HomeMy WebLinkAbout2011-07-11 - Agendas •
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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, JULY 11, 2011 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the June 13,2011 meeting.
Old Business:
2. BOA 11-3852 (793 East Lighton Trail/Thompson, 525): Submitted by COMMUNITY BY
DESIGN for property located at 793 EAST LIGHTON TRAIL. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.26 acres.
The request is for a variance from the lot area requirements to divide the subject property into two
tracts and for a front building setback variance to bring the existing home into compliance.
Planner: Andrew Garner
New Business:
3. BOA 11-3875 (510 E. Huntsville Rd./Doede, 524): Submitted by LINDA DOEDE for property
located at 510 EAST HUNTSVILLE ROAD. The property is zoned RSF-8, RESIDENTIAL SINGLE-
FAMILY, 8 UNITS PER ACRE and contains approximately 0.60 acres. The request is for a variance
from setback requirements to allow for the construction of a new carport.
Planner: Dara Sanders
4. BOA 11-3876 (1528 N. Garland Avenue/Garland Townhomes, 405): Submitted by H2
ENGINEERING for property located at 1528 NORTH GARLAND AVENUE. The property is zoned
RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.73
acres. The request is for a variance from the rear building setback to bring a partially built structure
into compliance. Planner: Andrew Garner
All interested parties may appear and be heard at the public hearings. A copy of the proposed
amendments and other pertinent data are open and available for inspection in the office of City
Planning(479-575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are
invited to review the petitions. Interpreters or TDD (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.
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Taye eel 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 to Comment/Discussion and Questions by the Board
F. Action of the Board (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 the staff and applicant
presentations. Public comment will only be permitted during this part of the hearing for
each item.
Once the Chairman recognizes you, stand and give your name and address. Address your
comments to the Chairman, who is the presiding officer. After all public comments have
been heard, the Chairman will direct your comments 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.
2011 Board of Adjustment Members
Sheree Alt (Chairman)
Robert Kohler
Jeff Hagers
Evan Niehues
Kristen Knight
Matthew Hoffman
Board of Adjustment Meeting
June 13, 2011
Page 1 of 3
MINUTES OF THE
BOARD OF ADJUSTMENT
A rescheduled meeting of the Board of Adjustment was held on June 13, 2011 at 3:45
p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: May 2, 2011 Approved
Page 1
BOA 11-3851 (420 E. Lafayette, 485) Approved
Page 2
BOA 11-3852 (793 E. Lighton Trail, 525) Tabled
Page 3
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Robert Kohler
Kristen Knight
Evan Niehues
Jeff Hagers
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
Jason Kelley
Board of Adjustment Chair Sheree Alt called the meeting to order at 3:55 PM.
Approval of the minutes from the May 2, 2011 Board of Adjustment meeting.
Motion:
Board Member Knight made a motion to approve the May 2, 2011 Meeting Minutes.
Board Member Neiheus seconded the motion. Upon roll call the motion passed with a
vote of 4-0-0.
July 11,2011
Board of Adjustment
BOA Minutes 06-13-11
Agenda Item 1
Page 1 of 4
Board of Adjustment Meeting
June 13, 2011
Page 2 of 3
BOA 11-3851 (420 East LafayettefMihalevich, 485): Submitted by KATIE
MIHALEVICH for property located at 420 EAST LAFAYETTE STREET. The property
is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains
approximately 0.16 acres. The request is for a variance from the rear and side setback
requirements to allow for the construction of a new carport.
Jesse Fulcher, Current Planner, gave the staff report.
Public Comment:
Kitty Gaye, 324 Sutton Street, discussed that she has lived in the neighborhood for
many years and is in support of the variance for three reasons: (1) the proposed gabled
roof is consistent with the character of the neighborhood; (2) 50-foot wide lots present
challenges to doing improvements; (3) she knows Katie and Matt and their attention to
quality as shown in the upgrades that have done to their home over the years.
Jeremy Pate, 422 E. Lafayette, directly adjacent neighbor to the east, stated that he
supervises the staff that is sitting here and supports their recommendation, but is speaking
here as an adjacent neighbor. He and his wife have no objections to the proposed carport
located very close to his property line. He stated that they have discussed setting up some
sort of maintenance agreement so future property owners could maintain the carport.
No more public comment was presented.
Board Member Alt asked Mr. Pate how tall his garage was.
Mr. Pate stated that the two garages would be approximately the same height.
Board Member Hagers asked staff to explain to the recommendation to reduce the roof
height.
Fulcher stated that by reducing the roof height the rear setback would be decreased and
the variance would not be necessary.
Board Member Alt asked staff if they remembered any of the other variance requests in
the neighborhood.
Fulcher stated"yes,"but that these were not considered as part of this request.
Motion:
Board Member Hagers made a motion to approve the request as proposed by the
applicant, including all conditions of approval recommended by staff except striking
condition #1. Board Member Neiheus seconded the motion. Upon roll call, the motion
passed with a vote of 4-0-0.
July 11,2011
Board of Adjustment
BOA Minutes 06-13-11
Agenda Item 1
Page 2 of 4
Board of Adjustment Meeting
June 13, 2011
Page 3 of 3
BOA 11-3852 (793 East Lighton Trail/Thompson, 525): Submitted by COMMUNITY
BY DESIGN for property located at 793 EAST LIGHTON TRAIL. The property is
zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains
approximately 1.26 acres. The request is for a variance from the lot area requirements to
divide the subject property into two tracts and for a front building setback variance to
bring the existing home into compliance.
Andrew Garner, Senior Planner, stated that the applicant requested that this item be
tabled until the July Board meeting as the applicant was not able to attend this meeting.
No public comment was presented.
Motion:
Board Member Knight made a motion to table this request until the July Ith Board
meeting. Board Member Hagers seconded the motion. Upon roll call, the motion
passed with a vote of 4-0-0.
There being no further business, the meeting was adjourned at 4:21 PM.
July 11,2011
Board of Adjustment
BOA Minutes 06-13-11
Agenda Item 1
Page 3 of 4
July 11,2011
Board of Adjustment
BOA Minutes 06-13-11
Agenda Item 1
Page 4 of 4
7(31(atyeV 1 BOA Meeting of July 11, 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 Gamer, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: July 6, 2011
BOA 11-3852 (793 East Lighton Trail/Thompson, 525): Submitted by COMMUNITY
BY DESIGN for property located at 793 EAST LIGHTON TRAIL. The property is
zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains
approximately 1.26 acres. The request is for a variance from the lot area requirements to
divide the subject property into two tracts and for a front building setback variance to
bring the existing home into compliance. Planner: Andrew Garner
BACKGROUND:
Property: The subject property is a triangular parcel of 1.26 acres located east of the
intersection of Lighton Trail and Rodgers Drive. The property is zoned RSF-4 and
contains a single family house of 1,149 square feet that was constructed in 1946
according to Washington County parcel records. The house is located in the northeast
comer of the property. The property is fairly steep and contains some stone outcroppings,
terraced gardens, and a stone outbuilding and well. A survey of the property is attached.
The surrounding land uses and zoning are shown in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North; East Residential RSFA Residential Single-Family 4 units per acre
South Water storage RSFA Residential Single-Family 4 units per acre
tanks
West Water storage RSFA Residential Single-Family 4 units per acre;
tanks; RMF-24, Residential Multi-Family 24 units per acre
undeveloped
Request: The applicant proposes to subdivide the 1.26 acre tract into two tracts as
follows:
Tract A 5,534 square feet
Tract B 49,195 square feet
The applicant requests a lot area variance, as Tract A does not meet the minimum lot size.
The applicant is also requesting a front building setback variance to bring the existing
house into conformance. The variance requests are listed in Table 2.
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Agenda Item 2
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Table 2
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Lot area Tract A 8,000 square feet 5,534 square feet 2,466 square foot variance
Front setback 15 feet 4 feet(11 foot variance)
Public Comment: Staff has received a letter (attached) from an adjacent property owner
expressing concerns with the proposed variance.
RECOMMENDATION:
Staff recommends in favor of the front building setback variance to bring the
existing house into compliance with the following condition:
1. The front building setback variance only applies to the footprint of the
existing structure and does not apply to future additions or new
construction.
Staff finds that there are no special conditions or hardships that warrant the
requested lot area variance, and that sufficient area is available on the 1.26-acre
property to create two parcels that conform to the minimum lot size in the RSF-4
zoning district. Based on the findings included herein, staff recommends denial of
the lot area variance.
BOARD OF ADJUSTMENT ACTION: C7! Approved O Denied - H-,
Date: July 11,2011 1 Motion: Second:i ' emote:
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION:
Residential Area
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
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district.
Finding: Lot Area Variance
The subject property is within the Hillside Hilltop Overlay District on
the southern slope of Mount Sequoyah. The elevation drops from
1,620 feet in the northeast corner of the site to 1,572 feet in the
southern portion of the site adjacent to Rodgers Drive, an overall
slope of approximately 20%. The property contains some areas of
stone outcroppings, mature landscape beds, a stone walking path, and
a stone retaining wall that holds up the driveway for the house. The
courtyard immediately around the house is enclosed with a wood
picket fence. The site is located in a unique natural setting. However,
the topography and natural features do not prohibit subdividing the
property into two reasonable and usable parcels that meet the
minimum requirements of the RSF-4 zoning district. Neither the
natural features nor the walls and fences dictate a definite or logical
property line that would necessitate creating the proposed Tract A
with 5,534 square feet. Proposed Tract A could easily be expanded to
provide the minimum 8,000 square feet to meet the zoning code. It is
the property owner's preference to retain a larger portion of the yard,
including some mature landscape beds, on Tract B, which necessitates
the variance.
It is staff's opinion that the proposed lot line for Tract A would not be
beneficial for the long term use and maintenance of the retaining wall
on Tract A that hold up the driveway for the house. City ordinance
requires retaining walls to be set back from property lines in order for
the property owner to maintain and/or rebuild the wall on their own
property. When the retaining wall on Tract A needs maintenance, or
if the wall should fall down, the wall would likely cause damage to
Tract B, and could not be rebuilt without trespass onto Tract B. If
Tract A were expanded to 8,000 square feet to meet the minimum
required by the zoning code, Tract A could be expanded in a
configuration to provide adequate setback around this wall and the
steep rock outcropping around the house.
Front Building Setback Variance
The fact that the home was constructed in 1946, prior to current
zoning codes, is a unique circumstance that warrants granting the
variance to bring the front building setback into compliance.
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
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zoning regulations.
Finding: Lot Area Variance
The lot area requirement does not prevent the applicant from
constructing an additional single family home on the property, or
subdividing the property into multiple lots. Based on the survey, a site
visit, and discussion with the applicant, there appears to be more than
adequate area to subdivide the property into two tracts as desired by
the applicant with a smaller lot surrounding the home, and a larger
undeveloped lot for future development. The property line around the
existing home would have to be a little larger than currently proposed.
However, multiple reasonable tracts of property could be created and
meet the zoning code.
Front Building Setback Variance
This is an existing nonconforming structure because the house is
located within the front setback. Staff finds that the literal
interpretation of the front setback regulation would deprive the
applicant of the right to have a conforming structure, a right that is
commonly enjoyed by others within the same zoning district.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: Lot Area Variance
The site was developed prior to the applicant taking ownership eight
years ago. However the request to subdivide the property is an action
of the applicant. The request to create the lot lines proposed are a
result of the desire of the applicant to have certain areas of the
property on one lot or the other, and not a result of special conditions.
A slight expansion of the proposed lot line around Lot A will allow a
lot split in compliance with the lot area requirement.
Front Building Setback Variance
The building setback variance for the existing structure is not the
result of actions of the applicant, as the structure was constructed in
1946, prior to adoption of the zoning code.
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
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district.
Finding: Lot Area Variance
The property owner currently has a 1.26-acre lot zoned RSF-4. This is
a larger parcel than the average surrounding properties in this
neighborhood and in the RSF-4 zoning district throughout the City.
The applicant is requesting approval to subdivide the property into
two lots of 0.13- and 1.13-acre. Granting a variance for the 0.13-acre
(5,534 square feet) lot would be a special privilege given that the
property has already been developed and utilized for a single family
home for a number of decades without the variance. The property
may continue to be utilized in its current configuration, or it could be
subdivided into multiple parcels in conformance with the zoning code
without a variance. The proposed lot split configuration could be
modified to meet the lot area minimum without a hardship to the
property owner. The proposed lot area variance would confer special
privileges. It is a common condition for large single family lots to be
subdivided, but it would be a unique situation for this property to
have a lot with only 5,534 square feet within the RSF-4 zoning district
when other new lots created under the RSF-4 zoning district are
required to have 8,000 square feet.
Front Building Setback Variance
Granting the requested setback variance to bring the existing
structure into compliance will not confer special privileges as the
structure was built well before the current zoning requirements.
5. Nonconforming Uses. No nonconforming use of neighboring lands,
structures, or buildings in the same district, and no permitted or
nonconforming use of lands, structures, or buildings in other districts shall
be considered grounds for the issuance of a variance.
Finding: Existing nonconformities were not considered as a basis of the
findings stated in this staff report.
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be
considered by and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday, June 6, 2011.
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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 reasons set forth in the application do not justify the granting of a
lot area variance.
The requested front building setback variance is the minimum needed
to bring the existing nonconforming structure into compliance.
b. Harmony with General Purpose. The Board of Adjustment shall
further make a finding that the granting of the variance will be in
harmony with the general purpose and intent of Zoning, Chapters
160-165, and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
Finding: Lot Area Variance
The proposed Tract A would be 5,534 square feet. This would be
smaller than most surrounding lots and the average lot size of single
family homes in the iviount Sequoyah neighborhood. Due to the
topography of the area there are a number of odd-shaped parcels,
including some single family homes on lots of a comparable size as
that proposed. The lot line for Tract A is proposed directly on a
retaining wall that holds up the driveway for the house. As discussed
in Finding No. 1, this lot line location could potentially be detrimental
to the public welfare of both future property owners of Tracts A and
B. As proposed, there would not be enough room for the property
owner of Tract A to maintain or access the downhill side of the
retaining wall that holds up their driveway.
Front Building Setback Variance
The structure has been located on the property for approximately 65
years. Granting the variance to bring the existing structure into
t
compliance 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.
C. Conditions and Safeguards. In granting any variance, the Board
of Adjustment may prescribe appropriate conditions and
safeguards in conformity with the zoning regulations.
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Finding: Staff has recommended denial of the lot area variance. Staff
recommends one condition of approval for the front building setback
variance as noted earlier in this report. Should the Board of
Adjustment make findings to approve the lot area variance staff
would recommend the following conditions of approval:
1. With the exception of lot area, the lot split is subject to review in
conformance with all other Unified Development Code
requirements, including the requirement for setbacks of a
retaining wall from a property line.
2. The proposed lot split would result in an accessory structure on a
separate lot (Tract B) from the principal structure. In accordance
with Unified Development code Section 164.02, the accessory
structure shall be removed from Tract B prior to lot split
approval, or the applicant would be required to obtain conditional
use permit approval from Planning Commission for the accessory
structure.
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 Board of Adjustment may grant variances of the lot area and
building setback as proposed.
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161.07 District RSF-4,Residential Single-Family—Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of
these types.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 8 Single-familydwellings
Unit 41 Accesso dwellings
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit Government facilities
Unit Two-family dwellings
Unit 12 Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Single-family Two-family
d is
Units per acre 4 or less 7 or less
(D) Bulk and area regulations.
Single-family Two-family
dwellings dwellings
Lot minimum width 70 ft. r 80 ft.
Lot area minimum 8X0, q;ft 112,000 sq.-ft.
Land area per 8,000 sq.ft. 6,000 sq.ft.
dwelling unit
Hillside Overlay 60 ft. 70 ft.
District Lot minimum
width
Hillside Overlay 8,000 sq.ft. 12,000 sq.-ft.
District Lot area
minimum
Land area per 8,000 sq.ft. 6,000 sq.ft.
dwelling unit
(E) Setback requirements.
Front Side Rear
15 ft. 5 ft. 15 ft.
(F) Building height regulations.
Building Height Maximum 1 45 ft.
Height regulations. Structures in this District are limited to a building height of 45 feet. Existing
structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming
uses, (Ord.#4858).
(G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of
such lot.
(Code 1991, §160.031;Ord. No.4100,§2(Ex.A),6-16-98;Ord.No. 4178,8-31-99;Ord.4858,4-18-06;Ord. 5028,6-19-07;Ord.
5128,4-15-08;Ord.5224,3-3-09;Ord.5312,4-20-10)
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858 Rodgers Drive
Fayetteville, AR 72701
May 31, 2011
RE: Kathy Thompson variance request, Lighton Trail
City of Fayetteville Board of Adjustment
113 W. Mountain
Fayetteville, AR 72701
Members of the Board:
My wife Carolyn and I have resided at this address since purchasing in 1974; our
property adjoins Ms.Thompson's to the east with a 27 foot city alleyway between our
properties. I learned of the variance request at the end of the week,first seeing the sign
on Lighton and then receiving the adjacent property owners notification in the mail on
5-26. Since we will be out of town on the hearing date,we wish to file this for the board.
My understanding of the request is that it would allow Ms. Thompson to divide into 2
lots, enabling her to construct a new dwelling with the probable sale of the existing
house and modified lot.
Our concerns regarding this proposal are:
1. Adding more usage upon an old and barely adequate infrastructure (sewer line
and street); as Rodgers Drive has no city sewer line (until the start of the
Southern Heights subdivision at the end of the old Rodgers Drive)we pump our
sewer up to Lighton Trail sewer, as do many others on our street.
2. The R4 zoning allows 4 residential dwellings per acre,which would not be met by
the proposed division of the Thompson property as well as no way to meet setback
requirements if the existing dwelling on the new small lot were ever damaged by
fire or weather to require a building permit.
3. The issuance of such variances often encourage more variances and open the
possibilities for substantial changes in the nature of an established neighborhood.
This is always a concern for a property owner regarding property values.
In conclusion, my wife and I are opposed to his requested variance and feel that it
should be turned down.
Yours truly,
R. C. Gilbrech,Jr.
�r
July 11,2011
Board of Adjustment
BOA 11-3852 Thompson
Agenda Item 2
Page 9 of 23
ENINNEW
community.by.design
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TOWN PL NNING.URBAN ENGINEERING
May 9, 2011
Via Hand Delivery
Chairman,Board of Adjustment
City of Fayetteville
113 West Mountain Street
Fayetteville,Arkansas 72701
RE: Project Summary
Kathy Thompson Lot Split
This letter describes the intent of the proposed lot split for the property located at 793 East Lighten Trail and the reasoning
behind the requested variance. The existing cottage and associated property was purchased by my client, Kathy
Thompson, in 2003, and has since used this as her home. Please see attached Lot Split Site Plan when reference is made to
proposed Tract A and proposed Tract B. Also please see annotated photos of the property on pages 3 to S of this letter.
Background Information/Existing Use
The small, one bedroom / one bath cottage contains approximately 1,000 square feet and was originally constructed in
1946. Kathy currently uses the property in the immediate vicinity of the cottage, proposed Tract A containing 5,534
square feet, as her primary residence. In addition to the cottage, this smaller piece of land contains a small gravel
driveway that provides three off-street parking spaces, two low maintenance gardens to the north and east of the cottage
containing mature trees and native ground cover plantings, a large deck is attached to the back of the cottage providing
outdoor dining experiences with views to the south, and a 25' square paved courtyard is located behind the cottage that
provides a more intimate enclosed outdoor space. This space meets the everyday indoor and outdoor living needs for
Kathy. The south and west boundary of this smaller piece of land (proposed Tract A) is created naturally by both geology
and topography. Large rock outcroppings roughly define these boundaries while steep slopes exceeding 30% extend in a
southwesterly direction immediately adjacent to the rock outcroppings. Over time rock walls and fencing have been
constructed along this natural boundary that provides separation from the original cottage site and the remainder of the
property. Please see photos on pages 3 to S of this letter.
The remainder of the property, proposed Tract B containing 49,195 square feet, has been used primarily for agricultural
purposes by the owner,the owner's family, friends, and neighbors. Kathy has offered this land for agricultural use by her
friends and family similar to a community garden concept.
Proposed Use
The proposal is to legally separate the original cottage site (proposed Tract A) from the larger tract of land (proposed
Tract B) that has been primarily used for agricultural purposes. Kathy pians to construct a new home on Tract B and
potentially sell the existing cottage and associated Tract A. A variance is required because the lot area of the original
cottage site(proposed Tract A), does not meet the minimum required by the RSF4 zoning district.
We feel that this proposal meets the four criteria required for the lot area variance:
1. Special Conditions Exist: The existing rock outcroppings, steep slopes, stone retaining walls, and fencing that
form a significant natural separation from the original cottage site (Tract A) and the remainder of the property
311 West Spring Street
J,pFtle11rlle, AR 72701
Board ofAdj,,*7At444.0095
BOA 11-3852 Thompson
Agenda Item 2
Page 10 of 23
Letter ro Chairman, Board of Adjustments
RE: Kathy Thompson Lot Split
May 9, 2011
(Tract B) is a special condition that is peculiar to the land and prevents the property owner from dividing the
property in a coherent manner.
2. Literal Interpretation of the Ordinance Deprives my Client of Rights: The literal interpretation of the lot area
requirement would deprive my client the right to divide this property in a logical manner and in accordance with
obvious natural physical features of the land. In addition, the literal interpretation of the lot area requirement
would create ambiguity for future owners of the property since the boundary created by the existing physical
features would continue to exist with disregard to any legal boundaries that might be created otherwise. When
considering the maintenance of the natural features that physically create this boundary, the land owner downhill
(Tract B) would be the most likely candidate to provide maintenance. These features would simply be out of sight
from the uphill owner(Tract A).To require the owner of Tract A to maintain these features seems cumbersome.
3. Special Conditions do not Result from the Applicant's Actions: The existing rock outcroppings, steep slopes, stone
retaining walls, and fencing that form a natural separation between the two pieces of land predated Kathy's
purchase of the property. They also predate the zoning code.
4. Granting this Variance does not Grant a Special Priviledge: Granting the requested lot area variance will not
award special privileges to my client. Tract A contains sufficient lot width and buildable area that other properties
in the RSF4 zoning district are expected to meet. The lot width requirement is 70', Tract A on average is 85'
wide. The maximum buildable area allowed is 40%,Tract A's built area is approximately 24%.
It is our opinion that the reasons set forth in this letter justify granting of the variance and that the variance is the
minimum variance that will make possible the reasonable use of the land. It is further our opinion that the granting of this
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 public welfare.
Thank you for your consideration of this matter. Please cci free to Ball ,Te at 790-5775 or ,Tail me at
brian@communitybydesienlle.com if you have any questions about this request.
Sincerely,
/71v� ---
Brian Teague
Community By Design
Attachments: Kathy Thompson Lot Split—Site Plan
Kathy Thompson Lot Split—Adjacent Property Owners Map
July 11,2011
Board of Adjustment
BOA 11-3852 ThompRage 2 of 8
Agenda Item 2
Page 11 of 23
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Lotter to Chairman, Board of Adjustments
RE: Kathy Thompson Lot Split
Ma 9, 2011
Image 3 -East garden looking north
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Image 4—Patio and paved courtyard looking northwesterly
July 11,2011
Board of Adjustment
BOA 11-3852 Thompson
Agenda Item 2 Page 4 of B
Page 13 of 23
Letter io Chairman, Board of Adjustments
RE: Kathy Thompson Lot Split
Iola 9, 2011
17
Image 5—Patio area south of cottage looking east
4 ,
Image 6 Patio area south of cottage looking east
July 11,2011
Board of Adjustment
BOA 11-3852 Thompson
Agenda Item 2 page 5 of 8
Page 14 of 23
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Letter to Chairman; Board of Adjustments
RE- Kathy Thompson Lot Split
Ma 9, 2011
Image 9—Stone outcropping,stone wall,and fence all south of driveway—looking north(fence is proposed
property line)
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Image 10—driveway,fence,and wall—looking southeasterly(fence is proposed property line)
July 11,2011
Board of Adjustment
BOA 11-3852 Thompson
Agenda Item 2 Page 7 of 8
Page 16 of 23
Letter to Chairman, Board of Adjustments
RE: Kathy Thompson Lot Split
Ma 9, 2011
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Image 11 —fence and stonewall immediately south of driveway—looking east(fence is proposed property line)
July 11,2011
Board of Adjustment
BOA 11-3852 Thompson
Agenda Item 2 page 8 of 8
Page 17 of 23
KIM= l CJ.y4
INVERT= 160.34
w w - w - w - w
-
IT
s
` E r
R /W
44.5
'�. � -��•� ,' ,�,,-: � HOUSE •
23.8 ao \ 00
Q ` �\ 17.4' `�
X. r
July 11,2011
Board of Adjustment
BOA 11-3852 Thompson
Agenda Item 2
Page 18 of 23
65-14403-000
MN"8193 Thompson, Kathleen
INVERT-156.41 793 E. Lighton Tram'
NW
aoRNER Fayetteville, AR 727��1
NWt/4 - 6EI/4
5EcnON 15 deed 2003-17435; 816-80. _
i-16-N, R-30-W RI IA LEGEND
RIM=163.94
30.00 a y_W_W—N—M—N—N—W—W—W—N—M—N—N—W— INVERT=160.34
M 4-4 W 4—W V W—M W
LIGHTON TAI 1 ASHP ALT v
T Ex MH a BEARING CHANGE
o,. E'—'le .E E
\ . ,— . 1 . . I =6
9 WATER METER
❑ WOODEN STAKERi13
' X _- R/W O FOUND IRON PIN
y\ \ �y '•.. ❑ PTI c N ♦ \ a4.5 0 UTILITY POLE
POB \ e \+vim \ �S< on Ess ❑"=�� �i� � .�. HOUSEV :� e MAN HOLE
N O n 23,8' \� pa LINE BEARING alb[ANCE ® GAS METER
\, Lt N 00'0233 E 13.06 — x — X — FENCE LINE
4 S �. ..
17 4' 1. m L2 N 86'5938" VI 1596' —r—T—
ELE LINE
\ \L f41T \ L3 N fi3'19n2" W 90,69' —bas— GAS LINE
^\, \4 6 ❑ e, ier\ na.l �: I ' L4 N 564742" l4 I00,00' —N—W— WATER LINE
3 L5 N 51'24'19" W 243.88'
\ L —E— ELEC LINE
sas M�`a�I\ .. .a ROCK WALL
\~♦ ` \ \ 6 \ ❑ - s a GRAVEL
1.26 ACRES f. ROCK
F\\\\\S y a ` aex 3 ♦ $ �'l'ICEVITY MAP ROCK WALK
� \ I�\.� crcQ sr
+
Fx, x \ W RIN Si I a oW
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+ \ a
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PROJECT
\ fk\F \\\ \J< ;is, LOCATION
4S�
♦ \ y.\ _ \4 �4 ^ . ..11 O\\ MME1516I0 t MSEISIGa
SURVEY DESCRIPTION
j,=
A part of the NWt/4 of the SE1/4 of Section 15, Township 16 North,
Range 30 West, being more particularly described as follows, �a�e A<, '
Beginning at a �" rebar located S89'40`08"E 30.0 feet and S00'02'33"W �� � FA}ETTEVILLE,AR
29.27 feet from the Northwest Corner of the NW1/4 of the SE1/4 of said
Section 15, thence S89'40'08"E 375.42 feet along the South right—of—way surev>=roes cereruFlcanorv: nareby Comfy tr,at
nave surveyed the herein described tract end (hal
line of Lighton Trail to a Ifi" rebar; thence leaving said right—of—way and PY the property Imes and corner monuments an., to
running S00'40'47"W 119.83 feet to a �" rebar; thence N88'59'38"W 15.86 �e \ ` owtoel nearasysh wn... Aso,and oe0,l9Cy,en�eo.lr
feet to %" rebar; thence S01'10'30"W 138.99 feet to a Y2" rebar located J tt`11I IS ITE•I�/'.y�/♦Gi/ and/or encroachments revealed by sad surv.y
on the North right—of—way line of E. Rogers Drive; thence Northwesterly �p� p Jj aro shown hereon.
along said right—of—way N63'19'02"W 90.69 feet, N56'47'47W 100.00 feet, \\N STATE OF //Z FLaao 11-11'CATION. The herein caseload tract
.......
N51"24'19"W 243.86 feet to a tft" rebar and N00'02'33"E 13.06 feet to the J / i- Is not within the Ina year flood penin per FIRM
point of beginning, containing 1.26 acres, more or less, City of Fayetteville, r ARKANSAS map no. 05143000920 dated 7/21/99.
Washington County, Arkansas. =� R70
�= PLAT OF SUrRVEY & TOPPlat of survey forl�l
Subject to a 25 foot wide City of Fayetteville utility easement along the washln,Wh County Abatraat done by Wan Reid h 1^ •'Z Associates aama 7/ll/sa.South and West lines as filed in Book 905 at Pae 882 in the Office of '\he alraait Clerk, Washington aaanty, Arkansas, ad any other easements `I. ,� 6UR✓CAR6 NOTE
KATHLEEN THOMPSON
and/or right—of—ways of record. V',� '%f C 1, C� were,� 0 w,,......:"... �\� i. Utilities shown hereon w visible of the the
iiv �;. p� time of survey and no record seerch wa JENKINS SURVEYING INC. °AiEi 'y3170B
/J//JIIW��IIIILIAI rYw Ine to tlrtole any ent eo,ocand utilities 5 125 E.TOWNSHIP STE.8 DRAWN BY:
r'= wi
2. A elevationyof Ica It was assumed on FAYETTEVILLE,AR72703
project control point, PHONE(479)445E9(P EOCuall li-15-30
FAX(479)445-6908
JOB NO: 07-187
RAT CAGE: 5n07--]OW-O-IS-240-12-pe,
July 11,2011
Board of Adjustment
BOA 11-3852 Thompson
Agenda Item 2
Page 19 of 23
NW CORNER J
NW1/4 — SEI/4 _ � CPmmlJnit bI IIIsiI
::.'— NO L
SECTION 15 I- •��
T-15-N, R-30-W ,
# liil{_� U wrnNx,.xrn..wera..x..,ew
+30.00' 11 AWE, � qc-v v v v v v v
--
f, GPS GAS _ --GAS— AS--GAN ---GAS GAS GAS —GAS--6. .—GAS—GAS—GAS—GAS
fy. E E f Ti C
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�� 1E - � s' 31gc ese �— — — --—\
POB \ \ ✓8 \, \ -� E215YIho
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n \\ `\\ -� `' 1 ENE'07'CE N \ \ iH'iE=155.10 �i \ 1 TRACT
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(SEE VARIANCE/1)
11w er
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th'bE51GN,
n ♦ 1 �v 3 RFAR�Y
PNEPFAIY nwAAIACEN1Y1TOft. >
1165-1M03..pap �\ 1�\ I \� 7 �•f. I ." _m `m
N,em ton m].11 11 k \
L Bnlomhl F. \ ` ` `� �i m - '' �•• n..xnc`°
>wy •� 4 V �� ` \�` �i ir W All F71c 'wooco�" Inters
d..e 2003-174ss:s16_m. \ `� ` \� -' -, � %�" '•
'STONE _ REVISION #i
♦♦ PROPOSED CUM - _: 9NE0 OUTCROPPING (ttP.) 1
ul_RYEv KWINPTM• A peN of the NM/1 W Ute SEI/4 of 5iallpn 15, 'E�` _ \ 1 19.195 Sr _� -I ---�`
TON vl 19 Nhlh, Rrnye 30 Will being mere wrtic nrly deearAm m f iidw: :xI� _ Vl\ ``�
6egwnwq of a %4 reel Inco od S99'b 05'E 30.0 feel am SMn2'33�W 29.27 ,Ir� ♦ \ `� \
feel Tram the NKlheeet Cam. of the NWI/1 01 the 31/1 of void Sedr. I5, �\ ♦
thence S99Y0'99'E 3]5.12 feel Hong Me Soeln right-of-why line of Lighlm `� HrG
Tr�; WidowimvEg mid right-ol-ray and muting Sw4o'A]'W vel reel; \Nleece N9S'S9-WW 15.95 hell thence SOI]d3WW 136,99 feel leo ${"ental 0O�f � ���Y
IocatM. the North AgNl-of-noIlan of E. Rgen M. then.NerthmlKly GI �. \along mad right-el-vaF N631902'W 90.69 feel, N56V7'A2W 100.99 feet, ,N51Z1'19'W 213.69 I", la a N"retlor and NGDIW33-C 13.95 feel 1n the PWnI ppr•
or beglan' co"dirtnq 1,2s acres, mon w him, city of PaNtlear,, � �. ♦ f' ` \
Way,inglan Carn1,MNmwa Q ♦ \
and lNe w o 2s mot elle Deal el 5 at Page alnity a the Gi atony the South / \\
end West Ihlee ae Wed m 6aok 905 0! Page B62 in the 011raa of Ins Clrevfl \ r
CraftWOMfnglon County. MAmeee, end Orly OMW edeerneew and/IX
rlgM-et-says OI re.rd. "\ \e`.i ♦® \ ``.\ - , KATHY
FLe rsmxlrolRu� The herein der+a
eed shi
Irml is nal shin Me 169 '\ \1^C'f\' \ `\ THOMPSON
m
"or naPlain PW MM mad m. 05113C9992C dated 7/21/99. f, ..` V \ ```. r I 1 \- PROPERTY
ONSI \ \
doom FOR I7iArmid *Rol of wrwy for/11/0 glen Coynly Abelreal `lam
done M Alan ReAI !Aeeeelalo dalm ]/H/94.
n+Y f ` _
dQ1E U am"whom M. nen Y" of ar the lime of w am no
record dear[n Wee made to Kat! My YMKgIWnd Ylililiee and/IX LLLT•U' \ � ` � � -
\` �■wq � 793ELIGHTONTRAIL
M1111101 W-41
setbaan: ("Orty is a Port of the NH00) •�, E•\ \V\ \ W� FAYETTEVILLE,AR
Fantiv
ewe s' ` f Nall
ReK I9'
LEGEND, °\ \e' ♦ �` ��—� 1 , LOT SPLIT
—'—e— FENCE LINE ❑ WOODEN SAKE \
—,v--- TELE LINE • "TEF Ill �� \ ISSUED FOR
—ee—m— OILS LINE O FOUND IRON PNR `� \f se♦ \4 `, ``r�.� REVL R
. "TER UNE f1 UTIU]Y POLE
-I—i c- GVERHEA7 ELECTRIC LINE O EUA HOLE "\-. \ \ I
.-.. ROCK WALL • CIS METER �I
.......... URLOY EASEMENT I •.,` DAWAF N111
GRAVEL "tea\L I. d 1 oNWx IE IM
MROMIO SETBACK `\ ® OAIE 5-E 11
PROPERiI' UNE/ROW � ROCK SURFACE ��•
CONTOURS ® ROCK WALL 0000 COMMON SCALE:
SANITARY SEWER LINE 1-1 MOW WALL POOR CONDITION �`
SS Y HOLE F-1STOREctlya OPPdIC F`
"� `.VARIANCE#1
Q FOUND IRON AN ❑ CONCRETE SURFACE \" '� APPLICANT REQUESTS VARIANCE FROM
THE MINIMUM LOT SIZE REOUIREO BY
9SF-4 ZONING.
VARIANCE#2
APPLICANT REQUESTS A VARIANCE FROM
THE 15'FRONT SETBACK IN ORDER TO July 11,2011 SITE PLAN
BRING THE EXISTING STRUCTURE INTO Board of Adjustment
CONFORMANCE BOA 11-3852 Thompson
Agenda Item 2 SHEET 1 OF 2
Page 20or 23