HomeMy WebLinkAbout2012-05-07 - Agendas PV1
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ARKANSAS
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
MONDAY, 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
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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-
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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
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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
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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
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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
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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
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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
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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.
STRUCTURAL DESIGN'LAND DEVELOPMENT•WATER SYSTEMS•WASTEWATER SYSTEMS'o LAI jD SURVEYING
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May 7,2012
Agenda Item 2
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Page 8 of 12
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PV1
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ARKANSAS
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
MONDAY, 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.
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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
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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
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BOA W5-07-20121Comments and Redlines Agenda Item 2
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