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Home My WebLink About2013-11-04 - Agendas • Taeiile ARKANSAS THE CITY OF FAYETTEVILLE,ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephone: (479)575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT MONDAY,NOVEMBER 04, 2013 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the October 7, 2013 meeting. New Business: 2. BOA 13-4508: Board of Adjustment (603 Vinson/Lefler, 447): Submitted by BATES & ASSOCIATES for property located at 603 N. VINSON. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.32 acres. The request is for variances to the lot area requirement and the side setback. Planner: QuinThomuson 3. BOA 13-4530: Board of Adjustment (629 S. Skyline Dr./Clark, 486): Submitted by MOLLY CLARK for property located at 629 SOUTH SKYLINE DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.09 acres. The request is for a variance to the side building setback to bring an existing structure into compliance and to permit a new addition into the building setback. Planner: Andrew Garner 4. BOA 13-4531: Board of Adjustment (1633 W. Stone St./Meyer, 521): Submitted by MIKE WHITEHEAD for property located at 1633 WEST STONE STREET. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.17 acres. The request is for lot width and lot area variances to subdivide a lot property into two lots. 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. • 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. 2013 Board of Adjustment Members Kristen Knight (Chairman) Jeff Hagers Evan Niehues Tim Stein Matthew Hoffman MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on October 7, 2013 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: September 9, 2013 Approved Page 2 New Business: BOA 13-4509: Board of Adjustment(491 Fairway/Jarrett, 680): Page 3 Approved MEMBERS PRESENT MEMBERS ABSENT Jeff Hagers Evan Niehues Tim Stein Matthew Hoffman Kristen Knight STAFFPRESENT Jesse Fulcher The meeting was called to order at 3:45 PM. Upon roll call all members except Niehues and Hoffman were present. Board of Adjustment November 4,2013 Agenda Item 1 10-07-13 Minutes Page 1 of 4 Approval of the minutes from the September 9,2013 Board of Adjustment meeting. Motion• Board Member Stein made a motion to approve the September 9, 2013 Meeting Minutes. Board Member Hagers seconded the motion. Upon roll call the motion passed with a vote of 3-0-0. Board of Adjustment November 4,2013 Agenda Item 1 10-07-13 Minutes Page 2 of 4 BOA 13-4509: Board of Adjustment (491 Fairway/Jarrett, 680): Submitted by GRAY ROCK CONSULTING for property located at 491 E. FAIRWAY. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.15 acres. The request is for a variance to the side building setback to bring an existing structure into compliance. Jesse Fulcher, Current Planner read the staff report. No public comment was received. Commissioner Hagers asked if the house could be expanded further into the setback. Futcher stated the variance only applied to the portion of the house that was already in the setback. New additions must meet setbacks. Dirk Thibodaux, applicant, stated that the home owner never realized that there was an issue until they receive a survey. Just trying to clear it up now. Commissioner Knight asked if there was an issue with the utility easement. Fulcher stated that the easement would have to be vacated by the City Council through a separate application process. Motion: Board Member Stein made a motion to approve BOA 13-4509. Board Member Hagers seconded the motion. Upon roll call the motion passed with a vote of 3-0-0. There being no further business, the meeting was adjourned at 4:00 PM. Board of Adjustment November 4,2013 Agenda Item 1 10-07-13 Minutes Page 3 of 4 Board of Adjustment November 4,2013 Agenda Item 1 10-07-13 Minutes Page 4 of 4 • Faye evele BOA Meeting of November 04, 2013 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: Quin Thompson, Current Planner THRU: Andrew Gamer, Planning Director DATE: October 29, 2013 BOA 13-4508: Board of Adjustment (603 Vinson/Lefler, 447): Submitted by BATES & ASSOCIATES for property located at 603 N. VINSON. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.32 acres. The request is for variances to the lot area requirement and the side setback. Planner: Ouin Thompson BACKGROUND: Property Description &Background: The property is located at 603 N. Vinson Avenue and consists of two legal lots containing approximately 0.33 acres. One of the lots, (Parcel 765-08614-000) has frontage on Vinson Avenue and contains approximately 7,366 SF. This lot has an existing home, built around 1950. The other lot (Parcel 765-08614-000) has no street frontage and contains approximately 6,968 SF, and is on ground with a very steep slope throughout. Proposal: The applicant would like to adjust the property line between two lots, one of which is non-conforming, in order to create a buildable lot with frontage on Vinson Avenue, and to bring an existing home into compliance with setback requirements of the RSF-4 zoning district. Variance Request: The applicant requests three variances: 1) A variance of 1,764.1 square feet from lot area minimums on proposed tract A. 2) A 5' variance of the side setback on proposed tract B, in order to bring the existing home into compliance. 3) An 11' variance of the front setback on proposed tract B, in order to bring the existing home into compliance. It should be noted that a portion of the home extends over the south property line and in to the adjacent alley. In order to bring the home into compliance, the alley would have to be vacated by City Council and the land deeded to the property owner. This issue is not being addressed by this request. G:IETCIDevelopmenr Services Review120131Devclopment Review113-4508 BOA 603 N. Vinson(Jim Lefler)0oard ofAdjusrmengos'01 of Adjustment 20131Comments and Redlines November 4,2013 Agenda Item 2 BOA134508 Lefler Page 1 of 18 Table 1 Surroundingan Use/Zonis Direction from Site Land Use Zoning North, West, East, South Residential RSF-4, Residential Single-family, 4 units per acre Public Comment: Staff has had meetings with neighbors who have expressed concern about a variety of issues relating to recent work on the subject properties, and concern for the impact that future development could have on their own property values. RECOMMENDATION: Staff recommends approval of variance request 1,finding that there is a hardship created by the steep terrain that does not feasibly allow Rebecca Street to be extended to create street frontage on the lower lot. Staff recommends approval of variance requests 2 & 3, in order to bring an existing non-conforming structure into conformance with City of Fayetteville zoning codes. Conditions of Approval: 1. Future building permits for the lots shall comply with all applicable ordinances, including Hill-Top / Hill-side overlay requirements which require 30% minimum canopy preservation and no disturbance prior to grading permit approval. 2. The lot shall be reviewed for prior tree removal at the time of building permit. 3. The variance shall not be in force until the sewer extension is complete and the plumbing permit is finalized. 4. Maximum lot coverage shall be 40%, in accordance with RSF-4 zoning requirements. BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑Denied Date: November 04,2013 Motion: Second: Vote: Note: FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area G:\ETC\DeveIof3mentSmices Review\2013\Development Review\13-4508 BOA 603 N.Vinson(Jim Lefler)\Board of Adjustm�noalyd of Adjustment 04-2013\Comments and Redlines November 4,2013 Agenda Item 2 BOA134508 Lefler Page 2 of 18 FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: (B)Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; Finding: Staff finds that special conditions and circumstances unique to this property cause undue hardship. The home was constructed approximately 73 years ago, and is within current setbacks. Parcel 765-08614-000 is a non-conforming lot without street frontage, as Rebecca Street was never completed and connected to Vinson, likely due to the extreme grade which would make a street unfeasible. (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: The neighborhood is composed generally of large lots of 1/3 acre or larger, however there are a number of smaller undeveloped lots that have the potential to be built in the future. Granting the variance will not likely be injurious to the neighborhood or otherwise detrimental to the public welfare. (C)Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land, building or structure. Finding: Tract A: Staff finds that the variance is greater than necessary. Minimum lot area requirement in the RSF-4 zone is 8,000 square feet. The proposed Lot B will be 9,064 SF, or 1,064 SF larger than required, while Lot A will not meet the minimum area requirement. Tract B: Staff finds that granting the variance will bring the property into conformance and eliminate an existing non-conforming condition which prevents issuance of building permits for the improvement of the property. GAETC\Development services Review@0 t3\Development Review\13-4508 BOA 603 N.Vinson(Jim Lefler)\Board of AdjusuTt,\1 of Adjustment 04-2013\Comments and Redlines November 4,2013 Agenda Item 2 BOA134508 Lefler Page 3 of 18 (D)Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Staff has recommended conditions of approval. (E) Non-permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: The RSF-4 zoning district allows single family residential use. QTTCTevclopment Services Review+20IMIDevelopment RevicwWAS0S BOA 603 N.Vinson(Jim LcflG)1Buard ar Adiustl�and of Adjustment 04-20MCommand d Redlinv� November 4,2013 Agenda Item 2 BOM 34508 Lefler Page 4 of 18 161.07 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 Cit -wide uses by right Unit 8 Sin le-familydwellings Unit 41 Accessa dwellin s (2) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage HousinDevelopment (C) Density. Single-family Two-family dwellings dwellin s Units per acre 1 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellin s dwellings Lot minimum width 70 ft'. 80 ft. Lot area minimum 8,000 sq.ft. 12,000 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 I Side Rear 11 15 ft. 5ft 15 ft. G:\ETC\Development Services Review\20131Development Review\13-4508 BOA 603 N.Vinson(Jim Lefler)\Board of Adjustngralla of Adjustment 04-2013\Comments and Redlines or November 4,2013 Agenda Item 2 BOM 34508 Lefler Page 5 of 18 (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),646-98;End. 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;Ord.5462,12-6-11) 164.12 Nonconforming Structures, Uses And Lots It is the intent of this section to regulate nonconforming structures, uses or lots that are created when zoning designations or regulations are created or changed such than an existing lawfully established structure, use, or lot no longer conforms to the regulations of the Unified Development Code. It is also the intent of this section to permit nonconformities to continue as they exist presently and to guide future uses and development to be consistent with the City's planning policy and regulations. (C) Nonconforming Lots. Lots that do not fully meet the requirements of the Unified Development Code to be considered a conforming lot for development, and thus are considered nonconforming lots, may be utilized for development in accordance with the following provisions: (1) A proposed structure must meet all applicable building setbacks, height and lot coverage requirements and other applicable zoning and development codes, with the specific exception of the reason for which the lot is nonconforming. (2) Such lot shall have frontage onto a public street, and water and sewer shall be provided to the lot at the time of development. (3) Such lot shall have at least 50% of the required lot width and area of the underlying zoning district. (4) A nonconforming lot that does not meet the provisions above may be brought into conformity by way of an approved variance from the Board of Adjustment, a rezoning action, or by combining a lot(s) in order to meet the standards of the underlying zoning district. A lot that was established unlawfully shall not be considered a legal lot of record for the purposes of this chapter and no building or development permit may be granted until the lot is legally established as provided herein. (Code 1965, App. A., Art. 4(1), (2), (4)--(7); 5(8); Ord. No. 1747, 6-29-70; Ord. No. 1806, 7-16-71; Ord. No. 1891, 12-5-72; Ord. No. 2126, 7-14-75; Ord. No. 2505, 2-20-79; Ord. No. 1918, 5-15-83; Ord. No. 3114, 9-3-85; Ord. No. 3124, 9-17-85; Ord. No. 3130, 10-1-84; Code 1991, §§160.135-- 160.142; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 4930, 10-03-06; Ord. 5312, 4-20-10; 5453, 10- 18-11) G:\ETC\Development Services Review\2013\Development Review\13-4508 BOA 603 N.Vinson(Jim Lefler)\Board of Adjustment\I I- 04-2013\Comments and Redlines Board of Adjustment November 4,2013 Agenda Item 2 BOM 34508 Lefler Page 6 of 18 Associates, I nc_ ` Civil Enginwdnp A%Surveft 91 W.Colt Square Dr.Suite 31 Fayetteville,AR 72703 PH:479-442-9350" FAX:479-521-9350 September 9,2013 Planning Staff City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: 603 Vinson Board of Adjustment Variance Request Dear Commissioners, Jim Lefler, the owner at 603 N. Vinson, would like to request two variances from the Board of Adjustments. To avoid requesting variances we've attempted to vacate our half of the alley to the south and our half Rebecca to the North,however,recently there has been a shift in the policy within the City of Fayetteville to require all owners on the a right-of-way sign the vacation request. In the past one was able to vacate his own half in certain situation without vacating the whole alley. This seems like the natural circumstance for such a request. In addition, other houses in the past near this location have been able to vacate portions of alleys without all adjacent owners signing. The owner across the street has the majority of his driveway in Rebecca Street, and many other property owners are using the alley as if it's their property through fences and maintenance. 1. A variance to the total square footage of the property from 8,000 sf to 6,236, a variance of 1, 744. a. The special circumstance that exists for this property is the difficult topography and layout of the existing lots. Currently, there are two buildable lots of record oriented towards E. Rebecca Street. At this section of Rebecca St. the street is especially steep. The natural orientation of the lots is towards N. Vinson Ave. b. Literal interpretation of the ordinance would deny the applicant rights commonly enjoyed by others,since portions of alleys with these circumstances have been vacated in the past. C. Special circumstances are not the result of the applicant. Two lots currently exist. This would merely be a lot line adjustment. The topography is no control of the owner, nor, is the existing orientation of the lots. d. This would not confer special privileges onto Jim that are not granted in other locations. In the past portions of alleys have been vacated. There are two existing parcels, where the orientation merely needs to be corrected, and the existing houses makes one lot larger than the other. 2. A variance from the 5' setback requirement. Lot 21 is an existing non-conforming lot. The house sits over the setback line 10.74' on Lot 22,which has no buildable area, so it larger than 5', because it takes moves into both front and side setbacks. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely Bates&Associates,Inc. Evan Nieltu6s RLA Board of Adjustment November 4,2013 Agenda Item 2 BOA134508 Lefler Page 7 of 18 19L th'. y6 _ „ ,. m<z< av anuadl3Ard _ ,U V 2 WN �6➢u✓1 OuJ IM1v3IH' 3Ar N Q j'SB11B � m d� � i Is3vav .•a ;.. . his-.,; ,� ,,,� nj- �s Ss ��... r _ Q N d' •�'=�1 ffi lv' . O 6 -- - -NORTH YMS_pN AVENgE �� y� I Y Y_� 10'ASPIIA4T s0�'WW W ,:. � n 4. W41 M.Lfwao J j .59�rI011SE 1 .L 1 191 .001 -- ------- _ n — 3dL90.10N _ ->Sti kf 3 q alm EI I/ I �1 hm I cl I I I I fits I �Iff 1 ml ix . rr xIF ml xn I SII, . ml'^ ml'a 1i' Iz I Sia y' it 1 =1N "S'1'N.Sr 161 _—- <d 8 3.dF.90.10N u _ yz - - - - - - ' Board of Adjustment November 4,2013 Agenda Item 2 BOA134508 Lefler Page 8 of 18 977IA311HAVi Z1n-7F—&,V,=-a—IM JgA VY�OVMJJ X VdJ 'd-T7,q'l-1 Nil b NORTl1V1!!S2OAvffu�.—- 7 gig, 0 MW �41 0 &W 0 M Mxv<, < 1w ----------T'LN E L'L———————— 16 Board 'Adjustment November 4,2013 Agenda Item 2 BOA1 34508 Lefler Page 9 of 18 3 - r E Z 3 I � S - i A K , L 5 g :g s v _ Z x' s Board of Adjustment November 4,2013 Agenda Item 2 BOA134508 Lefler Page 10 of 18 Thompson, Quin ,From: Paul Dunn <pauledunn@ins7.kscoxmail.com> Sent: Tuesday, October 01, 2013 3:42 PM To: Thompson, Quin Cc: 'Paul' Subject: FW:Vinson Ave Attachments: photo 1.JPG;photo 2.JPG; Scan0148.pdf Quin, This letter, photos and copy of the letter from Bates and Associates representing Jim Lefler for lot line adjustment on 603 N. Vinson is a request for this to be moved to a different date due to the time and date on THE LETTER requesting the meeting to take place at 3:45 AM is not possible. The city does not work at 3:45 in the morning and this will not allow the neighbors to be heard. Also Mr. Leflar is requesting for a lot line adjustment that the neighbors STRONGLY disapprove of because it is quite apparent that Mr. Leflar wants to split the lot so he can build a house at this location in which the NEIGHBORS STRONGLY disapprove of(please see photo of how narrow the street is in the first place). The next photo is of my house and with Mr. Leflar wanting zoning for RSF- 4 according to the letter this would not represent what is in the neighborhood and this would DESTORY the values of all of the neighbors' homes. I understand that Mr. Leflar is requesting a lot line adjustment, but the letter also states it is for the intention of Building/land Use: Single family home,Zoning:RSF-4 and talking to the neighbors we are STRONGLY AGAINST building any type of home for investment purposes and the devaluation of our homes. One last thing is that Mr.Leflar has blatantly cut trees on this property and used a bulldozer to smooth out the hillside which when he builds with peers will DESTORY the underground streams which could destroy the foundation of our homes. I would also like to know if this decision is a half for Mr.Leflar and half for the current neighbors, if so please consider that the neighbors STRONGLY do not want any lot line adjustments. Thank You Sincerely, Paul Dunn From: Nancy [mailto:nancy@pauledunninsurance.com] Sent: Tuesday, October 01, 2013 2:50 PM To: 'Paul Dunn' Subject: Vinson Ave Nancy DeMarco Dunn Insurance Agency 479.587.0070 PH 479.587.0080 FX Don't forget to check out our new mobile web App found at www.pauledunninsurance.coml (Please take note of the new e-mail address) 1 Board of Adjustment November 4,2013 Agenda Item 2 BOA134508 Lefler Page 11 of 18 Thompson, Quin From: Amber Henley <amberhenley2@hotmail.com> Sent: Tuesday,October 01, 2013 4:04 PM To: Thompson, Quin Cc: paul@pauledunninsurance.com Subject: Re: Letter not received for 603 Vinson Hello, Just confirming you received my email. Please let me know if there is any follow up to moving the public hearing. Thank you! Amber Henley 479-200-5286 Sent from my iPhone On Oct 1,2013,at 1:44 PM, "Amber Henley" <amberhenley2@hotmail.com>wrote: >I have not received my letter for property line adjustment. I will not be available on 10/7 at 3:45 am. Not PM! He is asking for 2 units per acre, is that correct? >Is this letter correct in all aspects?If not,this letter should be null and void and another date for this meeting should be scheduled. >I have several concerns about the prep he has done for pre-construction even though he is only asking for a property line adjustment. >Thank you! >Amber Henley >479-200-5286 >Sent from my iPhone t Board of Adjustment November 4,2013 Agenda Item 2 BOA134508 Lefler Page 12 of 18 n E , r • JJ- ' •4� 1 �7 N C _7 CD C� IV O O 'O 1 N O cn `C N w 7 O S II co O W fD Board of Adjustment November 4,2013 Agenda Item 2 BOA134508 Lefler Page 14 of 18 { F •f t wo �r l i L 4. f4l.�f 1. i r- t . LjlF tt� ,. •�I• Board of Adjustment November 4,2013 Agenda Item 2 BOA134508 Lefler Page 16 of 18 BOM 3-4508 LE F LE R Close Up View o: ❑ 3 a J Q SUBJECT PROPERTY REBECCA ST RSF.4 W Q L nd Multi-Use Trail (Ex Future Trails ' Fayetteville City Limits L _ OA13-4508 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 62.5 125 250 375 500 Board of Adjustment ------ Planning Area Feet November 4,2013 Age da Ite E BOA134508 Lefler Page 17 of 18 BOA13-4508 LEFLER One Mile View QW / RSF4 RSF4 J RSF4 a F26 SF-0 AM8ft5ERF-0QR F F Q ft5F-0 4¢j RSP-d RSF4 RSF4 RSF-0 P 1 S lq W < Z RSF4 ft RSF4 PZO 4 RSFdM / � RMFS' MFS ASHST LS W RSF4 R# -t RS 4 RSF4 RSF T1 d S EDNA ST ft SF RSFd , Q �C RSF4 > _ Vow INTO w RSF ]J RSF4 Q R RSF4 m R URAL RSF4 SS > < C2 VIN ST RS S0 Fd� Q ';Q."1. U RSF RSF4 RSFd CAIN DR H RSF v-t MEMOR\ BIRWIN$ .— OLL Rs N SF1 A F J RSF-0y Pt gnRSF4 HOLLY ST 'Pi / U' ptjU RSFd 9TE 120 4 / OHOPES, Ry0 RSFd RSF-0 R-F-0 RSF-4 B yA �0 RSF4 RSF-d} RSF-I W RSF L RSF4 R`RSF4 RSFd RSF-0; R-0R RR < AD RSF4 RSFd W Q Z RSFdC-t R BART � SUBJECT PROPERTY RsCL BORNSSO Q =ftSF-0�RN ST hR / JA C MA R DR RSF4 RSF4 3 RSF RSFd�RSF-0R S RSF4 RSF-0 R PROS ECT ST = RSF4 PROSPECTST RSF4 P-1 �RMF44 R-0 L-3 LR�SF-0 RSF4 RSF4 RSF-0 J RA RD, CA ST R dW Q Z LOUISE ST L RSF-0-0{ 4 < , RMFSO 2 RSF-0 W N RSF ¢ Z fn RSF jLSFA-0S;$F-0 RSF-0 W DA Ifrfw ON.ST RSFd J J J RS RSF-0< ""` RSF-0 RSFdJ J RSF-0 {-RSFd - Q a RSF-0 fn RMF3C L3 > RSF4 RSF4 RSF4 ' L .. < MAPLE ST Z RSF-0 W MSL Q ft5F-0 RSF4 RSFd FSA I-1 RMFB 7 Q Q Z RSF-0 p= •SC J S RSF-0 RSF4 RSF MSC, Msc (=Msc'I RSF-0Q SUTTON ST M sc Msc _ > ICKSON ST MSC 3 RSF4 AL Q MSL MS MSCI ~ MSC Sc MSC MSL MSL MSL R{l d R W S ` APPH\REO I�ONNERRM /y� A C MDCW C PRING ST MF34RMF24 1 �SF-4 PL D RSF4 MSC MSC - RMFS4 SCMSC } RMFS RMF-4 RMF MSC ul �I CENTER ST 'd IQG RMFS4< . z....t Jp n �..w........:u.. MSC MSC�MSCMS 2 zTra E)�'pfiP >ry. W V . SL rai� FD SL L i- a Tra#(E Ung) P M MFQ < PY u < MSL / �opel l.�Y MSC HS Ure tH$TX RSF4 C MSC P-0 NL Overview Legend BOA 13-4508 Subject Property OBOA134508 - - ! Desi n Overlay District Boundary _ _ _ Plan iing Area L Fay tteville �� F 0 0.25 0.5 1 M les Board of Adjustme t November 4,201 Agenda Item 2 BOA134508 Lefler Page 18 of 18 • aye evele BOA Meeting of November 4, 2013 ARKANSAS 'FllE CA'I'Y OF FAYE'1'TT,VILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Andrew Garner, City Planning Director DATE: October 28, 2013 BOA 13-4530: Board of Adjustment (629 S. Skyline Dr./Clark, 486): Submitted by MOLLY CLARK for property located at 629 SOUTH SKYLINE DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.09 acres. The request is for a variance to the side building setback to bring an existing structure and lot into compliance and to permit a new addition into the building setback. Planner: Andrew Garner BACKGROUND: Property Description and Background: The subject property is located at 629 Skyline Drive. The property is zoned RSF-4, Residential Single Family Four Units per Acre and contains 0.10 acres or approximately 4,356 square feet. The property is developed with a single family residence that was constructed in 1931. Surrounding zoning and land use is depicted in Table 1. Table 1 Surrounding Land Use/Zoning Direction from Land Use Zoning Site North Sequoyah United Methodist P-1, Institutional Assembly South; East, RSF-4, Residential Single Family Four West Single family residences Units per Acre Proposal: The applicant proposes a renovation to the house involving demolition and addition to the home. A portion of the addition would extend approximately 10 feet to the east of the existing structure and would be within and along the front building setback. In addition, a variance is requested to bring the existing non-conforming residence and lot into compliance. The variance requests are listed in Table 2 and shown on the applicant's site plan. G:IETCIDevelopmeni Services Revieiv120130evelopment Revieiv113-4530 BOA 629 SSkyline Dr(Clark)101 B0A111-4-20131Corff9tJ of Adjustment and Redlines November 4,2013 Agenda Item 3 BOA13-4530 Clark Page 1 of 14 Table 2 Variance Request Variance Issue Requirement Request Variance Amount Lot Area (existing) 8,000 sq. ft. 4,356 s .ft 3,644 s . ft. Lot Width (existing) 70 feet 59 feet 11 feet Front Building Setback (existing front porch) 15 feet 0 feet 15 feet Front Building Setback new addition 15 feet 6 feet 9 feet Public Comment: Staff has not received any public comment. RECOMMENDATION: Staff recommends approval of the requested variances to bring the existing non- conforming lot into compliance with the lot area requirement and to bring the existing non-conforming structure into compliance with the building setbacks. Staff recommends denial of the requested variance for the new addition into the front building setback finding that there is not a hardship that justifies the variance, as discussed herein. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: November 4,2013 Motion: Second- Vote: FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: (B)Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; G:IETCIDevelopment Services Revieivl20131Development RevieivV3-4530 BOA 6295 Skyline Dr(Clark)101 BOA W-4-2013IConiofita of Adjustment and Redlines November 4,2013 Agenda Item 3 BOA13-4530 Clark Page 2 of 14 Finding: Strict enforcement of the zoning ordinance would cause undue hardship to this particular property. This lot was created and this structure was developed many decades ago (1931) prior to adoption of the current zoning regulations for lot width, lot area, and building setbacks. The building encroachment into the setbacks was caused after the current zoning regulations were adopted. The placement of the home and size of the lot are unique conditions that warrant variances for the existing situation. If these variances are not granted the property owner would be limited in renovation and additions they could do to the residence, which would be a hardship. However, it would not be a hardship for this property to comply with the building setbacks for new additions to the residence. As a whole, the lot is of sufficient width and area to allow the construction of a single family dwelling,which has occurred. That the owner wants to construct a new addition into the front building setback is not a hardship. It is a common condition for homes on Mount Sequoyah to be relatively small in size and limited in off-street parking. Should other new development be proposed in the same district or on the same street, they would be required to conform to the 15-foot front setback requirement for new construction, as does the subject property. (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: To grant variances to bring the existing lot and_ structure into compliance would be in keeping with the intent of the zoning ordinance, specifically UDC Section 164.12(A)(1) that encourages existing structures to be allowed to be renovated and reused. However, to grant a variance for encroachment of a new nonconforming addition on this lot would not be consistent with the intent of the City's zoning regulations to prevent building additions/expansions from encroaching further into the current setbacks. (C)Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land, building or structure. Finding: The lot width, lot area and building setback variances are the minimum variances necessary to make use of the existing property. However, the requested front building setback variance for the addition is not necessary to make a reasonable use of the applicant's land, building, or structure. This property could reasonably be used or redeveloped under G:IETCIDevelopmen[Services Review120131Development Revieiv113-4530 BOA 629S Skyline Dr(Clark)10l BOA111-4-20131Cornftg(.td of Adjustment and Redlines November 4,2013 Agenda Item 3 BOA13-4530 Clark Page 3 of 14 the code without variances for further encroachments into the setbacks. (D)Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Staff has not recommended conditions of approval. (E) Non permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: Single-family dwelling units are a use permitted by right in the RSF-4 zoning district. G:Illy C1 Uevelopnrrnv services Reviuuhl0f.illJevelupmeui Rnlieu 113-4530 ROA 619.5.5kyhne Or(Clnrk)101 ROX Il1-4-20131Com y6jjfb of Adjustment raid RedBrres November 4,2013 Agenda Item 3 BOA13-4530 Clark Page 4 of 14