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Home My WebLink About2001-08-06 - Agendas TO'd -lUi0i 02559470,ad 8/2/01 1:46—��' CITY OF FAYETTEVILLE AGENDA NOTICE BOARD OF ADJUSTMENT Monday,August 6, 2001 -3,45 p.m. City Administration 13111111ding,Room I 11 113 West Mountain Fayetteville,Arkansas PUBLIC MEETING - OPEN TO ALL The f011owing items'Aill be considered: APPrOvMl Of minutes from the July 2,20111 meeting. New Business: + VAR 01-17.00:Variance(Bank of Arkansas,pp 213) was submitted by Terry Smethers oil behalf of the Bank of Arkansas for property located at 3500 N. College.The property is zoned C-2,Thoioughfare Commercial and contains-approximately 1.80 acres.The requirement is a 514'front set. back.The request is for a 20'front setback(a 39'variance). 45 , All inacrusted parties rnay appeor and be heard at the public hearings.A wpy of the proposed amendinents and other pertinent data irooPcu and available forinspociion in theofficcorCity Planning(575-9264)�City Administration Building, 113 Won mountain street,Fayetteville, Arkansas.All hitcrestod partics am invitod to mim the petitions. himi-practs,or TOD for hcaTing impaimd am uvailabie rur all public meetings.72 hour It"is "uirud.For further infinnuition or to MjUtstln inwrpoetee,pleaw call Doli Bunn ai 575-8330. -4— TO/TO'cl TOS S31,11i U M N TP:TT iooz-zo-onu FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St Fayettevifle,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, August 6, 2001, at 3:45 p.m. in Room I I I of the City Administration Building, 113 West Mountain, Fayetteville, AR, 7270 1. The following items will be considered: Approval of minutes from the meeting of July 2, 2001. NewBusiness: 1. VAR 01-17.00: Variance(Bank of Arkansas, pp 213)was submitted by Terry Sm6thers on behalf of the Bank of Arkansas for property located at 3500 N. College. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1.80 acres. The requirement is a 65' front setback (50' standard with an additional l5necessary to accommodate the City's adopted Master Street Plan). The request is for a 20' front setback (a 45' 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. 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: August 6, 2001 VAR 01-17.00: Variance (Bank of Arkansas, pp 213)was submitted by Terry Smethers on behalf of the Bank of Arkansas for property located at 3500 N. College. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1.80 acres. The requirement is a 65' front setback (50' standard with an additional 15' necessary to accommodate the City's adopted Master Street Plan). The request is for a 20' front setback (a 45'variance). RECOMMENDATIONS: Staff recommends denial of the requested setback variance. Staff recommends that the applicant relocate the proposed ATM to an area of the site which will comply with required setbacks (shown on attached site plan). If the Board of Adjustment votes to approve the requested setback variance, staff recommends the following conditions: 1. Landscaping shall be installed in accordance with §166.10 to provide a setback reduction for the proposed ATM structure. This will reduce the requested variance amount from 45' to 20'. 2. Variance shall only apply to the proposed ATM structure. 3. ATM and any associated landscaping shall be relocated at such time as Millsap Road is improved or additional right-of-way is dedicated to the City. The applicant shall bear any costs associated with this relocation. H IUSFRSICOA"ON�DAPVNTW-PORTS�BOA18-6-011bankar.wpd Board ofAdjustment August 6, 2001 VAR 01-17 Bank ofArkansas Page ].I a Ordinance Requirement Applicant's Request Front setback 65' (additional 15' 20' (a 45' variance) necessary to accommodate adopted Master Street Plan) Front setback using 40' (50' reduced to 25' plus 20' (a 20' variance) reduction option 15' additional to I accommodate MSP) BACKGROUND: The applicant proposes to install an ATM within the existing parking lot of the Bank of Arkansas located at the northeast corner of Millsap Road and College Ave. The location shown on the attached site plan does not comply with the required front building setback of 50'. Because Millsap Rd. is a Collector and there is not adequate right-of-way existing to satisfy the requirements of the Master Street Plan,it is necessary to increase the setback amount to accommodate that adopted policy document. Millsap is designated a Collector on the City's adopted Master Street Plan in this location requiring a total of 70' of right-of-way (35' from centerline) to accommodate that plan. The current right-of-way width is 45' adjacent to this site (20' from centerline on the north side). The applicant is permitted to apply for a setback reduction in this situation which will allow for a 25' front setback as opposed to the required 50' setback. In order to achieve this reduction, additional landscaping will be required to be installed between the ATM and the street right-of-way (see attached code section from §166.10). Staff has reviewed the applicant's request and conducted a site inspection. Based on this process, staff is recommending that this request be denied. There is an alternate location available on site which should function in a similar manner and which complies with all zoning requirements. The alternate location will also allow the applicant to save all existing parking spaces (three would be removed with the applicant's proposal) and cause the removal of only one tree, as opposed to two which would be removed or relocated with the applicant's plan. The need for a new drive aisle would also be eliminated should the structure be placed according to staffs recommendation. H't USERSCOAMONDA WIV YV?FP OR TSOOA�8-6-01;b ankar.wpd Board ofAdjustment August 6, 2001 VAR 01-17 Bank ofArkansas Page 1.2a Comments: The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: SURROUNDINGLAND USE AND ZONING North: Arkansas Western Gas Co., C-2 South: Century 21 Realty/First Federal Bank, C-2 East: Bank of Arkansas Mortgage/Re Max, C-2 West: College Ave. /Coldwell Banker Faucette Realty, C-2 GENERAL PLAN DESIGNATION Regional Commercial 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: The designation of Mllsap Rd. as a Collector does impact the setback requirements and available building area on this site. AEllsap is projected to connect from College Ave. to the east and then north to Joyce Blvd. in the future and additional right of way will be necessary for this to occur. 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: Unable to make finding. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. H.'IUSERStCOA,MOIVDAWNTUZEPORT,51BOA18-6-011bankar.wpd Board ofAdjustment August 6, 2001 VAR 01-7 Bank ofArkansas Page 1.3 Finding: Unable to make finding. 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: Unable to make finding. 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 used as a basis for staff findings or recommendations. § 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 Monday,August 6, 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: Unable to make finding. (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 general purpose of the zoning regulation pertaining to setbacks in a commercial district is to provide sight distance and space between buildings and the public right-of-way. Granting the variance to allow the ATM structure within the required right of way for Millsap Road will create a H.-I USERSICOA"OIVIDAWNnRF-PORTSIBO-418-6-01 lbankar.wpd Board ofAdjustment August 6, 2001 VAR 01-7 Bank ofArkansas Page 1.4 challenge for the City in implementation of the Master Street Plan. The proposed variance will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. This is an area which is largely developed and consists of banks, offices and other professional service establishments. Millsap Road is currently a dead end street ending in the parking lot of a church to the east. (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: The applicant states that there is a need to have an ATM on this portion of the site which will provide greater safety and visibility of this use for bank customers. The existing ATM is located on a lower level at the drive thru under the bank(accessed from Front Street). Having an ATM in this parking are will create a safer area for customers and will allow the bank to open another drive thru lane below. 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: Staff has recommended an alternative to the applicant's variance request. Should a variance be granted, additional landscaping should be required to mitigate the impact of a structure within such close proximity to Millsap Road. 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 USF-RSICOA"OjVDAWNY�REPORTSIBO,418-6-01 I bankar.wpd Board ofAdjustment August 6, 2001 VAR 01-7 Bank ofArkansas Page 1.5 Applicant's Request Staff Recommendation .......... H.-I USER.SACOAE�fOADAWNTJ?EPORTS�BOA 18-6-01 Ihankar.wpd Board ofAdjustment August 6, 2001 VAR 01-7 Bank ofArkansas Page 1.6 §166.10 BUFFER STRIPS AND SCREENING. 4. Required building setbacks may be reduced in accordance with the following table where vegetation having a minimum height of one foot six inches at the time of planting and occupying 10% of the open area is installed and no off-street parking is provided in the remaining front yard. C-1, C-2 and I-1 From 50 feet to 25 zones feet R-0 zone From 30 feet to 25 feet 1-2 zone From 100 feet to 50 feet 5. Vegetation installed under the provisions of this section shall be continuously maintained to conform to the requirements of this section. H.'IUSERSACOA"ONDAWNIIRFPOR7sOO.418-6-011bankar.wpd Board ofAdjustment August 6, 2001 VAR 01-7 Bank ofArkansas Page 1.7 0 0 0 BANK OF ARKANSASKA July 23, 2001 TO: THE CHAIR OF THE BOARD OF ADJUSTMENTS We, the Bank of Arkansas, are proposing to install one (1) Automatic Teller Machine at 3500 N. College,Fayetteville 20' 3"from the south property line fronting on Millsap Road. The Automatic Teller Machine is 3'6"X 9'4" (33.25 sq. ft.) The slab for the ATM is 4'9"x 16'6"(78.375 sq. ft.). The reason for this variance is to provide users with a safe and secure means of obtaining and depositing funds at all times. Board ofAdjustment August 6, 2001 VAR 01-7 Bank ofArkansas Page 1.8 Oul 0 0 0 Om zz n -0 (D CD C, 0 m 0 (D (D CD n (D(a OQ a Board ofAdjustment August 6, 2001 VAR 01-7 Bank ofArkansas Page 1.9 Board ofAdjustment August 6, 2001 VAR 01-7 Bank ofArkansas Page LI 0 J 7 Board ofAdjustment August 6, 2001 VAR 01-17 Bank ofArkansas Page I-I Oa # "P Board ofAdjusiment August 6, 2001 VAR 01-7 Bank ofArkansas Page 1.11 C-2 Z Lin ljm�, (Eff Master Street Plan Freevoy/Expressway N Principal Aiterial Minor Aiterial V 'Collector w E Historical Collector Streets Fayetteville City Urnits S Washcnty 0.5 0 0.5 Miles Board ofAdjustment August 6, 2001 ----------- VAR01 -17 RANK OF ARKANAS CLOSE Up p C-2 Subject Property C-2 C-2 C-2 R-1 C-2 MV S stjR StTS N r t Plan 1�6 Freeway/Expressway W" E Principal Arterial -T� Minor Arterial S ��Collector Historical Collector 120 0 120 240 360 FeetRoard ofAdjustment August 6, 2001 VAR 01-7 R,�k�f Page 1.13 Board ofAdjustment August 6, 2001 VAR 01-7 Bank ofArkansas Page 1.14 HP LaserJet 32oo HP LASERJET 3200 JUL-25-2001 12:59PM Fax Call Report Job Date Ti me Type Identification Duration Pages Result 806 7/25/2001 12:57:04PM Send 94421760 2:07 4 OK L M-ft F= �.V,�-r-r IM IV I L-L-1—= Office of City Planning 113 West Mountain Fayetteville,AR 72701 Phone: 501-575-8264 Fax Number: 501-575-8316 lft,imiimeeiemcmueet lmieiiddearlyple.,91 beek.i. p.ib1.d(501)575-8263. THANK YOU Facsimile Transmission Cover Sheet Number.- 442-1760 ATTM.- Fndia FROM, 1..tRw'i,, scuinr P1,uuug r"'k DATE: 7-25-01 XUABER OFPAGES(Including cowr sheet)__�--- NOTES.' Thankforpm-&1p. Ifme liene any quesfiens,gin me a callat 57S4263.Jmet 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 I 11, FAYETTEVILLE, ARKANSAS, ON MONDAY, AUGUST 6, 2001, AT 3:45 P.M. Approval of minutes from the meeting of July 2,2001. New Business: VAR 01-17.00: Variance(Bank of Arkansas,pp 213)was submitted by Terry Smethers on behalf of the Bank of Arkansas for property located at 3500 N. College. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1.80 acres. The requirement is a 50' front setback. The request is for a 20'front setback(a 30'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 25h DAY OF JULY 2001 Tim Conklin Planning Director 113 W. Mountain Fayetteville, AR 72701 575-8264 **Please run this legal ad Sunday,July 29,2001** PO#00-000-3700-001 Contact Janet with questions or comments at 575-8263, Thanks! HP LaserJet 3290 w 0 HP LASERJET 3200 i n v e n t AUG-1-2001 4:46PM Fax Call Report Job Date Ti me Type Identification Duration Pages Result 907 8/ 1/2001 4:45:46PM Serld 94425477 0:38 2 OK F�10�N'1=—-r'r I=—1611 L-L-E-= Office of City Planning 113 West Mountain Fayetteville,AR 72701 Phone: 501-575-8264 Fax Number: 501-575-8316 Ifuansaussion�t be read alssHy pleass aall back as aa�a as possible at(501)575-8263. THANK YOU Facsimile Transmission Cover Sheet Number: 442-5477 A77W Doug Wallace FROM.- -lone,91roi, Se-i-,Pla�Wg Clerk DATE.-8-1-01 NUMBER OF PAGES(Yncluding cover sheet)_2 NOTES.' Di�plydf.,B..d�fAdj.n.t,Cit�ofFyn��ill�. F= Ah, 'Ir E-H -I- "r E=- Nf I L- L- E-= Office of City Planning 113 West Mountain Fayetteville, AR 72701 Phone: 501-575-8264 Fax Number: 501-575-8316 If transmission cannot be read clearly please call back as soon as possible at(501) 575-8263. THANK YOU Facsimile Transmission Cover Sheet Number: 442-5477 ATTN: Doug Wallace FROM- .1anetStrain, Senior Planning Clerk DATE: 8-1-01 NUMBER OF PAGES (Including cover sheet) 2 NOTES: Display ad for Board of Adjustment, City of Fayetteville. CITY OF FAYETTEVILLE AGENDA NOTICE BOARD OF ADJUSTMENT Monday, August 6, 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 July 2,2001. New Business: VAR 01-17.00: Variance(Bank of Arkansas, pp 213)was submitted by Terry Smethers on behalf of the Bank of Arkansas for property located at 3500 N. College. The property is zoned C-2,Thoroughfare Commercial and contains approximately 1.80 acres. The requirement is a 50'from setback. The request is for a 20' front setback(a 3 0'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 (5 75-8264), 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, August 5, 2001** PO#00-000-3700-001 "Proof Requested" Contact Janet with questions or comments at 675-8263 fax#575-8316. Thanks! TO'd _iuiol V= AOL �Ir 1�= T _r EE Nf I L_ L_ EE Office of City Planning 113 West Mountain Fayetteville, AR 72701 Phone: 501-575-8264 Fax Number: 501-575-8316 If transmission cannot be read clearly please call back as soon as possible at(501)575-8263. THANK YOU Facsimile Transmission Cover Sheet Arumher: 442-5477 ATTN: DaugWallace A. f tv FROM: funpi Sirain Senior Planning Clerk DATE: 8-1-01 NUMBER OF PAGES (Yncluding cover sheet)_2 NOTES.* Display ad for Board of Adjustment,City of Fayetteville. TO/10*d �.Lt7G FVt7 TOG SMi b M N os:Lo Tooz-zo-onu