Loading...
HomeMy WebLinkAbout2002-08-05 - Agendas NEWEST City of Fay 7/��"8 PM Page 1 CITY OF FAYEITEVILLE AGENDA NOTICE BOARD OF ADJUSTMENT Monday,August 5,2002- 3:45 p.m. Cry Administration Building,Room 326 113 West Mountain Fayetteville,Arkansas PUBLIC MEEFING-OPEN TO ALL City of Fayetteville The following hems will be considered: Approval of minutes from the meaning of July 1,2002 New Bus ness: VAR 02-1 B.00:Variance(Keating,pip 290)was submitted by Bill Keating for property located at 385 Sumbridge. The property is zoned C-2,Thoroughfare Commercial and contains approximately 0.67 acres. The requirement is 15i of landscaping along Villa Blvd. The request is for 5i of landscaping (a 101 variance). VAR 02-19.00:Variance(Sorth,pip�6)was submitted by Richard Smith for property located at 523 N. Washington Avenue. The property is zoned R-1, Low Density Residential and contains approximately 0.26 acres. The requirement is for a Ir side setback. The request is for a Z side setback(a 61 variance). VAR 02-20.00:Variance(Millennium LLC,pip 177)was submitted by Dale Carlos on behalf of Millennium, U-C for property located at 2827 Millennium Drive. The property is zoned 0.1, Neighborhood Ccaranerc.1 and contains approximately 0.72 acres. The requirement is for 20i rear setback. The request is for a 13i rear setback(a 71 variance). VAR 02-21.00:Variance(Mo"i ,pip�6)was submitted by Gary Kinion of Gary Kinion Inc.,on behalf of Jennifer Monte for property located at 52S N.Mission Blvd. The property is zoned R-1,Low Density Residential and contains approximately 0.20 acres. The requirement is for a 251 front setback on Mission and Gunter. The request is for a 10i front setback on Mission(a 154 variance) end a Of setback on Gunter(a 25f variance). VAR 02-22.00:Variance(Jones,pp�7)was submitted by Samantha Jones for property located at 824 E.Trust Street. The property is zoned R-1,Low Density Residential and contains approximately 0.16 acres. The requiremenrl:is for a 251 foadt setback. ne request is for a 21i front setback(a 4f variance).The requirement is for 701 frontage with 8,000 s.f.of land area,,the request is for 5W frontage(a 20i varance)with 7,000 s.f.land area(a 1,000 s.f.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(575-826xi),City Administration Building,113 West Mountain Street,Fayetteville,Arkansas. Al interested parries we invited to review the petitions. Interpreters or TDD for hearing impaired we available for all public meetings. 72 hour notice is required. For further information or to request ar,interpreter.please call Hugh Earnest at 575�8330. FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St Fayetteville,AR 72701 Telephone:479-575-8264 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment will be held Monday, August 5, 2002, at 3:45 p.m. in Room 326 of the City Administration Building, 113 West Mountain, Fayetteville, AR, 72701. The following items will be considered: Approval of minutes from the meeting of July 1,2002 New Business: 1. VAR 02-18.00: Variance(Keating,pp 290)was submitted by Bill Keating for property located at 385 Sunbridge. The property is zoned C-2,Thoroughfare Commercial and contains approximately 0.67 acres. The requirement is 15' of landscaping along Villa Blvd. The request is for 5' of landscaping(a 10' variance). 2. VAR 02-19.00: Variance(Smith,pp 446)was submitted by Richard Smith for property located at 523 N. Washington Avenue. The property is zoned R-1,Low Density Residential and contains approximately 0.26 acres. The requirement is for a 8' side setback. The request is for a 2' side setback(a 6'variance). 3. VAR 02-20.00: Variance(Millennium LLC,pp 177)was submitted by Dale Carlton on behalf of Millennium,LLC for property located at 2827 Millennium Drive. The property is zoned C-1, Neighborhood Commercial and contains approximately 0.72 acres. The requirement is for 20' rear setback. The request is for a 13' rear setback(a 7' variance). 4. VAR 02-21.00: Variance(Morris,pp 446)was submitted by Gary Kinion of Gary Kinion Inc., on behalf of Jennifer Morris for property located at 525 N.Mission Blvd. The property is zoned R-1,Low Density Residential and contains approximately 0.20 acres. The requirement is for a 25' front setback on Mission and Gunter. The request is for a 10' front setback on Mission(a 15' variance)and a 0' setback on Gunter(a 25' variance). 5. VAR 02-22.00: Variance(Jones,pp 447)was submitted by Samantha Jones for property located at 824 E. Trust Street. The property is zoned R-1,Low Density Residential and contains approximately 0.16 acres. The requirement is for a 25' front setback. The request is for a 2 V front setback(a 4' variance). The requirement is for 70' frontage with 8, 000 s.f. of land area,the request is for 50' frontage(a 20' variance)with 7.000 s.f. of land area(a 1,000 s.f.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 Hugh Earnest at 575-8330. FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Dawn T. Warrick,AICP, Senior Planner THRU: Tim Conklin, AICP, City Planner DATE: August 5, 2002 VAR 02-18.00: Variance(Keating,pp 290)was submitted by Bill Keating for property located at 385 Sunbridge. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.67 acres. The requirement is 15' of landscaping along Villa Blvd. The request is for 5' of landscaping(a 10' variance). RECOMNMNDATION: Staff recommends approval of the requested 10' setback variance for parking lot landscaping as shown on the attached site plan with the following condition: 1. This variance shall only apply to the small parking area currently being proposed at the southwest corner of the subject property. Ordinance Requirement Applicant's Request Parking setback 15' (per §166.14) 5' (a 10' variance) landscaping(Commercial) 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: H.IUSERSICOMMONIREPORTSWOAREPORTS2002LIugustWeating_yarO2-]8doc Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.1 BACKGROUND The subject property is located immediately west of the Americar dealership which sits at the southwest comer of Sunbridge Drive and College Ave. and has frontage on both Sunbridge Drive and Villa Blvd. When Sunbridge Dr. was extended to connect Gregg Street to College Ave., Villa Blvd. was closed so that it no longer intersects College Ave. Therefore, Villa Blvd. is still constructed adjacent to the subject property but it does not serve as a connecting street. There are a couple of businesses along College Ave. that have rear access to Villa, namely Braum's, but the street itself is a dead end that functions more as an access drive at this time. The structure on this site formerly housed a child care facility. At this time, the applicant is in the process of renovating the structure in order to provide some office space as well as an enclosed location for the Americar dealership to detail and evaluate vehicles. As a part of this renovation, additional parking is necessary. Existing pavement on the site will be restriped and configured to provide several parking spaces. In addition to those spaces, the applicant is proposing to install parking along the western edge of the property to serve the proposed offices within the structure. In this location, along Villa Blvd., the applicant is requesting a 10' variance in the required landscaping setback for parking for a commercial development adjacent to a street right of way. There are two large trees located at the south side of the structure, one of which will be impacted by locating parking in this location. According to the applicant as well as the City's Landscape Administrator,maintaining as much distance from and around this tree as possible is the only way to increase its odds for survival. The proposed variance of 10' would allow for adequate room for the existing tree and would still provide some area for landscaping between the property line and adjacent right of way along Villa Blvd. The right of way for Villa Blvd. in this location is also quite Aide and not fully developed. There is a wide area of existing greenspace between the proposed parking and the curb of the street. SURROUNDING LAND USE AND ZONING North: Multi-tenant retail, C-2 South: Braum's, C-2 East: Americar dealership, C-2 West: Vacant, R-0 GENERAL PLAN DESIGNATION Community Commercial H.IUSERSICOMMOMREPORTS�ROAREPORTS2002Wugustlkeating_varO2-18doc Board ofAdiusunent August 5, 2002 VAR02-18 Keating Page 1.2 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 width of the existing Villa Blvd. right of way as well as the fact that Villa Blvd. is no longer a functional through street are conditions which are unique to this property. The mature tree on the south side of the building in the area targeted for parking is also unique to the property. The ability to save the tree is a compelling reason to seek the requested variance. 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 ability to renovate and reuse the existing structure depends on the addition of parking spaces on this site. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The circumstances surrounding Villa Blvd. as well as the existence of a mature tree in this location did not result from actions of this applicant. 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: Granting the variance will not confer any special privilege that is denied by current zoning regulations. The use of this property for offices and other commercial activities is permitted within the C-2 zoning 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. H.-I USERSICOMMOMP EPOR TS WAREPOR TS 2002 W ugust 1A=fing_var02-18doc Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.3 Finding: No nonconforming uses or structures 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 5,2002. 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: The requested variance represents the minimum variance needed to provide the proposed parking area in a manner which will allow the best chance of survival for the existing mature tree according to the City's Landscape Administrator(see attached memo). (1.) 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 the requested variance will be in harmony with the general purpose and intent of current zoning regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The requirements for providing landscaping within and adjacent to parking areas is to break up the expanse of pavement and to buffer the visual impact of parking areas adjacent to public rights of way. Applicant's are always encouraged to save existing landscaping when possible as an added amenity for a project as well as a means of preserving a natural resource. (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: Reasons set forth in the application and memo from the City's Landscape Administrator justify granting the variance. The requested variance is the minimum variance necessary to make reasonable use of the subject property H-IUSEIMCOMMOMI?EPORTSIBOAREPORTS2OO2Uugustikeating-�varO2-18doc Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.4 'while maintaining existing landscaping(mature tree) on the site. 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 recommends that this variance only apply to the small parking area currently being proposed at the southwest corner of the subject property. 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�USERSICOMMON�REPORTSIBOAREPOR732002L4ugustlkeating_yarO2-]8doe Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.5 (from UDO Chapter 172—Parking and Loading) §172.01 (1). Irrigation System. Some method of F. Parking Lot Landscaping irrigation shall be required in landscaped Requirements. areas. An automated irrigation system is encouraged to ensure adequate moisture to plant material. In landscaped areas without 1. Submittal an automated irrigation system the Requirements: A landscaping plan shall be installation of hose bibs (water spigots), submitted for all parking lots containing five installed one for every 100 foot radius, will (5) or more spaces. The Landscape plan be required. shall indicate the species of all plants, size (2). Planting of each species at the time of planting, Beds. All landscaping shall be planted spacing requirements for each plant, and the within areas designated as planting beds, type of edging and mulch to be used for the this includes tree lawns, tree islands, and planting beds. The planting plan may be tree pits. Planting beds shall have amended incorporated with the site or grading plan. soil to ensure the health of the plant material. All sod shall be removed within 2. General Requirements: the planting bed and mulch shall cover the bare soil to case maintenance. Sod will be a. Separation of allowed in tree lawns and tree islands if no Landscaped Areas and Vehicles. All other plant material is included within these landscaped areas shall be protected from areas. potential damage by vehicles by placing (3). concrete curbs or wheel barriers adjacent to Replacement Landscaping. Landscaping the landscaped area except as provided in that dies or is damaged shall be removed and §F.2.b. replaced by the current owner of the property. The owner shall have 60 days b. Vehicle from the receipt of written notice issued by Overhang. Except when exercising Option the City of Fayetteville to remove and 3., F.3.a.(3)., a portion of a standard parking replace any required landscaping that dies or space may be landscaped instead of paved to is damaged. meet part of the landscaping requirement. The landscaped area may be up to two feet d. Timing of of the front of the space as measured from a Installation. Landscaping shall be line parallel to the direction of the bumper of provided prior to the issuance of a final the vehicle using the space. Landscaping certificate of occupancy. A 90-day inay only be ground cover plants in the temporary certificate of occupancy may be overhang area. issued once the owner deposits, with the c. Maintenance. The City, U.S. currency or an irrevocable letter current owner of the property shall be of credit in an amount equal to 150% of the responsible for the maintenance of all estimated cost of the uninstalled plant required landscaping. material. The letter of credit must be from a H IUSERSICOMMONWEPORTSIBOAREPORTS2002L4ugustIL-ating_�varO2-18doc Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.6 bank or banking institution doing business within the State of Arkansas which is a member of the Federal Deposit Insurance 3. Interior Landscaping Corporation. Requirements. c. Size and type of a. Amount of plant material. All plant material Landscaping. Parking lots containing ten or shall meet the requirements established by more vehicles shall be landscaped utilizing the American Standard for Nursery Stock. one of the following options: Trees shall have a minimum 2 inch caliper at the time of installation. Shrubs are to reach an average height of Ywithin two years of 6 by a,151and installation. Plant species installed in vehicular use areas are to be approved by the Landscape Administrator. Suggested 4'. species of trees are available within the City of Fayetteville Landscape Manual. J�' F1 OFrION 3 IE T— "Qe (1). Option 1. Narrow Tree Lawn- a continuous strip between rows of parking. The minimum width of a tree lawn is 8'; however, if large tree species are used the minimum width is 10'. One tree shall be planted for every 12 parking spaces with this option. If planting a 10'.wide tree lawn, only large tree species Requirements for landscaping between the shall be used and one tree shall be planted Right-of-Way and parking areas are intended for every 15 parking spaces. Trees may be to lessen the effect of extensive paving. A grouped or spaced within the lawn area. minimum 50% of shrubs selected shall be (Figure 1.) evergreen . Caliper. A measurement of general tree size taken at a point located six inches above natural ground or root ball surface. H.-IUSERSICOMMONtREPORTS�BOAREPORTS2002L4ugustlkeating_varO2-]8doc Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.7 (2). Option 2. a. Side and Rear Tree Island- 150 sq. Ft. minimum, Property Lines. All parking lots shall have minimum width of 8'. Only Medium tree five feet of landscaped area between the species are allowed within landscape property line and parking lot., The two-foot islands. One tree shall be planted for every vehicle overhang option may be included to 12 parking spaces with this option. (Figure meet this requirement. Depending on the use 2) and location, additional area' and screening may be required under§166.10,Buffer Strips (3).Option 3. and Screening. Tree Pit - 36 square foot minimum, q� minimum width of 6'. Tree pits must be covered with either a tree grate or some form ANA of permeable pavers, (brick or stone). Only small species of trees are allowed in tree (1). Residential pits. Vehicle overhang is not allowed with Zones. Except for permitted entrance drives, this option. One tree shall be planted for every parking lot shall be landscaped for an every 10 parking spaces with this option. equal and uniform width of 15 feet parallel to (Figure 3) the front property line(s) street right-of-way. U *Minimum width of all islands is measured from the actual planting area,(back of curb to back of curb) W", M, b. Calculation of area. Required perimeter landscaping may not be substituted for interior landscaping. C. However, it is recognized that interior J9"-'L 'U-6 21N landscaping mayjoin perimeter landscaping. 0m N-' In such cases, landscaping which extends fflu four feet or more into the parking area may be included in the calculation of interior landscaped area. c. Exceptions. All parking lots used solely ........... for the purpose of providing areas for the Mu"iRM. X­ eW display and storage of motor vehicles for sale, v lease, and rental shall be exempt from the I 'U'VE-UP, interior landscaping requirements. 4. Perimeter Landscaping Cross Reference: Variances, Chapter 156. Requirements. Parking lots containing five (5) or more spaces shall be landscaped meeting the following requirements: H.�USERSICOMMONIREPORTStBOAREPORTS2002L4ugustikeating_varO2-1&foc Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.8 (from UDO Chapter 166—Development) 1. R-1 0 Residential Office §166.14 SITE DEVELOPMENT 2.C-1 Neighborhood STANDARDS AND CONSTRUCTION Commercial AND APPEARANCE DESIGN 3.C-2 Thoroughfare STANDARDS FOR COMMERCIAL Commercial STRUCTURES. 4. C-3 Central Commercial A. Purposes. 5. C-4 Downtown 1. To protect and enhance 6. 1-1 Heavy Commercial Fayetteville's appearance, identity, and and Light Industrial natural and economic vitality. 7. 1-2 General Industrial 2. To address environmental concerns which include, but are not limited 8. P-1 Institutional to, soil erosion,vegetation preservation, and drainage. 9. E-1 Extraction 3. To protect and preserve 10.Any other zoning district the scenic resources distributed throughout when commercial, office, institutional and the City, which have contributed greatly to industrial uses are allowed as a conditional its economic development, by attracting use. tourists,permanent and part-time residents, new industries, and cultural facilities. C. Site Development Standards. The following site development standards 4. To preserve the quality of shall apply when either new development or life and integrate the different zones and expansion of 25% of the existing building uses in a compatible manner. square footage occurs. 5. To address the issues of 1. Landscaping. traffic, safety and crime prevention. Landscaping is required as follows: a. Landscaping 6. To preserve property general provisions. values of surrounding property. (I). Landscaping shall be provided which is sufficient to provide soil stability and 7. To provide good civic suitable drainage. design and arrangement. (2).Trees, B. Zoning Districts. The standards shrubs, ground cover and grass shall be the set forth herein shall apply in the following primary source of landscaping and shall be zoning districts, except as noted: placed and/or retained in such a manner as to reduce runoff. H.-�USE)OCOMMON6'?EPORTSOOAREPORTS2OO2Wugust�keating_�varO2-]8doe Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.9 (3)_ The planted shall have a two inch caliper current property owner shall properly (diameter)measured six inches above maintain all landscaping and shall replace ground level at the time of planting with at any landscaping that dies or is damaged. least 50% with an expected mature height of (4).Native 60 feet or more. In cases of existing vegetation should be used when possible in overhead power lines, trees shall be planted order to minimize watering. that will not interfere.with existing power lines. (5).Landscaping should attempt to incorporate existing on-site trees and (d). Each tree shrubbery. shall have a minimum of 100 square feet of (6).Providing permeable surface located under the outdoor spaces and places for people to potential canopy of the tree. Paving blocks, gather is encouraged. bricks, and iron and plastic grates may be b. Landscaping used over the tree root system to allow air along front property lines. and water into the root system. 2. Screening for commercial buildings and development. a. Screening shall iew obscuring fence, view mean a vi and sidewalks arc allowed to cross the 15 obscuring berm, view obscuring foot landscaped area provided the integrity architectural treatment, or view obscuring of the landscaped area is maintained. vegetation, or combination of the four, of Residential uses and zoning districts C-3 and sufficient height to prevent the view of the C-4 shall be exempt from this requirement. screened items from vehicular and (2). llar-ianee. pedestrian traffic on adjacent streets and The width ef the landseaped afea may-be from residential property. Vegetation shall r-edueed in fr-eiA pafking lots wheft be planted at a density sufficient to become park4ng lot sethaek re"etion option is used- view obscuring within two years from the Pufs to §172.01. date of planting. (3). Trees. b. Mechanical and (a). J�s utility equipment, trash enclosures, and outdoor storage of material and equipment shall be screened if visible from the her in highway/street right-of-way or from groups. No group may count more than residential property as set forth below: 25%of the required number. (1). Mechanical (b). Species and utility equipment. All mechanical and selection shall be at the discretion of the utility equipment located on the wall and/or developer. However, species which are on the ground shall be screened. All roof- listed in the Landscape Manual under the mounted utilities and mechanical equipment tree section guide are encouraged. shall be screened by incorporating screening (c). Trees into the structure utilizing materials H.-I USERSICOMMONTEPOR 7-SIBOAREPOR TS 2002 W ugust1keafing_yarO2-18doc Board ofAdjustment August 5, 2002 VAR02-18 Keating Page LI 0 compatible with the supporting building. Mechanical and utility equipment over 30 5. Driveways. Shared drives inches in height shall meet building and cross access between properties shall be setbacks. encouraged to developed and undeveloped properties, except in C-3 and C-4 zones. Cross Reference: §161.13 through §161.2 1. A Design Elements Guidelines for (2). Trash Commercial Structures. enclosures. Trash enclosures shall be screened with access not visible from the 1. The elements to avoid or street. minimize include: a.Unpainted concrete 3. Fences. The following precision block walls. types,height, and location of fences shall be prohibited: b. Square "boxlike" a. Razor and/or structures. Barbed Wire.Razor and/or barbed wire c. Metal siding fences are prohibited if visible from the which dominates the main facade. - street right-of-way or a residence unless and d. Large blank, except barbed wire fences are used for unarticulated wall surfaces. agricultural purposes. e. Large out of scale signs with flashy colors; b. Chain Link. Chain link fence is prohibited if closer to the 2. Construction and street than the front of the building in zoning appearance design standards for districts C-1, C-2, C-3, C-4 and R-0. commercial structures. Residential uses are exempt from this a. A commercial requirement. structure or development shall be designed c. Height of Fences to avoid or minimize the elements set forth in Front Buildings. Fences located in front in D.1. above. of the primary structure may be solid up to b. A commercial 30 inches in height. Any part of a fence development which contains more than one which exceeds 30 inches in height shall not building should incorporate a recurring, obstruct the view of the primary structure unifying, and identifiable theme for the from the right-of-way. entire development site. c.A development 4. Site Coverage. A should provide compatibility and transition maximum of 85% of the development site between adjoining developments. may be covered by the ground floor of any structure,parking lots, sidewalks, and E. Design Review. private streets and drives or any other impermeable surface. Zoning districts C-3, 1. Submittals The C-4 and the design overlay district are following drawings, information, and plans exempt from this requirement. shall be submitted to the Planning H IUSERSICOMMON6'ZEPORTSIBOAPXPORTS2002L4ugustikeating_yarO2-]8doc Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.11 Commission for design review and approval Cross Reference: Appeals, Chapter 155. with large scale development applications, when applicable; or, submitted to the F. Variances. Planning Division for design review and approval with, or prior to, building permit Cross Reference: Variances, 156. applications for non-large scale development. (Code 199 1, §160.124; Ord.No. 4004, 1, a. Rendered elevation 10-15-96) drawing of main facade at 1/16 inch to I foot(minimum) scale showing adjoining context and a description of external building materials. b. Proposed land- scaping to be used as screening shall be shown on the tree preservation plan or site plan. 2. Build Out.Upon approval of a large scale development or issuance of a building permit,build-out of the project shall conform to the drawings, information, and plans approved. a. Amendments to the drawings, information and plans shall be submitted to the Planning Division. Amendments which are determined to be insignificant or minor may be approved by the Planning Division. Significant amendments shall be approved by the Planning Commission when approval was given through the large scale development process or by the Planning Division when approval was given through the building permit process. b. Amendments shall be considered using the same standards as the initial design approval. c. Failure to build-out the project according to the approved drawings, information and plans or approved amendments thereto shall render the large scale development approval or the building permit approval void. H.IUSERS�COMMOA'IREPORTSIBOAREPORTS2OO2Uugustlkeating_�varO2-]8doc Board ofAdjustment August 5, 2002 VAR02-18 Keating ,Page 1.12 §161.14 DISTRICT C-2 THOROUGH-FARE C.Bulk and Area Regulations. Setback COMMERCIAL. lines shall meet the following minimum requirements. A. Purpose.The Thoroughfare Commercial From Street ROW 50 ft. District is designed especially to encourage the From Side Property Line None functional grouping of these commercial enterprises catering primarily to highway travelers. From Side Property Line 15 ft. When Contiguous to a B.Uses. Residential District 1. Permitted Uses. From Back Property Line 20 ft. unit I City-Wide Uses by Right D. Building Area. On any lot the area Unit 4 Cultural and Recreational Facilities occupied by all buildings shall not exceed 60%of the total area of such lot. Unit 12 Offices, Studios and Related Services I E. Height Regulations.In District C-2 any Unit 13 Eating Places building which exceeds the height of 20 feet shall be Unit 14' Hotel,Motel and Amusement set back from any boundary line of any residential Facilities district a distance of one foot for each foot of height in excess of 20 feet. No building shall exceed six Unit 15 Neighborhood Shopping Goods stories or 75 feet in height. (Code 1991,§160.036;Code 1965,App.A,Art. Unit 16 Shopping Goods 5(VI); Ord.No. 1747,6-29-89;Ord.No. 1833, 11-1- 7 1;Ord.No.2351,6-2-177;Ord.No.2603,2-19-80; Unit 17 Trades and Services Ord.No.4034,§§3,4,4-15-97) Unit 18 Gasoline Service Stations and Drive- In Restaurants Unit 19 Commercial Recreation Unit 20 Commercial Recreation,Large Sites Unit 24 Outdoor Advertising Unit 33 Adult Live Entertainment Club or Bar 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Unit 32 Sexually Oriented Business H.-WSERS�COMMOMPEPORTSABOAREPORTS 2002W ugus11keating_var02-18doc Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.13 FAYETTEVILLE THE CrTY OF FAYETTEVILLE,ARKANSAS LANDSCAPE ADMINISTRATION DATE: 7-26-2002 TO: Board of Adjustments COPY: Dawn Warrick, Planning; Bill Keating, Sunbridge Development FROM: Kim J. Hesse, RLA SUBJECT VAR 02-18 I fully support the variance request for 385 Sunbridge Drive. The request is to reduce the landscape buffer from 15 feet to 5 feet between the proposed parking area and Villa Boulevard. One of the reasons for the Variance is for the protection of a large Pin Oak that exists to the south of the building. To improve the preservation chances of this tree, it will be imperative to keep construction activity as far from the trunk of the tree as possible. The developer will unfortunately have to work within the edge of the drip line of the tree even with this variance however the difference of 10 feet will greatly reduce the impact. Please consider this issue when determining the variance and feel free to contact me as needed at 575-8308. Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.14 22 W. Sunbridge St. Fayetteville, Ar. 72703 07/08/02 Board of Adjustment City of Fayetteville 113 W. Mountain St. Fayetteville, Ar. 72701 Dear Sirs: We request a waiver of the commercial design standards along the western 122.20' of the lot at 385 E. Sunbridge (see attachment #1). More specifically we would like a reduction of the set back along Villa blvd. from 15' to 51. Villa Street has been closed at the College Street intersection and has little or no traffic on it. This waiver would facilitate the continued protection of a 24" oak tree. Respecffidly, Bill Keating For Stanley Taraska Family Trust attachments: I cc: Stella Keating, adminstratrix Board ofAdjustment August 5, 2002 VAR02-18 Keating Page 1.15 z Z d fw 0, 2 (D LZI SOO)V3.00- 167.23- Ain Board qJ Adjustment Au�-ust 5, 2002 VAR02 18 Keating Page 1.16 VAR02-18.00 KEATING Close Up View C�2 z .pq MADRID SUBJECT PROPERTY SUNBRIDGEDR R A S C-2 C-21 Overview Legend spcdty oveday mind Master Street Plan j- City urnin, VAR02-18.00 O'strests F..ay]E)pmsay oulside city ETIBuildings alsling Principal Afterial -akes Planned Minor Arlenal Coll.= 0 0 0 0 Hisloric Collector 3oard ofAdjustment Planning Area Zoning August 5, 2002 600 VAR02-18 Keating 0 75 150 300 450 ... Page 1.17 IN He -V-1—I gm In lj� 1,M-01 IV, su a I as no .'..IIIi�0111111 ;C rwm=4.4.4.4 WIN I IR NHI 11 six OMEN NO 11 wif 0 9 . A Mi.M Sms of - a Rl - 'a Py g1g,- IF I AM 2w it oil MEN NOR! IBM Ila 1W I-Iin Now III logo Im� MW EW ---— gg Via 1411 [IN Hu In -v-'�m III Ilia All fix Ell It ,JIM Ov e r vi e w FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Dawn T. Warrick, Senior Planner THRU: Tim Conklin,A.I.C.P., City Planner DATE. August 5, 2002 VAR 02-19.00: Variance (Smith, pp 446)was submitted by Richard Smith for property located at 523 N. Washington Avenue. The property is zoned R-1, Low Density Residential and contains approximately 0.26 acres. The requirement is for an 8'side setback. The request is for a 2' side setback(a 6' variance). RECOMMENDATION: Staff recommends approval of the requested setback variance as shown on the attached site plan with the following conditions: 1. This variance shall apply only to the proposed porch addition/rebuild. 2. A buildingpermit shall be obtained for this project prior to commencement of any additional work. 3. Any future additions or alterations shall comply with zoning requirements (any future variances must be brought as new and separate applications before the Board for consideration). Ordinance Requirement Applicant's Request Side Setback(R-1) 89 6' (2' variance) Comments: H IUSERSICOMMOAULANNINGIReportsIBOAPEPORTS2002L4ugust�smith-varO2-]9doc Board ofAdjustment August 5, 2002 VAR 02-19 Smith Page 2.1 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: BACKGROUND: The subject property is located on N. Washington Ave. between Davidson and Maple Streets. It is one half block cast of College Ave. and with the exception of the restaurant to the west, it is surrounded by single family residences. There is a public alley on the south property line. The applicant is requesting a variance for the side setback on the south boundary of the subject property. The original structure was built in 1889,with a kitchen addition in the 1920's and predates any zoning regulations of the City of Fayetteville. The area of the 1920's addition is located approximately 21 from the alley which lies on the south property line. The back porch was built around that time and sat approximately 5' from the south property line. Recently, the applicant removed the original back porch and rebuilt it larger, enclosed porch in basically the same location. It is now approximately 6' from the south property line which reduced the encroachment.by one foot. When the porch was rebuilt however, no building permit was sought. City Inspectors reviewing an adjacent property made the applicant aware of the requirement for a building permit and he did pursue that permit. Planning staff was unable to approve the building permit due to the fact that the work being conducted did not comply with setback requirements and a variance would have to be sought in order for the applicant to obtain a permit to continue the work that is associated with this new porch. If the addition had been in compliance with the required 8' setback, staff would have been able to approve the permit, even though the house is non-conforming, because it is an addition to an owner-occupied single family home that is less than 25% of the original floor area of the house. SURROUNDING LAND USE AND ZONING North: Single family homes, R-1 South: Single family homes, R-1 East: Single family homes, R-1 West: Restaurant, C-2 GENERAL PLAN DESIGNATION Residential H.IUSERMCOMMO"L4NNIA(GIReportsWOAREPORTS2OO2Uugusilsmith-varO2-19doc Board ofAdjustment August 5, 2002 VAR 02-19 Smith Page 2.2 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 location of the original structure and the porch addition which is being rebuilt was determined well before zoning regulations were established in Fayetteville. There is also an alley running along and adjacent to the south boundary of the subject property which provides additional distance between this structure and those to the south. 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 applicant would not be able to replace(or enlarge) the existing porch which was a part of the structure since the 1920's and was in need of repair. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The location of this structure on the lot was determined well before purchase by this applicant. 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: Granting the variance requested will not confer any special privilege that is denied by current zoning regulations. The use of this property for single family dwellings is permitted by right in the R-1 zoning 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. H.IUSEP.SICOMMOA%IZEPORTSIBOAREPORTS2OO2Uugustismith varO2-19doc Board ofAdjustment August 5, 2002 VAR 02-19 Smith Page 2.3 Finding: No nonconforming uses or structures 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 5,2002. 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: The variance requested is the minimum variance needed in order to permit the project to rebuild the applicant's back porch according to the original plans of the structure as well as the work which has already been initiated. (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: Granting the requested variance will be in harmony with the general purpose and intent of current zoning regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The existing alley which lies south of the structure provides distance between this house and the property to the south. The main structure encroaches further into the side setback than the proposed porch addition. (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: Reasons set forth in the application justify granting the variance. The requested variance is the minimum variance needed in order for the proposed porch addition to be permitted so that work may be completed on the project. H.IUSERS�COMMOMREPORTSIBOAREPORTS2OO2WugustUmith varO2-19doc Board ofAdjustment August 5, 2002 VAR 02-19 Smith Page 2.4 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 recommends that this variance only applies to the proposed porch addition. 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.-IUSERSICOMMOAWPORTSOOAPEPORTS2002L4ugustUmith-varO2-]9doe Board ofAdjustment August 5, 2002 VAR 02-19 Smith Page 2.5 §161.04 DISTRICT R-1: LOW DENSITY D. Bulk and Area Regul tions. RESIDENTIAL. Single-Family Two-Family A. Purpose. The Low Density Residential Lot 70 ft. 80 ft. District is designed to permit and encourage the Minimum development of low density detached dwellings in Width suitable 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. 1. Permitted Uses. Per Dwelling FUnit I City-Wide Uses by Right Unit Unit 26 Single-Family Dwelling E. Ya Requirements(feet). FRONT REARYARD 2. UsesPermissible on Appeal to YARD the Planniti g Commission. 25 20 Unit 2 City-Wide Uses by Conditional Use Permit F. Building Area.On any lot the area Unit 3 Public Protection and Utility Facilities occupied by all buildings shall not exceed 40%of the LOUH area of such lot. Unit 4 Cultural and Recreational Facilities (Code 199 1,§160.03 1) Unit 8 Single-Family and Two-Family Dwellings C. Density. SINGLE-FAMILY TWO FAMILY DWELLINGS DWELLINGS 4 or Less Families Per 7 or Less Families Per Acre Acre H.,IUSERSICOMMOMREPORTSIBOAREPORTS2002L4ugusitsmith var(12-19doc Board ofAdjustment August 5, 2002 VAR 02-19 Smith Page 2.6 §164.07 NONCONFORMING USES AND or width, or both, that are generally applicable in the STRUCTURES. district, provided that yard dimensions and requirements other than these applying to area or width, A. Intent. of both, of the lot shall confonn to the regulations for the district in which such lot is located. In a previously 1. Within the districts established by developed subdivision,platted prior to June 29, 1970, this chapter or amendments that may later be adopted,if and with the approval of the subdivision committee, a there exist lots, structure, uses of land and structures, new single-family dwelling or an addition or repair to and characteristics of use which are lawful before this an existing single-family dwelling may be constructed chapter was passed or amended, but which would be in all residential zones in keeping with the existing prohibited, regulated, or restricted under the terms of standard in the neighborhood so long as the interior side this chapter or future amendment,it is the intent of this setback is no less than five feet. Variance of yard chapter to permit these nonconformities to continue requirements shall be obtained only through action of until they are removed, but not to encourage their the board of adjustment. survival. It is further the intent of this chapter that nonconformitiesshall not be enlarged upon,expanded, 2. If two or more or combination of or extended, nor be used as grounds for adding other lots and portion of lots with continuous frontage in structures or uses prohibited elsewhere in the same single ownership are of record at the time of passage or district. amendment ofthis chapter,and if all parts ofthe lots do not meet the requirements established for lot width and 2. It is not the intent of this section to area, the lands involved shall be considered to be an prohibit the improvement of nonconforming residences undivided parcel for parcel the purposes ofthis chapter, by adding bath facilities or connecting to utilities as and no portion of said parcel shall be used or sold in a long as the bulk and area requirements of the R-3 manner which diminishes compliance with lot width District are met. and area requirements established by this chapter,nor shall any division of any parcel be made which creates a 3. Nonconforming uses are declared lot with width or area below the requirements stated in by this chapter to be incompatible with permitted uses this chapter. The prohibition prescribed hereby shall in the districts involved. not apply to a nonconforming lot on which a principal structure existed on the effective date of adoption of 4. A nonconforming use of a this chapter and which adjoins a nonconforming lot on structure, a nonconforming use of land, or a which a principal structure existed on the effective date nonconforming use of a structure and land in of the adoption of this chapter. combination shall not be extended or enlarged after passage of this chapter by the addition of other uses of a (Code 1991,§160.136;Code 1965,App.A,ArL 4(2); nature which would be prohibited generally in the Ord.No. 1747,6-29-70;Ord.No.2505,2-20-79;Ord. district involved. No.3114,9-3-85;Ord.No. 3124,9-17-85) (Code 1991,§160.135; Code 1965,App.A, Art 4(l); C. Nonconforming Uses of Land(or Land Ord.No. 1747,6-29-70;Ord.No. 1918,5-15-83;Ord. with Minor Structures Only). Where at the time of No..2126,7-14-75) passage of this chapter lawful use of land exists which would not be permitted by the regulations imposed by B. Nonconforming Lots of Record. this chapter,and where such use involves no individual structure with a replacement cost exceeding$1,000,the 1. In any district in which single- use may be continued so long as it remains otherwise family dwellings are permitted, a single-family lawful,provided: dwellings and customary accessory buildings may be erected on any single lot of record at the effective date 1. No such nonconforming use shall of adoption or amendment of this chapter, be enlarged or increased, nor extended to occupy a notwithstanding limitations imposed by other provisions greater area of land than was occupied at the effective of this chapter. Such lot must be in separate ownership date of adoption or amendment of this chapter. and not of continuous frontage with other lots in the same ownership. This provision shall apply even 2. No such nonconforming use shall though such lot fails to meet the requirements for area be moved in whole or in part to any portion of the lot or H.IUSEPSICOMMONtREPORTSIBOAREPORTS2002L4ugusilsmith var02-19doc Board ofAdjustment August 5, 2002 VAR 02-19 Smith Page 2.7 parcel other than that occupied by such use at the yards by one foot on each side of the entry door to a effective date of adoption or amendment ofthis chapter. maximum depth of six feet in required front yards and rear yards and to a maximum depth of four feet in 3. If any such nonconforming use of required interior side yards. land ceases for any reason for a period of more than 120 days, any subsequent use of such land shall 2. Should such nonconforming conform to the regulations in which such land is structure or nonconforming portion of structure be located;and destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction,it shall not 4.No additional structure not be reconstructed except in conformity with the conforming to the requirements of this chapter shall be provisions of this chapter. erected in connection with such nonconforming use of land. 3. Should such structure be moved for any reason for any distance whatever, it shall (Code 1991,§160.137;Code 1965,App.A,Art.4(4); thereafter conform to the regulations for the district in Ord.No. 1747,6-29-70) which it is located after it is moved. (Code 1991,§160.138; Code 1965,App.A,Art.4(4); D. Nonconforming structures. Where a Ord.No. 1747,6-29-70; Ord.No.3130, 10-1-85) lawful structure exists at the effective date of adoption or amendment of this chapter that couldnot be built E. Nonconforming Uses of Structures or of under the terms of this chapter by reason of restriction Structures and Premises in Combination. If lawful on areas,lot coverage,height,yards,its location in the use involving individual structures with a replacement lot,or other requirements concerning the structure,such cost of$1,000 or more,or of structure and premises in structure may be continued so long as it remains combination,exists at the effective date of adoption or otherwise lawful,subject to the following provisions: amendment of this chapter,that wouldnotbe allowed in the district under the terms of this chapter the lawful use 1.No such nonconforming structure may be continued as long as it remains otherwise may be enlarged or altered in a way which increases its lawful,subject to the following provisions: nonconformity but any structure or portion thereof may be altered to decrease its nonconformity,provided,the 1. No existing structure devoted to a following structures may be enlarged or altered as use not permitted by this chapter in the district in which hereinafter provided: it is located shall be enlarged, extended, constructed, a. Nonconforming reconstructed,moved or structurally altered except in residential structures may be enlarged or altered by changing the use of the structure to a use permitted in increasing the height of said structures. the district in which it is located or as required by other b. Carports in residential ordinances; zones may extend into the required yard setbacks if.- the carport is set back at least ten feet from the street right- 2. Any nonconforming use may be of-way;the carport is set back at least five feet from any extended throughout any parts of building which were interior side property line; the carport is set back at manifestly arranged or designed for such use at the time least ten feet from the rear property line;the area below of adoption or amendment of this chapter,but no such the roof is open on the sides; and the carport does not use shall be extended to occupy any land outside such materially obstruct vision. building. c. In residential zones, detachable awnings which are not structurally a part of 3. If no structural alterations are the building may be erected in any required front yard made, any nonconforming use of a structure, or or rear yard if the awning does not projectmore than six structure and premises, may as a conditional use be feet. Detachable awnings which are not structurally a changed to another nonconforming use provided that part of the building and which project no more than the Planning Commission, either by general rule or by four feet may be erected in any required interior side making findings in the specific case,shall find that the yard. proposed use is equally appropriate or more appropriate d. In residential zones, to the district that the existing nonconforming use. In porch roofs and open porches may extend into required permitting such change,the Planning Commission may H IUSERSICOMMON�REPORTSIBOAPEPOR7,s2OO2L4ugusilsmith varO2-19doc Board ofAdjustment August 5, 2002 VAR 02-19 Smith Page 2.8 require appropriate conditions and safeguards in accord condition,it shall not thereafter be restored,repaired,or with the provisions of this chapter. rebuilt,except in conformity with the regulations of the district in which it is located or as required by other 4. Any structure, or structure and ordinances. land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter (Code 1991,§160.140;Code 1965,App.A,Art.4(6); conform to the regulations for the district, and the Ord.No. 1747,6-29-70) nonconforming use may not thereafter be resumed; G. Conditional Use Provisions Not 5. When a nonconforming use of a Nonconforming Uses. Any use which is permitted as a structure,or structure and premises in combination, is conditional use in a district under the terms of this discontinued or abandoned for six consecutive months chapter (other than a change through Planning or for 18 months during any three-year period(except Commission action from a rionconficirming use to where government action impedes access to the another use not generally permitted in the district)shall premises), the structure or structure and premises in not be deemed a nonconforming use in such district,but combination, shall not thereafter be used except in shall be without further action considered a conforming conformity with the regulations of the district in which use. it is located; (Code 1991,§160.141;Code 1965,App.A,Art.4(7); 6. Where nonconforming use status Ord.No. 1747,6-29-70) applies to a structure and premises in combination, 'M_ removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction fi the purpose of this division is defined as damage to an 4 .N extent of more than 50% (or other figure) -of the M—Y1303" - g- replacement cost of time of destruction; rdebins _h""u', exriang �11 7. All outdoor advertising signs AMIMEMM (billboards)not conforming with the provisions of this op chapter shall be removed within the period prescribed by§174.06. (Code 1991,§160.139;Code 1965,App.A,Art.4(5) Ord.No. 1747,6-29-70;Ord.No. 1806,7-19-7 1;Ord. . ..... No.2126,7-15-75) u F. Repairs and Maintenance. uremen 1. On any nonconforming structure or portion of a structure containing a nonconforming (Code 1991, §160.42; Code 1965, App. A, Art. 5(8); use,work may be done in any period of 12 consecutive Ord.No. 1747, 6-29-70;Ord.No. 1891, 12-5-72) months on ordinary repairs,or on repair or replacement of non-bearing walls,fixtures,wiring,or plumbing,to an extent not exceeding 10%of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. 2. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe,or unlawful due to lack or repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical H:I USERSICOMMONiREPORTSIBOAPEPOR?"S 2002Wugust�smith—var02-19doc Board ofAdjustment August 5, 2002 VAR 02-19 Smith Page 2.9