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Home My WebLink About2016-11-07 - Agendas - Final (2) CITY OF Tay� LY i'I'l e� AGENDA ARKANSAS Board of Adjustments Meeting November 7, 2016 3:45 PM 113 W. Mountain, Room 219 Members: Kristen Knight (chair), Porter Winston, Scott Blacksher, Steve Clowney, Casey Hoffman, and Bill Finer. City Staff: Andrew Garner, City Planning Director; Jonathan Curth, Senior Planner Call to Order Roll Call 1. Approval of the minutes from the August 1, 2016 meeting. Old Business: No items New Business 2. BOA 16-5636: Board of Adjustments Item (2241 N. WOODLARK LN./MENDENHALL; 324): Submitted by DEBBIE MENDENHALL for property located at 2241 N.WOODLARK LN. 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: Jonathan Curth Announcements Adjourn 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 Deaf) 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. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF Fa Y i'1'1� MINUTES ARKANSAS Board of Adjustment August 1, 2016 3:45 PM City Administration Building in Fayetteville, AR, Room 111 Members: Kristen Knight (chair), Porter Winston, Steve Clowney, and Casey Hoffman City Attorney: Blake Pennington —Assistant City Attorney Call to Order: 3:47 PM, Kristin Knight In Attendance: Kristin Knight, Porter Winston, Casey Hoffman, and Steve Clowney Absent: none. Staff: Quin Thompson, and Harry Davis 1. Approval of the minutes from the June 6, 2016 meeting. Motion: Board Member Porter made a motion to approve the minutes from the June 6, 2016 meeting. Board Member Hoffman seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. 2. Old Business: No items 3. New Business 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. Quin Thompson, Planner: Gave the staff report. Gary Linn, Applicant: We will be reducing the footprint of buildings on the property, will be a better fit with the 1895 home. Kristen Knight, Chair: Asked the applicant if the existing garage would remain, or be rebuilt. Mailing Address: Board of Adjustments N vember 7,2016 113 W. Mountain Street www.fayettJ,1eA�EMRXItem 1 Fayetteville, AR 72701 08-01-2016 Minutes Page 1 of 3 Linn: Said that the existing garage would be rebuilt. He said the existing has a wooden floor and no apparent foundation. Public Comment was not provided. Motion: Board Member Clowney made a motion to approve BOA 16-5517 with staff recommendations. Board Member Hoffman seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. 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. Harry Davis, Planner: Read the staff report Rapid, extended discussion between Staff and Board attempting to fix some confusion Dave Jorgensen, Applicant: Understands the situation and have passed the information on to the applicant. The flag is to have utilities. Owner has decided to split the lots and therefore we are here. Will move the two principal structures information on to applicant. Kristen Knight, Board Member: Wonders aloud if there is no other way to split these lots. Public Comment: Ed Hayes, Neighbor: Confusion over setbacks and alley. Davis: Explains the setbacks and alley. No further public comment. Knight: Unable to find a hardship when a hardship is created. Casey Hoffman, Board Member: Asks why there is a 20' setback on the side. Davis: Considered a rear in this case. Stephen Clowney, Board Member: Asks why the alley does not allow this to be considered a corner lot. Davis: Explains that alley is not street frontage for this lot. Porter Winston, Board Member: Concerned over strands of great trees on these lots along the east property line. Hoffman: Concurs with Winston. Board of Adjustments Novemb 7,2016 Agen-da Item 1 08-01-2016 Minutes Page 2 of 3 Knight: States they cannot support this variance knowing that this has been created by the applicant. Clowney motions to approve the variance, seconded by Hoffman. Motion fails Motion: Board Member Clowney made a motion to approve BOA 16-5541. Board Member Hoffman seconded the motion. Upon roll call the motion failed with a vote of 0-4-0. 4. Reports: No reports 5. Announcements: 6. Adjournment Time: 4:30pm 7. Submitted by: City Planning Division Board of Adjustments November 7,2016 Agenda Item 1 08-01-2016 Minutes Page 3 of 3 CITY OF A, L 7y'11* a BOARD OF ADJUSTMENTS MEMO ARKNSAS TO: Board of Adjustment FROM: Jonathan Curth, Senior Planner THRU: Andrew Garner, City Planning Director MEETING DATE: November 7, 2016 SUBJECT: BOA 16-5636: Board of Adjustments Item (2241 N. WOODLARK LN.IMENDENHALL; 324): Submitted by DEBBIE MENDENHALL for property located at 2241 N. WOODLARK LN. 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 denial of BOA 16-5635 based on the findings contained in this report. BACKGROUND: The 0.36 acre property is located at 2241 N. Woodlark Lane and is a part of the Bird Haven Terrace subdivision, which is zoned RSF-4, Residential Single Family, 4 Units per Acre. The neighborhood was developed in the late 1970s and early 1980s with single-family detached ranch-style homes of approximately 1,300 to 1,800 square feet. There is an existing 1,829 square foot, single-family detached dwelling that was built in 1979 according to Washington County parcel records. Although originally built with 1,429 square feet of livable space, the structure has since been modified to enclose the 400 square foot attached garage. The property is a typical rectangular parcel for this neighborhood, with approximately 85 feet of street frontage on Woodlark Lane. Terrain on the property is largely fiat, rising about 5 feet from southwest to north east. On September 12, 2016 the Planning Commission granted a variance from the City's Driveway and Parking Standards requirement to have 18 feet between the facade of a proposed new carport and sidewalk or Master Street Plan right-of—way.A survey of the property is attached. Surrounding zoning and land uses are depicted in Table 1. Table 1 -Surrounding Zoning and Land Use Direction from Site Land Use Zoning North Single-family Residential RSF-4,Residential Single-Family,4 Units per Acre South Single-family Residential RSF-4, Residential Single-Family,4 Units per Acre East Single-family Residential RSF-4, Residential Single-Family,4 Units per Acre West Single-family Residential RSF-4, Residential Single-Family,4 Units per Acre Board of Adjustments November 7,2016 Agenda Item 2 16-5636 Mendenhall Page 1 of 12 Request: The applicant requests approval of a 11 foot front setback (a 4 foot variance) to allow construction of a new 18 foot by 20 foot prefabricated metal carport on the east side of the existing house, over the driveway. The requested variance is listed in Table 2. Table 2-Variance Request Variance Issue Requirement Applicant's Request Variance Front Setback East is ft. 11 ft. 4 ft. Public Comment. Staff has not received public comment. RECOMMENDATION: Staff recommends denial of BDA 16-5636 based on the findings herein. If the Board chooses to approve the request, staff would recommend the following conditions: 1. Any new development shall comply with all zoning development regulations including building setbacks, except those varied by the Board of Adjustment; 2- All required permits shall be obtained prior to any construction or repair of the existing structure or to improve the subject property; 3. In no way shall the approved variance grant exceptions from the City's Building Code; and 4. This variance is limited to an 18-foot by 20-foot prefabricated metal carport as described by the applicant in this packet. BOARD OF ADJUSTMENT ACTION: ❑Approved ❑ Denied Date: November 7, 2016 Motion: Vote: Second: Note- FUTURE LAND USE PLAN DESIGNATION: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. Board of Adjustments G:IETC0evelopment Services Review120160evelopment Review116-5636 BGA 2241 N.Woodlark Ln_ (Mend en hall)November 7, Agenda Item em 2 2 324101 BGA111-07-2016 16-5636 Mendenhall Page 2 of 12 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: Strict enforcement of the zoning ordinance would not cause undue hardship to the property owner. As a whole, the lot is of sufficient width and area to allow its use as a single-family dwelling, which has occurred for over 35 years. As noted, the property is relatively flat and a rectangular shape. That the owner wants to construct a new carport is not a special condition or hardship. Although not covered, there is adequate room for parking on the property and on Woodlark Lane directly adjacent to the residence. Should other properties within this subdivision propose structural additions, they would be required to conform to the 15-foot front setback similar to the subject property. It is worth noting that this property is the only one in the Bird Haven Terrace subdivision identified by staff to not have covered or enclosed parking. However, it is also the only property identified that enclosed the existing garage into additional living space, which was done by a previous owner. {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: Approving the proposed variance to permit the encroachment of a carport in to the front setback of the subject property would not be in keeping with the spirit and intent of the zoning ordinance. The RSF-4 front zoning setbacks are intended to provide, among other things, adequate room for sidewalks, the safe placement of utilities along street right-of-way, and a moderately uniform streetscape. In this case, a carport of any size would represent a deviation from the existing front plane of principal facades along Woodlark Lane that is fully built out. (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 necessary to make possible the reasonable use of the applicant's land or structure. As discussed in Finding No. 1, the property has been used for many years as a single family residence. There is more than adequate room for a home, parking, and a yard without encroaching into the building setbacks. (0) 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 four conditions of approval (see conditions above). Board of Adjustments G:IETC1Deveio ment Services Review120161Develo meet Reviewl16-5636 BOA 2241 N.Woodlark Ln. Mendenhall November 7,em 2 P P � � Agenda Item 2 324101 BOX11-07-2016 16-5636 Mendenhall Page 3 of 12 (E)Non-permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: Single-family dwelling units and detached carports are a use permitted by right in the RSF-4 zoning district. BUDGETISTAFF IMPACT: None. Attachments: • UDC 161.07 - District RSF-4, Residential Single-Family - Four(4) Units Per Acre • Request Letter • Property Exhibit • Property Survey ■ Carport Manufacturer Cut-sheet • One Mile Map • Close Up Map Board of Adjustments G:IETClaeve#opment Services Reviewl20160evelopment Review116-5636 BGA 2241 N Woodlark Ln. (Mendenhall)November 7,2016 324101 BOAl11-07-2016 Agenda Item ll 16-5636 Mendenhall Page 4 of 12 161.07-District RSF-4, Residential Single-Family-Four(4)Units Per Acre (A) Purpose_ The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings J (2) 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 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. Single-family Two(2)family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two(2)family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area 8,000 square 12,000 square minimum feet feet Land area per 8,000 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 8,000 square 12,000 square District Lot feet feet area minimum Board of Adjustments G:IETC0evelopment Services Review120161Development Review116-5636 BDA 2241 N.Woodlark Ln. (Mendenhall)No Agendember 7,a Item 2 324101 BOAl11-07-2016 Agendll 16-5636 Mendenhall Page 5 of 12 Land area per 8,000 square 6,000 square dwelling unit feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum --T45 feet 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. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. (Code 1991, §160.031; Ord. No.4100,§2(Ex.A), 6-16-98;Ord. No.4178, 8-31-99;Ord. No. 4858,4-18-06;Ord. No. 5028,6-19-07; Ord. No, 5128,4-15-08;Ord. No. 5224,3-3-09; Ord. No_5312,4-20-10;Ord. No. 5462, 12-6-11) Board of Adjustments G:lETC\Development Services Review120161Development Reviewl16-5636 BOA 2241 N.Woodlark Ln. (Mendenhall)November 7,2016 324101 BOA111-07-2016 Agenda Item ll 16-5636 Mendenhall Page 6 of 12 16-5636 Request Letter Chairman of the Board of Adjustments: 1, Debbie Mendenhall, applicant, would like to request a variance from the Board of Adjustments to add a carport over half of my existing driveway at 2241 Woodlark Lane. The carport would be 18 feet wide by 20 feet long.The structure would consist of 4 metal poles and a metal roof. I am requesting a building setback variance for this project. A and C When i purchased my home in 1989 the garage had already been enclosed by the previous owners.To remove the wall, bricks, and window and put another garage door in would cost several thousand dollars more than adding the carport. I received a conditional use permit in August of 2006. 1 was required as a new business to put in a sidewalk. I paid for the sidewalk but the city said it could not be put in the front of my home because there were no other sidewalks on my street.The money was used to put sidewalks in the Holt middle school area. B The setback was changed after my home was constructed. My proposed carport roof would be 4 feet into the setback area.This wild not be a walled structure but a carport with 4 poles and meta! roof. D am not asking for any special privileges just permission please to build a carport over half of my driveway to park my new car under. Because I paid for a sidewalk that was not built in on my property I feel it is unfair that a building setback he imposed when t was already told that a sidewalk would not be built. Thank you, Debbie Mendenhall 1 Board of Adjustments November 7,2016 Agenda Item 2 16-5636 Mendenhall Page 7 of 12 VOIZZ sesuw4 'aIj!AOU9AU=j `ul>pelPoQM 6VZZ IF - 0 � d ■ Ry+ a3uaplSOH 1184UOPUOUI 041 V is 11 is jo�uol�IPP1� ad+e�d " - ¢ �Y`�s w u �,r�� V u]p 4 NI MHVlaoaN► M Q d lm'I dfV11.iC2fJdptfd.98 :�� __ k�YBl3SlHOlH.�rt i !OW ` E j an t � I I � I I ❑� CL 1 I I as o Iw� L ❑ U Ir Q d q� Z x Z II{] 1Q ❑m a zr� Q w v w z w 1 a ❑ F ❑ wry w Nw N T Lu I 1 0 p II :3w II o=r iuY¢ 5 w I I ° ro a II II I `" II L1ggnasy3 w!11.17.U6 I I U 11 I � I L, I t V ' !� Na1'8L3521Y371.Si I Q I , L_------ ---J ori,-,iu.a�dozld.sv Board of Adju tments November 7,2016 A end Item 2 16-5636 Mendenhall Page 8 of 12 a+s-a.e* vim 16-5636 w.Km. 1989 Property Survey N i F.I�ST iu.a• I 1 I a F=31' 0 �' a 1 i��r• o �i'e I "DME 1 y I : � 1 w I � 4 WE 1 $ MUT lass- } at RRVEW KIC: Lindsey AssociatEs DME: Mp 24. 1989 Sellier: Farmer Buyer: ?%xxb rltMU 2241 Woodlark Fayetteville. Arka s TS�ll.EESCKCFrUW- lot Nmberad Fb= (4) in Block"T' of ffird I1avm Tezrraee, an Addition M the City of Fayetteville. Arkansas. as recorded in the CirCat Cl.Eic and EK-Offlcio Reaortlrr office in atm Oipunty. Arkansas. I hereby certify dzat Y bwwe this day node a complete survey of the abase described property as d om on this plat of survey. The property 1iriea and COMM maauments, to the gest of my iaxwled8e area belief, are correctly estahlidied. all erxxoss]ments, if we as sbom oo this plat, to die best Of ay immiled e. Cls dde the 2Gth day of ley, 1989. ipNSTE Z STa� - 0. `..qG Lard a - -ri+ry.r.aanat� - Board of Adjustments . November 7,2016 Agenda Item 2 16-5636 Mendenhall Page 9 of 12 16-5636 Manufacturer L Gut-sheet 40 Color Chart CARPORTS 918-869-8418 Flat Carports Contact Us (Click any Image to enlarge photo) Please contact us with any questions you may have. 918-859.8418 or 918-348-1155 r bryanpage@ymail.com j' liwy 69 North.Muskogee,OK 74401 ` r zTx G L L lw"�rldingz IR Flat Carports Our Flat Carports are built with all metal construction consisting of 3"or 4"square turfing for the framework and 26 gauge metal panels on the roof.They are normalty attached to your house or building and sealed underneath your metal roof or shingles.Framework is either white or black. Your choice of color for roof panels and trim. Any size available.Call for pricing. l a n ry s PopaM1! 12x20 $1595 15x20 $1795 1$x20 $1950 20x20 $1995 Wrairrn SlYe oa 12xr24 $1895 15,24 $1995 18x24 $2195 20fQ4 $2250 a 12x30 $2295 1500 $2450 18x 0 $2550 20x30 $2595'', plat roam t:mw 12x40 $3195 15x40 $3295 18x40 $3195 20x40 $3395 30x20 $2995 40x20 $3995 GBi.Carports$t More 165 4ikes 30x24 $3395 40xQ4 $4595 3000 $3895 40x 3O $5295 30x40 $4795 40x40 $6395 Like Page share Be the firstof your friends to like INS -41 1 Board of Adjustments November 7,2016 I Agenda Item 2 16-5636 Mendenhall Page 10 of 12 BOA 16-5636 M E N D E N H A L L A& One Mile view NORTH 0 0.125 0.25 0.5 Miles •'2Y M CI'1.,1] ■ ■ PINEOL' 5 #+ RSF-1 ; i r - ----------------Y r RSF4 ■ LORI DR = ! ■ ! r N5 ! ■ r ■ ! r x Subject Property i N N pR� R-A � N L 0 r• n N r a a E'-I C-2 i I •i RMF-24j ..EANN WAY f y RPZD r� _ - I ■ 1 ,J Iw,�v E%TRACTIOR Legend _ - RESIDEWNAL SNIGLI FAMRY W- - RnMens»bry�d COM MERCIRL RSI'.S 0.nZexw,.�a R5i-I Fr + Planning Area Fayetteville City Limits - RYe FORM BASED 043TRICT5 — R ...... Shared Use Paved Trail WSIDEWL&L MYLTFFAMLY low-,Z R.aMr.ui rwow mre�.gm.r oo.r.wn c.nrr RMFA _Cwnn�iry Saw�w Trai!(Proposed) Design Overlay District �RRr'E+ PLANNED IONI=STRICTS -- J Y -- ;Planning Area -- -- ZR 4 e� ��r .,.. II/OUBMIAL IN3MUTIONAL Building Footprint Fayetteville City Limits Board of Adj tments 7,2016 Agenda Item 2 16-5636 Mendenhall Page 11 of 12 BOA 16-5636 M E N D E N H A L L Close Up View QUAIL OR i LU 7 Y U_ y L LU x DOVE DR Y 2 a x a J fflHH a 0 Subject Property MEADOWLARK DR SF-4 P-I NORTH1 Legend Building Footprint RSF-4 Planning Area Feet P-1 ,- -- Fayetteville City Limits 0 75 150 300 450 600 1 incl = 200 feet Board of Adj stments Novembel 7,2016 Agenda Item 2 16-5636 Mendenhall Page 12 of 12