Variance 1-2022--1102 N. Hills Blvd; Robert HunsakerCity of Van Buren, Arkansas
Municipal Annex
111 North 12 Street • Van Buren, Arkansas 72956
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PLANNING COMMISSION ZONING VARIANCE MEMORANDUM
TO: PLANNING COMMISSION
FROM: WALLY BAILEY, PLANNING DIRECTOR
SUBJECT: 1102 NORTH HILLS BOULEVARD
DATE: DECEMBER 27, 2021
CC:
Al'1'LICANT: Robert Hunsaker
ZONING: Residential-1
SETBACKS: Front: 25 feet or 50 feet from center line of right of way
Side: 7.5 feet ftom each property line
Side Yard Street: 15 feet from street property line or 35 feet from center
line of right of way
Rear: 20 feet from property line or center of alley
AREA: Not applicable.
VARIANCE REQUEST:
To place 10 feet by 15 feet storge shed as shown on the submitted plan. The exact distance from the
property line is not noted but appears to be approximately 5 feet from the right of way/property line
parallel with Vista Hills Boulevard.
BOARD OF ZONING ADJUSTMENT PURPOSE:
To hear and decide applications for variance from the terms of this Ordinance incases where a
specific place of property chat•acterized by exceptional narrowness, shallowness or shape was a
lot or record at the time of adoption of this Ordinance; or where by reason of exceptional
topographic conditions or other extraordinary or exceptional situations or conditions of a piece of
property; provided that such relief may be granted without substantial detriment to the public
good and without substantially impairing the intent and purpose of this Ordinance as specifically
authorized in Article VI, Sections I and 3.
The proposed accessory structure is subject to the requirements of Ordinance 6-2020 that
amended Ordinance No. 7-1963 (zoning ordinance). Ordinance 6-2020 established standards for
the placement of accessory structures. A copy of the ordinance is attached for your review.
The location of the proposed structure will not comply with the requirements of paragraph 4
which I have highlighted on the attached ordinance. I)The accessory building shall comply with
the minimum setbacks of the zoning district which it does not: and 2) it shall not extend closer
to a street right of way line than the principal structure.
CII T Y OF VAN BUREN9 AR1tU SAS
O1 iMNANCE P1000(4 .. 2020
BE IT ENACTED BY THE CITY COUNCIL, FOR TFTE CIT? M VAN 13UXr,N,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE II O ANIi EhTD OIIBD6 Oi-� 963 SAS
MENDED) TO ESTABLISH PROCEDURES REGARDING
PERMITS AND REGULATIONS FOR THE INSTALLATION OF
ACCESSORY STRUCTURE 8 WITHIN THE CITY OF VAN'
IIf UREN, ARKANSAS, AND DECL ARIII` G AN El MEA GENCY*
WIIEItEAS, the City adopted Ordinance 07-'I 963 :relating to flee zoning :laws of'the city of 11an
Buren, providing definitions, general provision; provisions governing zoning
districts, exceptions and modifications, enforcement, and a. Board of Adjustment,
as allowed by A.C.A. 14-56-401 et. seq.; and
WHEREAS, it has been determined by the City Council that there is a need to .revise various
sections of the ordinance to allow for a procedures governing the permitting and
installation requirements for accessory structures; and
WHEREAS, notice of a Public Hearing was duly published, and a Public Dearing was conducted
by the Van Buren Planning Commission to consider these proposed amendments;
and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission,
i� fEDUM VAMIJ,
SECTION 1: Article IV of Ordinance No. 07-1Or' , is amended to add a new Section 9 to read
as follows:
SECTION 9. Accessory Structures
Definition: Accessory building or structure shall mean a building or
structure that is incidental and subordinate to and serves a principal building
or principal use and is located on the same site as the principal building or
principal use. Accessory buildings or structures may be permanent or
portable. Examples of an accessory building or a structure include site built
or prefabricated buildings, shipping or cargo containers, and similar
structures but does not include portable play equipment and containers or
temporary buildings used on a construction project.
Buses, mobile homes, manufactured homes, RV's, motor vehicles or trailers
must comply, with all applicable city ordinances. The proposed conversion
of one of these to an accessory structure will require a conditional use permit
from the Planning Commission.
The requirements of this section do not apply to towers permitted by the
commercial communication tower provisions of this ordinance.
2. Timing: No accessory building or structure shall be erected or placed on
any property prior to the issuance of the building permit for the principal
structure, unless the accessory structure shall have been approved by the
Planning Commission as a conditional use. A building permit is required for
any accessory building or structure and the minimum building permit fee
shall be based on the currently approved building permit fee schedule with
a minimum fee of $20.00,
3. Height: An accessory building or structure on residential property shall not
exceed the height of the principal structure or the permitted height limits of
the zoning district, whichever is less. A commercial or industrial accessory
building or structure shall comply with the requirements of the zoning
district.
4. Setbacks: The accessory building or structure shall comply with the
required minimum setbacks of the zoning district. Accessory buildings or
structures cannot be located in easements. No residential accessory structure
shall extend closer to a street right of way line than the principal structure.
5. Separation: Accessory buildings or structures shall be setback ten (10) feet
from a principal or accessory building or structure unless this code or the
Fire Code requires a greater separation.
6. Size of Accessory Structures(s): The cumulative total area of all
residential accessory buildings or structures shall not exceed 90% of the
covered roof area of the principal building. Accessory buildings or
structures in commercial or industrial zoning districts shall comply with the
lot coverage requirements of this code, the Fire Code or other applicable
codes.
7. Compliance with Codes: Any electrical, mechanical or plumbing installed
in an accessory building require the necessary permits and inspections to
insure compliance with those respective codes.
Restrictive Covenants: Nothing in this Ordinance shall be construed as to
allow an accessory building or structure which would otherwise violate the
restrictive covenants of the subdivision, or other restrictions on use in the
chain of title, of the principal structure.
SECTION 2: Conflicts: All Ordinances or parts of Ordinances of the City of Van.
Buren in conflict herewith are hereby repealed.
SECTION 3: Severabiliiy: various provisions and parts of this Ordinance are hereby
declared to be severable, and, :if any section or part of a secil on, or any
provision or part of a provision herein, is declared to be unconstitutional,
inappropriate, or invalid by any court of competent judsd'ction, such
holding shall not invalidate or affect the remainder of this Ordinance and
to that extent the provisions hereto are declared to be severable.
SECTION 4: emergency Clause: The passage and approval of these a nendments to
the Van Buren Ordinance 07-1963, as amended, will protect the City and
its neighborhoods by the immediate implementation of regulations
governing accessory structures. Therefore, an emergency is declared to
exist and this Ordinance, being necessary for the preservation of the
public health, safety and/or welfare shall be in hill 'force and take effect
immediately upon after its passage.
lily 4't'><T1�IE�3 �H1E1[3lE®>l+', the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of & for and CD against, the foregoing Ordinance at its regular
meeting held on the 24`h of February 2020.
Joseph Pst
Mayor
1:11�11 ICI 'rX.�l I�a177
Pfiyllis Thomas
P y lis Thomas Can ' e
City Clerk/Treasurer'City Attorney
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City of Van Buren Variance Application
VARIANCE NUMBER: _ a o� ') I f /
APPLICANT NAME: Kot5ae�, 110,4,weoc TELEPHONE NUMBER:ZS3--71%7 Z7d (F
ADDRESS: l/6 Z N le(4L S L AO,
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PROPERTY OWNED BY: 9&C7- !'&WAC TELEPHONE NUMBER,2
ADDRESS: l/D 2 A),%s CGJ bL clef \%i� t Z
COUNTY ASSESSOR'S PARCEL NUMBER: 01�/ U f 7,t)me �
VARIANCEREQUESTED:
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APPLICANT SIGNATURE:
PLANNING DEPARTMENT PROVIDES:
PRESENT ZONING: DATE FILED 0L��':S7;
PUBLIC HEARING DATE:-��t-�,��'� APPLICATION FEE: 150
DECISION OFnBOARD
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has the authority to use the data or legal
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led by copyright and any person other than
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rreld Land Surveyors, P.A. w7l not be
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without written authorization. After filing with
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