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Home My WebLink About2002-09-03 - Agendas NEWEST City of Fay 8/29/q4-,, 1�04 PM P.g. I CITY OF FAYETTEVILLE AGENDA NOTICE BOARD OFADJUSTIMENT Tuesday,September 3,2002- 3AS p.m. City Administration Building,Room 326 113 West Mountain Fayetteville,Arkansas PUBILIC MEEI-ING-OPEN TO ALL City of Fayetteville The following items will be considered: Approval of minutes from the meeting of August 5,2002 New Business; VM 02-23.00:Variance(Blackwell,pip�15)was submitted by At!&Marlon Blackwell for pm,perty located at 857 N.Woolsey Avenue. The property is zoned!R-1,Low Density Residential and contains approximately 0.20 some.The requirement is for a 20'row setback. The request:is for a 10'raw set- back(a 10'vararm). VAR 02-24.00:Vwance(NIcIde,pp 440)was submitted by Charles Nickle and Robert Nicide for prop. any located between Marvin Avenue and Betty Jo Drive scuth of Wedington Drive and contains appradunately 0.37 acres. The requirement is for 50'front setbacks an three sides. Therequest Is for a 45'frant building setback on the east and west sides(a 5'varwnce)and a Plandscape setback on the east side(an B'variance). ADM 02-31.00:Administrative Item(Appeal of City Planner's Interpretation)was submitted by Bob Hilt on behalf of J.C.&Aims Nickel[. The UDO does allow Use Unit 18(Gasolne Service Station and Drive-In Restaurants)in C-1.Neighborhood Commercial zoning.The City Planner has determined that the proposed use is automotive repair and service which is not included in Use Unit 18.The request is for a different interpretation of Use Unit 18 to allow automotive repair and service. All interested parties may apipear 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 Ad.finstration Building,113 West Mountain Streen,Fayeftille,Arkansas. All interested parties am invited to review the petitions. Interpreters or TOO for hearing knIpaired am available for all public meetings. 72 hour notice is required. For further infornamion or to request an interpreter please call Hugh Earnest at 575-833D. 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 Tuesday, September 3, 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 August 5,2002 New Business: 1. VAR 02-23.00: Variance (Blackwell, pp 445) was submitted by Ali & Marlon Blackwell for property located at 857 N. Woolsey Avenue. The property is zoned R-1, LowDensity Residential and contains approximately 0.20 acres. The requirement is for a 20' rear setback. The request is for a 10' rear setback(a 10' variance). 2. VAR 02-24.00: Variance (Nickle,pp 440)was submitted by Charles Nickle and Robert Nickle for property located between Marvin Avenue and Betty Jo Drive south of Wedington Drive and contains approximately 0.37 acres. The requirement is for 50' front setbacks on three sides. The request is for a 45' front building setback on the east and west sides (a 5' variance) and a 7' landscape setback on the east side (an 8' variance). 3. ADM 02-31.00: Administrative Item (Appeal of City Planner's Interpretation) was submitted by Bob Hill on behalf of J.C. & Alma Nickell. The UDO does allow Use Unit 18 (Gasoline Service Station and Drive-In Restaurants)in C-1,Neighborhood Commercial zoning. The City Planner has determined that the proposed use is automotive repair and service which is not included in Use Unit 18. The request is for a different interpretation of Use Unit 18 to allow automotive repair and service. 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: Shelli RusMng, A.I.C.P., Associate Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: September 3, 2002 VAR 02-23.00: Variance (Blackwell, pp 445) was submitted by Ati &Marlon Blackwell for property located at 857 N. Woolsey Avenue. The property is zoned R-1, Low Density Residential and contains approximately 0.20 acres. The requirement is for a 20' rear setback. The request is for a 10' rear setback(a 10' variance). RECOMMENDATION: Staff recommends approval of the requested 10' rear setback variance as shown on the attached site plan subject to the following conditions. 1. Engineering to approve the residential site plan. Ordina nee Requirement Applicant's Request Rear Setback 20' 10' (10' variance) 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: HIUSEP,SICOMMONIPLANNINGIREPORTSIBOAREPOR7S2002�SEPTEAMERIBL,4CKW,LL-VAR02-23DOC Board of Adjustment September 3, 2002 VAR02-23 Blackwell Page 1.1 BACKGROUND: Property Description. The subject property is located north of Wilson Park at 857 Woolsey Avenue. The property is approximately .20 acres with a trapezoid shape. It is a wooded lot with approximately 15 trees, including white oak,redbud,persimmon, hickory, althea and maple. A natural dry bed creek with a subsurface spring cuts diagonally across the site from the northeast comer to the southwest comer. The property is zoned R-1 Low Density Residential and General Plan 2020 designates it as residential. The property is in a single-family residential neighborhood. ProposaL The applicant proposes to build an 1,800 sq. ft. single-family residence at the northwest comer of the lot(see attached site plan). The proposed structure is L-shaped and will be placed over a portion of the dry bed creek to preserve the natural features of the site. In order to preserve as many trees as possible, the applicant intends to site the structure in a location that is within the required 20' rear setback. The applicant is requesting a 10' rear setback(10' variance)to allow the structure to be placed at this location. The proposal meets all other lot, yard and bulk requirements of the R-1 district. SURROUNDING LAND USE AND ZONING Land Use Zoning North Residential R-I Low Density Residential South Residential R-I Low Density Residential East Residential R-1 Low Density Residential West Residential R-I Low Density Residential GENERAL PLAN DESIGNATION Residential FINDINGS: § 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1. Special Conditions. That special conditions and circumstances exist which are 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 subject property has three special conditions that are peculiar to the land. First, it has a dry bed creek cutting diagonally through the property. Second, it is a wooded site and must be appropriately planned in order to HIUSERS�COMMO"LANNINGtREPORTSIBOAREPORTS20021SEPTEMBERtBL.4CKFELL-VAR02-23_Doc Board ofAdjustment September 3, 2002 VAR02-23 Blackwell Page 1.2 preserve as many trees as possible. The trees on the subject property include a 24" diameter white oak and a 12" diameter indigenous maple. Third,it is an odd trapezoidal shape. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: The literal interpretation of the provisions of the zoning regulation would deprive the applicant of rights enjoyed by other properties by reducing the ability to develop this site in a manner in keeping with its unique characteristics. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special conditions, including the dry bed creek, existing trees, and shape of the lot are not a result from the actions of the 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 result in special privileges to the property owner. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: Nonconforming uses were not considered during the review of this request. 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Tuesday, September 3,2002. H.-�USEP�9COMMOWL.4NNINGV?EPORYYBOAREPOR7S20021SEPTEMBERIBL,4CKWLL_VAR02-23DOC Board ofAdjustment September 3, 2002 VAR02-23 BlackweIl Page 1.3 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. (I.) Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: The granting of the variance is in harmony with the general purpose of the zoning ordinance and supports the City policy of tree protection and preservation. (2.) Reasons set forth in the application justify granting the variance, and that the variance is the minimum-variance that will make possible the reasonable use of the land, building, or structure. Finding: The applicants provide the reasons for requesting the variance as the unique circumstances of the property including the dry bed creek, the existing mature trees, and the unusual shape of the lot. These reasons are justifiable in granting the variance. The requested variance is the minimum amount necessary to make possible the construction of a single-family residential structure on the subject property while maintaining the existing mature trees. 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: Engineering to approve the residential site plan. 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: The applicant proposes to construct a single-family residence,Use Unit 26, which is allowed in the R-1 Low Density Residential district. The proposed use is consistent with General Plan 2020,which designates it as residential. H.'�USERMCOMMOMPLANNINGIREPORTSOOAPEPOR7S20021SEPTEMBERML4CKMELL-VAR02-23DOC Board ofAdjustment September 3, 2002 VAR02-23 Blackwell Page 1.4 From Chapter 161 Zoning Regulations suitable environments, as well as to protect existing Fayetteville Unified Development Ordinance development of these types. § 161.04 DISTRICT R-1: LOW B. Uses. DENSITY RESIDENTIAL. 1. Permitted Uses. de Uses by Right A. Purpose. The Low Density Residential �It Ci�L�Wi District is designed to permit and encourage the development of low density detached dwellings in 2. UsesPermissible on Appeal to the Planning Commissio Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities 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 D. Bulk and Area Regul tions. Single-Family Two-Family @ 80 ft. Minimum Width Lot Area ,$fiffib§�M 12,000 sq.ft. Minimum Land Area � 3=9E" 6,000 sq. ft. Per Dwelling Unit E. Yard Requirements(feet). FRONT SIDE YARD YARD 25 8 F. Building Area.On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. (Code 1991, §160.031) HIUSERSICOMMOWL.4NNINGMPORTfflBOAMEPORTS20021SEPTEAOERIBLACKWLL—V,IR02-23Doc Board ofAdjustment September 3, 2002 VAR02-23 Blackwell Page 1.5 lli7 721*1 t Vp w, za PUBLIC HEARING ME MR— v ,,,,g�f, iy f1c �;Y, xig, 4�4 z 777, t__ i ki-5 MARLON BLACKWELL a r c h i t e c t 100 W. CENTER SUITE 001 FAYETTEVILLE, ARKANSAS 72701 PH:(479) 973-9121 August 09,2002 To the Chair of the Board of Adjustment,City of Fayetteville, We are the new owners of Lot 12, the Wilson-Adams addition, at 857 N. Woolsey Ave., a trapezoidal .20 acre site,just north of Wilson Park in Fayetteville. This is a unique one of a kind site that has never been developed and, until recently, has always been part of the 229 Cleburn property adjacent to its west property line.The existing lot is distinguished by about (15) specimen trees(including white oak,redbud,persimmon,hickory,-althea,-and indigenous maple) and a dry bed creek (12' — 24' wide) with a subsurface spring that cuts diagonally across the site from the northeast comer to the southwest comer. Among the many trees, the preservation of a 24?'diameter white oak, the lot's largest tree, and a 1Z'diameter indigenous maple tree are of special concern to us. Our plan is to build an 1800 sq. ft. (approx.) single-family residence located primarily in the northwest comer of the lot that would preserve as many trees as possible and keep the natu ral flow and look of the creek.The proposed L-shaped building footprint would require building over only a small portion of the creek.The odd geometry of the site,the existing building setback requirements, especially the 20' rear setback,the location of the creek and the most prized trees makes the actual available building area very difficult to accommodate even a modest size structure without compromising the unique character of the lot.A literal interpretation of the existing setbacks would necessitate the removal of many of the trees and the covering over of much of the creek to allow for a normative structure.This is a circumstance we find difficult to accept. In an effort to allow for a more appropriate area to build within, that also keeps the existing natural amenities of the lot intact we are requesting a variance for the rear setback requirement of 20' to be changed to a 10' setback along the western property line. This change would provide us with the opportunity to maintain the natural beauty of the street and neighborhood and develop a modest house that is in keeping with the scale of the surrounding residential structures. We appreciate your consideration and attention to this request. Sincerely, 0/ "eol rMerya Blac ell Marlon lackwell Board ofAdjustment September 3, 2002 VAR02-23 Blackwell Page 1.8 Is 14 -4.444 4 It 4 4Q + da 6 4 4 ry 2� s- 01 1k, to Is ji OT it 4 r g 6 q q 0 �4 x 0 0 10 14 ;u(n 0z rc-: SOUTH rq -0 -0 00 X x x X ;0 in 02 Cs ...... CD 0 WOOLSEYS m M Board o(Adjustment BUCMELLSJ�M�er 3, 2002 ...=Wi4W92%;P Blackwell "'ON B1-ACKWELL. Page 1.9 a r c h . � I IWWCMEK Sul W PROPOSED SITE PLAN HOF* AR Z SCALE:1"=10'-Y' TEMPHONP. [Ml)9�9121 G clm�� Ikoll 011111M."."ME,11 R111 R I rev MIAMI m"Idell PAN on of Hill r-1 g aim I al wall Qw., 1j, NONE Ell fill II.—1 FA Ell am 'ME= �Nxl all Rod FA =I—incutig�s,oil I In OREN IM =11iiiiii NNW 11 pn�djg Al am ISO! 11ZIN . ........... Mi FF BENZ] a owl ggl ��k �silifiilfi� IR: WWII Ea.. —fin ........... an Ina all m M LMMMM: V oil NUNN R,-.Ell]Livlilj I -04- He gall K fill z W.ROU W—Wo.01; Ell; I'll oil ,lug:i. - —----------- EM Evil �s.— Oal Board ofAdjustment September 3, 2002 _3 Blackwell Page ].10 VAR02-23.00 BLACKWELL Close Up View WPM & PIKE SI ADAMS ST ADAMSSr Ell Cps 77 74 1 A Eff A CLEOURNST CHEN"..— HORN ST CLEBURNM SUBJECT PROPERTY 0 Nil., PROSPECT T PR PECTST PROSPE TST Z2 Hall Overview Legend Subject Property Boundary Master Street Plan VAR02-23.00 —�., Planning Area '5��Freeway/Expressway 9,003 Overlay District 4e�Principal Arterial Streets 4'�I�MinorArterial Existing City Limits A,— Collector Board ofAdjustment 11�41�Planned Outside City Historic Collector September 3, 2002 k4R02-23 BlackweI4,000 0 125 250 Soo Board ofAdjustment September 3, 2002 MR02-23 Black�wll Page 1.12 FAYETTEVILLE THE CITY OF FAYETTEVILLF,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Shelli Rushing,Associate Planner THRU: Tim Conklin,A.I.C.P., City Planner DATE: September 3, 2002 VAR 02-24.00: Variance(Nickle,pp 440)was submitted by Charles Nickle and Robert Nickle for property located between Marvin Avenue and Betty Jo Drive south of Wedington Drive and contains approximately 0.37 acres. The requirement is for 50' front setbacks on three sides. The request is for a 45' front building setback on the east and west sides (a 5' variance) and a 7' landscape setback on the east side (an 8' variance). RECOMMENDATION: Staff recommends approval of the 5' setback variance on Betty Jo Dr., approval of the 51 front setback variance along Marvin Ave., and approval of the 8' landscape setback variance along Marvin Ave. 1. Provide 24' drives between parking spaces and structure to allow for two-way I traffic flow. 2. Planning Commission and City Council approval of right-of-way setback reductions for Wedington Dr. and Betty Jo Dr. Ordinance Requirement Applicant's Request Front Setback (Marvin Ave.) 50' 45' (5' variance) Front Setback(Betty Jo Dr.) 50' 45' (5' variance) Landscape Setback(Marvin Ave) 15' 7' (8' variance) 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 IUSERSICOMMO"L.4NNINGV?EPORTSBOAREPORTS2002tSEPTEMBERWICKLE—V,4RO2-24DOC Board ofAdjustment September 3, 2002 VAR02-24 Nickle Page 2.1 BACKGROUND: Property Description. The subject property is located on Wedington Dr. west of 1-540 in Maple Terrace, Phase 1. The property is 16,360 sq. ft. and bounded by Betty Jo Dr. on the west,Marvin Ave. on the east and Wedington Dr. on the north. The property is zoned C-1 Neighborhood Commercial and General Plan 2020 designates it as community commercial The north, east and west adjacent properties are currently being used as commercial and are zoned as such. The adjacent property to the south is multifamily residential apartments.. Proposal. The applicant is the property owner who intends to sell the property to someone proposing to construct a 2,300 sq. ft. laundromat. Two 24' access drives are proposed: one on Betty Jo Dr. and one on Marvin Ave. The applicant is requesting a reduction in the front setback requirements for Betty Jo Dr. and Marvin Ave. and a reduction in the landscape setback in order to implement the proposed site plan (see attached site plan). Parking. The parking ratio for coin operated laundromats is 1 per 3 machines. The applicant proposes 42 machines,resulting in 14 parking spaces required. The proposed site plan shows 14 parking spaces. Street right-of-way. The proposed street right-of-way lines for Wedington Dr. and Betty Jo Dr. do not meet the requirements of the Master Street Plan. The applicant shall obtain approval from the Planning Commission and City Council to reduce the right-of-way dedication for these streets. The proposal dedicates 25' of right-of-way for Marvin Dr. (Local), which meets the requirements for a local street. Wedington Dr. is a Principal Arterial with 110' of right-of-way required; a 55' dedication from street center line. The applicant proposes approximately 40' of right-of-way dedication; 15' less than required. Betty Jo Dr. is a Collector with 70' of right-of-way required; a 35' dedication from street center line. The applicant proposes approximately 23' of right-of-way dedication; 12' less than required. SURROUNDING LAND USE AND ZONING Land Use Zoning North Commercial - Sonic restaurant and C-2 Thoroughfare Commercial vacant property South Residential -Apartments R-2 Medium Density Residential East Commercial - Car wash C-2 Thoroughfare Commercial West Commercial—Gas station C-1 Neighborhood Commercial GENERAL PLAN DESIGNATION Community Commercial H.-IUSEPSICOMMO"LANNIArGIREPORTS�BOAPEPORTS20021SEPTEMBERWICKLE-VAR02-24DOC Board ofAdjustment September 3, 2002 VAR02-24 Nickle 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 condition s 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 subject property has two unique conditions. First, it is small for a commercial lot with 0.37 acres. Second, it is bounded on three sides by streets,Wedington Dr. to the north,Betty Jo Dr. to the west and Marvin Ave. to the east. Zoning regulations for the C-1 zoning district require a 50' front setback from all street right-of-ways. These two conditions result in a significant reduction in the buildable area on an already small lot. 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: Literal interpretation of the provisions of these regulations would result in a significant reduction in the size of any structure proposed for this site and would limit its use as commercial property. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The unique circumstances of the subject property are not a result from the actions of the applicant. 4. No Special Privileges. That granting the variance requested will riot 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 to the applicant as applied to other structures, lands or buildings in the same district. H IUSERSICOMMO"L4NNINGIREPORYSWOAPEPORTS2002�SEPTEMBERWICKLE-VAR02-24,DOC Board ofAdjustment September 3, 2002 VAR02-24 Nickle Page 2.3 5., Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: Nonconforming uses were not considered during review of this request. § 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Tuesday, September 3,2002. 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. (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 variance will be in harmony with the general purpose and intent of the zoning ordinance. (2.) Reasons set forth in the application justify granting the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land,building, or structure. Finding: The application sets forth the reasons for the requested variance as the unique situation of having three street frontages. The applicant explains that typical corner lots are provided "relief' from the front setback requirements by only having to comply with side setback requirements (see attached memo),instead of rear setback requirements. These reasons justify granting the variance and these are the minimum variances to make possible the reasonable use of the land and proposed structure. H.�USERSICOMMOAVLANNINGIREPORTSWOAPEPOR7S2002�SEPTEAIBERWICKLE-VAR02-24,DOC Board of Adjustment September 3, 2002 VAR02-24 Nickle 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 zomng regulations. Finding: a) Planning Commission and City Council approval of right-of-way setback reductions for Wedington Dr. and Betty Jo Dr. b)Provide 24' drives between parking spaces and structure to allow for two- way traffic flow. 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: The use proposed is a Laundromat which fa-Us into Use Unit 15 Neighborhood Shopping Goods. This use unit is permitted use in C-1 Thoroughfare Commercial. The commercial use is consistent with General Plan 2020 which designates this area as community commercial. H.-IUSERSICOMMONPLANNING�REPORTSIBOAREPOR7S2002WEPTEMBERWICKLE-V,IR02-24E)OC Board ofAdjustment September 3, 2002 VAR02-24 Nickle Page 2.5 From Chapter 161 Zoning Regulations Fayetteville Unified Development Ordinance §161.13 DISTRICT C-I NEIGHBOR-HOOD COMMERCIAL. C. Bulk and Area Regulations/Setbacks. Setback lines shall meet the following minimum A.Purpose. The Neighborhood equirements: Commercial District is designed primarily to provide FR convenience goods and personal services for persons From Side Property Line None living in the surrounding residential areas. From Side Property Line When 10 ft. B.Uses. Contiguous to a Residential District 1. Permitted Uses. From Back Property Line 20 ft. unit I City-Wide Uses by Right Unit 12 Offices, Studios and Related Services Unit 13 Eating Places D. Building Area. On any lot the area occupied by all buildings shall not exceed 40%of the 0" MKIAN total area of such lot. Unit 18 Gasoline Service Stations and Drive- E. Height Regulations. There shall be no In Restaurants maximum height limits in C-1 District,provided, Unit 25 Professional Offices however,that any building which exceeds the height of ten feet shall be set back from any boundary line of 2. Uses Permissible on Appeal to any residential district a distance of one foot for each the Planning Commission. foot of height in excess of ten feet. Unit 2 City-wide Uses by Conditional Use (Code 199 1, §160.035;Code 1965,App.A,Art. Permit 5(V);Ord.No. 1747,6-29-89;Ord.No.2603,2-19- Unit 3 Public Protection and Utility 80) Facilities Unit 4 Cultural and Recreational Facilities H IUSERSICOMMOMPLANNINGIREPORTStBOAPEPOR7S2002UEPTEMBER�NICKLE—VAR02-24DOC Board ofAdjustment September 3, 2002 VAR02-24Nickle Page 2.6 From Chapter 166 Development Fayetteville Unified Development Ordinance §166.14 SITE DEVELOPMENT STANDARDS 7. 1-2 General Industrial AND CONSTRUCTION AND APPEARANCE DESIGN STANDARDS FOR COMMERCIAL S. P-1 Institutional STRUCTURES. 9. E-1 Extraction A. Purposes. 10.Any other zoning district when 1.To protect and enhance commercial,office, institutional and industrial uses Fayetteville's appearance, identity,and natural and are allowed as a conditional use. economic vitality. C. Site Development Standards.The 2.To address environmental following site development standards shall apply concerns which include,but are not limited to, soil when either new development or expansion of 25%of erosion,vegetation preservation,and drainage. the existing building.square footage occurs. 3. To protect and preserve the 1.Landscaping. Landscaping is scenic resources distributed throughout the City, required as follows: which have contributed greatly to its economic a.Landscaping general development,by attracting tourists,permanent and provisions. part-time residents,new industries,and cultural (1).Land-scaping facilities. shall be provided which is sufficient to provide soil stability and suitable drainage. 4.To preserve the quality of life and integrate the different zones and uses in a (2).Trees,shrubs, compatible manner. ground cover and grass shall be the primary source of landscaping and shall be placed and/or retained in 5.To address the issues of traffic, such a manner as to reduce runoff. safety and crime prevention. (3). The current property owner shall properly maintain all 6.To preserve property values of landscaping and shall replace any landscaping that surrounding property. dies or is damaged. (4).Native vegetation should be used when possible in order to 7.To provide good civic design minimize watering. and arrangement. (5).Land-scaping should attempt to incorporate existing on-site trees B. Zoning Districts. The standards set and shrubbery. forth herein shall apply in the following zoning (6).Providing districts,except as noted: outdoor spaces and places for people to gather is 1. R-O Residential Office encouraged. '91049 -111—h R 2.C-1 Neighborhood Commercial 3.C-2 Thoroughfare Commercial ilu �- WMQW 4. C-3 Central Commercial M'N 5. C4 Downtown 10 6. 1-1 Heavy Commercial and Light Industrial N�o H.-�USERSICOMMOMPLANNINGMPORTSOOAMEPORTS2002iSEPTEMBERWICKLE VAR02-24DOC Board ofAdjustment September 3, 2002 V41?02-24 Nickle Page 2.7 From Chapter 171 Streets and Sidewalks Fayetteville Unified Development Ordinance §171.03 STREET IMPROVEMENTS. A. When commercial,industrial or multi- family development takes place along any street which is not constructed according to the City's existing standards,the developer shall: 01 "'Oh, N 2. Install street paving,curbs, gutters and sidewalks necessary to bring the street into conformity with all existing city standards. The developer shall be required to bear that portion of the costs of said improvements which bears a rational nexus to the needs created by the development. B.The requirements of this section shall not apply where the development will not increase the amount of vehicular traffic on the abutting street. (Code 1991, §159.55;Code 1965,App.C.,Art.IV; §J;Ord.No.2935,8-2-83;Ord.No. 3302, 10-20-87) H IUSERSICOMMOWLANNINGIREPORYSOOAPEPORTS20021SEPTEMBERWICKLE-VAR02-24DOC Board ofAdjustinent Septemher 3, 2002 VAR02-24 Nickle Page 2.8 Site Photos—VAR 02-24 Nickle M From Betty Jo,looking east at site. From site,looking north across Wedington to Sonic and vacant property. H IUSERSICOMMOWLANNINGtREPORTSABOAREPORYS2002iSEPTEMBERWICKLE-VAR02-24DOC Board ofAdjustment September 3, 2002 VAR02-24 Nickle Page 2.9 U'i' -0. South of subject property looking at apartments. .... ....... From Betty Jo,looking west at gas station. H.*IUSERSICOMMOWLANNINGtREPORTSIBOAREPORTS2002�VEPTEAMERWICKLE VAR02-24DOC Board ofAdjustment September 3, 2002 VAR02-24 Nickle Page 2.10 August 16, 2002 Chairman Board of Adjustments City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Dear Mr. Chairman: This letter concerns our variance requests for Lot 1, Block 4, Maple Terrace Phase I; located on Wedington Drive just west of 1-540 in Fayetteville. We are currently owners of the lot which is bounded by Betty Jo on the west,Marvin on the east and Wedington Drive on the north. This is a small lot zoned C-I that has never been improved. An individual wants to construct a building for a laundry-mat on the property and has the lot under contract to purchase. The lot presents many challenges due to having street frontage on three sides and a large utility easement on the east side of the property. Also, ingress and egress for the property must be at the rear of the lot because neither the Arkansas Highway Department nor the City of Fayetteville would allow a curb cut on Wedington Drive. As you know the Highway Department and the City of Fayetteville have recently completed the expansion of Wedington Drive to five lanes in this area. As part of that widening project the Highway Department obtained some frontage from us. This taking added to the difficulty of building construction on the property. For your consideration the following four criteria are specifically addressed: I. Special conditions and circumstances exist which are peculiar,perhaps unique,to this site. This is a very unusual site due to having frontage on three sides, each requiring a 50 foot setback. In the case of normal comer lot because of having to meet two front setbacks the owner is allowed relief in that the remaining two sides are only required to meet,side setbacks (normal side setbacks for C-I zoning are zero). 2. Literal interpretation of setback provisions (50 feet on each street frontage)would allow only construction of a building unsuitable for the vast majority of commercial users; normal comer lots would enjoy the benefit (relief) of having two side setbacks (zero feet)thus allowing construction of typical structures. Also, because ingress and egress at the rear of the lot, along with circulation demands, limit the location of the building, rights commonly enjoyed by other properties in the same zoning district are not available to the applicant. 3. The applicants have taken no actions that have resulted in the special conditions and circumstances previously enumerated. Board ofAdjustment Septeinher 3, 2002 VAR02-24 Nickle Page 2.11 4. The granting of the requested variances will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same zoning district;rather the granting of the requested variances will allow the normal development of the property as a neighborhood service business. Thank you for considering this request. A4Cik Robert A.Nickle Charles R.Nickle Board ofAdjustment September 3, 2002 V4RO2-24 Nickle Page 2.12 v/vc o lq-lw�s I'de-5-r VA101,41V667 4A) IE WEDINGTON RD.(HWY 16) ------------ 102.03' IF 0 4 15, 61 14 3 1 2 Q rn, 14 .1 PROPOSED BUILDING i(D �22' (2300 S.F.) 50, 25'RkV 216 111w 140' AREA CALCULATIONS: LOT 16360 SQ. FT. BUILDING 2300 SQ.FT. PARKING 2390 SQ. FT. LANDSCAPING 4980 SQ. FT. 1'=4W 0 50 BUILDING SETBACKS: NORTH-56 FT. SOUTH -17 FT. LOT 1 MAPLE TERPAGE, EAST-45 FT. Svptemterl, TOM WEST-45 FT. FAYETTEVILLE, AR��SAS'e wwp @a USINFRASTRUSZRE,!�G. 702] :AUG:: logo OWN 1 W1 a- Vol! WIN— mail SAM M. CA It, [No gagan) X. Us HJim III g., A 111 ER fill Wig OEM MW M, MW 1111111111-wit liffillill mg Board ofAdjustment September 3, 2002 M VAR02-24 Nickle Page 2.14 VAR02-24.00 NICKLE Close Up View 0 0 0,2 1 0 SUBJECT PROPERTY 0 0 0 2,� MOT 0 0 0710 0 0 0 0 0 0 H-2 V 0 0 A-I 0 1 WE 0 MAR 0 2N 9 Overview Legend —SPC-V ;—hj IMVARM-24.0 ,,e, Cafle=r Buldm� —aidmq Nnclpal�dal mmftc.11�0, Z-in, P,8nn� k" j oard ofAdjustment -L, Septemher 3, 2002 -24 Nickle 0 75 150 300 450 600 VAR02 Feet Page 2.15