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JiME�CITY OF FAYETTEVILL
CITY OF FAYETTEVILLE
AGENDA NOTICE
BOARD OF ADJUSTMENT
Monday, April 2, 2001 - 3:45 p.m.
City AdminWralion Building, Room I I I
1 13 West Mountain
Fayetteville, Arkansas
PUBLIC MEETING - OPEN TO ALL
The following items will he considered-
Approval of minutes from the meeting of March 5, 201.
BA 01-5.00-Variance(North College Development,Pis 494)was submit.
led by Richard P. Alexander of North College Development far property located at 9
N.West Avenue.The properly is zoned R-0, Residential Office and contains approxi,
malely 0,23 acres, The requirement is hor a I O'side setback.The request is for a
6.25'side setback(a 3.75 variance).
BA 01-6-00:Variance(Nextel,pp 448)was submitted by Chris Villines on
behalf of Naxlel for property located at 779 Ruth Avenue.The property is zoned Rd,
low Density Residential and contains approximately 1.91 acres.The requirement is
for a 25'froni setback.The request is for a 11.4'front setback(a 13.8'vorionce).
All interested parties may appear and be heard at the public hoorinpi A cop.y of the pn>
c
posed amendments and other pertinent data is open and available w'inspechon in the Office
of City Plonnin�(575-8264),Cily Administration Building, 113 West Mountain Street,
fayelloville,Ar d6sas.All interested parties are ioQed to review he petitions.Interpreters or
TOD for hearing impaired ore available for all public meetings.72 hour notice is required.For
Ivaher information or to request on irlerpreler,please call Don Sonn at S75.8330.
TO/TO*d S3Wli U M N 2!T:2:T 1OOE—OF—auW
CITY OF FAYETTEVILLE
AGENDA NOTICE
BOARD OF ADJUSTMENT
Monday, April 2, 2001 - 3:45 p.m.
City Administration Building, Room 111
113 West Mountain
Fayetteville, Arkansas
PUBLIC MEETING - OPEN TO ALL
The following items will be considered:
Approval of minutes from the meeting of March 5,2001.
BA 01-5.00: Variance(North College Development,pp 484)was submitted by Richard P.Alexander of
North College Development for property located at 9 N. West Avenue. The property is zoned R-O,
Residential Office and contains approximately 0.23 acres. The requirement is for a 10' side setback. The
request is for a 6.25' side setback(a 3.75 variance).
BA 01-6.00:Variance(Nextel,pp 448)was submitted by Chris Villines on behalf of Nextel for property
located at 779 Ruth Avenue. The property is zoned R-1,Low Density Residential and contains
approximately 1.91 acres. The requirement is for a 25' front setback. The request is for a 11.4' front setback
(a 13.8' variance).
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other
pertinent data is open and available for inspection in the Office of City Planning(575-8264),City Administration
Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions.
Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further
information or to request an interpreter,please call Don Bunn at 575-8330.
**Doug - Please run this display ad Sunday, April 1, 2001**
P09 00-000-3700-001 "Proof Requested"
Contact Janet with questions or comments at 575-8263 fax#575-8316. Thanksl
Post-It*Fax Note 7671 Date pages
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:501-575-8264
AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment will be held Monday, April 2, 2001, at 3:45 p.m,
in Room I I I of the City Administration Building, 113 West Mountain, Fayetteville, AR, 72701.
The following items will be considered:
Approval of minutes from the meeting of March 5,2001.
1. BA 01-5.00: Variance(North College Development,pp 484)was submitted by Richard P.
Alexander of North College Development for property located at 9 N. West Avenue. ne
property is zoned R-0, Residential Office and contains approximately 0.23 acres. The
requirement is for a 10' side setback. The request is for a 6.25' side setback(a 3.75 variance).
2. BA 01-6.00: Variance(Nextel,pp 448)was submitted by Chris Villines on behalf of Nextel for
property located at 779 Ruth A�enuc. The property is zoned R-1,Low Density Residential and
contains approximately 1.91 acres. The requirement is for a 25'front setback. Therequestisfor
a 11.4'front setback-(a 13.8'variaDce).
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and
other pertinent data is open and available for inspection in the Office of City Planning(575-8264), City
Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to
review the petitions.
Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For
further information or to request an interpreter,please call Don Bunn at 575-8330.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: March 27, 2001
BA 01-5.00: Variance(North College Development,pp 484)was submitted by Richard P.Alexander
of North College Development for property located at 9 N.West Avenue. The property is zoned R-0,
Residential Office and contains approximately 0.23 acres. The requirement is for a 10' side setback. The
request is for a 6.25' side setback(a 3.75 variance).
RECOMMENDATION:
Staff recommends approval of the requested 3.75' side setback variance as shown on the
attached site plan.
Ordinance Requirement Applicant's Request
Side Setback (north) 10, 6.25' (3.75' variance)
BACKGROUND:
This office building was constructed recently after the successful renovation of the Cooper
House (the building in front of the subject property). The use of the structure is as an
office building. Parking is shared between this building and the Cooper House. A lot split
is currently being sought to divide the two parcels. An access easement for ingress/egress
as well as parking is being filed as a part of the lot split process in order to provide for
access and to accommodate parking for this structure.
At the time that the building permit was issued, the site plan and the permit reflected the
required 10' side setback from the northern property line. Unfortunately, after
construction, a survey shows that the building is actually approximately 6.25' from that
side property line. A variance of 3.75' is needed in order for this structure to comply with
current zoning requirements. The applicant states in the attached letter that the builder
H.-I USERSICOA�alONDAKWYkRF-PORTSIBO,414-2-01 Incollege.wpd
Board ofAdjustment
April Z 2001
BA 01-5 North College Development
Page LI
used an established fence to measure from when setting the foundation for this structure.
The fence is not located on the property line and therefore,the building does not comply
with the 10' required side setback along the north property line.
Surrounding properties include the Cooper House to the east, an office building, a formerly
residential structure which is being renovated by the applicant to the south, railroad right-
of-way and industrial uses to the west and a residential structure to the north. The
property is sloped rather significantly from east to west.
Comments:
SURROUNDING LAND USE AND ZONING
North: Residential, R-0
South: Residential (being renovated by this applicant), R-0
East: Hillcrest Towers, Seniors housing development R-0
West: RR Right-of-way, Light manufacturing, R-0/1-1
GENERAL PLAN DESIGNATION: Nlixed Use
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: There are not special conditions or circumstances which are peculiar to the
land, structure or building involved. The variance request is a result of
contractor error.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
H.�USERS�COA"ONDAWN71WORTgBOA14-2-011neollege.wpd
Board ofAdjustment
April 2, 2001
BA 01-5 North College Development
Page 1.2
Finding: The literal interpretation of the provisions of the zoning regulations would
deprive the applicant
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The circumstance which led to this variance request was not the result of
actions of the applicant however,it is a result of actions of the applicant's
contractor who set the footing for the structure in the wrong location,which
violates the City's zoning regulations.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: The granting of this variance will not confer on this applicant any special
privilege that is denied other lands, structures, or buildings in the same
district.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or nonconforming use of lands,
structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
Finding: No nonconforming uses were considered with regard to evaluation of this
variance request.
§ 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for April 2, 2001.
3. Findings. The Board of Adjustment shall make the following findings:
a. Nfinimurn Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will
make possible the reasonable use of the land, building, or structure.
H.-I USERSACOAE�fOAPD,4FVNYV?FPORTS�BOA 14-2-01 Incollege.wpd
oardofAdiustment
ril Z 2001
BA 01-5 North College Development
Page 1.3
Finding: The variance requested is the minimum variance necessary to provide
conformance with zoning bulk and area requirements for the existing
structure.
(L) Harmony with General Purpose. The Board of Adjustment shall further make a
finding that the granting of the variance will be in harmony with the general
purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Finding: Granting this variance will be in harmony with the general purpose and
intent of the City's zoning ordinance and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare. �
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
Finding: See letter from applicant.
b. Conditions and Safeguards. In granting any variance, the Board of Adjustment
may prescribe appropriate conditions and safeguards in conformity with the
zoning regulations.
Finding: N/A
C. No Variance Allowed. Under no circumstances shall the Board of Adjustment
grant a variance to allow a use not permissible under Zoning in the district
involved, or any use expressly or by implication prohibited by the terms of the
zoning regulations in said district.
Finding: N/A
H.-I USFRS�COAMONDAWNTREPOMOO-4 4-2-01 Incollege.wpd
Board ofAdjustment
April 2, 2001
BA 01-5 North College Development
Page 1.4
§161.12 DISTRICT R-0 RESIDENTIAL One Family 60 ft.
OFFICE.
Two Family 60 ft.
A.Purpose.The Residential-Office District
is designed primarily to provide area for offices Three or More 90 ft.
without limitation to the nature or size of the office,
together with community facilities,restaurants and Lot Area Mobile Home Park 3 acres
compatible residential uses. Miminum:
Lot Within a 4200 sq.ft.
B.Uses. Mobile Home Park
1. Uses Permitted. Row Houses:
Unit I City-Wide Uses by Right Development 10,000 sq.
Unit 5 Government Facilities ft.
Unit 8 Single-Family and Two-Family Individual Lot 2500
Dwellings sq.ft
Unit 12 Offices,Studios and Related Single Family 6000 sq.ft
Services Two Family 6500 sq.ft
Unit 25 Professional Offices Three or More 8000 sq.ft
2. Uses Permissible on Appeal to Fraternity or I acres
the Planning Commission. Sorority
Unit 2 City-Wide Uses by Conditional
Use Permit Land Area Mobile Home 3000 sq.ft.
Per Dwelling
Unit 3 Public Protection and Utility Unit:
Facilities Row Houses
Unit 4 Cultural and Recreational &Apartments:
Facilities
Two or More 1200 sq.ft.
unit 9 Multi-Famfly Dwelling-Medium Bedrooms
Density 1000 sq.ft.
unit 10 Multi-Family Dwelling-High One Bedroom 1000
Density sq.ft
Unit 13 Eating Places No Bedroom
Fraternity or 500 sq.ft.,
C. Bulk and Area Regulations. Sorority per
Per Dwelling Unit for Residential Structures) resident
Lot MobileHomePark 10011.
Minimum
Width:
Lot Within a 50 ft.
Mobile Home Park
H.-I USERSICOlvAdOND-4WNYV?F-PORTSIBOA 14-2-01 Wcollege.wpd
Board ofAdjustment
April 2, 2001
BA 01-5 North College Development
Page 1.5
D. Bulk and Area Regulations/Setbacks.
Setback lines shall meet the following nummurn
requirements.
From Street ROW 30 ft.
From Street ROW if Parking is 50 ft.
Allowed Between the ROW and the
Building
From Side Property Line 10 ft.
From Side Property Line When 15 ft.
Contiguous to a R-1,R-2 or R-3
District
From Back Property Line Without 25 ft.
Easement or Alley
From Center Line of Public Alley 10 ft.
E. Building Area. On any lot the area
occupied by all buildings shall not exceed 60%of the
total area of such lot.
F. Height Regulations. There shall be no
maximum height limits in R-0 Districts,provided,
however,that any building which exceeds the height
of 20 feet shall be set back from any boundary line of
any R-1,R-2,or R-3 District an additional distance
of one foot for each foot of height in excess of 20
feet.
(Code 1991, §160.041;Code 1965,App.A,Art.
5(x);Ord.No. 1747,6-29-89;Ord.No. 2414,2-7-78;
Ord.No.2603,2-19-80;Ord.No. 2621,4-1-80)
H:�USERSI COA"ONDA WNTV?F-POR TSOOA 14-2-OP neollege.wpd
Board ofAdjustment
April 2, 2001
BA 01-5 North College Development
Page 1.6
NORTH CoiEEGF, DEVE1,OPMENT CO., E.1L.C.
11 N.W�ST A�NuE
FAYETTrv�,AR 72701
PnoNm(501)521-4260
FAX:(501)521-3009
March 13, 2001
REQUEST FOR VARIANCE TO THE BOARD OF ADJUSTMENTS
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: Request for Variance—9 N. West Avenue, Fgyettevill
Dear Mr. Chairman &Members of the Board of Adjustments:
North College Development Co., L.L.C., applicant, is requesting a variance from §
161.12 (D) (residential/office bulk area requirements), specifmally, from the requirement that
there be a ten-foot setback from the side property line. The applicant is seeking a variance of
3.75 feet.
Applicant has requested a lot split, which applicant understands will be granted on
condition that this variance request is likewise granted. The variance is requested because, at the
time the existing building was built, the builder inadvertently constructed a portion of the
building within the ten-foot side,property line setback.
At the time the applicant sought a building permit to construct the structure in question,
applicant commissioned a survey by Alan Reid & Associates, Surveyors. That survey, attached
hereto as Exhibit A, showed that the site had ample setback for the building to be constructed
within the required setbacks. At all times, applicant was under the impression that the building
had been constructed as set out in Exhibit A.
At the time the applicant applied for the lot split, applicant recommissioned Alan Reid &
Associates, Surveyors, to resurvey the property for the proposed lot split. Tbe resurvey (Exhibit
13, attached) showed however, that when the f6undation was laid out for the proposed structure,
the builder inadvertently measured the setback from the existing fence line. Apparently, since
the fence had been in existence for many decades, the builder assumed that the fence was in fact
the property line. The result being that rather than two ten-foot setbacks on either side of the
building, the applicant ended up with a thirteen-foot setback on the south side of the building,
and an approximately seven-foot setback on the north side. (See Exhibit B.)
Board ofAdjustment
.4pril2, 2001
BA 01-5 North College Development
Page 1.7
The fact that there was an existing fence line which had existed for many decades on this
particular site, and the fact that the builder inadvertently used the fence line to determine the
setback, is a special condition and circumstance which is peculiar to this site, which is not
generally applicable to other lands and buildings in the same district. The literal interpretation of
theprovisionsof §161.12 (D) would deprive the applicant of rights commonly enjoyed by other
properties in the same district. The above-referred special condition and circumstance did not
result from the actions of the applicant and the granting of this variance will not confer on the
applicant any special privileges that is denied by this ordinance to other lands structures or
buildings in the same district.
Your kind consideration of this request is appreciated. Please contact me at the above
should you have any questions.
Sincerely,
NORTH COLLEGE
IDEV NT CO L.L.C.
ard TP. A der
Member
RPA.jd
Board ofAdjustment
April 2, 2001
BA 01-5 North College Development
Page 1.8
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April 2, 2001
BA 01-5 North College Development
Page 1-9
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FAYETTEVILLE
THE CITY OF FAYETTENTLLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: March 27, 2001
BA 01-6.00: Variance (Nextel,pp 448)was submitted by Chris Villines on behalf of Nextel for property
located at 779 Ruth Avenue. The property is zoned R-1, Low Density Residential and contains
approximately 1.91 acres. The requirement is for a 25'front setback. The request is for a 114" front
setback(a 13'8"variance).
RECONEWENDATION:
Staff recommends approval of the requested 13'8" setback variance as shown on the
attached site plan subject to the following conditions:
1. Installation of additional screening to include:
Replace the existing chain link fence along the east property line (from
Rockwood south to where the property turns to the east)with a wood privacy
fence
Plant one white pine tree per every 15 linear feet in the same area
Ordinance Requirement Applicant's Request
Front setback (east) 25' setback 11'4"se
(13'8"
BACKGROUND:
Arkansas Western Gas Company has been granted permission to erect a replacement
tower for the guyed wireless communication facility located at this location. For each user
of tower space (several different companies will typically locate on each tower at different
heights), an equipment building is installed at the base of the tower to house wiring,
generators and other similar items.
H.-t USFU COMd0AIDA WNTREPOR MR0,414-2-01 I nevel.wpd
Board ofAdjustment
April Z 2001
BA01-6Nextel
Page 2.1
While the building permit application for the tower itself was being reviewed, staff
conducted a site inspection. Upon inspection, we found that the equipment building for
Nextel had already been located on a permanent foundation and utilities were being
connected. A stop work order was issued and a building permit required before any
additional work commenced.
A building permit can not be granted for the structure which has already been erected
without a variance as requested. The required front setback from the Ruth Street right-of-
way is 25'. The Nextel building is located 11'4"' from the front property line, making a
13'8" variance necessary for the structure to remain.
The applicant has stated that the building must be in this location because the required
proximity to the tower for technical purposes. See attached letter. The location of the
wireless communication facility (the tower)is based on an application for a replacement
tower for which the location requirement is "The new tower shall be constructed as close as
technically feasible to the existing tower" as provided by §163.29(E)(3)(c).
Staff is supporting this variance request for two reasons. First,the nature of the technical
requirements for siting a support building for a wireless facility located on this tower
narrows the possible locations for the structure. Secondly,while the building is 11'4" from
the front property line (where a 25' setback is the requirement), in addition to the
recommended screening,there is a large area of undeveloped right of way which is covered
with trees as well as understory vegetation between the building and Ruth Ave. providing a
screen from the public right of way.
SURROUNDING LAND USE AND ZONING
North: Single family residences, R-1
South: Single family residences, R-1
East: Single family residences, R-I
West: Single family residences, R-I
GENERAL PLAN DESIGNATION: Residential
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
H.I USERSICOA"ONDAWNMEPORTSBOA 14-2-01 ln�teL wpd
oard ofAdiustment
April 2, 2001
BA014Nextel
Page 2.2
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: Undeveloped right-of-way adjacent to the property is covered with trees and
understory vegetation providing a screen between structures on the property
and the public street. Also, technical limitations on the utility carrier with
regard to distance from the wireless communication facility (tower) dictate
the potential sites for this structure.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: The literal interpretation of the provisions of the zoning regulations would
not permit the number of potential co-locaters for this tower. The location of
equipment buildings for each of the potential users of the tower is based on
the location of the tower and the maximum distance that the equipment can
be from that point. There are also other facilities and utilities on the site that
must be considered with regard to the location of this equipment building.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special conditions or circumstances are a result of the siting of the
replacement tower "as close as technically feasible to the existing tower" as
required by ordinance.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any.special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: The granting of the requested variance will not confer any special privilege
which has not been considered as a part of the replacement tower application
and the original conditional use permit for the existing tower.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or nonconforming use of lands,
structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
Finding: No nonconforming uses were considered as a part of the review of this
variance request.
H.,I USF-RSACOAAIONID,4 WN71REPORT"OA 14-2-01 Inextel.wpd
Board ofAdjustment
April 2, 2001
BAOI-6Nextel
Page 2.3
§ 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for April 2,2001.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will
make possible the reasonable use of the land, building, or structure.
Finding: See letter from applicant.
(I.) Harmony with General Purpose. The Board of Adjustment shall further make a
finding that the granting of the variance will be in harmony with the general
purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Finding: The granting of this variance will be in harmony of the general purpose and
intent of City.zoning regulations and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare. Existing
screening and a policy of encouraging co-location on existing towers or
replacement towers instead of building new cell towers are accomplished by
granting this variance request.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
Finding: See letter from applicant.
b. Conditions and Safeguards. In granting any variance, the Board of Adjustment
may prescribe appropriate conditions and safeguards in conformity with the
zoning regulations.
Finding: Screening has been required for the replacement tower and the existing
vegetation along the Ruth Ave. right-of-way provides a buffer between the
use and adjacent public street.
H.-I USERSICOA&�IOA�D.4WNTAEPORTS�ROA W-2-01 Wextel.wpd
Board ofAdjustment
April 2, 2001
BAOI-6Nextel
Page 2.4
C. No Variance Allowed. Under no circumstances shall the Board of Adjustment
grant a variance to allow a use not permissible under Zoning in the district
involved, or any use expressly or by implication prohibited by the terms of the
zoning regulations in said district.
Finding: N/A
H.-I USERSICOA�&fOjVDAFVNYVZE:PORTS�BOA 14-2-01 InweL wpd
Board ofAdjustment
April 2, 2001
B,4014Nextel
Page 2.5
§ 161.04 DISTRICT R-1: LOW D. Bulk and Area Regulations.
DENSITY RESIDENTIAL. Single- Two-Family
A. Purpose. The Low Density Family
Residential District is designed to permit Lot 70 ft. 80 ft.
and encourage the development of low Minimum
density detached dwellings in suitable Width
environments, as well as to protect existing
development of these types. Lot Area 8,000 sq. ft. 12,000 sq.ft.
Minimum
B. Uses. Land Area 8,000 sq. ft. 6,000 sq. ft.
Per
1. Permitted Uses. Dwelling
Unit I C ty-Wide Uses by Right Unit
Unit 26 Single-Family Dwelling
E. Yard Requirements (feet).
2. UsesPermissible on FRONT SIDE REAR
Appeal to the Planning Commission. YARD YARD YARD
Unit 2 City-Wide Uses by Conditional 25 8 —F2O
Use Permit
Unit 3 Public Protection and Utility F. Building Area. On any lot the
Facilities area occupied by all buildings shall not
exceed 40% of the total area of such lot.
Unit 4 Cultural and Recreational
Facilities (Code 199 1, §160.03 1)
Unit 8 Single-Family and Two-
I Family Dwellings
C. Density.
SINGLE- TWO FAMILY
FAMILY DWELLINGS
DWELLINGS
4 or Less Families 7 or Less Families
Per Acre Per Acre
H.,�USERS1C0A"0NDAWNYV?F-P0R TSWO,4 4-2-01 InexteL wpd
Board ofAdjustment
April 2, 2001
BA01-6Nextel
Page 2.6
LLC
Site Acquisition&Manageinent Collocation Marketing Due Diligence Reviews
&Curative Services - Site-Related Software&Imaging Technologi es
March 16,2001
Mr. Tim Conklin
Planning Director
City of Fayetteville Planning Office
113 West Mountain
Fayetteville,AR 72701
(501) 575-8264
Dear Tim:
Enclosed you will find all material needed for Nextel's variance request pertaining to an
equipment shelter located on a 1.9 acre tract owned by Arkansas Western Gas Company. The
address for this site is 779 Ruth Avenue in Fayetteville, and it is located at the Northwest comer
of the junction of Ruth Ave. and Clark Street. Nextel has leased a 20' by 20' area of land
immediately adjacent to a soon to be reconstructed Arkansas Western Gas tower. Our shelter will
enable us to co-locate antennae on this tower in lieu of building a new tower in the area.
However, in order for us to do such,we had to place our equipment shelter within the 25' side
setback of this property line.
This property is zoned R-1, but as I mentioned earlier an Arkansas Western Gas tower has been
located here for some time. When we approached Arkansas Western about locating on their
tower,they proceeded with plans to rebuild their site. As they went through the zoning process it
was our assumption that they would also be getting approval for the location of our equipment
shelter. However,this was unfortunately not the case. Our miscommunication with them has
caused a stoppage of work at this site even though our construction had already begun. We
apologize for any problems this may have caused Fayetteville Planning. Therefore we are asking
for the variance for our site at this time.
Enclosed you will find the following items to be submitted for variance requests: $100checkfor
a variance application, legal description of the property(as well as legal descriptions for our
access and utility easements), Complete written description of the request,two sets of typed
mailing labels, a copy of the plat with owner names and parcel numbers, a site plan drawn to
scale, a survey of the parent and daughter tracts,and a letter to the Chair of the Board of
Adjustment. If you or any potential objectors should have any questions,please feel free to call
me at 501-317-7745 or 501-315-7355.
Thanks so much for your patience and help!
Spic�ely'
C—�� OL)
Chris Villines
Zoning Consultant
oardol'Adiustment
April Z 2001
415 North McKinley, Suite 1235 Little Rock,Arkansas 72205 Telephone BA01-6Nextel
ONUNE: VVVVVV.81TEEXCELL.COM C-MAIL� CONTACT Page 2.7
0
-51"teExcel LLC
Site Acquisition&Management - Collocation Marketing- Due Diligence Revims
&Curative Services- Site-Related Software&Imaging Technologies
March 16,2001
Board of Adjustment Chairman
City of Fayetteville Planning Office
113 West Mountain
Fayetteville, AR 72701
To the Board:
Enclosed you will find all material needed for Nextel's variance request pertaining to an
equipment shelter located on a 1.9 acre tract owned by Arkansas Western Gas Company. The
address for this site is 779 Ruth Avenue in Fayetteville,and it is located at the Northwest comer
of the junction of Ruth Ave. and Clark Street. Nextel has leased a 20' by 20' area of land
immediately adjacent to a soon to be reconstructed Arkansas Western Gas tower. Our shelter will
enable us to co-locate antennae on this tower in lieu of building a new tower in the area.
However, in order for us to do such,we had to place our equipment shelter within the 25' side
setback of this property line.
We are requesting a variance for this site for several reasons. First,there are certain special
conditions which require that we locate our shelter here. Terrain and topography of this land
dictate that the reconstructed Arkansas Western Gas tower be located very close to the setback.
They are in the process of rebuilding a tower that has been in existence for years, and ordinance
also requires that the rebuilt tower must be as close to the original site as is possible. This
substantially limits the possible locations of our equipment shelter. A literal interpretation of this
ordinance would deprive us of co-location rights that normally occur elsewhere in R-1. We
would have to rethink our process and begin a search for land on which to construct a new tower
instead, an obvious violation of the spirit of the Fayetteville zoning ordinances which encourage
co-location whenever possible.
Special conditions require that we build an equipment shelter at this location. These are a
function of the location of the Arkansas Western Gas tower as well as technical requirements of
any cellular site. The locations of existing Arkansas Western Gas equipment on this land
mandates that we locate our site to the east of the new tower, and thus closer to the property line.
We have no control whatsoever over where we could locate on this property. And finally, a
granting of this request does not bestow anything upon Nextel that has not or would not be
granted to any other applicant in any other area of Fayetteville.
We respectfully ask for an approval of our variance request on this site. We are willing to
landscape our site in order to mitigate any potentially adverse affects it may have, and we look
forward to providing Fayetteville with quality cellular telephone service.
Sincerely,
4 C Is
hris illines
Zoning Consultant
Board ofAdjustment
April Z 2001
BAOJ-6N�tel
415 North McKinley,Suite 1235 Little Rock,Arkansas 72205 Telephone Page 2.8
ONLINE: WWW.SITEEXCEL�.COM E-MAIL: CONTACT
COMPLETE WRITTEN DESCRIPTION OF THE REQUEST:
We are asking for a variance from the 25' side yard setback requirement in R-1. Our site
extends into this setback to 1 l'-4" from the East property line, resulting in a requested
variance of 13'-8". The area of our equipment shelter protruding into the setback is
shown below:
PROPOSED 20' WDE
PROPOSED NEXTEL INGRESS & EGRESS
UTILITY RACK EASEMENT
- - - - - - - - - -
PROIADE 6" DEEP #57
STONE THIN THE
10 POWER AND LEASE REA
1EUEPHONE EASEMENT
- - - - - - - - -- 12.2'
2.0' 2-Cr
PROPOSED 20'.20
NEXTEL LEASE AREA- PROPOSED 9*
NEXTEL PA T
SHELTER 11,4'
PROPOSED
WAVEGUIDE BRIDGE
SEE C6.01
PROPOSED
GUYED TOWER
L EXISTING FENCE
/ 4 B( d-?fAdjustment
April 2, 2001
BA014Newtel
Page 2.9
Mar-I B-01 12:1 OPM From-SOUTHWESTERN ENERGY COMPANY 501521114T T-354 P-02/04 F-452
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,01-6Nextel
Page 2.10
BA01 -6 Nextel CIO'*Se Up
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/\// Structures (1998) April Z 2001
BAOI-6Nextel
Page 2.11
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HP LASERJET 3200
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Mar-21-2001 2:28PM
Fax Call Report
Job Date Time Type Identification Duration Pages Result
516 3/21/2001 2:27:10PM Send 94425477 1:33 5 OK
F=.61 V 1=—-r-r I—E IV I L-L-1E
Office of City Planning
113 West Mountain
FayetteviHe, AR 72701
Phone:501-575-8264
Fax Number:501-575-8316
ift000missio.es0000,be�-l--lY Ple-oseell b--k-s--e-s Possible al(501)575-8263.
THANK YOU
Facsimile Transmission Cover Sheet
Number. 442-5477
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FROM faoetLVroin q,,ui,,P1,mn;qgC1&,k
DA TE.- 3-21-01
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PROVISIONS OF THE CODE OF
ORDINANCES OF THE CITY OF FAYETTEVILLE, THE FOLLOWING PETITIONS HAVE
BEEN SET FOR A HEARING BEFORE THE BOARD OF ADJUSTMENT IN THE CITY
ADMINISTRATION BUILDING, 113 WEST MOUNTAIN STREET, ROOM 111,
FAYETTEVILLE,ARKANSAS, ON MONDAY,APRIL 2, 2001, AT 3:45 P.M.
Approval of minutes from the meeting of March 5,2001.
BA 01-5.00: Variance(North College Development,pp 484)was submitted by Richard P.Alexander
of North College Development for property located at 9 N. West Avenue. The property is zoned R-0,
Residential Office and contains approximately 0.23 acres. The requirement is for a 10' side setback. The
request is for a 6.25' side setback(a 3.75 variance).
BA 01-6.00: Variance(Nextel,pp 448)was submitted by Chris Villines on behalf of Nextel for property
located at 779 Ruth Avenue. The property is zoned R-1,Low Density Residential and contains
approximately 1.91 acres. The requirement is for a 25'front setback. The request is for a 11.4' front
setback(a 13.6'variance).
All interested parties may appear and be heard at the public hearings. A copy of the proposed
amendments and other pertinent data is open and available for inspection in the Office of City
Planning (575-8264), City Administration Building, 113 West Mountain Street, Fayetteville,
Arkansas. All interested parties are invited to review the petitions.
Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is
required. For further information or to request an interpreter,please call Don Bunn at 575-8330.
GIVEN UNDER MY HAND THIS 21th DAY OF MARCH 2001
Tim Conklin
Planning Director
113 W. Mountain
Fayetteville, AR 72701
575-8264
**Please run this legal ad Sunday, March 25,2001
PO#00-000-3700-001
Contact Janet with questions or comments at 575-8263,Thanks!