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Home My WebLink About2023-09-11 - Agendas - FinalCITY OF FAYETTEVILLE ARKANSAS Board of Adjustment Meeting September 11, 2023 3:45 PM 113 W. Mountain, Room 219 MEETING AGENDA Members: Bill Finer (Chair), Lindsey Steiger -Muck, Erin Adkins-Oury, Josh Carson, & Jason Young City Staff: Gretchen Harrison, Senior Planner; Hannah Hungate, Assistant City Attorney Call to Order Roll Call 1. Approval of the minutes from the August 7th, 2023 meeting. Unfinished Business: None. New Business: 2. BOA-2023-0010: Board of Adjustment (1207 N. SHADY LWLITTLE, 406): Submitted by MARJORIE LITTLE for property located at 1207 N SHADY LN. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.17 acres. The request is for a variance from setback requirements. Planner: Donna Wonsower 3. BOA-2023-0011: Board of Adjustment (506 N. FOREST AVE/NORDAN, 445): Submitted by BUILD A HOME INC for property located at 506 N. FOREST AVE. The property is zoned RSF- 4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.13 acres. The request is for a variance from setback requirements. Planner: Gretchen Harrison 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 call 479-575-8330. As a courtesy please turn off all cell phones and pagers. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS Board of Adjustment Meeting August 7, 2023 3:45 PM 113 W. Mountain, Room 219 MEETING MINUTES NOTE: The August 7, 2023 Board of Adjustment Meeting was held both in person and virtually. Members: Bill Finer (Chair), Lindsey Steiger -Muck, Erin Adkins-Oury, Josh Carson and Jason Young Senior Assistant City Attorney: Blake Pennington Call to Order: 3:45 PM, Finer (Chair) Roll Call: In Attendance: Bill Finer, Lindsey Steiger -Muck, and Josh Carson Absent: Erin Adkins-Oury, and Jason Young Staff: Jessie Masters, Development Review Manager 1. Approval of the minutes from the June 5, 2023 meeting. Motion: Board Member Steiger -Muck made a motion to approve the June 5, 2023 minutes with Carson seconding. Upon roll call the motion was approved with a vote of 3-0-0. Unfinished Business: None. New Business: 2. BOA-2023-0009: Board of Adjustment (930 S. WICHITA AVE/TOTAL SITE DEVELOPMENT, 557): Submitted by COMMUNITY BY DESIGN for property located at 930 S. WICHITA AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 20.04 acres. The request is for a variance from setback requirements. Jessie Masters, Development Review Manager: Gave the staff report. ents Mailing Address: September 11, 2023 113 W. Mountain Street www.fayettevilleAa"Item 1 Fayetteville, AR 72701 MINUTES (August 7, 2023) Page 1 of 2 Josh Carson, Board Member: Asked for clarification if the issue was due to a surveying error. Jessie Masters, Development Review Manager: Confirmed that is appears to be the case, but the representative of this item should be the one to clarify. Bill Finer, Board Member: Asked to hear from the representative. Brian Teague, Representative: Requested staff to display a map created to show the property line discrepancy and elaborated on the hardship now that the houses are already built. Carson: Asked what caused the shift in the property line. Teague: Speculated that perhaps the measurement were started on two separate sides of the description. Blake Pennington, Senior Assistant City Attorney: Spoke of surveyors using markers and if those markers are moved then the measurements are thrown off and land accumulation changes. Carson: Stated that a discrepancy in the lot lines may require a "white title" but is not the topic at hand. Finer: Spoke of the setback's purpose is to create a buffer or open space. In this case we also have an easement area which clearly creates a hardship due to this mix up. Motion: Board Member Steiger -Muck made a motion to approve BOA-2023-0009 with conditions as outlined by staff. Board Member Carson seconded the motion. Upon roll call the motion was approved by a vote of 3-0-0. Announcements: Blake Pennington, Senior Assistant City Attorney: Announced that Hannah Hungate has joined on as Assistant City Attorney and will officially be sitting with the BOA beginning September 2023. Adjournment Time: 4:04 PM Submitted by: City Planning Division Board of Adjustments September 11, 2023 Agenda Item 1 MINUTES (August 7, 2023) Page 2 of 2 CITY OF FAYETTEVILLE ARKANSAS TO: THRU: FROM: MEETING DATE: Board of Adjustment BOARD OF ADJUSTMENTS MEMO Jessie Masters, Development Review Manager Donna Wonsower, Planner September 11, 2023 SUBJECT: BOA-2023-0010: Board of Adjustment 1207 N. SHADY LANE/ LITTLE, 406): Submitted by MARJORIE LITTLE for property located at 1207 N. SHADY LN. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 0.17 acres. The request is for a variance from setback requirements. RECOMMENDATION: Staff recommends denial of BOA-2023-0010 based on the findings contained in this report. RECOMMENDED MOTION: `7 move to deny BOA-2023-0010." BACKGROUND: The subject property is in central Fayetteville approximately 500 feet west of the Veteran's Healthcare System of the Ozarks. The parcel currently consists of a 1,536 square foot single- family structure built in 1946. An existing non -conforming 11x20 foot garage is located in the northwest corner of the parcel, and an existing gravel driveway is shared between this parcel and the adjacent property to the north. A planning commission variance to driveway separation requirements was granted on August 14, 2023. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Use and Zoning Direction 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 West 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 DISCUSSION: Request: The applicant requests a variance to the setback requirement for accessory structures. The applicant is proposing to install a 12-foot by 17-foot carport at the northeast corner of the house, tied to the house with a 12-foot by 12-foot pergola. Ordinance requires accessory structures over ten feet in height to meet the setback requirements of their zoning district. The variance is described in Table 2. Board of Adjustments September 11, 2023 Agenda Item 2 BOA-2023-0010 (LITTLE) Page 1 of 16 Table 2: Variance Reauest Variance Issue Requirement Proposed Setback Variance Accessory Structure Setback 5 feet 1 foot 4 feet Public Comment: Staff has not received any public comment regarding this request. RECOMMENDATION: Staff recommends denial of BOA-2023-0010. If approved, staff recommends the following conditions: Conditions of Approval: 1. Approval of this variance is limited to the applicant's request as described in Table 2 and throughout this report; 2. Approval of this variance does not grant approval of the associated building permit; and 3. Approval of this variance does not represent allowance for additional setback encroachment. BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied ❑ Tabled September 11, 2023 Note: (Second: City Plan 2040 Future Land Use Designation: Residential Neighborhood FINDINGS OF THE STAFF §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; and Finding: On the balance of considerations, staff does not find that a hardship is present for the request. All permanent structures on the property were constructed prior to 1946, prior to the creation of the accessory structure regulations governing the site. The distance between the single-family dwelling on the proposed northern lot and the accessory structure to the Board of Adjustments September 11, 2023 Agenda Item 2 BOA-2023-0010 (LITTLE) Page 2 of 16 south is only about 20 feet; however no shared access easement was located on the survey provided by Alan Reid and Associates. This means that despite previous "shared" use of the space between her dwelling and her northern neighbor, the applicant only has legal rights to approximately 8.5 feet between her dwelling and property line in order to access the existing nonconforming garage in the rear of her property. The parcel is itself existing non -conforming as it does not meet the bulk and area requirements for an RSF-4 parcel, which requires a minimum of 8,000 square feet and 70 feet of public street frontage. The parcel has approximately 7,000 square feet of area and 54 feet of street frontage. Staff notes that rezoning the property would not be advisable since the proposed carport would essentially require a zero -lot line. The property would need to be rezoned to DG, or a higher - density residential district, in order to remove the encroachment. Such a rezoning would likely not be supported at this location given the size of the property and the low -density development pattern in the area. Additionally, staff finds that while a shared access drive does not currently exist, a shared driveway has not been pursued and that the applicant specifically requested and received a planning commission variance to waive driveway separation requirements for an unshared driveway. Per §164.O2(A)(6) building setbacks for shared accessory structures may be administratively varied to permit zero lot line development in the case of shared accessory structures. An accessory structure solely on the applicant's parcel would be required to meet existing setbacks but could be placed in front of the structure in order to meet side setbacks. 2. Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance. Finding: Staff finds that granting the applicant's request to vary from the setback requirement for accessory structures in RSF-4 zoning may not be in keeping with the spirit and intent of the zoning ordinance. The addition of a carport within one foot of the property could negatively impact the applicant's northern neighbor's by significantly narrowing their access to the garage on their property. Additionally, the applicant intends to tie the carport and house together with a pergola, which would trigger Chapter 164.O2(A)(2), requiring the accessory structure to conform to all building codes applicable to the principle structure. 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 represents the minimum amount necessary to install a carport in line with the existing driveway. 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. Board of Adjustments September 11, 2023 Agenda Item 2 BOA-2023-0010 (LITTLE) Page 3 of 16 Finding: Should the Board choose to approve the variance, staff has recommended conditions of approval as outlined 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: None is requested. BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.03 District R-A, Residential -Agricultural o §164.02 Accessory Structures and Uses • Request Letter • Parcel Survey • Applicant Site Exhibit • Existing Conditions Photograph • Example Photographs • One Mile Map • Close-up Map • Current Land Use Map Board of Adjustments September 11, 2023 Agenda Item 2 BOA-2023-0010 (LITTLE) Page 4 of 16 161.07 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 Unit 46 Short-term rentals (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 1 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family 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 minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit Board of Adjustments September 11, 2023 Agenda Item 2 BOA-2023-0010 (LITTLE) Page 5 of 16 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 13 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (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; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625, §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Board of Adjustments September 11, 2023 Agenda Item 2 BOA-2023-0010 (LITTLE) Page 6 of 16 164.02 Accessory Structures And Uses Accessory Structures and Uses. Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160 through 165, and to the following general conditions: (A) Accessory Structures. (1) When Erected. No accessory structure shall be erected on any property prior to the construction of the principal structure, unless such accessory structure shall have been approved by the Planning Commission as a conditional use. An approved accessory structure erected prior to the principal structure shall not be inhabited. (2) Integral Part of Principal Structure. An accessory structure erected as an integral part of the principal structure shall be made structurally a part thereof, shall have a common wall therewith, and shall comply in all respects with the requirements of the building code applicable to the principal structure. (3) Height and Setback Restrictions. Accessory structures 10 feet or less in height shall maintain a minimum side setback of 3 feet and a minimum rear setback of 5 feet from the property lines. Accessory structures greater than 10 feet in height shall meet the setback requirements of the zoning district in which it is located. All accessory structures shall conform to the front setbacks of the zoning district in which is it located. (4) Build -to Zones. Accessory structures shall be exempt from meeting the requirements of the build -to zone in any zoning district. (5) Size of Accessory Structure(s). Any accessory structure(s) shall be 50% or less of the size of the principal structure, except for accessory roof mounted solar energy systems and accessory ground mounted solar energy systems. Any accessory structure(s) requested that is greater than 50% the size of the principal structure shall be allowed only as a conditional use and shall be granted in accordance with §163, governing applications of conditional use procedures; and upon the finding that the requested structure is designed to be compatible with the principal structure on the property and those on surrounding properties. Accessory structures that exceed 50% of the size of the principal structure shall meet the setback requirements of the zoning district in which it is located. (6) Shared Accessory Structures. Shared accessory structures may be constructed across common property lines, subject to all building and fire codes. Building setbacks for shared accessory structures may be administratively varied to permit zero lot line development. Easements for driveway access and maintenance of the structure and driveway shall be provided prior to the issuance of a building permit. For purposes of calculating size of shared accessory structures, only that portion of the shared accessory structure on the lot with the principal structure shall count toward the maximum allowable size. (7) Accessory Ground Mounted Solar Energy Systems. An accessory ground mounted solar energy system shall be considered an accessory structure and shall be subject to applicable accessory structure requirements. (8) Electric Vehicle Charging Stations. Electric vehicle charging stations that are publicly accessible shall be considered an accessory use in all commercial, mixed -use, industrial, and institutional zoning districts. Publicly accessible electric vehicle charging stations shall be reserved for the parking and charging of electric vehicles only and information shall be posted indicating that the space is reserved for electric vehicle charging purposes only. Electric vehicle charging equipment must be designed and located to not impede pedestrian, bicycle or wheelchair movement. Property owners may collect a service fee for the use of an electric vehicle charging station. Information shall be posted identifying voltage and amperage levels and any type of use, fee, or safety information related the electric vehicle charging station. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number, email address, or some other Board of Adjustments September 11, 2023 Agenda Item 2 BOA-2023-0010 (LITTLE) Page 7 of 16 contact information must be provided on the charging equipment for reporting when it is not functioning, or for when other problems are encountered. (B) Swimming Pools. Swimming pools shall not be located in any required front setback. (Code 1965, App. A., Art. 7 (1); Ord. No. 1747, 6-29-70; Ord. No. 2177, 12-16-75; Ord. No. 3131, 10-1-85; Code 1991, §160.076; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4817, 1-3-06; Ord. No. 5239, 5-5-09; Ord. No. 5592, 06-18-13; Ord. No. 5950, §1, 2-7-17; Ord. No. 6245, §§4, 5, 10-15-19; Ord. No. 6407 §2, 1-19-21) Board of Adjustments September 11, 2023 Agenda Item 2 BOA-2023-0010 (LITTLE) Page 8 of 16 August 4, 2023 (revision date) City of Fayetteville Arkansas Planning Commission 125 W. Mountain St Fayetteville, AR 72701 RE: Request to construct carport to within .5' of property line To the Chair of the Planning Commission: Issues/Hardships: • Long, narrow driveway with side porch encroachment prohibits ease of access to existing garage. • Birds perched on the overhead power line and tree cause damage to vehicles parked in driveway. Solution: Construct a carport abutting to the front porch that would provide safe, covered passage to car, easy access to street, and protection for my car from sun and snow. Code of Ordinance of concerns: • Ordinances 164.02: the Height and Setback Restrictions: Accessory structures 10 feet or less in height shall maintain a minimum side setback of 3 feet from the property line. Proposal/plan includes: 1) Construction of a 12' x 17' carport, from northeast corner of house (abutting to the north side of the front covered porch) and extending towards the street. Carport would be constructed primarily of wood posts and beams with a metal roof. Because of the narrow width of the driveway, the roofline of the carport would extend to 1 /2 foot of property line. Because of slope of lot, the height of the carport could be potentially be as high as 10.5 feet on the west end of the carport. This will allow the east side entrance to the carport to have a minimum 8 foot clearance. 2) Potential construction of a wood pergola structure, dimensions approximately 12' by 12', to the west of the proposed carport on the north side of house. This would provide a more cohesive transition from the carport to the house. Posts for the pergola would be at the property line, which would allow this area to be used for a patio space or additional parking if needed. Structure would not be roofed. Attached to the application is the following: • Survey of my property, located at 1207 Shady Lane • Certificate of Ownership form • Snapshot of our adjoining driveways • Hand -drawn layout for proposed carport/pergola project • Snapshot of a downtown Fayetteville property containing similar elements to my proposal. • Snapshot of carport design that will be used as a model for this project, except that my proposal is for a freestanding carport next to front porch with a drip edge to prevent exposure to rain/snow. Thanks for your consideration. Marjorie Little 1207 Shady Lane Fayetteville, AR 72703 mblittle0acox.net Board of Adjustments September 11, 2023 Agenda Item 2 BOA-2023-0010 (LITTLE) Page 9 of 16 !'�Vl ZD �s H gNa Nti fAti =Amm -1 om yA (PLAT) 54.0' Fx zv0° vA �� mom mc� NORTH 54.00' - mn z�� Np fvn; mAG zOtv~i C�N - �� NZ �N A� OtA CO9= �An �ZO �O b, V m �� mj 00A A0� h'IOy �a0 '0' D"M C 0 'M r0� Z z� Y VICN -, m Zy SZL µO _� 0m O �N N� c �A c) o� a y= i m 2m' A 00 A �z 0 00 m m z g -+v -ZNi� �m wo cc v f rSmN� �c� w vc-; ivy mx .io � O) r*i N a `"��A oz Z m Z0 o ;A Z EOM 00 Zo a 32s' �+ f yN chi voi VZ_i 0 F 00 -11 M PO 0 0, UD O OD= Z£ SA + NOO>O CD � O Oho 0. s N zp =5 Rcu xo �mm� .0 cn 2 c Z to m O N � c r� '� f/1 ` 4.� 32.s' 0 0 c ; r g A 2 0° min c SCREENED PORCH . A m� �0 m DO W O V W 0 A OD .R1 0 In y bD ( J U 7 W Oo O a z zvr Ir�ODOcc�o0 c R/W--- �•.. " ' • --R/W ;U o= �, m z= rn C< E GRAVEL _.. ,.. bS H1f10S P o ,00' 0'bS UVId) Ozm4mMT -,m 7m�n�nrn0 m A EP EP DN=0f�*lcmn�0� tlP 0P qv�—W p m 4 A Z m p = Z Dt Z=n�n�..a722Z m0z0;', ,A ��i ONpZTI�N_Z�pp z pv)ti(� m �� D� b -IAn-, ")z\p _ o rrIxo000A r p+cz Orq lvn o Z,,Ocno?C)MW) O p-n:A MD'U - M -n \2i CO WZ m..A G O >Mm nzmm M�v X G� `L I .`O m Z, Q 2: ';D z+ Z p z = xo (� n" VzZ �O Z"rm 1Iv c- is q m Vn1�z U004ZpZ O olio o m A � O 0m-q(n (Ac �O F_ m O�� CD M Mr=�rl MWv rn -om r _ mzm r mn0,z0 o Z.z n � mo� n o z 4 0 U) n N � m I _ u= o O � x + O • ®O ®® T0-nM0r*mm�mDM �Q < m p X X D D r- 0 p z o OrriZ=�v�v��cnm r'J=m I czz��Z� I C) D r O m 0 5� g 0� T r o O I MM 00M m r-M :Em Z r- D p Z Z M 71 m � r- --i 0 m m y z M 0 0 S Mi �e of Adjustments ember 11, 2023 Agenda Item 2 .0010 (LITTLE) Page 10 of 16 r M c S S /Zc-7J,i*, &v-e Al �, Z C-) z3 Board of Adjustm is September 11, 23 Agenda It 2 BOA-2023-0010 (LIT E) Page 11 16 �y`•.r`� y v L � � F•W��y� i. i • f -� DTI • ! ��'w's,e�♦/, _ �. � :�� _`�:_ •�. .. '+"VTR i:�r%i..7r•. � e' .r.i Carport Example Pergola would be a post and beam structure approximately 12'w x 12'd x 11' h. It would contain a very simple grid for the "ceiling". It's purpose is simple to tie together the carport and house. Board of Adjustments September 11, 2023 Agenda Item 2 k-2023-0010 (LITTLE) Page 13 of 16 BOA-2023-0010 (LITTLE) Page 14 of 16 BOA-2023-0010 (LITTLE) Page 15 of 16 BOA-2023-0010 (LITTLE) Page 16 of 16 VII.- 1W TO: THRU: FROM: CITY OF FAYETTEVILLE ARKANSAS MEETING DATE: Board of Adjustment BOARD OF ADJUSTMENTS MEMO Jessie Masters, Development Review Manager Gretchen Harrison, Senior Planner September 11, 2023 SUBJECT: BOA-2023-0011: Board of Adjustment (506 N. FOREST AVE./NORDAN, 445): Submitted by BUILD A HOME INC for property located at 506 N. FOREST AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.13 acres. The request is for a variance from setback requirements. RECOMMENDATION: Staff recommends denial of BOA-2023-0011 based on the findings outlined in this staff report. RECOMMENDED MOTION: "1 move to deny BOA-2023-0011." BACKGROUND: The subject property contains one parcel totaling 0.13 acres which is located on the east side of Forest Avenue about 150 feet north of the street's intersection with Maple Street. It is currently zoned RSF-4, Residential Single -Family, Four Units per Acre and developed with a single-family dwelling and an accessory, detached garage. Washington County records indicate that both structures were built in 1916, prior to the adoption of the City's zoning regulations. As a result, the detached garage is now considered a nonconforming structure since it was built within currently required side and rear setbacks. The property itself is also now considered a nonconforming lot with less lot area than what is required by RSF-4 zoning. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential RSF-4, Residential Single -Family, Four Units per Acre South Single -Family Residential RSF-4, Residential Single -Family, Four Units per Acre East Single -Family Residential RSF-4, Residential Single -Family, Four Units per Acre West Single -Family Residential RSF-4, Residential Single -Family, Four Units per Acre DISCUSSION: Request: The applicant requests a variance to reconstruct and expand the footprint of an existing nonconforming structure by about 144 square feet which would extend its encroachment into a side and rear setback. Per UDC §164.12(A), voluntary destruction of a nonconforming structure amounting to more than 50% requires complete removal or reconstruction in conformance with existing regulations. Further, building additions/expansions to nonconforming structures are permitted so long as the addition/expansion complies with all current setbacks, building area, and ents Mailing Address: September 11, 2023 113 W. Mountain Street www.fayetteviIleAartgO4Item 3 Fayetteville, AR 72701 BOA-2023-0011 (NORDAN) Page 1 of 14 building height requirements. Since the applicant is requesting to build a new structure that would encroach further into a side and rear setback, their request necessitates a variance from the setback regulations associated with the RSF-4 zoning district. The requested variance is described further in Table 2. Table 2: Variance Reauest Variance Issue Requirement Proposed Setback Variance Side (north) building setback 5 feet 0 feet 5 feet Rear (east) building setback 15 feet 0 feet 15 feet Public Comment: Staff has received no public comment regarding this request. RECOMMENDATION: Staff recommends denial of BOA-2023-0011. Should the Board choose to approve this variance, staff recommends the following conditions: Conditions of Approval: 1. Approval of this variance is limited to the applicant's request as described in this report; 2. Approval of this variance does not grant approval of, or entitlement to, any required permits or development review standards; and 3. Approval of this variance does not represent allowance for additional setback encroachment. BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied ❑ Tabled JDatet September 11, 2023 Motion: I Second: Vote: City Plan 2040 Future Land Use Designation: Residential Neighborhood FINDINGS OF THE STAFF §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; and Board of Adjustments September 11, 2023 Agenda Item 3 BOA-2023-0011 (NORDAN) Page 2 of 14 Finding: Staff finds that the applicant does not meet the criteria for undue hardship. The accessory structure under consideration with this request was constructed in 1916, long before the current zoning regulations governing this site were adopted. Now, the design of the garage conflicts with current setback requirements and modern vehicle dimensions. As a result, the applicant is requesting to expand the size of the garage by about 144 square feet, extending its footprint to the west and south and expanding its encroachment into the side and rear setback. While the applicant is requesting to modify the structure in a way that would make it usable in the sense that they would be able to park a vehicle in it, staff finds that granting this variance may be conferring a special privilege on the applicant that would otherwise be denied to most property owners in RSF-4 zoning. The City's parking ordinance states that parking for single-family dwellings is required to be provided at a rate of two spaces per unit. There appears to be space in the existing paved driveway, located between the detached garage and the street, to park two vehicles. Granting the requested variance would essentially allow for the creation of a third, covered space which is not required to be provided per city ordinance. 2. Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance. Finding: Staff finds that granting this variance may not be in keeping with the spirit and intent of the zoning ordinance. RSF-4 zoning is designed to permit and encourage the development of low -density detached dwellings in suitable environments as well as to protect existing development of those types. Staff finds that denial of this variance would not deprive the applicant of their ability to use this property as a single-family residence since it would have no impact on the primary dwelling and there is adequate space to accommodate uncovered parking on site, despite the limited size of the lot. City code does not require that garages or covered parking be provided for single-family dwellings, and staff finds that a detached garage constitutes a special privilege or convenience that is not necessary in this instance. Further, accessory structures less than 10 feet in height are permitted to have reduced setbacks, and there appears to be space to install a smaller accessory structure on this property while complying with current zoning regulations. Staff finds that, ultimately, denial of this variance would not be depriving the applicant of their ability to install an accessory structure or have parking on site; it would merely prohibit them from building an accessory structure that staff finds would not be aligned with the spirit and intent of the zoning ordinance. 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 appears to represent the minimum necessary for a detached garage. Reducing the setback encroachment and moving the structure towards the center or the south side of the property would Board of Adjustments September 11, 2023 Agenda Item 3 BOA-2023-0011 (NORDAN) Page 3 of 14 potentially create conflicts with building setbacks as required by building code as well as the City's driveway design standards. 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: Should the Board choose to approve the variance, staff has recommended conditions of approval as outlined 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: None is requested. BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.07 District RSF-4, Residential Single -Family — Four (4) Units Per Acre • Request Letter • Applicant Exhibits • One Mile Map • Close -Up Map • Current Land Use Map Board of Adjustments September 11, 2023 Agenda Item 3 BOA-2023-0011 (NORDAN) Page 4 of 14 161.07 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 Unit 46 Short-term rentals (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 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family 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 minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. Board of Adjustments September 11, 2023 Agenda Item 3 BOA-2023-0011 (NORDAN) Page 5 of 14 (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; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Board of Adjustments September 11, 2023 Agenda Item 3 BOA-2023-0011 (NORDAN) Page 6 of 14 Build A Home, Inc John Firmin, President P.O. Box 4409 Fayetteville, AR 72702 July 18, 2023 City of Fayetteville, Board of Adjustments 125 W Mountain Fayetteville, AR 72701 To Bill Finer, Chairman of the Board, LEGAL DESCRIPTION 506 N Forest, or The North70 ft of lot 8, South 20 ft lot 9, Block 5 BUILDING SIZE: 16' x 24' NUMBER OF PARKING SPACES: required 0, proposed, 1 REQUESTED VARIANCE: To Build a Garage large enough to accommodate a modern vehicle. DESCRIPTION OF PROPOSED VARIANCE MEETING CRITERIA: a. Strict enforcement of the zoning ordinance is causing undue hardship because the garage was built before current zoning standards, when there were no setbacks, combined with a very small 5,850 sqft lot. Strict enforcement essentially prevents a garage from fitting on the property. b. Granting the variance is in keeping with the RSF-4 zoning because a garage is allowed in this zone, and because the minimum lot size for RSF-4 is 8,000 square feet which gives an ample lot area for a house and garage. The Applicant's lot size is non -conforming within the RSF-4 zoning which creates the challenges leading to the request. c. The Variance requested is the minimum variance necessary to satisfy the need of the applicant, as the garage door will be 12' wide which is the practical minimum to accommodate a standard vehicle. I appreciate the time and consideration given to Mary Nordan, (the applicant), as you review and evaluate this variance request. Thank You, hn Firmin, Build -A -Home, Inc 479 263 1164 Board of Adjustments September 11, 2023 Agenda Item 3 BOA-2023-0011 (NORDAN) Page 7 of 14 rri X V + —{ 1 N r M' W� d � I I � �Q 1 y � w �D O � T Board of Adjustments September 11, 2023 Agenda Item 3 BOA-2023-0011 (NORDAN) Page 8 of 14 •� •. .t• �. b. •`... s1L�R � I� � _ r�i"-��+y��.y��y��y{�Nr�,• •. � A✓�[ !� k � ' - y ;r�'•� ' �'� i it .w. ' s_ r 11• I . - ..' .: _• -, -fig. . ;�..�- , 1 k- � � ads �1i�'�.� '.`� �' j�.,I'' .�.+rr.,� �`. � y� tir t ��'•r r r • I ev 44 BOA-2023-0011 (NORDAN) Page 12 of 14 BOA-2023-0011 Close Up View P-1 LOUISE•S Regional Link - High Activity Urban Center Alley Residential Link ~ Planning Area _ ! Fayetteville City Limits -- Shared -Use Paved Trail -- Design Overlay District 506 N. FOREST AVE 011 J Z R-O J;J O�7RENTon gLVD'� I I I 1 i M IM DAVIDS Subject Properb RSF-4 LU Q H U) w Ix �i �+MAPLE�ST. 0 z J 2 x LAFAYETT Feet 0 75 150 300 450 600 1:2,400 W Q W W J J O 0 --------------■- NORTH RSF-4 RM F-24 Residential -Office Urban Thoroughfare Main Street Center Downtown General Community Services Neighborhood Services - Ltd. Neighborhood Con Mravar otnAdj L stments P-1 September 1, 2023 Item 3 BOA-2023-0011 (NORDAN) Page 13 of 14 BOA-2023-0011 (NORDAN) Page 14 of 14