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HomeMy WebLinkAbout2011-08-01 - Agendas • Tae;ile 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 G.'IETCIDevelopment Services Review120111Denelopmenl ReviewVO-3874 BOA 1705 GarfandlBOA107-11-111Cmn'nen[B d pf Ad,Moldet �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 G:IETCIDerelopment Services Reviewl201lIDecelopmeni R¢viewl11-3874 BOA 1705 Garland(Moldenhauer)W BOA IO6d6rd of Adjustment 20111Coranents and Redlines BOA11-3874 Moldenhauer 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 G:IEMDevelopnenl Services Review110111Developnent Review111-3874 DOJ 1705 Garland(Moldenhauer)107 BOA 10of Adjustment 20111Co n rents and Redlines BOA11-3874 Moldenhauer 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 Gr1ETCIDevelopment Services Review1201 PDevelopment Reriew111-3874 BOA 1705 Garland Woldenhaue,)107 BOA WiZrd of Adjustment 20/PComments and Redlines BOA11-3874 Moldenhauer 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 2:111 C mmenopmenl Services Recieu42l1111Derelopmen!Reviewll l-3874 BOA /705 Garland(Moldenhauei)107 BOA IO -yard of Adjustment 7lI711Comrnents and Redlines BOA11-3874 Moldenhauer 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 1300 12 OO 1100 r+ NLc Con- 3EC. /00 1 Z15, 90,E �r. li i n I r u n II c/ 1 7-7 aQ y !S- 17 = 16 = 15= 1¢ = 13= 12 = !1 = f0 p O o !9 `1306 zS4 z4z 120 218 IZo6 //�0 11sg Nab 1� 7 O N n 1r 1r n p rl rf n' Ir p, n yp MAxWELL _ DRIVE 140 �1 rr 11 µrO rf Ir O O I63 x !3117 i255 1243 Izay Izo7 1171 1lS9 /14,.y 1135 SIA`�.�6 pip 20 .N ° 4,3- 44 = 45= ¢6 - Z47 - 4$ 4.9 = 50 = S7 g " 1 161' �- . 2I�' opt o ���r•1yA _ LJ 2 o = 4Z- ¢I - 4.0 - 39 - = 38 - 57 3G 35 - 3¢ 13D6 Izs41r-42 /Zzc 1,306 174) /158 1146 rl v rr pr gp rr '( I if - If [I -- �b1AXWE1-L DRIVE $ �— G 7r ft nJ Zg in/M71z5"s- iz¢31x3111' 07 1171 1159 /14&7 11 SS! O 24 25- 26 27 Z 29 3+7 3/ 32 33 O 1 1 ZlSr a if r7 n N n Ir n p ' 75' LO IRON 1 IFeO N. Or MAXWELL ADDITION TO FAYETTEVILLE W j ARKANSAS }� August 1,2011 Board of Adjustment BOA11-3874 Moldenhauer Agenda Iterrt,2 SCS G�of/12= ZOO v s O °rt,aE� � :1{}7e"..I'(Si 'vE)(:1 ?; 3 c GARLAND _ ? + } - ASPHALT (60' R/W) Y � > N r Y/ `N r _^ d � / oar r�znc +o r C r:. d o 0 0 .�� r ^ u r `t Z r r r efn z. m 1 ^r o 7 ¢ + O s' 1 1 afe I a� IT CL 0 a 0 W oM Y,"✓ir ._ _... ..v✓ sur. «r s HMN M ,89'0 i p H�Wd - O ni[ I Y W G T I � � EIw U August 1,24,11 .....- ---- ------- --.._ ------ ----- - ----------- .Board of.Adjustment BOA11-3874 Moldenhauer Agenda Item 2 Page 8 of 12 rASO& NMI 904 22 as �} � § � •. � .. �# ?OR ¢ Epp $ ' } jyj Al tit 'f y" .�re" ij k # Nt,TORT dF €' # As Ogg m pi �€ z s 5- � 4p# R, r v # g#°L Up Vol -gag WON mm"K 1.7 fly 3 � `�� � k✓Tr' _ F_ TT QQ �. • mM. sem ' M . .- BOA11-3874 MOLDENHAUER Close by View BEL AIR DR w W 7 Q �l SUBJECT PROPERTY a w a � z z r RSF4 MAXWELL DR RMF-24 W 6 z 0 w z z 0 HICKORY 37 Legend MAXWELL DR ........ 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F .i 0 0.25 0.5 1 `- M les Au ust 1,2011 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 vevi i 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 August 1,2011 G:1=0evelopment Services Reoiewl20111Developrnent Revieivl 11-3795 BOA 6855 W Wedington Drive(Guist)WI BOAIO94ird of Adjustment 201 DComments and Redlines BOA11-3795 Lois Guist Agenda Item 3 Page 1 of 44 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: August 1,2011 G:IETCIDevelopment Services Review120110evelopinenl Review111-3795 BOA 6855 W Wedington Drive(Guist)WI 80A1080ard of Adjustment 01-20111Comments and Redlines BOA11-3795 Lois Guist Agenda Item 3 Page 2 of 44 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 August 1,2011 G:IETCIDevelopment Services Review1201I Mevelopment Review)11-3795 BOA 6855 W Wedington Drive(Guisg101 BOA106oard of Adjustment 01-20111Conunenls and Redlines BOA11-3795 Lois Guist Agenda Item 3 Page 3 of 44 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. August 1,2011 G:IEMDevelopment Services RevleM2011IDevelopment Reviewl11-3795 BOA 6855 W Wedington Drive(Guist)101 BOA108oard of Adjustment 01-20111Comments and Redlines BOA11-3795 Lois Guist Agenda Item 3 Page 4 of 44 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. August 1,2011 G:IEMDevelopment Services Revimw 2011IDevefopmenl RevievvM-3795 BOA 6855 W Wedinglon Drive(Guisl)101 BOA1080ard of Adjustment 01-20111Comnents and Redlines BOA11-3795 Lois Guist Agenda Item 3 Page 5 of 44 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 August 1,2011 G:IETCIDevelopment Services Review120110evelopment Reviewl11-3795 BOA 6855 WWedington Drive(Guist)101 BOA103oard of Adjustment 01-201 PComments and Redlines BOA11-3795 Lois Guist Agenda Item 3 Page 6 of 44 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 August 1,2011 G:IETCIDevelopmenl Services Review1201I Development Reviewl11-3795 BOA 6855 W Wedinglon Drive(Gwse)101 BOA Meard of Adjustment 01-201 PComments and Redlines BOA11-3795 Lois Guist Agenda Item 3 Page 7 of 44 August 1,2011 Board of Adjustment BOA11-3795 Lois Guist Agenda Item 3 Page 8 of 44