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HomeMy WebLinkAbout2010-04-05 MinutesBoard of Adjustment Meeting April s, 2010 Page 1 of 5 MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on April 5, 2010 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ACTION TAKEN BOA 10-3530 (Narrow Escapes, 444) Approved Page 2 BOA 10-3545 (Life Styles for Living, 363) Approved Page 3 BOA 10-3546 (3274 E. Zion Rd., 099) Approved Page 5 MEMBERS ABSENT Sheree Alt Steven Bandy Robert Kohler Mark Waller Kristen Knight STAFF PRESENT STAFF ABSENT Jesse Fulcher Andrew Garner Dara Sanders Jason Kelley Jeremy Pate Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. Board of Adjustment Meeting April s, 2010 Page 2 of 5 BOA 09-3530 (NARROW ESCAPES / NORTH ST & RR, 444): Submitted by BATES & ASSOCIATES for property located ON THE SOUTH SIDE OF NORTH STREET, EAST OF THE RAILROAD CORRIDOR. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 2.15 acres. The request is for a variance from the minimum buildable street frontage requirements. Andrew Garner, Senior Planner, gave the background for the variance request and the minimum buildable street frontage requirement. Finding several unique circumstances on this parcel staff recommends approval. Board Member Kohler discussed the exceedingly long street frontage on one side of the property and the extremely short street frontage on North Street. Board Member Knight asked about how the minimum buildable street frontage was measured. Garner discussed that it is measured based on the lot width at the right-of-way line, and that the building area is calculated from eave to eave. Geoff Bates, applicant, discussed that they tried to fit this development in with the City's requirements but the unique shape of the parcel requires the variances. No public comment was presented. Motion: Board Member Knight made a motion to approve the request as requested by the applicant. Board Member Alt seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. Board of Adjustment Meeting April s, 2010 Page 3 of 5 BOA 09-3545 (LIFE STYLES COLLEGE FOR LIVING, 363): Submitted by BATES AND ASSOCIATES for property located at CORNER OF W. SYCAMORE ST. AND SADDLEHORN AVE. The property is zoned P-1, INSTITUTIONAL and contains approximately 1.27 acres. The request is for a reduced front setback of 20 feet to allow 10 feet of a canopy over the driveway at the entrance of the building. Dara Sanders, Current Planner, gave the background for overall large scale development that was approved by the Planning Commission in March 2010. She described the property and the variance request for the covered vehicular drop-off canopy within the building setback. Finding that the property can be reasonably developed without the variance, staff recommends denial. Board Member Kohler discussed that the proposed canopy does not encroach further to the street than anything along the street. Board Member Waller asked about other properties zoned P-1, Institutional mentioned in the staff presentation. Sanders discussed that the Physician's Surgery Center and Butterfield Trail Elementary School were two projects that were zoned P-1 and did not have a covered drop-off canopy. Andrew Garner, Senior Planner added that this was mentioned in the findings because staff felt it would be a special privilege denied to other properties in the same zoning district. The other two properties mentioned have discussed with staff the desire to have drop-off canopies, but because of the building setbacks in P-1 did not propose or build one. Board Member Knight asked about a shared driveway. Sanders confirmed that, yes, the driveway was shared with the adjacent apartments. Geoff Bates, applicant, discussed the various features of the site that they felt were unique including the floodway, floodplain, and shape of the parcel. Ken Shireman, applicant, gave further background of the site and discussed that they desired maximum standards with the site being built out as much as possible, that the requirement to dedicate right-of-way for the adjacent street was a hardship. He discussed the shape and design of the proposed canopy, the project, and nature of the institution proposed and the clients served. Board Member Waller asked how big the canopy was. Ken Shireman, applicant, discussed that it is a big canopy so more than one vehicle can park in the drop-off area at the same time. Board of Adjustment Meeting April s, 2010 Page 4 of 5 Board Member Knight asked if the drop-off canopy was a part of the original program. Ken Shireman, applicant, stated yes it was always a part of the program. Charles ?, president of Lifestyles, discussed that the last time they modified their facilities was over 15 years ago. As part of the design of the proposed facility they acquired more square footage from the neighbor, designed the site to maximize parking. Funds come difficult and there was a 3 -year campaign to raise funds for this project. We can only construct a one-story building because of the I-540 Design Overlay District. Board Member Waller asked the applicant if they ever designed any alternatives that would meet the City ordinances. Ken Shireman stated, no. Board Member Kohler discussed that this drop-off is for a different group of people because of the nature of the institution. Board Member Alt discussed that the property was located within a floodplain. Jason Kelley, Assistant Attorney, asked if the drop-off canopy was required as part of an ADA requirement. Charles, ?, president of Lifestyles, stated no, it was not required by ADA. Board Member Bandy discussed that if they moved the canopy on other areas of the site they would lose ADA parking. Garner corrected a previous statement of the applicant that only a one-story building could be built. City code would permit a multiple story building on the site. No public comment was presented. Board Member Alt stated that she felt the ordinance deprived the applicant of development rights. Motion: Board Member Alt made a motion to approve the request as requested by the applicant, including the condition of approval recommended by staff on page 4. Board Member Bandy seconded the motion. Upon roll call, the motion passed with a vote of 3-2-0 with Board Members Waller and Knight voting `No'. Board of Adjustment Meeting April 5, 2010 Page 5 of 5 BOA 09-3546 (3274 E. ZION RD. V.THOMPSON, 099): Submitted by ED FRANKZE for property located at 3274 E. ZION RD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 2.00 acres. The request is for a reduced front setback to bring an existing non -conforming structure into compliance. Andrew Garner, Senior Planner, gave the background for the home that was built on the property prior to the site being annexed into the City, and discussed that the request is to bring the non -conforming home into compliance. Board Member Waller asked when the property was annexed into the City. Garner stated that he did not know. Board Member Kohler discussed that the reasons for the non -conformity were beyond the actions of the applicant. Virginia Thompson, applicant, confirmed that the property was already in the City when she purchased it. No public comment was presented. Motion: Board Member Bandy made a motion to approve the request as requested by the applicant, and added a condition that any expansion of the building into the building setbacks beyond the existing footprint of the home, would be required to be submitted to the Board of Adjustment for review. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. All business being concluded, the meeting was adjourned at 4:45 p.m.