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
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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
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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
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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
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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