The request is for a variance from the front building setback to
bring an existing nonconforming structure into compliance and permit an expansion.
Planner: Andrew Garner
3. BOA 10-3718 (3725 Monte Valle Manor/Molle, 100): Submitted by PAT DACUS AND
PAT MOLLE for property located at 3725 MONTE VALLO MANOR. The property is zoned
RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS/ACRE and contains approximately
0.27 acres. The request is for a variance of the side and rear building setbacks for a newly
constructed masonry and stone fire pit, chimney, and outdoor kitchen. Planner: Andrew Garner
4. BOA 10-3731 (727 North Storer Avenue/Hopmann, 444): Submitted by APPIAN, INC.
for property located at 727 NORTH STORER AVENUE. The property is zoned RMF-40,
MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.17 acres. The request is
for a variance from the lot area requirement and the build-to zone requirement (front building
setback) for development of new townhomes. 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.
Page 1 of 4
MINUTES OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on December 6, 2010 at 3:45
p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: November 1, 2010 Approved
Page 2
BOA 10-3714 (Firestone, 485) Approved
Page 3
BOA 10-3715 (AAO/1515 Burr Oak, 287) Approved
Page 4
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 Gamer
Dara Sanders
Jason Kelley
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
January 3,2011
Board of Adjustment
BOA Minutes 12-6-10
Agenda Item 1
Page 1 of 4
Page 2 of 4
Approval of the minutes from the November 1, 2010 Board of Adjustment meeting.
Motion:
Commissioner Knight made a motion to approve the November 1, 2010 Meeting
Minutes. Commissioner Alt seconded the motion. Upon roll call the motion passed
with a vote of 5-0-0.
January 3,2011
Board of Adjustment
BOA Minutes 12-6-10
Agenda Item 1
Page 2 of 4
Page 3 of 4
BOA 10-3714 (FIRESTONE/NW CORNER BOX & 45E, 372): Submitted by KIP
HEARNE H2 ENGINEERING, INC. for property located at THE NW CORNER OF
BOX AVENUE AND HWY 45E, MISSION BOULEVARD. The property is zoned CS,
COMMUNITY SERVICES and contains approximately 1.20 acres. The request is for a
variance from the minimum buildable street frontage requirement of 65%.
Dara Sanders, Current Planner, gave the staff report.
Board Member Kohler discussed that there seemed to be special circumstances in this
situation and the request seems justified. He had a question about one of the conditions of
approval.
Kipp Hearne, applicant, discussed that he has been working on this property for years
and that we are now fortunate to have the new Community Services zoning district. He
discussed that this is a corner lot and that there are challenges with topography,
residential uses to the north. Staff has outlined the hardships.
Board Member Knight asked about a curb cut onto Mission.
Kipp Hearne, applicant, discussed access requirements and that this development would
not access Mission.
Board Member Kohler, had a question about the Community Services zoning district.
Sanders discussed that this zoning district prescribes an urban form.
Andrew Garner, Senior Planner, discussed that this is the first application of
development under the Community Services zoning district and discussed the additional
design standards.
Board Member Nieheus discussed the layout of the site the priority of the building to
face Mission.
Kipp Hearne, applicant discussed that a partial easement vacation would be required as
part of this project.
No public comment was presented.
Motion:
Board Member Alt made a motion to approve the request as recommend by staff. Board
Member Knight seconded the motion. Upon roll call, the motion passed with a vote of
5-0-0.
January 3,2011
Board of Adjustment
BOA Minutes 12-6-10
Agenda Item 1
Page 3 of 4
Board of Adjustment Meeting
December 6, 2010
Page 4 of 4
BOA 10-3715 (AAO / 1515 BURR OAK DRIVE, 287): Submitted by KIP HEARNE
H2 ENGINEERING, INC. for property located at 1515 BURR OAK DRIVE. The
property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains
approximately 4.33 acres. The request is for a 42,485 s.f. expansion that will enclose the
existing facility.
Andrew Garner, Senior Planner, gave the staff report.
Board Member Kohler asked about the basketball courts remaining open on the sides.
Kipp Hearne, applicant discussed the request and the design of the building.
Board Member Kohler asked if this use was developed with the adjacent Lindsey
apartment complex.
Kipp Hearne, applicant, discussed Lindsey's close association with the AAO.
Board Member Kohler asked about the building design.
Garner discussed the design of the building and also that this topic was discussed and
reviewed at the Planning Commission level with the conditional use permit.
Board Member Firmin asked about parking.
Kipp Hearne, applicant, pointed out the existing and proposed new parking area. A total
of 87 new spaces are being provided.
Board Member Nieheus discussed the issues and requirements with meeting the zoning
requirements.
No public comment was presented.
Motion:
Board Member Niehues made a motion to approve the request with the conditions of
approval as recommended by staff. Board Member Knight seconded the motion. Upon
roll call, the motion passed with a vote of 5-0-0.
All business being concluded, the meeting was adjourned at 4:00 p.m.
January 3,2011
Board of Adjustment
BOA Minutes 12-6-10
Agenda Item 1
Page 4 of 4
®'FayeBOA Meeting of January 3, 2011
evl le
AnKFlN SAS
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, Development Services Director
DATE: December 29, 2010
BOA 10-3730 (529 North College Avenue/Benjamin Merryman, 445): Submitted by
WHITAKER PROPERTIES,LLLP forproperty located at 529 NORTH COLLEGE AVENUE.The
property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.48 acres.
The request is for a variance from the front building setback to bring an existing nonconforming
structure into compliance and permit an expansion. Planner: Andrew Gamer
BACKGROUND:
Property Description:The 0.48-acre property is located at the southwest corner of College Avenue
and Davidson Street at 529 College Avenue. The site contains an approximately 5,000 square foot
auto repair garage/shop that was constructed in 1965. The structure is an existing non-conforming
structure as it is located well within the front building setbacks off of College Avenue and Davidson
Street. The surrounding land use and zoning is depicted below in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Commercial C-2, Thoroughfare Commercial
South Motel C-2, Thoroughfare Commercial
East Commercial C-2, Thoroughfare Commercial; DG, Downtown
General
West Multi-Family Residential C-2, Thoroughfare Commercial
Proposal: As indicated on the submitted site plan,the applicant proposes to expand the building by
enclosing an area underneath an existing roof overhang,adding approximately 400 square feet to the
building area. As indicated in Table 2,the applicant is requesting a variance from the front setback
requirement of 50 feet from College Avenue and Davidson Street to bring the existing office
buildings into compliance and to allow for the proposed expansion.
G:IETCIDevelopmenl services Review12010IDevelopmenl Review110-3730 BOA 529 North College AvelBoard of Adjusanend01-03-111Cornments
and Redlines
January 3,2011
Board of Adjustment
BOA10-3730 Merryman
Agenda Item 2
Page 1 of 12
Table 2
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Front Setback(College Avenue 50' 33' a 17' variance
Front Setback Davidson Street 50' 18' a 32'variance
RECOMMENDATION:
Staff recommends approval of the requested setback variances as listed herein and as shown
on the attached drawing with the following conditions:
1. Future alterations or additions to the existing structures shall meet required
building setback regulations, unless otherwise approved by the Board of
Adjustments.
2. All required permits shall be obtained prior to any construction or repair of the
existing structures.
3. At the time of development the existing nonconforming parking lot shall be brought
into compliance pursuant to UDC Section 172.08.
Additional Conditions/Comments:
BOARD OF ADJUSTMEMT ACTION: ❑ Approved ❑ Denied
Motion
Second:
Vote.
Date: January 3, 2011
The "CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the
entity requesting approval of this variance.
Name: Date:
CITY PLAN 2025 LAND USE DESIGNATION: City Neighborhood Area
FINDINGS:
City of Fayetteville Unified Development Code
G:IETCIDevelopment Services Reviewl20101Deielopment ReiiewlIO-3730 BOA 519 North College AvelBourcl of Act ustmen1101-03-I IlCo nmenls
and Redlines
January 3,2011
Board of Adjustment
BOA10-3730 Merryman
Agenda Item 2
Page 2 of 12
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: There are special conditions and circumstances that exist for this building. The
structure was constructed prior to the adoption of the City's zoning ordinance
and Master Street Plan. Consequently, the structure is located within the
required building setbacks, necessitating a variance to bring the buildings into
compliance in order to permit a slight expansion of the building.The proposed
addition does not encroach any further into the required building setbacks,
rather it finishes out an area already underneath a roof overhang.
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 improve or expand the existing structure. The existing building could
be retained on the property,but without a variance the improvements would be
limited by Chapter 164.12. Thus, literal interpretation would deprive the
applicant of rights commonly enjoyed by other properties in the same district.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: Special conditions or circumstances are not the result of the actions of applicant.
The location of the existing structure and the layout of the property was
determined when the property was developed in the 1960's, prior to the
adoption of the City's current zoning regulations and Master Street Plan.
Remodeling the building with a slight expansion requires a variance of the
setback regulations prior to building permit.
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 setback variances will not confer special privileges on
G:IETCIDevelopment Services Review120701Deiclopment ReoiewVO-3730 BOA 529 North College AvelBoard oJAdjusnnent101-03-I PComments
and Redlines
January 3,2011
Board of Adjustment
BOA10-3730 Merryman
Agenda Item 2
Page 3 of 12
the applicant. The applicant is requesting approval for improvements and a
slight expansion to the existing nonconforming structure that was built prior to
adoption of the zoning regulations.
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,January 3, 2011.
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 setback variance is the minimum variance necessary to
accommodate the existing structure and the slight expansion on the subject
property.
b. Harmony with General Purpose. The Board of Adjustment shall further
make a finding that the granting of the variance will be in harmony with the
general purpose and intent of Zoning, Chapters 160-165, and will not be
injurious to the neighborhood,or otherwise detrimental to the public welfare.
Finding: Granting the variance will be in harmony with the general purpose and intent of
zoning regulations and will not be injurious to the neighborhood.The property
is located on College Avenue, where most structures predate current zoning
regulations.The proposal would bring the existing structure into compliance to
permit a remodel and slight expansion and would not permit further
encroachments into the building setbacks that might be detrimental to the
public welfare. The renovated building would be an improvement to the
neighborhood and streetscape.
C.IETCIDevelopment Services Review920101Development Review110-3730 BOA 529 North College AreWoard of Adjuslment101-03-I l lComments
and Redlines
January 3,2011
Board of Adjustment
BOA10-3730 Merryman
Agenda Item 2
Page 4 of 12
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 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: The use is permitted in the zoning district.
G:IETCIDevelopmenl Services Reniew120101Development ReviewV 0-3730 BOA 529 North College Ave0oard ofAdjus(ment101-03-1llCornmervts
and Redlines
January 3,2011
Board of Adjustment
BOA10-3730 Merryman
Agenda Item 2
Page 5 of 12
Whitaker Properties, LLLP,
Whitaker Investments, I.I.C.
102 North School Avenue
L. Pauline Whitaker Fayetteville, AR 72701
Partner Phone. (479) 571-1700
Amy Whitaker Merryman Fax. (479) 571-1702 Benjamin Merryman
Partner Manager
December 7, 2010
City of Fayetteville
Board of Adjustment
125 W. Mountain St.
Fayetteville, AR 72701
RE: Application for Variance at 529 N. College Ave.
Dear Sir/Madam:
Please review required information regarding 529 N. College application.
• Building size 5,008 sq ft.
• Proposed 5,368 sq. ft.
• Parking spaces 12/unknown
• Variance Enclose building to current setback
Regarding Point A: As with the majority of older buildings on N. College the required
current setbacks do not comply. This condition is exasperated by the architectural
design of the original builds of the era. The overall footprint of the building in relation to
useable lot space would not be affected by enclosing front wall space.
Regarding Point B: As referred to in pt. A, the building design is antiquated with a current
roof overhang of over 7 ft. to the east. Enclosing this would only improve the aesthetics if
the building and appearance would become more like others on College.
Regarding Point C: This property was purchased nine months ago in its current state.
Regarding Point D: Current setbacks would not change in relation to useable lot space.
Many other buildings on College ave far less current setbacks.
Thank you in advance.
------------
Benjamin Merryman
Manager January 3,2011
Board of Adjustment
BOA10-3730 Merryman
Agenda Item 2
Page 6 of 12
Whitaker Properties, LLLP.
Whitaker Investments, I.I.C.
102 North School Avenue
L. Pauline Whitaker Fayetteville, AR 72701
Partner Phone. (479) 571-1700
Amy Whitaker Merryman Fax. (479) 571-1702 Benjamin Merryman
Partner Manager
December 22, 2010
Feasibility Studies Inc.
Earl F. & Murlene G. Webb
530 N. College Ave.
Fayetteville, AR 72701
RE: 529 N. College Ave.
Dear Property Owner:
Benjamin Merryman and Whitaker Properties, LLLP propose a setback variance at the
above-referenced address. The primary use of this building is intended to be for
motorcycle sales/service. The property is zoned C-2 and is approximately .48 acres.
A public hearing of the Board of Adjustment is scheduled for January 3, 20113:45 pm at
the City Administration Building, room 11 I, Fayetteville,AR 72701. The property
owner of the above-referenced property is Benjamin Merryman of Whitaker Properties,
LLLP.
The project information is available for public review at the City of Fayetteville Planning
Division, 125 West Mountain Street, Fayetteville, AR 72701 Monday—Friday 8am-5pm;
479-575-8267.
Sincerely,
Benjamin Merry n
Whitaker Prope ies, LLLP.
January 3,2011
Board of Adjustment
BOA10-3730 Merryman
Agenda Item 2
Page 7 of 12
t
7 .1.
t, � $
Subject Property
L:
ar
�
4 y y
. L
i
1 inch = 40 feet nuary 3,2011
Card of Adjustment
0 510 20 30 40 OA10-3730 Merryman
Feet Agenda Item 2
Page 8 of 12
1 � I
1
I�
1
C la a
Y 6�
4 sHOPrsroaAOE � � � .w. I I FrE
� I FSE
Ci
----._---vipp
sTanAOE ti '`d' =.w W..o I� k �I
r
mj• 1 --- i 1
I yi.T purypl r L
SHOP
wr b Ib
n i i I r
r
r I
I r ✓..'fir w� •�,unil I s I
,.tEweu•x°x arvxemvn _ _ _______ T •°" g
°Fmnawxwaeaal rawreal •«'....o.°:«: ___ — I
,swrrr ruu- �.cwT.
a.muevcaurvao ularwKL — — _ ave• arty t> k
arta,arnuzr�amrnmsa°F T'�'
v�weA:vweurxvvaPivrr° «rn re«a:.= t �
x•wawew°.
a.roivv vAvc°avwae °"°1 I .xv
Hxawrer°v wenseeau -� Ia
auvcn,rales ierwx'aur,
carame«xcwusw.,Yw.Pw $ ya E X I
E
_ — _ _M3sYer Street Plan RM _ .. ._._.. _J 8
OEXIST.ASPHALT Lot �1
12 I
= Ou a l a rrrWnnn
EAST. ^ EYJST.Ery EAST.SIUEWALN E%18T,EIrrliY
� rn«a
� I p
A YL
SITE PLAN
D AREA SUMMARY
Total Enclosed Area=5080 Sq. F4
_ _ _ Jamxwy ,2011
ON RTH COLLEGE _ T _ Board of Adjustment
FJW(2 30 Merryman
em 2
Page 9 of 12
January 3,2011
Board of Adjustment
BOA10-3730 Merryman
Agenda Item 2
Page 10 of 12
BOA10-3730 529 N. COLLEGEIMERRYMAN
Close Up View
w
'a z
0
7Z
RE6ECCA5T m
O R.0 a
Tee,
e at VL)
i
i
R.F•PA
LOUSE S7 SUBJECT PROPERTY RSF4
it
DAVIDSON ST
DAVOSON ST
w
G
W 66
O
S W
z a
z
ALLEY 519
(7
Z
MAPLE ST
d .;. r a -
nC ' 3 a
BO.
7 Mac
� � y�1
Mu
z
OUNTNORDS 4T
Fu �Fr
-' .Footprints 2010
- Hillside-Hilltop Ov rlay District
Design Overlay Di trio
Design Overlay Di trict
------ Planning Area
0 75 150 300 450 600
Fayetteville Feet January 3,2011
BOZZ730 Merryman
Agenda Item 2
Page 11 of 12
80A10-3730 529 N. COLLEGEIMERRYMAN
One Mile View
MS RS—T,,- ASH Si 8n1 pBFd R�l -164
Rte` DAVIS ST
PPm RaFd Pd C pau
KELLEY 9T"— ka
psu r RW R� d EONA ST
MF - _ MFd A W4
p'118� .��r yI
- k RSFd fJ Q%�L✓�d. PSF
Fd Fd _
naw VIN 3 � a
pau o
BIRyylN 9lf TK -
_ MEMOS- � P-t
TA IRBFa
a i_ Pe HOLLY sT d CIL v
'p!Fff
ICALN asFr A1E 120
G1 Gt -a.; B�Fd ,.I N� �•
- 1CRBF4
Gr O q(u
Ra. F rto 1., M.w W AmS STd q RaFd $Q ao
R-0
" YIkyn71oRNSTd j5 SUBJECT PROPERTY °"�°�A
P-1 F 5 1 RFW M 0
R pfd d
it. Pf{O$PEGT BT pssd FRBFd d PROSPECT ST tI RSFi
p 1, q�1`�RwOz1 R Ns a RfIFd W4
u i p REOECOAST
pl»I �1 LOWEST RW4 pau R yt R,Fir" ?
R, nt Rau RRaF4 dpau a 2 a
1 ST
NoR Rsu4,tau 518 p8F•
1 W RBFd ° MAPLE ST I
pau pau psFd paFd •I''
p"t �pNF-0
� R6Fr
RPM Rard
SUTTONST r®F
MFJ d
NE;
10ENTERST
NTAW ST
LU
P-t „ raca+�W
fj F"t RO�rl'rr� Ft
STO
t R1
aOR-0
1.1 {?.
VATE
Rk= 6 M N� _ uture T
pFRo r.
c 1pw
Overview Legend BOA 10-3730
Subject Properly
®soA10a730 �_ Desi jn Overlay District
wry'
7. a
fr1. ❑ t Boundary 4 ... Plan iing Area
"-"_ 4 Fay tteville
0 0.25 0.5 1
` I ies January3,2011
Board of Adjustment
BOA10-3730 Merryman
Agenda Item 2
Page 12 of 12
•
aye
Al T BOA Meeting of January 3, 2011
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, Development Services Director
DATE: December 29, 2010
BOA 10-3718 (3725 Monte Valle Manor/Molle, 100): Submitted by PAT DACUS
AND PAT MOLLE for property located at 3725 MONTE VALLO MANOR. The
property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS/ACRE and
contains approximately 0.27 acres. The request is for a variance of the side and rear
building setbacks for a newly constructed masonry and stone fire pit, chimney, and
outdoor kitchen. Planner: Andrew Garner
BACKGROUND:
Property Description and Background: The subject property is located in the Copper
Creek Subdivision at 3725 Monte Vallo Manor. The site is zoned RSF-4, Residential
Single Family Four Units per Acre and contains 0.27 acres. The site was developed for a
single family home in 2009. The property is surrounded entirely by single family
residences within the RSF-4 zoning district.
Proposal: In 2009 a masonry and stone fire pit, chimney, and outdoor kitchen were
constructed in the southeast comer of the backyard of the site without a permit. A survey
of the property during a pending property sale revealed that these new structures are
located well within the building setbacks. The applicant requests building setback
variances to bring the accessory structures into compliance (see Table 1). The fire pit is
not a part of the variance request as it is less than 30 inches in height and does not meet
the Fayetteville Unified Development Code definition of a structure.
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Side setback 5 feet* 1 foot a 4-foot variance
Rear setback 15 feet* 11 feet a 4-foot variance
'The structures are subject to the standard setbacks and not the accessory structure setbacks as the chimney is over 10
feet tall.
Public Comment: Staff has not received public comment.
CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION:
Residential Neighborhood Area
January 3,2011
C:IETCIDevelopmenl Services RevieM20100evelopmenl Review)l0-3775 BOA 1515 Burr Oak Drive AAOIBOAI I2-06-101Copamrd of Adjustment
&Redlines BOA10-3718 Molle
Agenda Item 3
Page 1 of 14
RECOMMENDATION:
Staff recommends denial of the requested side and rear setback variances based on
the findings herein.
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied
Date: January 3,2011 Motion: Second: Vote:
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. 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. This is a standard
sized lot within the recently platted Copper Creek Subdivision. The
subject accessory structures were built without a permit in the
building setbacks within the past year. There is not a special condition
or circumstance unique to this property.
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 that are commonly enjoyed by other properties in
the same district. There is a single family dwelling on the property in
conformance with City ordinance, as other properties have done in
the same zoning district and neighborhood.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: There are no special conditions or circumstances on the subject
January 3,2011
G:IETCIDevelopment Services RevieM20101Devetopment Review)10-3718 BOA 3725 Mottle Valle Manor Pat Dacusl0l Board Board of Adjustment
of Aditcomentllll-03-11lCometents and Redlines BOA10-3718 Molle
Agenda Item 3
Page 2 of 14
property. The variances are needed because the applicant constructed
a new structure in the building setbacks without a permit.
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 may 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.
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, January 3, 2011.
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: As discussed in the Findings included in this report, the reasons set
forth in the application do not justify granting the variance as
proposed.
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
January 3,2011
G:IETCIDevelopment Services Reviewl20101Developinent Roview170-3718 BOA 3725 Monte Vallo Manor Pat Docu.s101 Board Board of Adjustment
ofAdustment101-03-I AComments and Redlines BOA10-3718 Molle
Agenda Item 3
Page 3 of 14
otherwise detrimental to the public welfare.
Finding: Granting the variance 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 with an 11-foot tall stone
chimney and associated walls within a foot of the adjacent property
does not meet the intent of the RSF-4 setback requirements to provide
separation between structures. It would be a somewhat unusual
situation to have such a structure within close proximity to the
adjacent properties in this low density single family residential
neighborhood.
C. Conditions and Safeguards. In granting any variance, the Board
of Adjustment may prescribe appropriate conditions and
safeguards in conformity with the zoning regulations.
Finding: Staff recommends denial of the variance. If the Board of Adjustment
chooses to recommend approval of the variance staff would
recommend the following condition of approval:
I.Within 30 days from the variance approval the applicant shall submit
a building permit application with all applicable fees to the City for
review and approval. The structure shall be required to be inspected and
constructed in accordance with all applicable codes.
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: N/A
January 3,2011
G:I ETCI Development Services Review120101Development Review)10-3718 BOA 3 725 Monte Vallo Manor Pat Dacusl0l Board Board of Adjustment
ofAdjuon ent101-03-II(Comments and Redlines BOA10-3718 Molle
Agenda Item 3
Page 4 of 14
November 22, 2010
City of Fayetteville, Arkansas
Board of Adjustment Variance
Development Service Department
113 West Mountain Street
Fayetteville, AR 72701
Dear Board members,
In accordance with the requirements of the variance request procedure, I am respectfully
requesting an "after the fact" permit approval for the construction of an outdoor cooking area,
with a wood burning grill and chimney, natural gas burner, a sink connected to the property
sprinkler system, with an adjacent fire pit with 6' diameter sitting on a 8' by 8' cement base, for
the property located at 3725 E. Monte Vallo manor St, (parcel number 765-23890-000),
Fayetteville, AR 72764.
My wife Silvia L. Aguirre and I bought the property in June 2009, as new construction from Mike
and Karin Barnival, with Unique Concepts Inc, home builders, as our primary place of residence
when we were relocated to Northwest Arkansas, due to my work Tyson Foods Inc.
Soon after the purchase was concluded, we decided to build a cooking area in a secluded spot
in the back of the property. I contacted a couple of contractors and presented the idea and
requested proposals. In both occasion I got an answer indicating requirements, time schedule
and cost. In none of them there was any reference to having to obtain building permit.
At the end, I decided that the timing and the cost in the proposals were not according to my
budget and expectations and decided to build it myself, securing the help of free lancing
construction workers and some friends. Being new to the NWA area, I was not aware of the
need to apply and secure building permit for the project. Hence, I did not apply for one.
The 3' feet high counters in cooking area and 4' high bar were built using 4" by 8" cement
blocks, finished with granite counter tops. The fire place and fire pit were built with regular
brinks, covered with 1 1/2" Styrofoam isolation, on top of which a layer of 1" fire proof refractory
bricks. The chimney, also built out of cement blocks, was reinforced with steel rods and
concrete. The entire project was covered with Faux stone. Stainless steel doors and drawers
completed the project.
The entire cooking area is sitting on a secluded 20' by 20' steel reinforced concrete slab placed
1 1/2 feet from the property line, at the southeast corner of the lot, not visible from the front of the
house, and its view from the neighboring properties is obstructed by a 6 feet tall fence.
Since we built the area ourselves, no blue prints or construction sketches were prepared. I
have attached copies of picture I took as we went alone with the project, as well as one picture
of the final look.
Due to a job relocation we were forced to put the house on the market and received an offer to
purchase it by Mr. and Mrs. Harold Wallman. The transaction was completed on Nov 19th, 2010.
As part of the sale process, survey report was requested by the buyers. In the attached copy of
the commitment for title insurance report, under Schedule B— Section II point 19, it is noted that
January 3,2011
Board of Adjustment
BOA10-3718 Molle
Agenda Item 3
Page 5 of 14
the 20' building setback along the southeast side of the property and 8' building setback along
the east side of the property are being violated by the above describe cooking area, as they sit
closer to the required distance from the property line.
We made the commitment to the buyers to present to the Board of Adjustment Variance at City
of Fayetteville Development Service Department a petition for permit and variance approval, as
part of the sale-purchase transaction.
We kindly request that you review the attached documentation and supporting paperwork, and
thank you in advance for your consideration and approval to this petition.
Sincerely p c
Cesar and Silvia Aguirre
(954) 805-6308 U
4733 Preserve Street
Coconut Creek, FL 33073
United States of America
January 3,2011
Board of Adjustment
BOA10-3718 Molle
Agenda Item 3
Page 6 of 14
SURVEYING NOTES
COMPLETED FIELD MRK, CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING
BASIS OFS ARING,
BASIS OF BFARINO: CA 1 499.02 1 91.06' 86.91' Nbt'30'35^E
FINAL PLAT OF COPPER CREEK SUBDIVISION,PHASE Ii.
REFERENCE DOCUMENTS:
1.FINAL PLAT OF COPPER CREEK SUBDIVISION,PHASE II.
dry. OA 5P5r,'`/S0�^
? 0 0J/ /•
\ p0O
$ \
AiN \
PARCEL#706,23690400
'4a \ LOT 52 /.,4-
0.27
gH0.27 ACRES+/--
/
SURVEY DESCRIPTION:(PARCEL#76523690-000) �/ /' 40 Ap'Ilk
LOT 62,COPPER CREEKSURDIVISION,PHASE 11,
FAYETEVILLE,WASHINGTON COUNTY,ARKANSAS,AS
SHOWN ON PLOT RECORD R3"AT PAGE 143.
1.THEBEST.IMYM. e..AN.OcengECT
"TN'BESTOF M,'F LEOGEPEO.M FF
ONTNI6THE1T1i WY OFjLgVjMee�3010,
1\\\FFFNF1111lIIII,
C` TATE OF"•,
SSTANDARD LEGEND
ARKANAS
b N0. 1532 ':C= 0' 20' 40' 60'
.b, �O� eauxG�gruxe
n : i,1,` FGflITFING
— 7 W — NVF aFflnm 1lncha20 feet
RIGHT4
�: XIGHTaFIWY
O�YNPlIFAO FGNENNNF BLEW&ASSOCIATES FOR THE USEAND BENEFIT OF
INGflE598 EfAE55&6FMFM PROFESSIONAL LAND SURVEYORS
524 W.SYCAMORE ST,SUITE4 REALTY TITLE
IRSID'PASEMENT FAYETTEVILLE,ARR703 AGUIRREl WALLM
OtstTfi0UxO1m'flEFM PH.(479)4434 SX(479)582-1883 �nU 3,2011
IF THE SIGNATURE ONTNISSEAL Ie NOTAN @% ..YSEv�F31 hllp:Rvm .WeWncwm JOB#18-248 ORANMBY9 r Of Ad"tent
eEAswMEDUKATETHSEPIINATMLAYMM6FENMM pTEUrHOxEFEOEFTu LOCATION: LOT52,COPPER CREEK SUBDIVISION,PHASE II SURVEYED
RTENEO.THF"M CEHTMN ATONE NOT ®vlAiEn ME1EH -371H MO 2
N LY isAHYCOFriNATGGESNOTREARAN ®sTONNwnTER COUNTYISTATE: WASHINGTON COUNTY,ARKANSAS OATS 11115 Item3
ONIGINPLSFALAVG9GNPTIflE
ftyz Of
14
Lk o ti b�U—X—a M 14(v,i'
1,36 fli�
1-CN,
'YA
—Ell
-2c,1),
J
20
January 3,2011
Adjustment
BOA10-3718 Molle
Agenda Item 3
Page 8 of 14
F '
f mf
- t
f
d b'Y Y
R M1 pp'�
J/ 1,
,- yy
5 _
��..
1.
tI
r4 LM .
3
e
F �
F p�
k
M 1 �
t s
i 7
i
y
- " T
■ j :
�^—"�� yy f
1r �
nuary 3,2011
' and of Adjustment
r a_ A10-3718 Molle
enda Item 3
Page 10 of 14
L
k �
9x 5 w
!y'y
1}
• 1 ;
d ' ,
J�xIlk
1 _
January 3,2011
Board of Adjustment
BOA10-3718 Molle
Agenda Item 3
Page 11 of 14
1
'l
r
�i
7e;
�y ;..'.' �" G, '.d _ � :fir r•-
1 MlU/ III
,
j r52� y d
' YEA
1.
YR r
January 3,2011
Boar
of Adjustment
:O'•1
Agenda-3718 Molle