The URL can be used to link to this page

Home My WebLink About170-09 RESOLUTIONRESOLUTION NO. 170-09 A RESOLUTION APPROVING A VARIANCE OF SECTIONS 164.12(F), REPAIRS AND MAINTENANCE OF NONCONFORMING STRUCTURES AND 166.18 MASTER STREET PLAN SETBACKS OF THE UNIFIED DEVELOPMENT CODE TO ALLOW THE EXISTING STRUCTURE LOCATED AT 812 W. CLEVELAND STREET TO REMAIN WITHIN THE MASTER STREET PLAN RIGHT-OF-WAY SETBACK AND TO BE IMPROVED GREATER THAN THE 10% REPLACEMENT COST ALLOWED BY CODE. WHEREAS, Section 166.18 of the Unified Development Code does not permit improvements to buildings that lie within the Master Street Plan right-of-way setback; and WHEREAS, a Master Street Plan right-of-way setback of 70 feet from centerline is required for this portion of West Cleveland Street, a Collector Street; and WHEREAS, the established setback line results in a building that partially encroaches into the setback and the nonconforming structure therefore may not be improved; and WHEREAS, Section 164.12(F) of the Unified Development Code states that existing nonconforming structures may not be improved or repaired to any extent exceeding 10% of the current replacement cost of the non -conforming structure in any period of 12 consecutive months; and WHEREAS, the existing structure on the subject property would have to be removed or substantially altered for redevelopment or improvements if required to comply with the current Master Street Plan; and WHEREAS, the property owner wishes to improve the dilapidated structure and faces a unique and difficult hardship imposed by the Master Street Plan right-of-way setback and the limits on repairs on a nonconforming structure; and WHEREAS, this section of Cleveland Street has been improved in the recent past by the City and the right-of-way is not currently anticipated to be needed for expansion; and WHEREAS, the City Council recognizes the unique and undue hardship on the property owner and finds that a variance from these requirements will not have the effect of nullifying the intent and purpose of the development regulations; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, in accordance with § 156.03 Development variances, hereby approves a variance of Section 164.12(F) of the Unified Development Code, permitting the structure to be improved as needed so long as the structure does not extend further into the right-of-way than it exists today. Page 2 Resolution 170-09 Section 2: That the City Council of the City of Fayetteville, Arkansas, in accordance with § 156.03 Development variances, hereby approves a variance of Section 166.18 Master Street Plan Setbacks, permitting the existing structure to remain in its current location as depicted on Exhibit "A", provided that said approval in no way prohibits the City from obtaining right-of-way pursuant to the Master Street Plan in the future for widening of adjacent streets. PASSED and APPROVED this 4th day of August, 2009. APPRO ED: ATTEST: A r I I NEL i or' DA Mayor ' 1 - liAAkti) SO i ''• E. SMITH, City erk/Treasurer ��„"iFf,,,,, —:.:,e,.�`.onc 66 // 7,,'� , ,O°�,1, Y OFb b..,p` ti V 4 . : FAYEUEVILLE: 7. b /e,/y/ c'' 0 �,• EXHIBIT "A" PLAT ,OF SURVEY S89°15'16"E ..65' 1 PARCEL V765-10426-000 0.22 ACRES ./- 20011 E)(TSTIN(a POW r 81'-1 MASTEK.STF,-10'o- PIR') 20W = 0 8048'01" '2v li r N 89`5926" W PARCEL VJSS-10425-000 0.00 ACRES 9/ - N 69°2VI8` SY CONCUR ITEI.D )YORK: M ��Y 5.2009 9 99- or— w—w-10_or re ue—w—oe—w—w_w_w-10_10-10_10—w.g 410LD041) SII TH0CKS: PROPERTY 0)NEO FRONT 100 004.40 SIDE Sit SURVHEAR 200 SIS OE B4O 110II 1014 4EY PI WEIIY roo to HEMINGWAY, 1011 NO..A-108, DATED LUNE 11.1989 121:121te NOE DOCUMENTS: 1115)04 20'1'0 DEED 11110143N HOOK 21109 AT PAGI'. 15193 21 ROSE NIL L ADDITION01I0) 00IDN 11,D IN 0000 Oan1 CAGE 1,1 M MM., PLAT BY DOUG 11EMINOWAY. 1013 NO .4.108, DATED MINI: 13, 1984 9) SURVEY PIA f IlY FRANK BLEW ILC, LA 11:0 DEDEN H[121u, 1987 VICINITY MAO 034)01'1 Y 01A040)00.1 DAVID WALL ADI0 8240X'8 eArrrrr SURVEY DESCRIPTIONS PARCEL. P7661IU926.4 0 Tllf NEST FORTY 190) 10)T OF LOT .01%(6) IN BLOCK NUMBERED l'0IY019116)IN ROSE 1111.1. ADDITION TO OE SAID OF FA04(10 0ILLE, ARKANSAS. AS PER PLAT O1'.SAID 41,00 ION ON 0ILE IN THE DCTIC£ OF T. CIRCUIT' CLERK AND 4,00FTCTO RECORDER OF 1100 WASHINGTON COUNTY, ARKANSAS. ALSO. THE EAST MALI'DEA 20' WIDE VACATED ALLEYIVAAfED PER ORDINANCE ul188). ' 000I40 THE. WEST 8100E OF HEREIN DESCRIBED'fancr. 20' 40' PARCEL 0765-10926000: THE EAST 0 00ay 00417) ON 07)1117) OF I,U'1J NUMBERED SE VCN (7) AND MDT N) IN BLOCK Nt Tim CITY (I6) IN 008E 1111.1. ADDITION 90 TILE CITY OF FAYE'I4)10E, 0RKANSAI, AS PER PIAT 00 SAID ADDITION 08 ON FILE IN THE OFFICE OF TILE WRC'l)0 CLERK AND E'X-01111:10 RE00(00 00 WA,0)14'1'ON CO11NTY, ARKANSAS. )01,1 001 WESE HALF OF A 20 011 00). VAC'AT'ED00 .00 (VAC.n0 1: PER ORDINANCE 011881. A010140 THE LAS) SIDE OF DERE. DESERIRED'I RACE. PORTION CERT1FIDAT10:N: 40 NO PORTION OF THIS PROPERTY IS241100OD 031)1110 01000401, F, "A" OR "AE" AS DE 10000 ED BY THE NATIONAL ROOD INSURANCE 101400 M FLOOD INSURANCE TWEE MAP FOR LVA, HINOION COUNTY, ARKANSAS. (1IIIM PANEL 110519iC1121U, DATED MAY 16, 9008) Bates o°d Associates,inc, 0MIFnglmNng & 4.4 Sunny( GRAPHIC SCALL: (IN 0EE11 Orv0=20f1. 60' w0 BSu�RR[CI S ATE 02 KAN 'RR'cx 1. r?s: J4 oNAI .LAN9 5 Ron, OaipiNylµp u0 1i s SEALIS Rot 1,S SBxOi Pfreto µ5v C0� E C NDx SPAR AN 0RIONAL SE. MD MENAIurzEa[S LEGEND: ^.N.,v...7p • ED smi. Pi obit tri $1041.1,41..4 Jesse Fulcher Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/4/2009 City Council Meeting Date Agenda Items Only Planning Division Action Required: Development Services Department ADM 09-3384: (812 W Cleveland Street ROW Variance) Submitted by Jesse David Wall for property located at 812 W. Cleveland Street requesting a variance of the Master Street Plan setback for 812 W. Cleveland Street in the manner indicated to allow the existing building footprint to remain in its current location and be improved. Cost of this request Account Number Project Number Budgeted Item $ Category / Project Budget Program Category! Project Name Funds Used lo Date Program 1 Project Category Name Remaining Balance Budget Adjustment Attached City Attorney CS l LA Finance and Internal Services Director Date - ? -(Ci Date Dale Chief of St.ff Date ate ate Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number Received rn Mayor's Office Comments: Revised January 15, 2009 City Council Meeting of August 4, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Jeremy C. Pate, Development Services Director Date: July 15, 2009 Subject: Right-of-way setback variance at 812 W. Cleveland Street (ADM 09-3384) RECOMMENDATION Planning Staff recommends approval of a resolution allowing a variance of Unified Development Code Chapter 166.18 Master Street Plan setbacks for 812 W. Cleveland Street in the manner indicated to allow the existing building footprint that encroaches into the Master Street Plan right-of-way to remain and be improved. BACKGROUND The subject property is located at 812 W. Cleveland Street and is developed with a single-family home constructed in approximately 1951. The existing home extends approximately 7' into the Master Street Plan right-of-way of Cleveland Street. Cleveland St. is designated as a collector street along this property, requiring 70' of right-of-way, due to the close proximity with the intersection of Leverett Street. The Board of Adjustment on Monday, July 6, 2009 voted to approve a proposal to bring the non -conforming building into compliance. In addition to Board of Adjustment approval, a variance of the Master Street Plan setback ordinance is required to be approved by the Fayetteville City Council in order to permit the nonconforming structure that is located within the College Avenue Master Street Plan right-of-way to be improved more than 10% of its current replacement cost. Chapter 166.18 of the Unified Development Code does not permit the establishment of new structures or improvements within the Master Street Plan right-of-way. BUDGET IMPACT None. RESOLUTION NO. A RESOLUTION APPROVING A VARIANCE OF THE UNIFIED DEVELOPMENT CODE SECTION 164.12(F) NONCONFORMING USES AND STRUCTURES, REPAIRS AND MAINTENANCE, AND SECTION 166.18 MASTER STREET PLAN SETBACKS, ALLOWING THE EXISTING STRUCTURE LOCATED AT 812 W. CLEVELAND STREET TO REMAIN WITHIN THE MASTER STREET PLAN RIGHT- OF-WAY AND "1'O BE IMPROVED GREATER THAN THE 10% REPLACEMENT COST ALLOWED BY CODE, WITHIN THE EXISTING LIMITS OF THE STRUCTURE. WHEREAS, the Master Street Plan right-of-way for this portion of W. Cleveland Street, a Collector Street, requires 70 feet from centerline and consequently bisects the existing structure resulting in a building that encroaches into the Master Street Plan right-of-way setback; and WHEREAS; Section 166.18 of the Unified Development Code does not permit improvements to buildings that lie within the Master Street Plan right-of-way setback; and WHEREAS, Section 164.12(F) of the Unified Development Code states that existing nonconforming structures may not be improved or repaired to any extent exceeding 10% of the current replacement cost of the non -conforming structure in any period of 12 consecutive months; and WHEREAS, the existing structure on the subject property would have to be removed or substantially altered for redevelopment if required to comply with the current Master Street Plan; and WHEREAS, the property owner wishes to improve the dilapidated structure; and WHEREAS, this section of Cleveland Street has been improved in the recent past by the City and the right-of-way is not currently anticipated to be needed for expansion. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a variance of Section 164.12(F) of the Unified Development Code, permitting the structure to be Page 2 Ord. improved as needed so long as the structure does not extend further into the right-of-way than it exists today. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a variance of Section 166.18 Master Street Plan Setbacks, permitting the existing structure to remain in its current location as depicted on Exhibit "A", provided that said approval in no way prohibits the City from obtaining right-of-way pursuant to the Master Street Plan in the future for widening of adjacent streets. PASSED and APPROVED this day of 2009. APPROVED: ATTEST: By: By: I IONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer NNYSTD/, EXHIBIT "A" PLAT OF SURVEY F.CEL VE,S. 10.- 00:: 0.12 ACRES +7- EX,S,Iiac,1226,/ .„!! AM.31,612. 12-Ovv 3,5" • - 10- CONCIWI W25.1M• m51" ANII, ton,' 2N/Y 11....S1Npf . DN.NION SOWN, 00.1.11,,DNON, V, JOB NO ,10,114,1.1:11.INU IMARRANIT DEED NOOK PhD NT 0145 ROSN ADDI1M NunolywoN N Nr IA cp. IN 0001: Ns Al 1,01, N,inlY/y PENT I, DOJO IOU NO N WI ED )11NI. 13. NIA NAT IIV FI,NK t3.1.13W DE.,1,1.1-11.1C 30. VICINITY MAP 1311/1.1)INI3 srrANcx, PROPER,' ZONED FlIONT IINFNIN SIDS :AN 20' 40' 60' NORM DESNRIVIIONS NA1.1E1 R,,104,6 WLSI FOR FY 1401 HET Or LW SD. Dj IN SI DO. NUMMI.) SIXD.1,N IL:, IN ROSE MIL DON TO— 'IDE COY OF DA VE171,11.1, ARRANNA,A, Ye: 11 AN ORNIIIIDN,A1., I Dr.!) ADONI ION ON FILE IN THE 01INCI, Of 'DID 1 to.ch N CIRCUIT CI.IIRK AND MODDICO, RECORD. 01 WASIIINGION COLIN, ARKANSAS .D.10. DIE EAV /INI.1 Or A 30.WIIIN VANNIND Al. DNICA 1M NUR ORDINANCE NJOND A0101,11,111, W17,1 SIDE ON DEREIN DESCAMEOTRACT ?ARCM. 074,1012,00. •ritr FASTUUIY•NINIIN D.11,1,01: NUAIDERED !AVM (7) ADO ENKT ON IN ID oCK (1.4) IN ROSE 1111.1.NOODOON 10 'ME CD, OF NA NEVES.... ARKANSAS, ?NA 1,1 ON SAIDADDITION ON F. !NIDE ODIN, or IE DIRCIIINCLERK AND EN•OlINIt ItECORON WWI/DIDION COI:WY, ARNANSAN NINO. IDE WES) NAL/ or A WIDE VACATED IX, A 1 1:0 PER ONDINANCE A MING L kS1 NIDE OF 111,1I,I, DESCI,IDEINO,Cr ORDW/WITNOPER /S1.0,11:0 IIIN 14.00D2ONE "A- ON -AC-A, DUI ER,IINED WIDE NATIONA1.11,0D $NSURANCE I 'SS/C.1,AI ROOD INSURANCER,O; MAY 1.01( W.IoNINUNDI COMA, ARKANSAS PANNE x0,14,C07111F DAD:OWN IA, MR) " /1,2 et 1.00, kIn';1,t'oP,( °O.1'..r.ntatURP"' THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July -1,2009 Updated July 15, 2009 BOA Meeting of,July 06, 2009 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 BOA 09-3353 (WALL / 812 CLEVELAND STREET, 444): Submitted by JESSE DAVID WALL for property located at 812 CLEVELAND STREET. The property is zoned RMF -40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.06 acres. The request is for variances from lot width, lot area and setback requirements to bring an existing non -conforming lot and structure into compliance. Planner: Jesse Fulcher BACKGROUND: Property Description: The subject property is located at 812 W. Cleveland Street and is developed with a single-family home constructed in approximately 1951. The existing home extends approximately 7' into the Master Street Plan right-of-way of Cleveland Street. Cleveland St. is designated as a collector street along this property, requiring 70' of right-of-way, due to the close proximity with the intersection of Leverett Street. SURROUNDING LAND USE AND ZONING Direction from Site Land Use Zoning North Multi -Family Residential RMF -40, Multi -Family Res., 40 units/acre South Multi -Family Residential Single -Family Residential RMF -40, Multi -Family Res., 40 units/acre RMF -40, Multi -Family Res., 40 units/acre East West Single -Family Residential RMF -40, Multi -Family Res., 40 units/acre Proposal: The applicant is requesting variances from the lot width, lot area, side setback and the front setback to bring the existing lot and home into compliance with current regulations. Variance Issue Ordinance Requirement Applicant's Re. uest Front Setback (South) - House 10' 0' (a 10' variance K /Reportsl20091l30A Repora907-06-09V30,4 09-3353 (David /150/18/2 Cleveland).doc RECOMMENDATION: Staff recommends approval of the requested variances as listed herein and as shown on the attached drawing with the following conditions: 1. A building permit shall not be granted for an expansion to the structure, or for improvements that exceed 10% of the current replacement cost of the structure unless and until the City Council approves a reduction of the Master Street Plan right-of-way for Cleveland Street. 2. Future alterations or additions to the existing structures shall meet required building setback regulations, unless otherwise approved by the Board of Adjustments. Additional Conditions/Comments: BOARD OF ADJUSTMEMT ACTION: Date: July 06, 2009 Approved 0 Denied The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the entity requesting approval of this variance. Nance: Date: CITY PLAN 2025 LAND USE DESIGNATION: 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: 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. Finding: There are special conditions and circumstances that exist for this building and lot. The lot was plated in 1946 and the existing structure was constructed in 1951, well prior to the adoption of the City's zoning ordinance and Master Street Plan. Consequently, the lot does not meet the minimum bulk and area 15. Repoe5 ?0090303 Repor0109-06-09010A 09-3353 (!)avid Wall 812 Cleveland).doc requirements and the structure is located within the required building setbacks, necessitating several variances to bring the building and lot into compliance. 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 greatly reduce the applicant's ability to improve or expand the existing structure on the property. The existing building could be retained on the property, but without a variance future improvements would be limited by Chapter 164.12. Thus, literal interpretation would deprive the applicant of rights cotmnonly enjoyed by other properties in the same district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Special conditions or circumstances are not the result of the actions of applicant. The lot was platted in the 1940's and the location of the structure was determined when the property was developed in 1951. Both actions occurred well prior to the adoption of the City's current zoning regulations and Master Street Plan requirements. 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 requested variances will not confer special privileges on the applicant. The applicant is requesting approval for improvements to the existing nonconforming structure that was built prior to adoption of the zoning regulations and Master Street Plan. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No other nonconformities were 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. K. I Reporas1200918OA RepoOs109-06-09180.4 09-3353 (David Wall 812 Cleveland).doe 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday, July 06, 2009. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: The requested setback variances and bulk and area variances are the minimum necessary to accommodate the existing lot and structure. 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: Granting the variance will be in harmony with the general purpose and intent of zoning regulations, and will not be injurious to the neighborhood. The house and lot have been in their current state for over 50 years, consistent with a majority of the existing single-family lots and homes in this neighborhood. c. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions for this request which are stated on page one of this report. d. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: The use is permitted in the zoning district. K9 Repor3s12009180A Reporis107-06-091130A 09-335.3 (Dovid 59,11812 Cleve(mrd).doc Planning Department 6/3/2009 Re: House at 812 W. Cleveland My wife and I bought two houses on three lots five years ago when I retired from City College of San Francisco and came to Fayetteville to work with the Physics Department of the University of Arkansas, where I hold the honorary title of Adjunct Professor. We believe these houses were built in 1939. When we bought them, they had been rent houses for a long time and were in pretty poor shape. Of the two, the one my wife and 1 moved into was actually the worst. Now, after investing most of my life savings into repair and remodel, it is in excellent condition. I am now turning my attention to the rent house. It is occupied by Taz, a golden tenant who takes care of the property when my wife and I travel, He has held his job as a janitor at Tyson for at least two decades and is a Viet Nam veteran. He is honest as the day is long and I don't want to loose him. Unfortunately, the roof on Taz's house has started leaking. It was further damaged in the last ice storm and now leaks badly. In addition to fixing his roof, I would like to at least replace the windows for energy conservation. Due to changes in the zoning and other ordnances, including the Master Street Plan, adopted since the house was constructed, I cannot obtain permits for minor and ordinary repairs. The existing single story structure occupies a footprint of 785 square feet, and I do not contemplate changing the footprint, although I have thought of adding a second floor, or at least an attic, for storage and to improve energy conservation. As far as off-street parking is concerned, I have indeed provided Taz with an off aucet pmkiiig spate w iepittw the one iiiui iiiay iiuve i eciii iciiiovctl by the city when they improved Cleveland Street before I bought the property. (I understand that some off- street parking enjoyed by Taz and other residents at the time was lost to the otherwise excellent street improvements. My friend and neighbor to the west, for example, had an off-street parking space built for him by the city as part of the improvements, but that was Planning Department 6/3/2009 not done for Taz. I am aware of this mostly because the city put half of my neighbor's space on my property so that they could avoid cutting down a fine old nut tree. While 1 approve of their solution, I now must charge my neighbor a nominal rent annually for my half of his space to keep my title clear.) I am requesting variances for lot width, lot area, and setback for the existing lot and structure so that I can repair, maintain and improve my property the same as can my neighbors, who are mostly large property owners, can repair, maintain and improve their large multi -unit apartment buildings. The conditions and circumstances that require these variances are not in any way my fault as the house was built to conform with whatever zoning and setback requirements that existed at the time that it was constructed. Although I visited with planning staff before buying my home and this property to find out what my options were, I did not even become aware of the problems that now exist until I approached planning staff with the idea of adding to the height of Taz's house. I understand from planning staff that at least some of the conditions and circumstances confronting me are rare. I am unaware of any special privilege that I would be granted to me by this variance that would be denied to others. N((LI.VJ01 •521ddV NI V 11 ;1.1.61 zzQQ� P�tn� �� — -- ,Z6'6t; A1.d'i.Z0,-00 N %t e - vi -'I �Iz �.1A ,LO,OZd)0 S -x- 0 0 0 N44 O I ^ N r- < n z s b o 0 a ]8.0' In .II Oc .133.001 - 31 „3:.-:3,00 881 £ll i30NVNIU2102Jd A3TIV U.•II.VJVA .03 0 0 0 0 03001 0nv—o ,0000 N .83.001 i3 .35,6L000 N IF Overview e 1 Legend Subject Property ® BOA09-3353 0 0.25 Boundary 0.5 1 M iles