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HomeMy WebLinkAbout2012-05-07 - Agendas PV1 17a etr T lile 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, MAY 7, 2012 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1.Approval of the minutes from the April 2, 2012 meeting. New Business: 2. BOA 12-4111 (4944 W. PERSIMMON ST./LHC FELLOWSHIP, 437): Submitted by JORGENSEN AND ASSOCIATES for properties located at 4944 WEST PERSIMMON STREET. The property is zoned R-A, RESIDENTIAL AGRICULTRIAL and contains approximately 3.99 acres. The request is for a variance from the lot area and lot width requirements to allow the property to be split into two tracts. 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. 7 IPVI ayel.., , lile 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. 2012 Board of Adjustment Members Sheree Alt (Chairman) Robert Kohler Jeff Hagers Evan Niehues Kristen Knight Tim Stein Matthew Hoffman Page 1 of 4 MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on April 2, 2012 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: March 5, 2012 Approved Page 2 New Business: BOA 12-4074 (2385 and 2407 E. Joyce/Joyce Street Houses, 176) Page 3 Approved MEMBERS PRESENT MEMBERS ABSENT Robert Kohler Kristen Knight Evan Niehues Jeff Hagers Matthew Hoffman Tim Stein STAFF PRESENT Andrew Garner Jason Kelley Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. Board of Adjustment May 7,2012 Agenda Item 1 04-02-2012 Minutes Page 1 of 4 Page 2 of 4 Approval of the minutes from the March 5, 2012 Board of Adjustment meeting. Motion• Board Member Knight made a motion to approve the March 5, 2012 Meeting Minutes. Board Member Hoffman seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Board of Adjustment May 7,2012 Agenda Item 1 04-02-2012 Minutes Page 2 of 4 Page 3 of 4 BOA 12-4074 (2385 & 2407 E. Joyce Blvd./Joyce Street Houses, 176): Submitted by HUGH JARRATT for properties located at 2385 & 2407 EAST JOYCE BOULEVARD. The properties are zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 1.18 acres. The request is for a variance of the minimum buildable street frontage and front build-to requirements. Andrew Garner, Senior Planner, gave the staff report. Board Member Knight asked how close would the proposed homes line up with the setbacks to the east. Hugh Jarratt, applicant, discussed how the new homes would relate to the existing homes. Board Member Kohler asked about rezoning the property. Hugh Jarratt, applicant, discussed the reasons they were asking for a variance as opposed to a rezoning. Board Member Knight asked staff if this was minimal amount of variance for this development. Garner discussed the amount of variance that was being applied for, mainly that because there was an existing 25-foot utility easement in front no portion of the homes could be placed within the build-to zone. It is a 100% variance. Hugh Jarratt, applicant, discussed that these were single family lots in a multi-family zoning district. Board Member Niehues discussed that because of the existing utility easement in front, the setting of the existing neighborhood including the location of surrounding homes the variances are justified. Hugh Jarratt, applicant, requested that condition of approval No. 3 be modified to make it clear that the Master Street Plan right-of-way was not dedicated. Motion: Board Member Niehues made a motion to approve the request as recommended by staff, with the exception of a change in the wording on condition of approval No. 3 to state that the Master Street Plan right-of-way was "undedicated". Board Member Hoffman asked about the zoning of the pasture across the street. Garner stated that it was zoned R-A, Residential Agricultural. Board of Adjustment May 7,2012 Agenda Item 1 04-02-2012 Minutes Page 3 of 4 Board of Adjustment Meeting April 2, 2012 Page 4 of 4 Board Member Knight asked about moving the homes to 26 feet from Joyce Boulevard. Board Member Niehues discussed that this variance request makes sense and he discussed the character of the existing homes to the east that were set a long way off of Joyce Boulevard and how it would look odd to pull the homes up to 25 feet. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. There being no further business, the meeting was adjourned at 4:30 PM. Board of Adjustment May 7,2012 Agenda Item 1 04-02-2012 Minutes Page 4 of 4 T"� 0 - avyaereali le BOA Meeting of May 7, 2012 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: April 25, 2012 BOA 12-4111 (4944 W. PERSIMMON ST./LHC FELLOWSHIP, 437): Submitted by JORGENSEN AND ASSOCIATES for properties located at 4944 WEST PERSIMMON STREET. The property is zoned R-A, RESIDENTIAL AGRICULTRIAL and contains approximately 3.99 acres. The request is for a variance from the lot area and lot width requirements to allow the property to be split into two tracts. Planner: Andrew Garner BACKGROUND: Property Description and Background: The subject property is located immediately northwest of the intersection of Persimmon Street and Broyles Avenue (both Minor Arterial Roadways) and is zoned R-A, Residential Agricultural. The legal description of the parent tract shows a total acreage of 3.99 acres. The site is undeveloped pasture with a small portion of the floodplain for Owl Creek crossing the southwest corner of the site. On Broyles Avenue there is approximately 58 feet from street centerline right-of-way when only 38.5 feet from centerline is required. It appears that this excess right-of-way was acquired during the platting of the Persimmon Place Subdivision to accommodate an existing overhead electric easement. Additionally, with the recent update of City Plan 2030 Persimmon Street was upgraded from a Collector to a Minor Arterial Street, requiring additional right-of-way dedication. The surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use/Zoning Direction from Land Use Zoning Site North Rural residential R-A, Residential Agricultural South Undeveloped/Owl Creek Floodplain R-A, Residential Agricultural East Single-family(Persimmon Place Subd.) RSF-4, 4 units per acre West Rural residential RMF-40 Proposal: The applicant proposes to subdivide the lot into lots of 2.0 and 1.64 acres, respectively, resulting in one nonconforming lot as indicated in Table 2. The reason for the difference in the original parent tract having 3.99 acres and the two resulting tracts only Board of Adjustment G:IETCIDevelopment Services RevieM20120evelopment Reviewll2-4111 BOA 4944 W.Persimmon St(Lt ��l ova 101 BOAW5- 07-20MComments and Redlines Agenda Item 2 BOAl2-4111 LHC Fellowship Page 1 of 12 having 2.64 is a result of the required right-of-way dedication along the two adjacent roadways. Table 2 Variance Request Variance Issue Requirement Applicant's Request Lot Area—Tract A 2.00 acres 1.64 acres (0.36-acre variance) Lot Width—Tract A 200 feet 179 feet (21-foot variance) Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends approval of the requested variances to allow for the proposed lot split as indicated on the submitted survey, subject to the following conditions of approval: 1. A lot split shall be processed in accordance with the City's development codes. 2. Development on each of the new tracts shall be limited to one detached single family residence, unless rezoned in the future. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: May 7, 2012 Motion: Second: Vote: FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area; Natural Area (associated with Owl Creek floodplain) 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 are not applicable to other lands, structures or buildings in the same district. Board of Adjustment G:TTCIDevelopment Services Review120121Development RevieM12-4111 BOA 4944 W.Persimmon St(LI ��I�o ip�101 BOA W5-07-20121Comments and Redlines Agenda Item 2 BOAl2-4111 LHC Fellowship Page 2 of 12 Finding: The property is somewhat unique given the excess amount of right-of- way for Broyles Avenue. This right-of-way is not needed for the future expansion of the roadway and amounts to approximately 0.24 acre of unused land between the existing sidewalk and the subject property. In addition it is somewhat unusual that this is a corner lot at the intersection of two Minor Arterial roadways. There is a large amount of right-of-way dedication along this property frontage that is required with the lot split. It is also a unique circumstance that Persimmon Street was upgraded from a Collector Street to a Minor Arterial over the past year with the recent update of City Plan 2030. This requires an additional 0.08 acre of right-of-way dedication on this property. The lot width variance is a result of the applicant's desire to subdivide the property and have Tract B be a fully conforming lot of at least two acres. This requires the lot line for Tract A to be in its current location which does not provide 200 feet of frontage. The existing excess right- of-way and large amount of right-of-way dedication are special conditions unique to this property. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would not deprive the applicant of rights commonly enjoyed by other properties in the same district. In its current configuration, the property may be developed for one single family residence on a conforming lot. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special conditions discussed in Finding No. 1 are not a result of the actions of the 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: Granting the lot area variance will not confer special privileges on this applicant. The variance would permit the owner to subdivide the property into two large parcels, a reasonable expectation of an approximately four- acre tract in the City limits with frontage on two improved streets. 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. Board of Adjustment G:IETCIDevelopmenl Services Review120120enelopmenl Review12-4111 BOA 4944 W.Persimmon St(LKS �l�ai 'q)101 BOAW5-07-20MComments and Redlines Agenda Item 2 BOAl2-4111 LHC Fellowship Page 3 of 12 Finding: Existing nonconformities were not considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday, May 7, 2012. 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 special condition discussed in Finding No. 1 justifies granting the variances. However, the owner could obtain a reasonable use of the property without the variances as the property could be developed with a single family home as it currently exists. The owner could also potentially rezone the property to another single family zoning district that would allow for a slightly smaller lot size as proposed, and then process a lot split without having to request a variance. 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: The granting of the variance will be in harmony with the general purpose and intent of zoning. The intent of the R-A zoning district is to allow residential and agricultural uses on large lots. The proposed lot split would result in a 2-acre and 1.64-acre lot and is in line with the general purpose. Further, the property is adjacent to an existing RSF-4 neighborhood to the east which has quarter-acre lots and relatively large rural residential lots to the north and west. Allowing the property to be subdivided as proposed would not be injurious to the neighborhood or otherwise detrimental to the public welfare. The two proposed lots would be consistent with the surrounding character of the area. Board of Adjustment G:IETCIDevelopment Services Review 12012Oevelopment RevieM 12-4111 BOA 4944 W.Persimmon St(1I-1Mgjr goi2 101 BOA 105-07-20121Coninents and Redlines Agenda Item 2 BOAl2-4111 LHC Fellowship Page 4 of 12 C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended approval, with conditions that development on the new lots be limited to detached single family homes. Future development or re-development of the site will require the property owner to meet all applicable building setbacks. 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: Single-family dwelling units are a use permitted by right in the R-A zoning district. Board of Adjustment G:ILTCIDevelopment Services Review 120121Development Review!12-4111 BOA 4944 W.Persimmon St(L11Ma1�TY?Y2 ip)101 BOA 105-07-20121Comments and Redlines Agenda Item 2 BOAl2-4111 LHC Fellowship Page 5 of 12 Fayetteville Unified Development Code 161.03 District R-A,Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation,large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half (D) Bulk and area regulations. Lot widthminimum 200 fit. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965,App.A.,Art. 5(1);Ord.No. 1747,6-29-70;Code 1991,§160.030;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8- 31-99;Ord.5028,6-19-07;Ord.5128,4-15-08;Ord.5195,11-6-08;Ord.5238,5-5-09;Ord.5479,2-7-12) Board of Adjustment G:TTCI Development Services Review12012 Development Review112-4111 BOA 4944 W.Persimmon St(LHMK91�,w26 jd 101 BOA 105-07-20121Comments and Redlines Agenda Item 2 BOAl2-4111 LHC Fellowship Page 6 of 12 161.05 District RSF-1,Residential Single-Family—One Unit Per Acre (A) Purpose. A district having single-family detached residences on lots with a minimum size of one unit per acre. The district is designed to permit and encourage the development of very low density detached dwellings in suitable environments,as well as to protect existing development of these types. (B) Uses. (C) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (D) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (E) Density. Units per acre 1 (F) Bulk and area regulations. Lot width minimum 150 ft. Lot area minimum 35,720 Sq.Ft. Land area per dwelling unit 35,720 Sq.Ft. (G) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. (H) Building height regulations. Building Height Maximum 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). (I) Building area. None. (Code 1965, §160.44;Ord.No. 3792, §4,5-17-94;Ord.No.4100,§2(Ex. A),6-16-98;Ord. 4858,4-18-06;Ord. 5028,6-19-07;Ord. 5128,4-15-08;Ord.5224,3-3-09;Ord.5462,12-6-11) Board of Adjustment G:IETCIDevelopment Services ReviewQOMDevelopnlent Review112-4111 BOA 4944 W.Persimmon St(U[MgV4012d4,2 01 BOA W5-07-20121Coinments and Redlines Agenda Item 2 BOAl2-4111 LHC Fellowship Page 7 of 12 JORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS -124 WEST SUNBRIDGE,SUITE 5 FAYErrEVILLE,ARKANSAS 72703 (479)442-9127 ' FAX[479]582-4807 DAVID L.JORGENSEN,P.E.,P.L.S. JUSTIN L.JORGENSEN,P.E. BLAKE F.JORGENSEN,P.E. 4-3-12 City of Fayetteville 113 W. Mountain Fayetteville, Ar. 72701 Attn: Planning Re: Variance Request for LHC Fellowship In the process of submitting a lot split, we found out that after the right of way was dedicated one of the lots was less than two acres and this is not allowed with the present zoning of R-A. The original tract was 3.99 acres and we had planned for two, 2 acre lots. As you can see, the right of way for Broyles is approximately 58 feet from the center of Broyles and the proposed right of way from center of Persimmon is 38.50 feet. We are requesting a variance from the 2.00 acres to 1.64 acres and also a variance on the minimum lot width from 200 feet to 179.43 feet for Tract A. A single family house is planned on each lot.There will be a 2.00 acre lot and a 1.64 acre lot. Please review and call with any questions you may have. Thank you. Sincerely; David L. Jorgensen, P.F. 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PERSIMMON ST./LHC FELLOWSHIP, 437): Submitted by JORGENSEN AND ASSOCIATES for properties located at 4944 WEST PERSIMMON STREET. The property is zoned R-A, RESIDENTIAL AGRICULTRIAL and contains approximately 3.99 acres. The request is for a variance from the lot area and lot width requirements to allow the property to be split into two tracts. 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. 7 IPVI ayel.., , lile 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. 2012 Board of Adjustment Members Sheree Alt (Chairman) Robert Kohler Jeff Hagers Evan Niehues Kristen Knight Tim Stein Matthew Hoffman Page 1 of 4 MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on April 2, 2012 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: March 5, 2012 Approved Page 2 New Business: BOA 12-4074 (2385 and 2407 E. Joyce/Joyce Street Houses, 176) Page 3 Approved MEMBERS PRESENT MEMBERS ABSENT Robert Kohler Kristen Knight Evan Niehues Jeff Hagers Matthew Hoffman Tim Stein STAFF PRESENT Andrew Garner Jason Kelley Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. Board of Adjustment May 7,2012 Agenda Item 1 04-02-2012 Minutes Page 1 of 4 Page 2 of 4 Approval of the minutes from the March 5, 2012 Board of Adjustment meeting. Motion• Board Member Knight made a motion to approve the March 5, 2012 Meeting Minutes. Board Member Hoffman seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Board of Adjustment May 7,2012 Agenda Item 1 04-02-2012 Minutes Page 2 of 4 Page 3 of 4 BOA 12-4074 (2385 & 2407 E. Joyce Blvd./Joyce Street Houses, 176): Submitted by HUGH JARRATT for properties located at 2385 & 2407 EAST JOYCE BOULEVARD. The properties are zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 1.18 acres. The request is for a variance of the minimum buildable street frontage and front build-to requirements. Andrew Garner, Senior Planner, gave the staff report. Board Member Knight asked how close would the proposed homes line up with the setbacks to the east. Hugh Jarratt, applicant, discussed how the new homes would relate to the existing homes. Board Member Kohler asked about rezoning the property. Hugh Jarratt, applicant, discussed the reasons they were asking for a variance as opposed to a rezoning. Board Member Knight asked staff if this was minimal amount of variance for this development. Garner discussed the amount of variance that was being applied for, mainly that because there was an existing 25-foot utility easement in front no portion of the homes could be placed within the build-to zone. It is a 100% variance. Hugh Jarratt, applicant, discussed that these were single family lots in a multi-family zoning district. Board Member Niehues discussed that because of the existing utility easement in front, the setting of the existing neighborhood including the location of surrounding homes the variances are justified. Hugh Jarratt, applicant, requested that condition of approval No. 3 be modified to make it clear that the Master Street Plan right-of-way was not dedicated. Motion: Board Member Niehues made a motion to approve the request as recommended by staff, with the exception of a change in the wording on condition of approval No. 3 to state that the Master Street Plan right-of-way was "undedicated". Board Member Hoffman asked about the zoning of the pasture across the street. Garner stated that it was zoned R-A, Residential Agricultural. Board of Adjustment May 7,2012 Agenda Item 1 04-02-2012 Minutes Page 3 of 4 Board of Adjustment Meeting April 2, 2012 Page 4 of 4 Board Member Knight asked about moving the homes to 26 feet from Joyce Boulevard. Board Member Niehues discussed that this variance request makes sense and he discussed the character of the existing homes to the east that were set a long way off of Joyce Boulevard and how it would look odd to pull the homes up to 25 feet. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0. There being no further business, the meeting was adjourned at 4:30 PM. Board of Adjustment May 7,2012 Agenda Item 1 04-02-2012 Minutes Page 4 of 4 T"� 0 - avyaereali le BOA Meeting of May 7, 2012 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: April 25, 2012 BOA 12-4111 (4944 W. PERSIMMON ST./LHC FELLOWSHIP, 437): Submitted by JORGENSEN AND ASSOCIATES for properties located at 4944 WEST PERSIMMON STREET. The property is zoned R-A, RESIDENTIAL AGRICULTRIAL and contains approximately 3.99 acres. The request is for a variance from the lot area and lot width requirements to allow the property to be split into two tracts. Planner: Andrew Garner BACKGROUND: Property Description and Background: The subject property is located immediately northwest of the intersection of Persimmon Street and Broyles Avenue (both Minor Arterial Roadways) and is zoned R-A, Residential Agricultural. The legal description of the parent tract shows a total acreage of 3.99 acres. The site is undeveloped pasture with a small portion of the floodplain for Owl Creek crossing the southwest corner of the site. On Broyles Avenue there is approximately 58 feet from street centerline right-of-way when only 38.5 feet from centerline is required. It appears that this excess right-of-way was acquired during the platting of the Persimmon Place Subdivision to accommodate an existing overhead electric easement. Additionally, with the recent update of City Plan 2030 Persimmon Street was upgraded from a Collector to a Minor Arterial Street, requiring additional right-of-way dedication. The surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use/Zoning Direction from Land Use Zoning Site North Rural residential R-A, Residential Agricultural South Undeveloped/Owl Creek Floodplain R-A, Residential Agricultural East Single-family(Persimmon Place Subd.) RSF-4, 4 units per acre West Rural residential RMF-40 Proposal: The applicant proposes to subdivide the lot into lots of 2.0 and 1.64 acres, respectively, resulting in one nonconforming lot as indicated in Table 2. The reason for the difference in the original parent tract having 3.99 acres and the two resulting tracts only Board of Adjustment G:IETCIDevelopment Services RevieM20120evelopment Reviewll2-4111 BOA 4944 W.Persimmon St(Lt ��l ova 101 BOAW5- 07-20MComments and Redlines Agenda Item 2 BOAl2-4111 LHC Fellowship Page 1 of 12 having 2.64 is a result of the required right-of-way dedication along the two adjacent roadways. Table 2 Variance Request Variance Issue Requirement Applicant's Request Lot Area—Tract A 2.00 acres 1.64 acres (0.36-acre variance) Lot Width—Tract A 200 feet 179 feet (21-foot variance) Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends approval of the requested variances to allow for the proposed lot split as indicated on the submitted survey, subject to the following conditions of approval: 1. A lot split shall be processed in accordance with the City's development codes. 2. Development on each of the new tracts shall be limited to one detached single family residence, unless rezoned in the future. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: May 7, 2012 Motion: Second: Vote: FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area; Natural Area (associated with Owl Creek floodplain) 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 are not applicable to other lands, structures or buildings in the same district. Board of Adjustment G:TTCIDevelopment Services Review120121Development RevieM12-4111 BOA 4944 W.Persimmon St(LI ��I�o ip�101 BOA W5-07-20121Comments and Redlines Agenda Item 2 BOAl2-4111 LHC Fellowship Page 2 of 12