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ARKANSAS
THE CITY OF FAYETTEVII.I.E,ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone: (479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
MONDAY, AUGUST 1, 2011 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the July 11,2011 meeting.
Old Business:
2. BOA 11-3874 (1705 N. Garland Avenue/Moldenhauer, 365): Submitted by BUCKLEY BLEW
for property located at 1705 NORTH GARLAND AVENUE. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.20 acres.
The request is for a variance from the lot width requirements to recognize an existing nonconforming
lot of record. Planner: Jesse Fulcher
3. BOA 11-3795 (6855 West Wedington Drive/Lois Guist, 434): Submitted by LOIS GUIST for
property located at 6855 WEST WEDINGTON DRIVE. The property is zoned R-A, RESIDENTIAL
AGRICULTURAL and contains approximately 2.3 acres. The request is for a lot width and lot area
variance to bring a recently installed mobile home into compliance. Planner: Andrew Garner
New Business:
4. BOA 11-3895 (434 W. Holly St./Millwee, 406): Submitted by Grace Millwee for property located
at 434 WEST HOLLY STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE and contains approximately 0.19 acre. The request is for a variance from setback
requirements to allow for the reconstruction of a garage. 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 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
Page 1 of 6
MINUTES OF THE
BOARD OF ADJUSTMENT
A rescheduled meeting of the Board of Adjustment was held on July 11, 2011 at 3:45
p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: June 13, 2011 Approved
Page 2
Old Business:
BOA 11-3852 (793 E. Lighton Trail, 525) Approved
Page 3
New Business:
BOA 11-3875 (510 E. Huntsville, 524) Approved
Page 5
BOA 11-3876 (1528 N. Garland, 405) Approved
Page 6
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Robert Kohler
Kristen Knight
Evan Niehues
Jeff Hagers
Matthew Hoffman
STAFFPRESENT
Andrew Gamer
Dara Sanders
Jason Kelley
Board of Adjustment Chair Sheree Alt called the meeting to order at 3:45 PM.
August 1,2011
Board of Adjustment
07-11-11 Minutes
Agenda Item 1
Page 1 of 6
Page 2 of 6
Approval of the minutes from the June 13, 2011 Board of Adjustment meeting.
Motion•
Board Member Niehues made a motion to approve the June 13, 2011 Meeting Minutes.
Board Member Kohler seconded the motion. Upon roll call the motion passed with a
vote of 4-0-0.
Board Member Knight arrived after approval of the minutes.
August 1,2011
Board of Adjustment
07-11-11 Minutes
Agenda Item 1
Page 2 of 6
Page 3 of 6
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, gave the staff report.
Brian Teague, applicant, discussed the reasons for the applicant's request. He described
rock outcroppings, the house, and garden area.
Kathy Thompson, property owner, discussed that the main reason she wants to do the lot
split is to get a loan to build a second house.
No public comment was presented.
Board Member Kohler, asked why the property line could not be put on the south side
of the rock cropping, which would be in keeping with the natural boundaries on the
property and give adequate room to maintain the retaining wall.
Brian Teague, applicant, explained their reasons for the proposed property lines and the
natural features on the site.
Kathy Thompson, property owner, discussed maintenance preference of certain areas of
the property and her reasons for the proposed property line.
Jason Kelley, Assistant City Attorney discussed that an access easement could prescribe
maintenance of the retaining wall.
Board Member Alt asked how much additional square footage would be gained if the lot
line were brought over two feet.
Brian Teague, applicant, did a calculation that would total 300 square feet.
Board Member Kohler asked why none of the other east-west boundary was moved
further south along the rock outcroppings.
Brian Teague, applicant, discussed maintenance of the rock outcropping area.
Board Member Hoffman asked if this was the historic boundary on the site.
Brian Teague, applicant, answered that it was not a legal boundary but a natural
boundary.
August 1,2011
Board of Adjustment
07-11-11 Minutes
Agenda Item 1
Page 3 of 6
Page 4 of 6
Motion #1 (Building Setback Variance):
Board Member Kohler made a motion to approve the building setback variance to bring
the home into compliance as recommended by staff. Board Member Hoffman seconded
the motion. Upon roll call,the motion passed with a vote of 6-0-0.
Motion #2 (Lot Area Variance):
Board Member Kohler made a motion to approve the lot area variance as requested by
the applicant with the condition of approval that an access and maintenance easement be
provided on Tract B in order to provide adequate space and access rights for the property
owner of Tract A to maintain the retaining wall that is along the property line. Board
Member Hoffman seconded the motion. Upon roll call, the motion passed with a vote
of 5-0-0.
Board Member Hagers arrived after the approval of BOA 11-3852
August 1,2011
Board of Adjustment
07-11-11 Minutes
Agenda Item 1
Page 4 of 6
Page 5 of 6
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.
Dara Sanders, Current Planner, gave the staff report.
Linda Doede, applicant, discussed the details of her proposal.
Board Member Kohler and staff discussed the circumstances that make it impossible to
utilize the rear of the property for parking.
No public comment was received.
Motion:
Board Member Knight made a motion to the request as recommended by staff. Board
Member Niehues seconded the motion. Upon roll call, the motion passed with a vote
of 6-0-0.
August 1,2011
Board of Adjustment
07-11-11 Minutes
Agenda Item 1
Page 5 of 6
Board of Adjustment Meeting
July 11, 2011
Page 6 of 6
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.
Andrew Garner, Senior Planner, gave the staff report.
Kipp Hearne, applicant, gave the background for the request discussing that they were
the original engineer. He explained the reasons for the variance, that the encroachment is
a total of six square feet. He discussed that the current owner is Henry Jordan.
No public comment was presented.
Jason Kelley, Assistant City Attorney, asked if the property lines could be adjusted
resolve the building setback variance.
Garner responded that yes, a property line adjustment could resolve the violation.
Board Member Kohler asked if they were planning on installing a gutter.
Kipp Hearne, applicant, stated `no'.
Motion:
Board Member Kohler made a motion to approve the request as proposed by the
applicant, discussing that the applicant inherited an unforeseen situation with the building
being constructed in the building setback. Board Member Knight seconded the motion.
Upon roll call, the motion passed with a vote of 6-0-0.
There being no further business, the meeting was adjourned at 4:30 PM.
August 1,2011
Board of Adjustment
07-11-11 Minutes
Agenda Item 1
Page 6 of 6
T7aye I le
BOA Meeting of August 1, 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: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: July 20, 2011
BOA 11-3874 (1705 N. Garland Avenue/Moldenhauer, 365): Submitted by
BUCKLEY BLEW for property located at 1705 NORTH GARLAND AVENUE. The
property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and
contains approximately 0.20 acres. The request is for a variance to recognize an existing
nonconforming lot of record. Planner: Jesse Fulcher
BACKGROUND:
Property: The subject property is located on the west side of the intersection of N.
Garland Avenue and W. Sycamore Street. The property is zoned RSF-4 and is currently
undeveloped. The property was platted as Lot 8 Maxwell Addition in the early 1950's
with lot dimensions of 80' by 175' (see plat attached). Shortly after being platted, the
south 30' of Lot 8 was transferred to Lot 7. Staff has found no record of this action. A
survey of the property conducted in 2006 indicates that the actual lot width is 49.25'.
The owner of the subject property also owns an adjacent 2.42 acres that is developed with
a single-family home. Pursuant to 164.12(B)(2) Nonconforming lots of record, the 0.20
acre property and adjacent 2.42 acre property are considered to be an undivided parcel,
and no portion of the parcel may be used or sold in a manner which diminishes
compliance with lot width and area requirements. The surrounding land uses and zoning
are shown in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction from Land Use Zoning
Site
North Single-family RSF-4, Residential Single-Family 4 units per acre
South Single-family RSF-4, Residential Single-Family 4 units per acre
East Church RMF-24, Residential Multi-Family 24 units per acre
West Single-family RSF-4, Residential Single-Family 4 units per acre
Request: The property owner desires to sell the 0.20 acre property and a portion of the
2.42 acres. However, this transaction is prohibited unless a variance for the existing
nonconforming lot is granted. The applicant is requesting a variance from the lot width
requirements to recognize an existing lot of record. City ordinance requires a 70' lot
August 1,2011
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�Oti1`1"�gg/4 Moldenhauer
Agenda Item 2
Page 1 of 12
width and the existing lot is 49.25', a 21' variance.
Public Comment: Staff has not received public comment for this variance request.
RECOMMENDATION:
Based on the findings herein staff recommends approval of the requested lot width
variance (21' variance) with the following conditions.
1. Other than the requested variance, development on the property shall comply
with all development regulations of the underlying zoning district on the
property.
BOARD OF ADJUSTMENT ACTION: O Approved O Denied O Tabled
Date: August 1,2011 Motion: Second: Vote:
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION:
Residential Neighborhood 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. 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 peculiar to this
particular lot. Staff has not found any records of the property line
adjustment that reduced Lot 8 to 501. However, based on the
information available, it is likely that this took place prior to the
house being constructed on Lot 7 in 1956. At this time, Fayetteville
code did not require a minimum lot width, only a minimum lot area of
7,000 sq. ft., which this lot meets. Therefore, it is likely that the
subject property was created in conformance with city code and was
made nonconforming by city initiated code changes in the 1960's.
August 1,2011
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Agenda Item 2
Page 2 of 12
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 the zoning code will deprive the applicant of
rights commonly enjoyed by properties with similar characteristics.
The zoning code grants the Subdivision Committee the authority to
allow a single-family home to be constructed on a nonconforming lot
of record that was platted in a subdivision prior to 1970. This action
would establish the subject property as a separate lot from the
adjacent 2.42 acre lot, and allow the property to be sold. However, the
potential buyer has no desire to build a home on this property at this
time. This literal application of the code requires the applicant to
construct a home on the property, or request a variance from the lot
width requirements.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: Research indicates that the lot configuration was created by the
property owners in the 19501s, prior to the current zoning regulations
and prior to the current ownership. Therefore, the special conditions
unique to this property were not an action of the current applicant.
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: Chapter 164.12 allows a nonconforming lot to be developed and sold
to a new owner, but only if a new single-family home is to be
constructed. Otherwise, the lot is considered to be an undivided parcel
and can't be sold to a new owner. Granting a variance for an existing
50' lot is no different than allowing a house to be constructed on a 50'
lot and therefore does not confer on the applicant any special
privilege.
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.
Au$ust 1,2011
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Agenda Item 2
Page 3 of 12
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, July 11, 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 lot width variance is the minimum variance necessary to
recognize the existing nonconforming lot.
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: Allowing an existing nonconforming lot of record to be developed with
a single-family home or to be held undeveloped is in harmony with the
general purpose of the zoning chapters. Either use of the property is
compatible with surrounding properties and the 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 has recommended conditions of approval.
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
Aug9ust 1,2011
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Agenda Item 2
Page 4 of 12
164.12 Nonconforming Uses And Structures
(A) Intent.
(1) Within the districts established by this chapter or amendments that may later be adopted, if
there exist lots, structure, uses of land and structures, and characteristics of use which are
lawful before this chapter was passed or amended, but which would be prohibited, regulated,
or restricted under the terms of this chapter or future amendment, it is the intent of this
chapter to permit these nonconformities to continue until they are removed, but not to
encourage their survival. It is further the intent of this chapter that nonconformities shall not
be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures
or uses prohibited elsewhere in the same district.
(2) It is not the intent of this section to prohibit the improvement of nonconforming residences by
adding bath facilities or connecting to utilities as long as the bulk and area requirements of the
RMF-40 District are met.
(3) Nonconforming uses are declared by this chapter to be incompatible with permitted uses in
the district involved.
(4) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of
a structure and land in combination shall not be extended or enlarged after passage of this
chapter by the addition of other uses of a nature which would be prohibited generally in the
district involved.
(B) Nonconforming lots of record.
(1) Single-family dwellings. In any district in which single-family dwellings are permitted, a
single-family dwelling and customary accessory building may be erected on any single lot of
record at the effective date of adoption or amendment of this chapter, notwithstanding
limitations imposed by other provisions of this chapter. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same ownership. This
provision shall apply even though such lot fails to meet the requirements for area or width, or
both, that are generally applicable in the district, provided that setback dimensions and
requirements other than these applying to area or width, or both, of the lot shall conform to
the regulations for the district in which such lot is located. In a previously developed
subdivision, platted prior to June 29, 1970, and with the approval of the Subdivision
Committee, a new single-family dwelling, or an addition, or repair to an existing single-
family dwelling may be constructed in all residential zones in keeping with the existing
standard in the neighborhood so long as the interior side setback is no less than five (5) feet.
Variance of setback requirements shall be obtained only through action of the Board of
Adjustment.
(2) Combined lots. If two or more, or combination of lots and portion of lots with continuous
frontage in single ownership are of record at the time of passage or amendment of this
chapter,and if all parts of the lots do not meet the requirements established for lot width and
area,the lands involved shall be considered to be an undivided parcel for the purposes of this
chapter,and no portion of said parcel shall be used or sold in a manner which diminishes
compliance with lot width and area requirements stated in this chapter. The prohibition
prescribed hereby shall not apply to a nonconforming lot on which a principal structure
existed on the effective date of adoption of this chapter and which adjoins a nonconfonning
lot on which a principal structure existed on the effective date of the adoption of this chapter.
ust 1,2011
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Agenda Item 2
Page 5 of 12 ',,
Blew ( SSOCiateS, P. A .
Professional Land Surveyors
524 W. Sycamore Street Suite#4 Fayetteville, AR 72703
PH: 479-443-4506* FAX: 479-582-1883
http://www.blewinc.com
Fayetteville Board of Adjustments
125 W. Mountain
Fayetteville, AR 72701
RE: 1705 Garland
To Whom It May Concern:
Please accept this letter as a formal request for a variance for Tim Moldenhauer. The property
has a charming rock house built approximately in 1937 that adds to the character and uniqueness
of Fayetteville and has a total of 2.30 acres which is also very unique given its location. Tim
would like to find a way to preserve the value, property, integrity, and usefulness of each property
as much as possible.To make the property fit into code, it would significantly damage the value
and overall appeal of one of the two properties. If the full 70'of frontage is required to access to
the land in back,this would make is so that there is not viable access to the current homes'
garage and driveway. This would deteriorate the look and appeal of the home and property on a
road which is heavily traveled and, with the upcoming improvements,will be part of a focal point
in the community. If this variance it given, it will also allow the infill of land near the University
which is needed at this point.
Below is the variance Tim Moldenhauer is respectfully asking for,
1. The platted 50' road frontage of Parcel#765-08115-000 be approved.
Thank you for your consideration in this matter. Please call if you have any comments or
questions.
Sincerely,
Michael Sabo
August 1,2011
Board of Adjustment
BOA11-3874 Moldenhauer
Agenda Item 2
Page 6 of 12
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BOA11-3874 Moldenhauer
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Subject Property
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Board of Adjustment
BOA11-3874 Moldenhauer
Agenda Item 2
Page 11 of 12
August 1,2011
Board of Adjustment
BOA11-3874 Moldenhauer
Agenda Item 2
Page 12 of 12
ye
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BOA Meeting of August 1, 2011
ARANSAS
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: July 25, 2011
BOA 11-3795 (6855 West Wedington Drive/Lois Guist, 434): Submitted by LOIS
GUIST for property Jocated at 6855 WEST WEDINGTON DRIVE. The property is
zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 2.3 acres.
The request is for a lot width and lot area variance to bring a recently installed mobile
home into compliance. Planner: Andrew Garner
BACKGROUND:
Property Description: The subject property is located at 6885 Wedington Drive, contains
approximately 2.3 acres and is zoned R-A, Residential Agricultural. This property was
annexed into the City of Fayetteville by general election in 2006. There are three
residences on this property as follows:
Address Size (sci t.) Year Constructed Type Residence
6885 Wedington 1,377 1957 Single family detached
6859 Wedington 570 1972 Detached one-bedroom apartment`
6855 Wedington 1,725 2010 Mobile home
'The detached one-bedroom apartment has been approved as an accessory dwelling unit in compliance with UDC
Section 164.19(D).
The surrounding land uses are mixed given that this area was very recently annexed into
the City and was not subject to zoning regulations until five years ago, at which time the
default R-A zoning district was assigned. Surrounding land uses include undeveloped
pasture, duplexes, a single family home and a mobile home as indicated in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Duplex R-A, Residential Agricultural
South and West Undeveloped pasture R-A, Residential Agricultural
East Single Family Residential; Mobile Home R-A, Residential Agricultural
Utilities: This area of Fayetteville does not have access to public sewer and is serviced by
the Washington Water Authority. All dwellings on this property are on septic systems
and serviced by Washington Water Authority. The primary dwelling at 6885 Wedington
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and the small one-bedroom apartment at 6859 Wedington have shared the same water
line since 1972, when the apartment was constructed and connected to the Washington
Water Authority system.
Mobile Home Regulations: Mobile homes are regulated by the federal government under
HUD (Housing and Urban Development) regulations. The City of Fayetteville does not
have the authority to inspect mobile homes. However, if a mobile home is installed in the
City, the utility connections to the mobile home are permitted and inspected by the City's
Building Safety Division. City zoning regulations allow new mobile homes only within
the R-A, Residential Agricultural zoning district.
Mobile Home Installation at 6855 Wedington Drive: The applicant installed a mobile
home on the subject property in 2010. As discussed in the applicant's letter, prior to the
installation of the mobile home they came in to the City Development Services office on
two separate occasions and asked if a mobile home was permitted on their property.
According to the applicant they were told by City staff both times that the property was
zoned R-A and a mobile home was permitted. The water service for the mobile home was
permitted through the Washington Water Authority and a septic system was permitted
through the Arkansas Department of Health. The applicant obtained an electrical permit
through the City of Fayetteville Building Safety Division. All permits were obtained and
inspections approved. In January 2011 the City received a complaint from a neighbor
about the mobile home at 6855 Wedington. After researching the property City Planning
staff determined that the recently installed mobile home was in violation of the zoning
code because the lot width and lot area were not large enough to accommodate a second
primary dwelling. A violation letter was issued to the property owner (the applicant). The
applicant has submitted request to the Board of Adjustment in an effort to resolve the
violation.
Request: The applicant requests Board of Adjustment approval of a lot width and lot area
variances to bring the recently installed mobile home and the overall property into
compliance. The variance requests are shown in Table 2.
Table 2
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Lot area 2 acres per dwelling 2.3 acres for two rimar dwellin s 0.70-acre variance
Lot width 200 feet per dwelling 183 feet for two primary dwellings (217-foot variance)
Public Comment: Staff has received public comment which is attached to this report.
CITY PLAN 2030 FUTURE LAND USE PLAN DESIGNATION:
Residential Neighborhood Area
RECOMMENDATION:
Staff recommends approval of BOA 11-3795 subject to the following conditions of
approval:
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Conditions of Approval:
1. In order to address the visual impacts of the mobile home and appearance of
overall increased density in the R-A zoning district associated with reduced lot
width and lot area, the applicant shall install an evergreen vegetative buffer to
screen the west and south sides of the mobile home from view of the adjacent
property owner. The buffer shall be planted as follows:
a. Provide a year-round evergreen vegetative screen of the west and
south sides of the mobile home.
b. Be at least 15 feet wide.
C. Be planted at a density sufficient to become view obscuring within two
years from the date of planting.
d. Evergreen trees shall have a minimum height of eight (8) feet at the
time of installation in accordance with UDC Section 177.03(C)(7)(b).
e. The plant species and spacing shall be presented by the applicant to
the Urban Forester for approval prior to installation.
L Be planted in an appropriate planting season, but no later than
December 1, 2011.
g. Be inspected by the Urban Forester and City Planning staff for
compliance with this condition.
2. This variance does not grant approval of a building setback variance. The
mobile home shall be in compliance with the setbacks of the R-A zoning
district: Front 35 feet; Side 20 feet; Rear 35 feet. The building setbacks shall
be inspected by City staff with assistance from the applicant to locate the
property lines.
3. Should the mobile home be removed it may not be replaced.
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied ❑ Tabled
Date: August 1, 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. Special Conditions. That special conditions and circumstances exist
which are peculiar to the land, structure, or building involved and which
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are not applicable to other lands, structures or buildings in the same
district.
Finding: Special conditions exist that are peculiar to the land and buildings
that have resulted in the need for variances. The subject property was
developed for a single family home in the 1950's and a garage
apartment in the 1970's. The property was recently annexed into the
City in 2006 and has been subject to City zoning ordinances for only a
few years. This area of Fayetteville does not have access to public
sewer and is serviced by the Washington Water Authority. All
dwellings on this property are on septic systems and serviced by
Washington Water Authority. The primary dwelling at 6885
Wedington and the small one-bedroom apartment at 6859 Wedington
have shared the same water line since 1972, when the apartment was
constructed and connected to the Washington Water Authority
system. The applicant recently installed a mobile home in 2010 and
obtained all necessary permits as follows: Washington Water
Authority (water tap), Arkansas Health Department (septic system),
City of Fayetteville (electrical permit). Because mobile homes are
regulated by the federal government the City does not have
jurisdiction to inspect the physical structure and a building permit is
not required. All of these factors and various jurisdictional reviews
resulted in the mobile home being installed on a lot that was not big
enough, in terms of lot width or lot area, to accommodate an
additional primary dwelling unit. Staff feels that all of the above-
mentioned factors created an unusual situation that resulted in a
hardship for the applicant. While staff does not encourage installing
or permitting new structures that violate the zoning ordinance, this is
a unique situation and staff feels the variances are warranted.
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: If the variances are denied the applicant could still utilize the
property for a primary dwelling and accessory dwelling that have
been on the property for several decades. However, the applicant
evidently went through the appropriate permitting process for the
installation of the mobile home in 2010 and ended up in violation of
the zoning code. It is a normal expectation for a property owner that
attempts to go through all required permits to end up with a finished
product that is in compliance.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
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Finding: The special conditions requiring the variances are not a result of the
actions of the applicant, but rather because of a `loophole' in the
permitting process for mobile homes, and because of the location of
this property within various jurisdictions for different permits. The
circumstances requiring the variances are not a result of the actions of
the applicant.
Further, the lot was platted several decades ago in compliance with
the lot width and area requirements of properties located in the
county.
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: Staff finds that granting the variances that will allow for the mobile
home to remain will not confer special privileges on this applicant,
due to the reasons stated earlier in the report that led to the need for
the variances. Staff has recommended a condition of approval that
will not allow the mobile home to be removed and replaced with a
permanent structure or allow these variances to apply to the future
redevelopment of this parcel. With this condition staff does not feel
that this would be a special privilege. It should be noted that it is a
common condition for other properties in this immediate vicinity,
including the adjacent property to the east, to have multiple dwellings,
including a mobile home, on one parcel. This is likely a result of being
regulated by the Washington County government, whose regulations
are significantly different the City regulations, until the recent past.
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.
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Finding: A public hearing is scheduled for Monday, August 1, 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: Staff finds that the requested variance is the minimum variance
needed in order to permit existing situation to remain on the property
with two primary dwellings, including the mobile home installed in
2010. If these variances are not granted one of the primary structures
would have to be removed. As discussed in the findings throughout
this report, staff feels that the variances are warranted due to the
unusual circumstances that led to the violation. Staff feels that it is a
reasonable request of the applicant to allow the mobile home and the
older residence to remain on the 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: This is a predominantly rural area that was not subject to zoning
regulations until five years ago when it was annexed into the City. As
a result, it is a common condition to see a variety of dwelling types
and accessory structures including mobile homes, duplexes, and single
family residences mixed with agricultural use. The proposed
variances would not be inconsistent with the character of this area of
the City. However, staff finds that the variances would not be in
harmony with the Zoning Code as the R-A zoning district is intended
to be developed in a greenfield situation with one home per two acres
and at least 200 feet of street frontage per home. The proposed
variances would almost double the density over that allowed by right,
and would result in a situation where there would be less than half of
the required street frontage. These regulations are intended to result
in a rural development pattern with large amounts of land associated
with homes to encourage agricultural uses, increase scenic
attractiveness, and conserve open space. By permitting the variances
the appearance of two primary dwellings, including a mobile home,
may result in adverse impacts to surrounding properties in terms of
residential density, aesthetics, and conservation of open space. The
recently installed mobile home is very visible along the west and south
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property lines. In order to address these potential adverse impacts
staff recommends that the mobile home be screened from view from
the surrounding property to the west and south with evergreen
plantings. This condition of approval should help mitigate the adverse
impacts associated with the variances.
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 of approval on page two of this
staff 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: N/A
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August 1,2011
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