HomeMy WebLinkAbout2016-08-01 - Agendas CITY OF
Tay� LY i'I'l e� AGENDA
ARKANSAS
Board of Adjustments Meeting
August 1, 2016
3:45 PM
113 W. Mountain, Room 219
Members: Kristen Knight (chair), Porter Winston, Scott Blacksher, Steve Clowney, and
Casey Hoffman
City Staff: Andrew Garner, City Planning Director; Quin Thompson, Current Planner
Call to Order
Roll Call
1. Approval of the minutes from the July 11, 2016 meeting.
Old Business:
No items
New Business
2. BOA 16-5517: Board of Adjustments Item (504 N. WILLOW AVE./LINN; 446): Submitted
by GARY & SANDRA LINN for property located at 504 N. WILLOW AVE. The property is zoned
RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.37
acres. The request is for a variance of the building setback requirements.
Planner: Quin Thompson
3. BOA 16-5541: Board of Adjustments Item (770 N. OAKLAND AVE./CAMPBELL; 444):
Submitted by JORGENSEN &ASSOCIATES for property located at 770 N. OAKLAND AVE. The
property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains
approximately 0.17 acres. The request is for a variance of the building setback requirements.
Planner: Harry Davis
Announcements
Adjourn
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
NOTICE TO MEMBERS OF THE AUDIENCE
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 Deao are
available for all public hearings; 72 hour notice is required. For further information or to request an
interpreter, please ca11479-575-8330. Asa courtesy please turn off all cell phones and pagers.
2
CITY OF
Ta L MINUTES
ARKANSAS
Board of Adjustment
June 6, 2016
3:45 PM
City Administration Building in Fayetteville, AR, Room 111
Members: Kristen Knight (chair), Catherine Baker, Porter Winston,
Scott Blacksher, Steve Clowney, and Casey Hoffman
City Staff: Andrew Garner— City Planning Director, Jonathan Curth — Planner, Quin
Thompson — Planner, Harry Davis — Planner and Blake Pennington —Assistant City
Attorney
Call to Order: 3:45 PM, Kristin Knight
In Attendance: Kristin Knight, Porter Winston, and Casey Hoffman,
Absent: Steve Clowney and Catherine Baker
Staff: Andrew Garner, Quin Thompson, Harry Davis and Blake Pennington
1. Approval of the minutes from the Apr 4, 2016 meeting.
Motion:
Board Member Winston made a motion to approve the minutes from the Apr 4, 2016
meeting. Board Member Hoffman seconded the motion. Upon roll call the motion
passed with a vote of 3-0-0.
2. Old Business:
No items
3. New Business
BOA 16-5454: Board of Adjustments Item (1211 W. JAMES ST./HAVEN CAMPUS
APTS.; 404): Submitted by BLEW & ASSOCIATES for properties located at 1211 W.
JAMES ST. The properties are zoned CS, COMMUNITY SERVICES, AND RO,
RESIDENTIAL OFFICE and contain approximately 6.56 acres. The request is for a
variance of the building height requirements for a new parking garage in a multi-family
development.
Harry Davis, Planner: Gave the staff report.
Porter Winston, Board Member: Asked if the building is next to the Garden Park
Apartments?
Mailing Address: Board of Adjustments
August 1,
113 W. Mountain Street www.fayettevillA` em 1
Fayetteville, AR 72701 6-6-2016 Minutes
Page 1 of 6
Davis: Yes
Winston: The area to the west of the garage, is that all tree canopy and to be
protected?
Andrew Garner, City Planning Director: Yes
Casey Hoffman, Board Member: What about off-street parking?
Garner: We haven't discussed that in this variance request as we have focused on the
height variance.
Brian Yoder, Applicant's representative: Originally the large building was orientated
with topography but it was changed by request of Urban Forestry. By fitting with existing
site contours, fire lanes, and urban forestry, this fits better with those requirements and
less with zoning requirements.
Jorge DuQuesne, Blew and Associates, applicant's engineer: Minimizing pressures
on retaining wall failing with structure as a result of new placement.
Kristen Knight, Board Member: Is that hatched area a road to access garage?
Yoder: No, that is to access center amenities.
Knight: Can you better explain the fire access?
Yoder: [better explains fire access lane requirements]
Knight: Do the other buildings work with the topography? Are they all consistent?
Yoder: Yes. Building A is different due to parking garage and liner buildings.
Knight: So the building to the north is affected by shadow? Which side does the Garden
Park building face?
Yoder: It faces east and west, so it doesn't face towards the garage.
Winston: So where is the variance located?
Yoder: Illustrated located on this document where the variance location is requested.
Knight: So what are your requirements for parking?
Yoder: Explained the parking requirements.
Winston: So if you removed 30 beds, would that allow you to be within requirements
after changing the garage to fit that?
Yoder: Removing that portion would not equal 30, so it wouldn't make a difference.
Winston: Could you remove some elsewhere to meet that requirement?
Board of Adjustments
Augu1,2016
Agen a Item 1
6-6-2016 Minutes
Page 2 of 6
Yoder: No.
Winston: Asked if you could widen the garage and still not encroach within the tree
canopy?
Yoder: No.
Knight: Asked about reductions in parking?
Garner: Explained reductions in parking based on various criteria.
Knight: We are trying to give you an out after doing some quick math where you could
remove a number of spaces and then meet the requirements.
Yoder: Our calculations still came to the number we currently have and that is what we
need for all the beds and taking into effect reductions.
Knight: So no parking allowed around amenities or in fire lane?
Yoder: No.
Knight: No access onto Wedington?
DuQuesne: No, that would be a problem with two driveways so close.
No public comment was presented.
Knight: Discussed trouble seeing this as a hardship. This is more as a development that
doesn't meet our requirements. Staff report was very thorough.
Winston: Finding a hardship is harder in this body than in planning commission. Urban
Forestry could make concessions to help.
Knight: The lights from this garage would negatively affect the nearby neighborhood.
Hoffman: Believes parking standard used by applicant is a self-imposed standard that
has resulted in a greater need than what we require.
Brian Haver, Haven Campus Communities: Our solution to the variance is just to
make a larger retainer wall and sink the building down. Just wants to be sure the BOA is
understanding of that.
Knight:: We would rather have the community that isn't a gated community and
respectful of the neighborhood. We want to see more than just a tall garage.
DuQuesne: Would rather not have a connection to Wedington, but we believe once built
we will then improve walkability.
Board of Adjustments
Augusyt 1,2016
Agenda Item 1
6-6-2016 Minutes
Page 3 of 6
Motion:
Board Member Winston made a motion to approve BOA 16-5454. Board Member
Hoffman seconded the motion. Upon roll call the motion failed with a vote of 0-3-0.
Commissioners Knight, Winston, and Hoffman voted `no'.
Board of Adjustments
Augu1,2016
Agen a Item 1
6-6-2016 Minutes
Page 4 of 6
BOA 16-5455: Board of Adjustments Item (603 N. VINSON AVE./SKOCH-BURCH;
447): Submitted by PARKCO & ASSOCIATES, INC. for properties located at 603 N.
VINSON AVE. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE and contain approximately 0.33 acres. The request is for a variance of
the building setback requirements for a new single family dwelling.
Quin Thompson, Planner, read the staff report.
Porter Winston, Commissioner: Have the utility companies agreed to the variance?
Andrew Garner, Planning Director: Applicant is not proposing to building over ROW or
easement at this time.
Bret Park, Applicant: History of design, discussed illegal tree removal by the previous
owner. The owner would like to preserve existing trees on the site, and utilize the areas
previously granted front setback variances for the existing home in order to build a
residence.
Paul Dunn, Neighbor: There is no hardship on this site, they owners have a lot to the west
and below that is flat and they could build on that. There is no room on the street for
emergency vehicles at this time. My house could burn. The lower lot is flat.
Amber Henley, Neighbor: I live across the street, and would like to note that the street is
16' wide and considered an 'alley'. Construction traffic will create congestion. Workers
park and turn around in my driveway. No one has paid the fines for illegally removed trees.
I would ask the board to take care of this. The building is limited to 40% of the lot, and the
design covers 54% of the lot.
Jackson Williams, Neighbor: Recently purchased 700 N. Vinson. The lot has a great
view, and a great view of Old Main. If the variance is granted, my view will be impeded,
and my view should be protected by setbacks.
Kristen Knight: Does the height of the new house exceed the height of the existing
house?
Park: The house is not a tall house, my clients are interested in mid-century modern
design, with low slope roof.
Knight: This street is not an alley, although it may be built as an alley. It is a shame that
the trees came down. We discussed that issue in earlier meetings, and it appeared that
the tree removal was driven by a motive of profit. This design does not appear to have the
same motivation.
Porter Winston, Board Member: It is difficult for neighbors whenever anyone builds a
home, and that's part of life. I think it is appropriate to discuss concerns with the builder. I
do understand reticence to have a project built between you and the Old Main.
Knight: Are houses across the street higher?
Henley: There is no way for anyone to pass each other on this street.
Board of Adjustments
August 1,2016
Agenda Item 1
6-6-2016 Minutes
Page 5 of 6
Knight: Site parking will be an issue and must be addressed throughout construction.
Henley: So parking is not allowed on the street, which makes me feel better.
Garner: Parking on the street must be enforced by the Fire Marshall.
Henley: Where is the hardship if the owner has a second lot on which to build?
Jackson Williams: Are discussing more than a variance to the north setback?
Knight: We are discussing a variance of front setback on Vinson as well.
Winston: Both setbacks are required because both street ROWs are either too large or
should not be there at all. I support the variances.
Knight: I support the north setback variance for reasons I've stated. I am surprised the
ROW hasn't been vacated. This is a much more thoughtful approach than we have seen
previously. This is an appropriate use of the land, and I support it.
Motion:
Board Member Winston made a motion to approve BOA 16-5455 as recommended by
staff. Board Member Hoffman seconded the motion. Upon roll call the motion passed
with a vote of 3-0-0.
4. Reports: No reports
5. Announcements:
6. Adjournment Time: 4:56pm
7. Submitted by: City Planning Division
Board of Adjustments
Augut 1,2016
Agenda Item 1
6-6-2016 Minutes
Page 6 of 6
CITY OF
•
Fay74-11e BOARD OF ADJUSTMENTS MEMO
KANSAS
TO: Board of Adjustment
FROM: Quin Thompson, Current Planner
THRU: Andrew Garner, City Planning Director
MEETING DATE: August 01, 2016
SUBJECT: BOA 16-5517: Board of Adjustments Item(504 N.WILLOW AVE.ILINN;
446): Submitted by GARY & SANDRA LINN for property located at 504 N.
WILLOW AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.37 acres. The
request is for a variance of the building setback requirements.
RECOMMENDATION:
Staff recommends approval of the request BOA 16-5517 with conditions of approval.
BACKGROUND:
The subject property is located at the northeast corner of Willow Avenue and Maple Street, and
contains a home of approximately 3,800 square feet. The original home was constructed in 1895
and has been updated with building additions through the years. At some point, a single-car
garage was constructed on the site, the age of which is unknown. The garage was built at the
north property line, and does not conform to current setbacks in the RSF-4 zone.
In addition to the garage, there is a large playhouse structure of approximately 200 square feet
that has been built within the side setback, and does not conform to zoning code. The home has
been sold, perhaps for the first time since construction, within the last year. Surrounding land use
and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Residential RSF-4
South Residential RSF-4
East Residential RSF-4
West Residential RSF-4
DISCUSSION:
The applicant proposes to demolish the playhouse and to expand the existing garage structure,
adding ten feet to the rear, which will also be within the required setback. The garage is
considered an existing condition, but cannot be expanded further into the setback without a
variance. A variance to bring the existing garage into conformance is also required.
boara o lustments
Mailing Address: August 1,2016
113 W. Mountain Street www.fayetteville-arP.9Wda Item 2
Fayetteville, AR 72701 16-5517 Linn
Page 1 of 11
The applicant requests variances as listed in Table 2.
Table 2
Variance Request
Variance Issue Requirement Request Variance Amount
Side setback (north) 5 feet from front property fine 0 feet 5 feet
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends approval of the variance as requested, subject to the following
conditions, finding that undue hardship exists on this property:
Conditions of Approval:
1. This variance is conditional to development of this site generally with the site plan
as presented to the Board of Adjustment.
2. The addition shall meet all other requirements of the Unifier! Development Code.
3. The garage shall not be improved for habitation, but is expected to be used for the
typical purposes for which garages are built, namely storage of automobiles.
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied
Date: August 1, 2016
Motion: Vote:
Second:
3
I
Note:
FUTURE LAND USE PLAN DESIGNATION: City Plan 2030 Future Land Use Plan
designates this site as Residential Neighborhood Area. The Residential Neighborhood
designation is primarily residential in nature and supports a variety of housing types of
appropriate scale and context, including single family, multi-family, and row-houses.
Residential neighborhood encourages highly connected., compact blocks with gridded
street patterns and reduced setbacks.
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
Board of Adjustments
August 1,2016
G:IEMIDevelopment services Review120160evelopment Review116-5517 BOA 504 N. Agenda Item 2
Willow Ave.(Linn)446101 BOA Review108-01-20161Comments and Redlines 16-5517 Linn
Page 2 of 11
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. A garage is a typical use for a residential property,
and is common in this neighborhood. An extension of the existing garage is
a logical approach, in this case, where it would be difficult to place a new
garage in another location on the property after Master Street Plan right-of-
way and 15 foot front setbacks are considered and maintain the aesthetic
integrity of the existing, historic home.
(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: In part, the intent of the RSF-4 zoning district is to encourage development
of and to protect existing single-family residences. Reducing the setback in
this case will allow the property owner to construct an addition to a non-
conforming structure that may have a negative impact on the adjacent
property to the north. The height of the proposed addition is not given, and
impact cannot be fully evaluated.
(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: Staff finds that the request is the minimum variance necessary to provide
the property with a two-car garage, where 20x24 is a typical two-car layout. E
(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.
I
Finding: NIA
i
(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 residential development.
BUDGETISTAFF IMPACT:
None.
Board of Adjustments
August 1,2016
G:lETGZevelopment Services Review120151Development Review116-5517 BOA 564 N. Agenda Item 2
Willow Ave.(Linn)446101 BOA Review108-01-2016LComments and Redlines 16-5517 Linn
Page 3 of 11
Attachments:
• Request Letter
• Proposed Site Plan
• Survey
■ One Mile Map
■ Close Up Map
Board of Adjustments
August 1,2016
G:IETCIDevelopment Services Review120160evelopment Review116-5517 BOA 504 N. Agenda Item 2
Willow Ave.(Linn)446101 BOA ReviewM-01-20161Comments and Redlines 16-5517 Linn
Page 4 of 11
June 24, 2016
Ms. Kristen Knight
Chair, Board of Adjustments
113 W. Mountain Street
Fayetteville, AR 72701
Dear Ms. Knight,
We are requesting a 5' variance for the north side setback of our property at 504 N Willow Avenue.
This is a side setback variance for an existing garage that we are requesting to rebuild.
This site consists of a single family home with two outbuildings. We are requesting to replace the
two outbuildings with one building with an overall shorter length.
1. Special conditions exist for this property:
a. The placement of the existing home prohibit allowing for a 5' side setback.
b. Two structures currently exist on the property. This request would reduce the overall
size of the outbuildings{garage), by consolidating into one building.
c. The request will maintain the current neighborhood ambiance.
2. Literal interpretation of the provisions of this ordinance would deprive us of the rights
commonly enjoyed by other properties in the same district. The side setback requirement
was implemented after the current building was constructed. Our request is to improve
upon this structure while maintaining the current side setback. Both front and back
setbacks will be consistent with current code.
3. These special conditions and circumstances are not the result from the actions of the
applicant. The owners are not requesting a variance from the current structure,just the
ability to improve the structure while maintaining the same location.
4. Granting this variance will not confer any special privilege to the applicant that is denied to
others in the same district. Several houses in the district have garages, and due to the age of
the neighborhood, property lines were not always consistent with the current code
requirements. It is the owner's desire to maintain a design similar with the current garage
design, and consistent with the neighborhood.
Please find attached:
" Copy of the Washington County parcel map with the adjacent owner's name, address and
parcel number.
* Copy of a site plan drawn to scale and survey of property
* Legal description of property
* Electronic/PDF file of complete application.
Sincerely,
Gary and Sandra Linn
Linngsia@hotmail.com
479-445-2320
479-422-2060
Board of Adjustments
August 1,2016
Agenda Item 2
16-5517 Linn
Page 5 of 11
June 24, 2016
Ms. Kristen Knight
Chair, Board of Adjustments
113 W. Mountain Street
Fayetteville, AR 72701
Dear Ms. Knight,
We are requesting a 5' variance for the north side setback of our property at 504 N Willow Avenue.
This is a side setback variance for an existing garage that we are requesting to rebuild.
This site consists of a single family home with two outbuildings. We are requesting to replace the
two outbuildings with one building with an overall shorter length.
1. Special conditions exist for this property:
a. The placement of the existing home prohibit allowing for a 5' side setback.
b. Two structures currently exist on the property. This request would reduce the overall
size of the outbuildings (garage), by consolidating into one building,
c. The request will maintain the current neighborhood ambiance.
2. Literal interpretation of the provisions of this ordinance would deprive us of the rights
commonly enjoyed by other properties in the same district. The side setback requirement
was implemented after the current building was constructed. Our request is to improve
upon this structure while maintaining the current side setback. Both front and back
setbacks will be consistent with current code.
3. These special conditions and circumstances are not the result from the actions of the
applicant. The owners are not requesting a variance from the current structure,just the
ability to improve the structure while maintaining the same location.
4. Granting this variance will not confer any special privilege to the applicant that is denied to
others in the same district. Several houses in the district have garages, and due to the age of
the neighborhood, property lines were not always consistent with the current code
requirements. It is the owner's desire to maintain a design similar with the current garage
design, and consistent with the neighborhood.
Please find attached:
• Copy of the Washington County parcel map with the adjacent owner's name, address and
parcel number.
* Copy of a site plan drawn to scale and survey of property
• Legal description of property
• Electronic/PDF file of complete application.
Sincerely,
A
Gary and Sandra Linn `
L i n ncg siaahotmai l.com
479-445-2320
479-422-2060
Board of Adjustments
August 1,2016
Agenda Item 2
16-5517 Linn
Page 6 of 11
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Agenda Item 2
16-5517 Linn
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Board of Adj stments
1,2016
Agenda Item 2
16-5517 Linn
Page 11 of 11
CITY OF
•
a � � � a BOARD OF ADJUSTMENTS MEMO
ARKANSAS
TO: Board of Adjustment
FROM: Harry Davis, Planner
THRU: Andrew Garner, City Planning Director
MEETING DATE: August 1, 2016
SUBJECT: BOA 16-5541: Board of Adjustments Item (770 N. OAKLAND
AVEXAMPBELL; 444): Submitted by JORGENSEN &ASSOCIATES for
property located at 770 N. OAKLAND AVE. The property is zoned RMF-
40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contain
approximately 0.17 acres. The request is for a variance of the building
setback requirements.
RECOMMENDATION:
Staff recommends denial of BOA 16-5541 based on the findings contained in this report.
BACKGROUND:
The subject property is a single parcel located at 770 N. Oakland Avenue, the southeast corner
of Oakland Avenue and Eagle Street, containing approximately 0.17 acres within the RMF-40
zoning district. The property is currently undergoing a lot split approval process to allow for two
lots to be developed with the intention of placing duplexes on both lots. The property is a typical
parcel in this older neighborhood and is a standard rectangular shape, 53'x 140' dimension, with
access to an undeveloped alley along the south property line. Surrounding zoning and land use
is depicted in Table 1.
Table 1
Surrounding Land Use/Zoning
Direction from Land Use Zoning
Site
North Single-family RMF-40, Residential Multi-family,40 units per
acre
South Single-family RMF-40, Residential Multi-family, 40 units per
_acre
East Single-family _ RMF-40, Residential Multi-family, 40 units per
_ acre
West Single-family RMF-40, Residential Multi-family, 40 units per
acre
Request: The applicant intends to build a duplex on the new proposed southern lot (Tract B)
and requests a variance on this new proposed lot of the rear setback. The requested variance is
listed in Table 2.
Mailing Address:
113 W. Mountain Street www.fayettevill&d9r9WAdjustments
Fayetteville,AR 72701 August 1,2016
Agenda Item 3
16-5541 Campbell
Page 1 of 12
Table 2
Variance Request
Variance Issue Requirement Request Variance Amount
Tract 1
Rear Setback for
Proposed Tract B East 20 ft. 1 5 ft. 15 ft.
Public Comment.- Staff has not received public comment.
RECOMMENDATION:
Staff recommends denial of BOA 16-5541. If the Board chooses to approve the request,
staff would recommend the following conditions:
1. A lot split to subdivide the property as proposed and subsequent building and
construction permits shall be submitted for review in compliance with all City
development regulations.
BOARD OF ADJUSTMENT ACTION: 11 Approved 11 Denied
Date: June 6, 2016
Motion: Vote:
Second:
Note:
FUTURE LAND USE PLAN DESIGNATION: City Plan 2030 Future Land Use Plan
designates this site as City 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;
Finding: Staff finds that this site is not particularly unique and the challenges of
developing the lot were created by the applicant wishing to split the lot into
Board of Adjustments
August 1,2016
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two parcels, then develop the southern parcel with a building design that
does not meet the standard building setback. The split parcel in question
has adequate street frontage, lot area, and zoning to develop the property as
a single-family home or duplex. In developing a single-family home on the
property, the applicant would use a 5' rear setback and not have to deal with
a 20' rear setback required for duplexes.
(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: Approval of the variance would not be in keeping with the spirit and intent of
the zoning code in this case. The 20 foot rear setback is intended to create a
barrier between lots containing duplexes or other uses and lots for single-
family homes with a standard alignment.This also creates greater separation
between duplexes. In this case, the parcel behind the site is a portion of a
flagged lot so the created parcel to the north has access to utilities.
(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 requested variance is not a minimum necessary variance to make
reasonable use of the land in staffs opinion. The original lot has been
platted with the intention of having a single-family home. The applicant
created two lots with an intention to develop both with duplexes. The parcel
could be developed with a number of other options or configurations and
comply with the building 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 recorded one condition of approval (see condition one above).
(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: Two-family use is permitted by right in the RMF-40 zoning district.
BUDGET/STAFF IMPACT:
None.
Attachments:
• UDC 161.16 - District RMF-40, Residential Multi-Family - Forty (40) Units Per Acre
• Request Letter
• Exhibit
• Development Conceptual Photo
• One Mile Map
• Close Up Map
Board of Adjustments
August 1,2016
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CITY OF
Tay% s
L Y e BOARD OF ADJUSTMENTS MEMO
ARKANSAS
161.16-District RMF-40,Residential Multi- Three(3)or more 7,000 square feet
Family-Forty(40)Units Per Acre lFratemity or Sorority 1 acre
(A)Purpose. The RMF-40 Multi-family
Residential District is designated to protect 3) Land Area Per Divelling Unit.
existing high density multi-family (Manufactured Home 3,000 square feet
development and to encourage additional lFraternity of Sorority 1500 square feet per resident
development of this type where it is desirable.
(B) Uses. )Setback Re uirements.
(1)Permitted Uses, Side Side Single Rear Rear
Unit 1 City-wide uses by right (Front Other &Two(2) Other Single
Unit 8 Single-family dwellings Uses Family Uses Famil
Unit 9 Two-family dwellings
'Unit 10 Three-family dwellings ,A build-to zone tha
Unit 26 Multi-family dwellin s lis located between
Unit 44 Cottage Housing Development (the front property
8 feet 5 feet 20 feet 5 feet
line and a line 25
(2)Conditional Uses feet from the front
Unit 2 City-wide uses by CUP (property line.
Unit 3 Public protection and utili facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities (F)Building Ilei ht Regulations.
Unit 11 Manufactured home ark 13ttildin Height Maximum 30/45/60*feet
Unit 12 Limited business *A building or a portion of a building that is
(Unit 24 Home occupation located between 0 and 10 feet from the front
Unit 25 Professional offices property line or any master street plan right-of-
Unit 36 Wireless communications facilities way line shall have a maximum height of 30 feet,
between 10-20 feet from the master street plan
(C)Density. right-of-way a maximum height of 45 feet and
Units per acre For 40)or less buildings or portions of the building set back
greater than 20 feet from the master street plan
(D)Bulk and Area Regulations, right-of-way shall have a maximum height of 60
1 Lot Width Minimum. feet.
(Manufactured home park 100 feet Any building which exceeds the height of 20 feet
]Lot within a Manufactured home park 50 feet shall be set back from any side boundary line of
Single-family 30 feet an adjacent single family district,an additional
Two(2)family 30 feet distance of 1 foot for each foot of height in excess
Three or more 70 feet of 20 feet.
(Professional offices 100 feet
(G)Building Area. The area occupied by all
(2)Lot Area Minimum. buildings shall not exceed 50%of the total lot
(Manufactured home park 3 acres area.
!Lot within a mobile home park 4,200 s uare feet (H)Minimum Buildable Street Frontage. 50%
Townhouses: Individual lot 2,000 square feet of the lot width.
Siq&le-family 2,500 square feet
'Two(2)family 3,000 square feet
Mailing Address:
113 W. Mountain Street www.tayetteviII&M96YAdjustments
Fayetteville,AR 72701 August 1,2016
Agenda Item 3
16-5541 Campbell
Page 4 of 12
Michael Campbell
1291 Edinburgh Loop
Springdale, AR 72762
The City of Fayetteville
Board of Adjustments
113 West Mountain Street
Fayetteville, Arkansas 72701
Dear City of Fayetteville and Board of Adjustments,
This proposal letter is to request and substantiate the grant of a variance for Parcel
Number 765-10416-000, located at 770 North Oakland Avenue in Fayetteville, Arkansas.
The proposed variance requested is relatively minor in nature and provides the best
overall improvement and use of property for this address, as well as adjacent properties.
The variance request does not violate other parameters in this zoning and is in keeping
with similar variances considered and approved by this governing body.
Rear Setback Variance
Tract Address Existing Rear Setback Proposed Rear
Setback
A 786 North Oakland Avenue 5' (corner lot)as side setback No change
B 770 North Oakland Avenue 5' single family, 20' any use other than 5'
single family
The applicant requests a Variance allowing for a 5 feet rear setback on Tract B, 770
North Oakland Avenue for uses other than single family. The applicant, realizing
proximity of the University of Arkansas campus, the existing RMF-40 zoning, and
similar property usage on adjacent Tracts, is proposing to build two duplex properties on
the A and B Tracts. A lot split is underway requesting this approval. In the approval
process, the applicant has become aware that for a single family use of track B, a 5 foot
rear setback is provide and for any use other than single family use on track B, a 20 feet
rear setback is provided in the existing RMF-40 zoning. The applicant is requesting a
variance be approved to provide for a 5 feet rear setback, a deviation of 15 feet for use
other than single family. The request when approved will provided for a vastly improved
visual sightline down North Oakland Avenue, improved safety for residents and
improved access and parking to the duplex properties. It should be noted that a duplex
can be constructed on the existing Tract B but would have the building sitting at the right
of way (ROW) line which the applicant believes is less desirable, less safe, and not in
keeping with the adjacent properties uses. It also provides for only 28.10 feet of
buildable area under this scenario which vastly limits the property use.
Board of Adjustments
August 1,2016
Agenda Item 3
16-5541 Campbell
Page 5 of 12
July 18, 2016
Page 2
The proposed variance works more harmoniously with the overall neighborhood but
works best with the adjacent property at 907 West Eagle by providing two Tracts with
similar setbacks and buildable area and allowing the applicant to enhance the area in an
manner that is more compatible overall with these properties.
The Tract A provides for a 5 foot rear set back and the rear of the new property actually
sits adjacent to an existing single family residence at 907 West Eagle Street. Tract B will
also have the rear setback adjacent to the rear of the property at 907 West Eagle but with
a vastly different setback if this variance is not approved. In short, one duplex has a 5
foot setback adjacent to this property and a second would have a 20 foot setback adjacent
to the same property, which is not desirable for visual and safety reasons. Peaceful and
safe coexistence amongst all neighbors is desirable by the applicant and approval of the
variance will help ensure this.
Support of Favorable Findings
The City of Fayetteville's Board of Adjustments sets forth four conditions under which
variances such as those proposed in this letter would be found acceptable to the Zoning
Administrator/Planning Commission. The applicant is confident that the proposed
Variances fall within these Guidelines and submits the following additional information
for consideration:
1) "...special conditions.." —The applicant believes special conditions exist on the Tract
B property as described herein that if not approved will allow for construction of a duplex
property adjacent to the ROW, reduction in parking and less safe ingress/egress to the
property, as well as less visually harmonious design with adjacent properties. There is an
adjacent alley to the property that could be considered to create a "corner lot" on this
Tract. As noted, building to the ROW allows for only 28.10 feet of buildable space and
vastly limits use of the property. The applicant would like to build a duplex with garage
parking. If the variance is not approved and the unit is built to the ROW line, then a unit
with garage parking if virtually impossible due to space and costs. The applicant would
experience practical difficulty daily in maneuvering vehicles inside a more confined
space and/or having to park outside of the home's secure zone if this variance were not to
be granted. The slope of the Tract b limits the ability of the applicant to use the rear of
the property for such parking. The applicant does not desire on street parking as a
primary and is seeking to remedy with onsite parking and garage.
2) "....rightly of commonly enjoyed..." - The applicant noted that similar guides were
used in the approval by the Board of Adjustments on January 7, 2013 for property at 727
North Storer Avenue and Parcel Number 765-10413-000. This Tract is located on lot 1
in the same Rose Hill Addition as the applicant's request on lot 4 and in the same block.
It appears the rear setbacks were adjusted from 20 feet to 8 feet on this approval. The
applicant submits that this request meets the requirement approvals in properties in the
Board of Adjustments
August 1,2016
Agenda Item 3
16-5541 Campbell
Page 6 of 12
July 18, 2016
Page 3
same district. Further, the applicant believes this approval provides for the best overall
integration with the existing neighborhood, namely 907 West Eagle Street.
3) "..not a result of the applicant.." —The variance request is a request from the applicant
to best improve and enhance property in existing neighborhoods and in this case a
property in an overlay with the University of Arkansas. The applicant understands and
values the need for guidelines and standards for zoning and setbacks and respects that
greatly. In this case, the setbacks are established by the esteemed bodies but the
applicant strongly submits the variance proposed is a better application in this one
scenario. It improves sight lines along North Oakland Avenue and the adjacent
properties and provides for other improvements as stated herein.
4) "....will not confer..." — The applicant respectfully submits this request is keeping
with previously approved requested in the same block and only a few feet away. As
such, the approval does not confer any special privilege on the applicant. The applicant
respectfully submits the desire to be a good neighbor by creating a more harmonious,
peaceful and safe neighborhood is enough to justify allowing the petitioner to achieve
that goal in any circumstance. The proposed variance does no harm to either public or
private interests, and is not injurious to any property or interest
I greatly appreciate the City of Fayetteville, the staff, and the Board of Adjustment
Members. Thank you for your time and service and for your consideration of the
variance. I remain hopeful in its approval and continued progress in the city.
Respectfully submitted,
W
V\VlAaAk
Michael Campbell
Enclosure
Board of Adjustments
August 1,2016
Agenda Item 3
16-5541 Campbell
Page 7 of 12
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Page 8 of 12
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16-5541 Campbell
Page 8of10
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Board of Adjustments
August 1,2016
Agenda Item 3
16-5541 Campbell
Page 10 of 12
BOA 16-5541 CAMPBELL JAL
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Board of Adjustments
August 1,2016
Agenda Item 3
16-5541 Campbell
Page 11 of 12