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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. 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CITY LAKE RD ORTH 0 0.13 0.25 0.5 Miles Subject Property G W C:) fi. Planning Area Fayetteville City Limits — — — — — — — — — — — — — — R � 1 � � 2onmg -2 General lntl.-I RESIDENTIAL SINGLE-FAMILY EXTRACTION NS-G E-1 . RI-IJ COMMERCIAL RI-12 Resitlential-Office NS-L G1 �ResltleMlal-�OWIW21 �G-2 RSF-.8 �C3 RSF-1 FORM BASED DISTRICTS RSF-2 Dow —Core RSF4 U—Tnomugnrare RSF-] Mein Streat Cen[er RSF-8 ■ Osxntown General RSF-18 Community Services RESIDENTIAL MULTI -FAMILY NeigbborM1ooa services RMF-8 NeigM1borM1ootl Conservation �RMF-12 PLANNED ZONING DISTRICTS RMF-18 = Commercial, —I, Resltlential RMF-2a du INSTITUTIONAL RMF4 INDUSTRIAL -1 Heavy Commercialantl Light Ind-rel of Adiustments Mav 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