HomeMy WebLinkAbout2023-05-01 - Agendas - FinalCITY OF
FAYETTEVILLE
%PF ARKANSAS
Board of Adjustment Meeting
May 1, 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: Jessie Masters, Development Review Manager
Call to Order
Roll Call
1. Approval of the minutes from the April V, 2023 meeting.
Unfinished Business:
None.
New Business:
2. BOA-2023-0005: Board of Adjustment (3308 S. CITY LAKE RD/CONNER, 720): Submitted
by JORGENSEN AND ASSOCIATES for property located at 3308 S. CITY LAKE RD. The
property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 3.58 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
April 3, 2023
3:45 PM
113 W. Mountain, Room 219
MEETING MINUTES
NOTE: The January 9, 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
Assistant City Attorney: Blake Pennington
Call to Order: 3:45 PM, Finer (Chair)
Roll Call:
In Attendance: Bill Finer, Lindsey Steiger -Muck, Erin Adkins-Oury, and Jason Young
Absent: Josh Carson
Staff: Ryan Umberger, Senior Planner
1. Approval of the minutes from the January 9th, 2023 meeting.
- Bill Finer, Chair: Asked that the minutes of the January 9, 2023 meeting be corrected
to show that Erin Adkins-Oury chaired the meeting in Finer's absence.
Motion:
Board Member Adkins-Oury made a motion to approve the January 9, 2023 minutes as
corrected, with Young seconding. Upon roll call the motion passed with a vote of 4-0-0.
Unfinished Business:
None.
New Business:
2. BOA-2023-0002: Board of Adjustment (691 S. CHERRY LN/HARENZA, 526): Submitted by
RIFT CUSTOMS for property located at 691 S. CHERRY LN. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.12
acres. The request is for a variance from lot width requirements.
Ryan Umberger, Senior Planner: Gave the staff report.
Mailing Address:
113 W. Mountain Street Board of AdjustmerW6M�a1y;�L?yille-ar.gov
Fayetteville, AR 72701 Agenda Item 1
MINUTES (April 3, 2023)
Page 1 of 3
Jenny Harenza, Applicant: Stated availability for questioning and spoke of their hardship
concerning the street frontage requirements.
Adkins-Oury: Asked staff if there is any future development planned for Cherry Lane.
Umberger: Stated there is not an extension of Cherry in the future plans.
Young: Asked if anyone uses this property to access another property to the north or east.
Umberger: Differed to the applicant.
Harenza, Applicant: Expressed that nothing they are doing is cutting people off from accessing
their property.
Motion:
Board Member Adkins-Oury made a motion to approve BOA-2023-0002 with conditions as
outline by staff. Board Member Young seconded the motion. Upon roll call the motion was
approved by a vote of 4-0-0.
3. BOA-2023-0003: Board of Adjustment (2600 S. SCHOOL AVE/TFI, LLC, 639): Submitted
by BLEW AND ASSOCIATES for property located at 2600 S. SCHOOL AVE. The property is
zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.45 acres. The
request is for a variance to the setback requirements.
Ryan Umberger, Senior Planner: Gave the staff report.
Bill Finer, Chair: Ask for clarification upon adding space, since their letter said they are adding
720 sgft to their structure.
Ryan Umberger, Senior Planner: Differed to the applicant.
Jorge Ducan, Applicant: Clarified that the 720 sgft is for a separate structure that is not
connected to the building.
Adkin-Oury: Asked to confirm that a separate building would not matter in this situation.
Umberger: Stated that the separate building will fall under a different permit process and that he
believes no variance will be needed for that.
Jorge Ducan, Applicant: Clarified that they do not wish to demolish any part of the building,
renovations only.
Board of Adjustments May 1, 2023 2
Agenda Item 1
MINUTES (April 3, 2023)
Page 2 of 3
Adkins-Oury: Stated that this is a reasonable request.
Motion:
Board Member Adkins-Oury made a motion to approve BOA-2023-0003 with conditions as
outline by staff. Board Member Young seconded the motion. Upon roll call the motion was
passed by a vote of 4-0-0.
Announcements:
Adjournment Time: 4:09 PM
Submitted by: City Planning Division
Board of Adjustments May 1, 2023
Agenda Item 1
MINUTES (April 3, 2023)
Page 3 of 3
CITY OF
FAYETTEVILLE
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
Board of Adjustment
BOARD OF ADJUSTMENTS MEMO
Jessie Masters, Development Review Manager
Gretchen Harrison, Planner
May 1, 2023
SUBJECT: BOA-2023-0005: Board of Adjustment (3308 S. CITY LAKE
RD./CONNER, 720): Submitted by JORGENSEN AND ASSOCIATES for
property located at 3308 S. CITY LAKE RD. The property is zoned R-A,
RESIDENTIAL -AGRICULTURAL and contains approximately 8.40 acres.
The request is for a variance from setback requirements.
RECOMMENDATION:
Staff recommends approval of BOA-2023-0005 based on the findings contained in this report.
RECOMMENDED MOTION:
`7 move to approve BOA-2023-0005."
BACKGROUND:
The subject property is in south Fayetteville on the east side of City Lake Road near the
Fayetteville Country Club. The property contains approximately 8.40 acres and is currently
developed with two single-family dwellings and associated outbuildings. Washington County
records indicate that the house at 3308 S. City Lake Rd. was built in 1961 and the house at 3310
S. City Lake Rd. was built in 1921. A portion of the property is located within the City's
Hillside/Hilltop Overlay District and grades in 15% are present on site. A lot split for this property
(LSP-2023-0016) is currently under administrative review. The split would subdivide the property
into two lots containing 3.56 and 4.84 acres, as depicted in the attached exhibit. Surrounding land
uses and zoning are listed in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
R-A, Residential -Agricultural;
RSF-4, Residential Single -Family — 4 Units per Acre
South
Undeveloped
R-A, Residential -Ag ricultural
East
Undeveloped
Washington County — Ag/SF 1, Agricultural/Single-
Family Residential — 1 Unit per Acre
West
Rural Residential
RSF-4, Residential Single -Family — 4 Units per Acre
DISCUSSION:
Request: The applicant requests a variance to the setback requirement for tandem lots in the R-
A, Residential -Agricultural zoning district. The tandem lot ordinance requires a minimum building
setback of 35 feet from all property lines for tandem lots in R-A zoning. The applicant is proposing
to subdivide this property into two lots, one of which would be a tandem lot. As a result of that
split, the existing house at 3308 S. City Lake Rd. would encroach roughly 27.50 feet into a
required setback. The requested variance is described further in Table 2.
Board of Adjustments May 1, 2023
Agenda Item 2
BOA-2023-0005 (CONNER)
Page 1 of 11
Table 2:
Variance Reauest
Variance Issue
Requirement
Proposed Setback
Variance
Tandem lot setback
35 feet
7.50 feet
27.50 feet
Public Comment: Staff has not received any public comment regarding this request.
RECOMMENDATION: Staff recommends approval of BOA-2023-0005 with 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 lot split; and
3. Approval of this variance does not represent allowance for additional setback
encroachment.
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied ❑ Tabled
1pate: May 1, 2023
I Motion: Note:
ISecond:
City Plan 2040 Future Land Use Designation: Industrial
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: Staff finds that strict enforcement of the zoning ordinance in this instance
may cause undue hardship due to circumstances unique to the property
under consideration. All permanent structures on the property were
constructed prior to 1961, long before the creation of the current zoning
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 May 1, 2023
Agenda Item 2
BOA-2023-0005 (CONNER)
Page 2 of 11
south is only about 50 feet. This means that each residence could not be
subdivided onto separate legal lots of record without at least one structure
encroaching into a required setback. Since the City's tandem lot ordinance
was amended last year to increase the setback requirement for tandem lots
in R-A zoning from 15 feet to 35 feet, there is no longer a way for the property
to be subdivided without requiring the demolition of an existing structure or
a variance from the Board of Adjustment. Staff finds that rezoning the
property would not be advisable since the nonconforming structure is only
about seven feet away from the proposed property line. The property would
need to be rezoned to RSF-8, or a higher -density residential district, in order
to remove the encroachment. Such a rezoning may not be supported at this
location given the size of the property and the low -density development
pattern in the area.
Further, as a result of a divorce decree in 2008, one of the current property
owners quitclaimed all their interests in this property to their former spouse,
leaving them solely responsible for the payment of any mortgage, tax,
insurance premium, or other cost associated with it. However, the individual
who assumed ownership of the property never refinanced or removed their
former spouse's name from their mortgage and the loan went into default
around 2014. At that time, the owner who assumed responsibility was
required to transfer half of the property back to their former spouse by deed.
While ownership of the property was split between both parties then, the
property was never formally subdivided into two separate legal lots of
record. Staff finds that strict enforcement of the zoning ordinance may create
an undue hardship in this instance since a lot split is necessary to comply
with court orders, even though there is no way to subdivide the property
without existing structures encroaching into required 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 tandem lots in R-A zoning is in keeping with the spirit and
intent of the zoning ordinance. Allowing an existing structure to be placed
within a newly established setback would grant the applicant the continued
use of the land and structures thereon while allowing existing residences to
be separated onto separate legal lots of record. The stated purpose of the R-
A zoning district is to protect agricultural land and prevent wasteful
scattering of development in rural areas, while the tandem lot ordinance is
intended to allow for the utilization of land for development that does not
meet the typical zoning requirement for lot width. Staff finds that granting
the requested variance would give the applicant the ability to protect existing
residences while allowing for a lot pattern that is largely consistent with the
underlying zoning district and the current development pattern along this
portion of City Lake Road.
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.
Board of Adjustments May 1, 2023
Agenda Item 2
BOA-2023-0005 (CONNER)
Page 3 of 11
Finding: The requested variance represents the minimum necessary to subdivide the
property in a way that is consistent with what the applicant is requesting.
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 §161.03 District R-A, Residential -Agricultural
o §164.25 Tandem Lot Development
• Request Letter
• Applicant Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
Board of Adjustments May 1, 2023
Agenda Item 2
BOA-2023-0005 (CONNER)
Page 4 of 11
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre One-half '/2
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building
exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback
from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the
building over one (1) story shall be equal to the difference between the total height of that portion of the building
and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-09;
Ord. No. 5479, 2-7-12; Ord. No. 5945 , §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6427 , §§l(Exh.
C), 2, 4-20-21)
Board of Adjustments May 1, 2023
Agenda Item 2
BOA-2023-0005 (CONNER)
Page 5 of 11
164.25 Tandem Lot Development
(A) Where Allowed. Tandem lot development shall be permitted for a single-family dwelling and customary accessory
structure and/or dwelling unit only and shall be permitted in all districts where single-family dwellings are
permitted. The development of one (1) tandem lot behind another tandem lot shall be prohibited.
(B) Requirements. Development of a tandem lot shall be subject to the following requirements:
(1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and
specification, such as a vehicular turnaround, as determined by emergency response providers in
accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible
for maintaining said private drive so that emergency vehicles have safe access to the dwelling located
on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not
be permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private
drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum
distance of 18 feet from said right-of-way in accordance with the driveway design standards in
Fayetteville Unified Development Code Chapter 172.
(2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less
than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166
Street Design and Access Management Standards.
(3) Solid waste service for the tandem lot shall be provided by customers placing standard residential
garbage carts, recycling bins, and yard waste at a designated collection point on trash day in
accordance with City of Fayetteville Code of Ordinances Chapter 50.20(B). The designated collection
point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste
Division. Garbage carts and recycling bins shall not be placed at the collection point more than twelve
(12) hours before or after regular trash pickup in accordance with Chapter 50.20(B).
(4) Lot Width and Area. The tandem lot, excluding the private drive, shall conform to the minimum lot width
and lot area requirements of the zoning district in which it is located, unless a variance is otherwise
granted by the Board of Adjustment.
(5) Setback. Each tandem lot shall have a minimum building setback requirement as follows:
(a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property lines
in the R-A, RSF-.5, and RSF-1 zoning districts.
(b) Tandem lots shall have a minimum building setback requirement of 30 feet from all property lines
in the RSF-2 zoning district.
(c) Tandem lots shall have a minimum building setback requirement of 15 feet from all property lines
in the RSF-4 and RSF-7 zoning districts.
(d) Tandem lots shall have a minimum building setback requirement of 10 feet from all property lines
in the R-O zoning district.
(e) Tandem lots shall have a minimum building setback requirement of 5 feet from all property lines
in the RSF-8, RSF-18, RI-12, RI-U, RMF-6, RMF-12, RMF-18, RMF-24, RMF-40, NS-L, NS-G,
CS, UT, DC, MSC, DG, and NC zoning districts.
(f) Any variance to the minimum building setback requirement may only be granted by the Board of
Adjustment.
(C) Variances. Variances to the requirements in (13)(1)—(13)(3) of this section shall be administered as development
regulations to be considered by the Planning Commission. All other variances to zoning regulations, including
those in (8)(4) and (13)(5), shall be administered as zoning regulations for variance purposes.
( Ord. No. 6565, §2(Exh. A), 5-3-22)
Board of Adjustments May 1, 2023
Agenda Item 2
BOA-2023-0005 (CONNER)
Page 6 of 11
J C) R G E N S E N 124 W Sunbridge Drive, Suite 5
fV1,
+�������� Fffice: vine 42-AIR 12703Offrce: 479.442.9127
, Established 1985
www.,argersenassoc.corn
April 17, 2023
City Of Fayetteville
113 W. Mountain
Fayetteville, Al 72703
Re: Board Of Adjustments for setback at 3308/3310 City take Rd
Attached please find the information for a request for a variance for setbacks. These properties were thought to
be split and have separate parcel numbers for many years however they were never split according to the city.
Therefore we are assisting the owners obtain a legal split and in this process we found out that a variance is
required for this split. The split is being reviewed by the city at this time.
The house at 3308 is about 1400 SF
The parking is for the residence (2 spaces)
The variance is approximately 25'
Please review this information.
Thank you.
Board of Adjustments May 1, 2023
Agenda Item 2
BOA-2023-0005 (CONNER)
17of11
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BOA-2023-0005
One Mile View
RSF-4
a OUCHRY FLU
---------------
Neighborhood Link
Unclassified
Residential Link
■ ■ Planned Residential Link
- - - Trail (Proposed)
Fayetteville City Limits
Planning Area
3308 S. CITY LAKE RD
ORTH
0 0.13 0.25 0.5 Miles
Subject Property
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Planning Area
Fayetteville City Limits
— — — — — — — — — — — — — —
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Agenda Item 2
BOA-2023-0005 (CONNER)
Pace 9 of 11
BOA-2023-0005
Close Up View
Neighborhood Link
Hillside -Hilltop Overlay District
r _ Planning Area
_ Fayetteville City Limits
3308 S. CITY LAKE RD
RSF-4
Subject Property
R-A
Feet
0 75 150 300
1:2,400
450 600
Residential -Agricultural
RSF-4
Agenda Item 2
BOA-2023-0005 (CONNER)
Pace 10 of 11
Agenda Item 2
BOA-2023-0005 (CONNER)
Page 11 of 11