Loading...
HomeMy WebLinkAbout2003-01-06 - Agendas FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Tele2hone:479-575-8264 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment will be held Monday, January 6, 2003, 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 December 2,2002 New Business: 1. VAR 03-1.00: Variance (Lucke,pp 252)was submitted by Mandy Bunch of EB Landworks, Inc. on behalf of Rebecca Lucke for property located at 2939 N. McKee Circle. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.47 acres. The requirement is for a 15' parking setback. The request is for a I O'parking setback on Appleby Road(a 5' 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 BOA Meeting of Jan. 6, 200 THE CITY OF FAYETTEVILLE,ARKA NSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Shelli Rushing,A.I.C.P., Associate Planner THRU: Tim Conklin,A.I.C.P., City Planner DATE: December 28, 2002 VAR 03-1.00: Variance(Lucke,pp 252)was submitted by Mandy Bunch of EB Landworks, Inc. on behalf of Rebecca Lucke for property located at 2939 N. McKee Circle. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.47 acres. The requirement is for a 15' parking setback. The request is for a 1 O'parking setback on Appleby Road (a 5' variance). RECOMMENDATION: Staff recommends approval of the requested 5' parking lot setback variance as shown on the attached site plan. Ordinance Requirement Applicant's Reguest Parking Setback 15' 10' (5' 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: BACKGROUND: Property Description: The subject property is a vacant lot located on the southwest comer of Appleby Road and McKee Circle. It is zoned C-2 Thoroughfare Commercial. The lot was created in 1993 as part of Hammond Plaza Subdivision. Proposal: The applicant is proposing to construct a 4,292 square foot office on the south side of the lot. There are 19 parking spaces proposed. The minimum required number of parking spaces is 14 and the maximum allowed is 19. The applicant is proposing two access drives, one on K:\Reperts\2003\I30AREP0RTS\VAR 03-1—Lucke.doc Board ofAdjustment January 6, 2003 VAR 03-1 Lucke Page LI Appleby Road and one on McKee Circle. Request: The applicant is requesting a 5' variance from the parking lot setback requirement. The requirement is a 15' parking lot setback and the applicant is requesting a 10'. Related Issues: On October 1, 2002, the City Council adopted ordinance number 4422 which requires developers to establish a right-of-way setback line based on the right-of-way requirements designated on the Master Street Plan. A copy of the ordinance is attached. Appleby Road is designated as a collector street on the Master Street Plan. A collector street requires 35' of right-of-way from center line. The current right-of-way of Appleby Road at this location is 30'. An additional 5' setback is required in order to meet the setback requirement for Appleby Road. The city did not have parking lot landscaping requirements or the 35' right-of-way requirement when this lot was platted. Additional landscaping will be provided at the northeast comer of the lot. SURROUNDING LAND USE AND ZONING Land Use Zoning North Commercial, Fiesta Square C-2, Thoroughfare Commercial South Office, Commercial C-2, Thoroughfare Commercial East Office, Commercial C-2, Thoroughhre Commercial West Religious institution R-2, Medium Density Residential GENERAL PLAN DESIGNATION Community Commercial FINDINGS: § 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1. Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: The lot was created in 1993 as part of Hammond Plaza Subdivision. The city did not have parking lot landscaping requirements or the 351 right-of-way requirement when this lot was platted. KAReporLs\2003\B0AREP0RTS\VAR 03-1—Lucke.dm Board ofAdjustment January 6, 2003 VAR 03-1 Lucke Page 1.2 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: The literal interpretation of the provisions of the zoning regulations will deprive the applicant of rights enjoyed by other properties under the terms of the zoning regulations. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special conditions of the property, it being platted prior to the landscape setback and the right-of-way dedication, 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 this variance will not confer on the applicant special privileges that are denied to other lands, structures and buildings in the same district. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No nonconforming use of neighboring lands, structures, or buildings were used in the review and findings of this variance request. § 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for January 6,2003. 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 KAReportA2003\BOA REPORTSWAR 03-1-Lacke.doe Board ofAdjustment January 6, 2003 VAR 03-1 Lucke Page 1.3 make possible the reasonable use of the land, building, or structure. Finding: The reasons set forth in the application justify granting the variance. The request is the minimum variance needed to make possible the reasonable use oftheland. (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 is in harmony with the general intent and purpose of Zoning, Chapters 160-165. (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 reasons set forth in the application justify granting the variance. The request is the minimum variance needed to make possible the reasonable use oftheland. 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: The variance shall only apply to the site plan submitted with the application. 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 permitted in the C-2 Thoroughfare Commercial zoning district. KAReperts\2003\BOA REPORTSWAR 03-1—Lucke.dm Board ofAdjustment January 6, 2003 VAR 03-1 Lucke Page 1.4 From Chapter 161 Zoning Regulations Fayetteville Unified Development Ordinance §161.14 DISTRICT C-2 THOROUGH-FARE From Street ROW 5_0 ft— COMMERCIAL. From Side Property Line None A. Purpose.The Thoroughfare Commercial From Side Property Line 15 ft District is designed especially to encourage the When Contiguous to a functional grouping of these commercial enterprises Residential District catering primarily to highway travelers. From Back Property Line 5—ft B.Uses. D. Building Area. On any lot the area 1. Permitted Uses. occupied by all buildings shall not exceed 60%of the Unit I City-Wide Uses by Right total area of such lot. E. Height Regulations.In District C-2 any Unit 4 Cultural and i�ecreational Facilities building which exceeds the height of 20 feet shall be set back from any boundary line of any residential Unit 12 Offices,Studios and Related Services district a distance of one foot for each foot of height Unit 13 Eating Places in excess of 20 feet. No building shall exceed six stories or 75 feet in height. Unit 14 Hotel,Motel and Amusement (Code 199 1, §160.036; Code 1965,App.A,Art. Facilities 5(VI);Ord.No. 1747,6-29-89;Ord.No. 1833, 11-1- Unit 15 Neighborhood Shopping Goods 71;Ord.No.2351,6-2-177;Ord.No.2603,2-19-80; Unit 16 Shopping Goods Ord.No.4034, §§3,4,4-15-97) Unit 17 Trades and Services 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 Plannin 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 C.Bulk and Area Regulations. Setback lines shall meet the following minimum requirements: K:%Reperts\2003\BOA REPORTSWAR 03-1—Lucke.dm Board of.4djustment January 6, 2003 V4R 03-1 Lucke Page L 5 From Chapter 166 Development Fayetteville Unified Development Ordinance §166.14 SITE DEVELOPMENT STANDARDS AND CONSTRUCTION AND APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES. C. Site Development Standards.The following site development standards shall apply when either new development or expansion of 25%of the existing building square footage occurs. 1. Landscaping. Landscaping is required as follows: a.Landscaping general provisions. (1).Land-scaping shall be provided which is sufficient to provide soil stability and suitable drainage, (2).Trees,shrubs, ground cover and grass shall be the primary source of landscaping and shall be placed and/or retained in such a manner as to reduce runoff. (3). The current property owner shall properly maintain all landscaping and shall replace any landscaping that dies or is damaged. (4).Native vegetation should be used when possible in order to minimize watering. (5).Land-scaping should attempt to incorporate existing on-site trees and shrubbery. (6).Providing outdoor spaces and places for people to gather is encouraged. b. Landscaping along front property lines. (11.Land-scaped are� required. hk -u FAil N, Entrance drives, exit drives and sidewalks are allowed to cross the 15 foot landscaped area provided the integrity of the landscaped area is maintained.Residential uses and zoning districts C-3 and C-4 shall be exempt from this requirement. KAReperts\2003\B0AREP0RTS\VAR 03-1—Lucke.dw Board of Adjustment January 6, 2003 VAR 03-i Lucke Page 1.6 APPLEBY ROAD 30' 29,FKO 35, EXISTING S *07'37"E L=80.. =51 9. AvrmrNT 9.86' 10, —— ————————— ———— -————— — PARRING 5MACK5 15' WA 50'FROM FUTURE F-O.W. lu r— — — — — — (CJZ tu IU PROPOSED [DIU) 0 1z 0 DENTAL OFFICE 01. 4,292 5F 13. 1 z L N87'37'02"W . . ............... 1.L5 0 LEGAL DESCRIPTION: LOT EIGHT(8), HAMMOND PLA:A,A 5LEDIVI51014 TO THE CITY Or FAYETTEVILLE, ARKAiNISAS, A5 PER 25.0' PLAT OF 5AID 5UBDIV15ION ON FILE IN THE OFFICE Of THE CIRCUIT CLERK AND Ex-orricio RE COFDf P Of WASHINGTON COUNTY, ARKAN5A5. SITE PLAN: t PROP05ED PARKING 5ETBACK VARIANCE EB LandWorks, Inc. LANDSCAPE ARCHITECTURE 30 30 GO 90 CIVIL ENrINEERING 758 Fowler Avenue Fayetteville, Arkansas 72701 Voice 479.444.7769 5cale 1 " 30' Fax 479.444.7793 Board ofAdjustment January 6, 2003 VAR 03-1 Lucke Pagel.7 113 LandWorks, Inc. 758 N. Fowler Avenue, Fayetteville, Arkansas 72701 phone 479.444.7769 fax 479.444.7793 December 20, 2002 To: Board of Adjustment City of Fayetteville RE: Proposed Dental Office - Dr. Rebecca F. Lucke Parking Setback Variance Fayetteville, Arkansas Legal Description: Lot 8 of Hammond Plaza Subdivision Prooect Description: Dr. Lucke proposes to construct a 4,292 sf dental office with nineteen parking stalls and necessary utilities on property located in the southwest quadrant of the intersection of McKee Circle and Appleby Road. The property is a commercial lot, zoned C-2, and is currently grassed. Until recently projects less than I Acre in size (non-large scale) have not been subject to Master Street Plan requirements. However, a new city ordinance requires that non-large scale projects adhere to setbacks from the future right-of-way as determined by the Master Street Plan. Therefore, by ordinance this project is required to have a 15' parking setback and a 50' building setback from the future right-of-way. The plan meets the required building setback, but does not meet the parking setback. If a 15' setback is enforced, parking will not possible on the north side of the building. Due to programming and architectural constraints, the handicap accessible stall is located on the north side of the building. Variance Request: Based on the above, the variance request is to reduce the required parking lot setback of 15' to 10' adjacent Appleby Road. Attachments: • Two sets of typed, mailing labels for adjacent property owners. • A copy of the plat with names of adjacent property owners and parcel numbers. • A site plan, and a letter to the Chair demonstrating the four criteria required by ordinance. Please feel free to contact me if you have any questions. Best Regards, Mandy R. Bunch, PE Board ofAdjustment January 6, 2003 VAR 03-1 Lucke Page 1.8 41B LandWork ? Inc. - 7S8 N. Fowler Avenue, Fayetteville, Arkansas 72701 phone 479.444.7769 fax 479.444.7793 December 20, 2002 To: Chair of Board of Adjustment City of Fayetteville RE: Proposed Dental Office - Dr. Rebecca F. Lucke Parking Setback Variance Fayetteville, Arkansas In accordance with the requirements for a variance request, I offer the following to address the criteria required by ordinance for the approval of a variance for your consideration: A. Special conditions and circumstances do exist which are peculiar to the land and proposed project which are not applIcable to other lands in this same district. This site is required to have two front setbacks since it is located at the intersection of two streets. B. That literal interpretation of the provisions of the parking lot setback ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district. Literal interpretation of the ordinance would not allow for the most efficient use of the property. C. The special conditions and circumstances have not resulted from the action of the applicant. The lot was platted before Dr. Lucke purchased the property and prior to the Master Street Plan identifying Appleby as a collector street. D. Granting this variance request will not confer any special privileges that are denied by ordinance to other lands in the same district. The proposed use is allowed in the C-2 zoning district. Respectfully Submitted: Mandy R. Bunch, PE EB LandWorks, Inc. Representative for Applicant Board ofAdjusonent January 6, 2003 VAR 03-1 Lucke Page 1.9 ORDINANCE NO..4422 AN ORDINANCE ESTABLISHING SETBACK LINES ON SUCH STREETS AND HIGHWAYS AS ARE DESIGNATED BY THE MASTER STREET PLAN AND PROHIBITING THE ESTABLISHMENT OF ANY NEW STRUCTURE OR OTHER IMPROVEMENTS WITHIN THE SETBACK LINES. WHEREAS, master street planning is required to connect Fayetteville to other population centers and to provide for circulation within the community; and V*`HEREAS, new development must be provided with proper street access to alleviate problems associated with congestion and safety by requiring streets in sufficient number and of adequate size to accommodate peak traffic volumes, pedestrians and alternative modes of transportation; and WHEREAS, the City of Fayetteville adopted a Master Street Plan in 1996 with Resolution No. 97-96; and WHEREAS, state statute §14-45-418. Setback ordinance provides enabling legislation that gives municipalities the power to establish setback lines according to an adopted master street plan; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVIELLE,ARKANSAS: Section 1. That§166.19 Master Sireet Plan Setbacks is hereby added to Chapter 166 Land Development as stated below: §166.19 MASTER STREET PLAN SETBACKS. The City shall require the applicantldeveloper to establish a right-of-way setback line based on the right-of-way requirements for streets and highways designated by the Master Street Plan. Such setback line shall be considered the property line for such purpose of sati6ing the requirements of the UDO. All building setbacks, required landscaping, parking lots, display areas, storage areas and other improvements and uses shall be located outside of such established setback area. Yhe required width ofsetbacks, landscaped areas, buffers, and all other setback and yard requirements shall be dimensioned from the established right-of-way setback line. The establishment of any new structure or other improvements within the right-of-way setback is prohibited. PASSED and APPROVED this the V day of October, 2002. APPROVED: By: D COOD ayor ATTES By:-ff%; I A'TRER WOODRUFF, Ci�/Clerk Board ofAdjustment January 6, 2003 VAR 03-1 Lucke Page 1.10 UR 03-1.00 Close Up View LUCKE EM EO IJILI.AGE DR L[.AGE DR 04 Ale- R-0 T-D NN.- Ax So A YRD A PLESY RD 5, 2 ij MIMOSA,, ES Q03 Ea Overview Legend Subject Property Boundary Master Street Plan VAR03-1.00 Planning Area 67�Freeway/Expressway LAST Overlay District Principal Arterial Streets ...�.o E)dsbng L--I City Limits 4�op MinDrArterial 1.0 Collector Planned 0.tsd.City loard ofAdjusonent 0*%* Historic Collector January 6, 2003 0 75 150 300 450 600 VAR 03-1 Lucke Feet Page 1.11 OWNS..ill mald WI IS VMS Z lils- -Ilk --i moll RUN IN a W-6 WW. im I�Rj BE Eva to M MN Ron 111111111 alloomin, .am loss IBM 12. mini10 11 MEN 11010i E W— INN OEM MEN. sic Ol JIM IM law " Ell won a.. ..... ....... allm MIEN I AGENDA FOR A MEETING OF THE BOARD OF SIGN APPEALS A meeting of the Board of Sign Appeals will be held Monday, January 6, 2003 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain Street,Fayetteville,Arkansas, 72701. The following item will be considered: New Business: 1. SNA 02-3.00: Sign Appeal(UARK BOWL LLC, pp 483) was submitted by Don Hunnicutt on behalf of UARK BOWL LLC for property located at 644 Dickson Street. The property is zoned C-3, Central Commercial. The requirement is a display surface of a projecting sign shall not exceed 16 square feet. The request is for a 76 square feet surface area(a 60 square feet variance). 2. SNA 03-1.00: Sign Appeal (Collier Drug Store,pp 484) was submitted by Herb Crumpton on behalf of Collier Drug Store for property located at 100 W. Dickson. The property is zoned C-3, Central Commercial. The requirement is for a 10' front sign setback. The request is for a 3' front sign setback(a 7' 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 Tfffi MY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain SL Fayetteville,AR 72701 Telephone:(479)575-8270 Community Resources & Code Compliance Division Correspondence TO: Fayetteville Board of Adjustment FROM: Don Hancock, Project Coordinator THRU: Yolanda Fields, CGFM, Director DATE: December 26, 2002 RECOMMENDATION: Staff recommends denial of the requested sign variance based on the findings included in this report. COMMENTS: The applicant is requesting a variance for a projecting sign. 1. The requested sign does not meet the definition of a projecting sign but meets some of the requirements of a projecting sign. a. The display surface area of a projecting sign shall not exceed 16 square feet. The applicant's sign has 64 square feet of display surface. b. A projecting sign shall not project over a sidewalk more than 2/3 of the width of the sidewalk. The existing sidewalk is seven feet wide the sign requested extends five feet over the sidewalk. 2. The requested sign meets the definition of a wall sign but does not meet the requirements. a. A wall sign is meant to be read parallel to the building. The applicant's sign will be viewed parallel to the building. b. The sign cannot project more than 18 inches from the wall. The applicant's sign projects 60 inches from the wall. 3. The requested sign meets the definition of a roof sign. a. The sign will be mounted to a parapet wall, making it a roof sign. b. Roof signs are prohibited except on appeal to the Board of Sign Appeals. FINDINGS: Unified Development Ordinance, Chapters 151 Definitions and 174 Signs PROJECTING SIGN Any sign that shall be affixed at an angle or perpendicular to the wall of any building in such a manner to read perpendicular or at an angle to the wall. WALL SIGN Any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. ROOF SIGNS Any sign wholly or erected, constructed or maintained on the roof structure or parapet wall of any building. Board ofSzgn Appeals January 6, 2003 SNA 02-3 UARK BOWL Page 1.1 §174.08 PROHIBITED SIGNS H. Roof Signs: Roof signs shall not be permitted except on appeal to the Board of Sign Appeals. §174.11 PROJECTING SIGNS A. Sidewalks: It shall be unlawful to erect @ny projecting sign that pro p —jects from the wall of a building Won which it is erected a distance of more than two-thirds of the width of the sidewalk (in those instances where there is a sidewalk next to the building) or within two feet of street right-of-way(in those instances where there is no sidewalk next to the building): provided, no projecting sign shall project more than six feet from the wall of the building upon which it is erected. B. Location: Projecting signs shall be located on the vertical surface of a building and shall not be hijzher than the eave or rafter line whichever is higher. Projecting signs shall clear grade level below the sign by a minimum of eight feet. C. Display surface area: The diMlay surface area of a projecting sign shall not exceed 16 square feet. Only one projecting sign per business shall be permitted and a projecting sign shall not be permitted on property which has a freestanding sign. §174.12 WALL SIGNS A. Projection: 1. General: Wall signs shall not project more than 18 inches from the surface upon which they area mounted. Board of SignAppeals January 6, 2003 SNA 02-3 UA RK BOWL Page 1.2 4.1 4-j Bo 0 > 0 Q) 0 0 Cd q 9 OP P.1 40 93 00 M t,,-1,1) 00 "1 0 o :3 0 u 4 0 FN 42 Board of Sig cs >, opea s Janlg', 2003 SNA 02-3 UARK BOWL ------ ---- 4. 12 q > 0 R z C-4 'n 00 q% tot S4 00 Ln r,co 0 '71 (d 0 Ln 0 Boardof Sfklg?�eal�,, SNA 02-3 UAkK BOWL .4 4� 0 00 % o o .00 0 to 00 Ch i �2 r�00 w 1:4 M,,,g 0 0 0 41 BoardofSig.n peals4 k.2003 SNA 02-3 UAPKBOWL E 644 'VV, DiCkson 12-27-02 h 14 I I J5,F -1 v �2 mg I JX --4 Z='— catl zrl� FAYETTEVILLE TBE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain SL Fayetteville,AR 72701 Telephone:(479)575-8270 Community Resources & Code Compliance Division Correspondence TO: Fayetteville Board of Adjustment FROM: Don Hancock, Project Coordinator THRU: Yolanda Fields, CGFM, Director DATE: December 26, 2002 RECOMMENDATION: Staff recommends denial of the requested sign variance based on the findings included in this report.. COMMENTS: The applicant is requesting a variance for the purpose of installing a monument sign. The requirement is for a minimum ten foot setback. Currently there is a nonconforming roof sign on the building. FINDINGS: • Unified Development Ordinance, Chapter 151 Definitions and Chapter 174 Signs • Ordinance#4226: An ordinance amending Chapters 15 1, Definitions and 174, Signs, The Code of Fayetteville,to define and provide for the regulation of monument signs. MONUMENT SIGN: A freestanding sign with a maximum height of six feet above the surrounding finish grade and whose entire base is in contact with and supported by the ground. FREESTANDING SIGN: A sign which is attached to or a part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall,not be attached to any building or any other structure whether portable or stationary ROOF SIGNS: Any sign wholly or erected, constructed or maintained, on the roof structure or parapet wall of any building. §174.06 NONCONFORMING SIGNS For the purpose of this section, a nonconforming sign shall be defined as a sign existing on or before January 19, 1973, which could not be built under the terms of this chapter or under the terms of Zoning, Chapter 160-165. §174.08 PROHIBITED SIGNS H. Roof Signs: Roof signs shall not be permitted except on appeal to the Board of Sign Appeal. §174.10 FREESTANDING SIGNS H. Monument Sign: A monument sign shall be set back a minimum of ten feet from the street right-of- and may be substituted for a freestanding sign permitted by NR4-.4 QfSign Appeal January 6,2003 SNA03-1 Collier Drug Page 2.1 City of Fayetteville Community Code Compliance APPLICATION FOR APPEAL TO THE BOARD OF SIGN APPEALS Applicant: Co(kv, Dz)r,�� kVP,(f w-'ye(?A 444-97.3-3 Address: ioo We-6-r DcK-5ot4- F V7AR--� Phone# 44-2-(c;Z�-Z- Location/address of sign appeal: I CO WeV'( d(CKSO�J - BAYEff�V(I(Elt AV-- Overlay District (Yes o<9 Zone Classification:_ Type of Sign, check one below: Wall—, Freestanding. Monument_#, Jomt 1131, Projectmg_, Area ID—, State the nature of the appeal (please be as explicit as possible): REPULjKING- A -1 Fb6l- VA-i2,(AN<ZC-0F= (0FCdV- Ser BACK 9-QqUUW=MeKTF PaZWl-of=5161A U=LO �5eT' 6ACK,�3 FcCi- FOCM RWR L(N eT C5126 AITA--� Total dimension of sign: Length X width equals area: If Freestanding, total height of sign: REQUIRED: For a freestanding or monument sign: Attach site plan, showing exact location and dimensions from street right-of- to edge of sign. For a w or projecting sign, indicate location on building only(pictur of ilding with locati �i ed) and a ny additional comments. Attach photograph or str n ro e i Signature of Applic Signature of owner: NOTE: A fee of$350.00 shall accompany each sign appeal. DO NOT WRITE BELOW THIS LINE Fee paid:_Date paid:_Receipt Nurnber:_Appeal Number State the sign ordinance for which variance is requested: Board of Sign Appeal . January 6, 2003 SNA03-1 Collier Drug Page 2.2 oz � N --5 big �9 - ape J FLU-SH R 4YIMIIW� E Pe -�Vlvmg I f -Accar rt�,,N 5 L�,e, J, 12 oNPWrr lard of Sit Appeal slilla 6, 2003 o� z Hz 0 m m x x z Ex 0 0 ;G), 7J Mm m m> m 75 -4 rx TX ............. fP (RAL 0) x �x, ril > K nz 'K, > Pn u T- "0 'U 04�OA4 > 2 "-<. - 01 ; i oard of Sig z Appeal x j u cy- danuat) 6, 2003 71 I>x > ��IXVA 03-1 ColNer Drug 'age 2.4 ni ni 1/06/03 AD 12/24/02 8:2 ii!i—m Page I y 1/06/03 2x4.75 NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE,THE FOLLOWING PETIONS HAVE BEEN SET FOR A HEARING BEFORE THE BOAF IN THE CITY ADMINISTRATION MOUNTAN STREET,ROOM 326 FAYETTEVILLE,ARKANSAS, ON MONDAY,JANUARY 6,2003:AT 3:45 RM. City of Faye Ile The followng items vAll be considered: Approval of minutes it=the meeting of December 2,2002 Nev,Business: VAR 03-1.00:Variance(Lucke,po 252)was submitted by Mandy Bunch of EB Lani Inc.on behalf of Rebecca Lucke for property located at 2939 N.McKee Circle.The property is mine C-2,Thoroughfare Commercial and contains approximately 0.47 acres. The requirement is for a IS'Parl,ing setback. The request is for a 1 0'paill setback on Appleby Road(a 5'varianoa). Al interested parties may appear and be heard at the public hearings. A copy of the proposed amendmens,and other pertinent data is open blind available for inspection in the Office of City Planning (575-8264),CityAchunistration Building,113Wect Mountain Steel,Fayessemile,Arkances.Alfirkere�decl bodies are invited to reveov the positions. Interpreters or TDD for hearing impaired am assallable for all public meetings. 72 hour notice is required. For further information or to request an Interpreter,please call Hugh Earnest at 575-8330. AGENDA FOR A MEETING OF THE BOARD OF SIGN APPEALS A meeting of the Boarcl of Sign Appears MI be held Monday,January 6,2003 at 3:45 p.m.in Room 326 of the City Adininstration Butting,113 W.Mountain Strush,Fayetteville,Arical 72701. The folowng tem Wil be considered: N.Business SNA 02-3,00:Sign Appeal(UARK BOWL ULC,pp 483) vas submitted by Don Hunnicutt on behalf of UARK BOWL LLC for prriperty located at 644 Dickson Street. The property is border 0 3,Central Commercial. The requirement is a display surface of a projecting sign shall not exceed 16 square fast. The request is for a 76 square fear surface arver(a 60 square fast variance), SNA-3-LOD:Sign Appeal(Collier Di Store,pp 484)vras submitted by Herb Crumptor on behalf of Collier Drug Store for property tocated at 100 W. Dickson. The prop" is coni C-3, Central Commercial. The requirement is for a 10'front sign setback. The request is for a 3'front sign setback (a Tvarrance). AJI interested itnities may appear and be heard at the public hearrigs. A copy of the proposed anandments and other perinent data is open md available for inspection in the Office of City Planning (575-82(A),City Administration Building,113Wesc Mountain Strad,Fayetto0ile,Arkansas At interested parties ans invited to revsat the petitions. Interpreters or TDD for hewing impaired we 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. GIVEN UNDER MY HAND THIS 23rd DAY OF DECEMBER 2002 Tim Carl Planning Director 113 W.Mountain Fayetteville,AR 72701 575 8264 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, THE FOLLOWING PETITIONS HAVE BEEN SET FOR A HEARING BEFORE THE BOARD OF ADJUSTMENT IN THE CITY ADMINISTRAT10N BUILDING, 113 WEST MOUNTAIN STREET, ROOM 326, FAYETTEVILLE,ARKANSAS, ON MONDAY, JANUARY 6, 2003, AT 3:45 P.M. The following items will be considered: Approval of minutes from the meeting of December 2,2002 New Business: VAR 03-1.00: Variance(Lucke,pp 252)was submitted by Mandy Bunch of EB Landworks, Inc. on behalf of Rebecca Lucke for property located at 2939 N. McKee Circle. The property is zone C-2, Thoroughfare Commercial and contains approximately 0.47 acres. The requirement is for a 15' parking setback. The request is for a 10'parking setback on Appleby Road(a 5' 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 fiirther information or to request an interpreter,please call Hugh Earnest at 575-8330. AGENDA FOR A MEETING OF THE BOARD OF SIGN APPEALS A meeting of the Board of Sign Appeals will be held Monday, January 6,2003 at 3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain Street,Fayetteville,Arkansas, 72701. The following item will be considered: New Business SNA 02-3.00: Sign Appeal (UARK BOWL LLC, pp 483) was submitted by Don Hunnicutt on behalf of UARK BOWL LLC for property located at 644 Dickson Street. The property is zoned C-3, Central Commercial. The requirement is a display surface of a projecting sign shall not exceed 16 square feet. The request is for a 76 square feet surface area(a 60 square feet variance). SNA-3-1.00: Sign Appeal(Collier Drug Store,pp 484)was submitted by Herb Crumpton on behalf of Collier Drug Store for property located at 100 W. Dickson. The property is zoned C-3, Central Commercial. The requirement is for a 10' front sign setback. The request is for a 3' front sign setback(a 7' 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. GIVEN UNDER MY HAND TIES 23rd DAY OF DECEMBER 2002 Tim Conklin Planning Director 113 W.Mountain Fayetteville,AR 72701 575-8264 **Please run this Notice of Public Hearing ad Sunday,DECEMBER 29,2002** PO#02-000037-001 Contact Janet with questions or comments at 575-8263,Thanks! ***Janet send to City council members&Neighborhood Associations 1/6/03 AGENDA NOTICE 12 3*0 2 9:39 AM Page I 1/6/03 AGENDA NOTICE 2X4.25 CITY OF FAYERrEVl--E AGENDA NOTICE BOARD OF ADJUSTMENT Monday,Junuao,6,2003- 3:45 P.M. City Administration Building,Room 326 113 Wast Mountain,Fayetneyl PUBUC MEEnNG-OPEN TO ALL The following items will be considered: City of Fayeftville Approval of minutes from the ireeling of Dereariber 2,2002 New Business- VAR 03-1.00:Variance(Lucke,pip 252)was submitted by Mandy Bunch of EB Landwarks,Inc.on behalf of Rebecca Lucke for property located W 2939 N. McKee Circle. The property is zoned C-2, Thoroughfare Commercial and contains approetimadely 0.47 acres. The requirement is for a 16'paking setback. The request is for a 10'parking setback on Appleby Read(a 5'yarance). At interested Peruse may appear and ae heard at the pubic hearings. A copy of the proposed amendments and other pertinent data is open and rayfflable for Inspection in the Office of City Planning (511-8264),CftyAdmini8tationBu�ldiog,113W�Mourla'nSt,,e,,F�y�.Vllo,���..Allinerested parties we invited to my.the pffiitions� IntemaAers or TOO for hearing impaired are available for all pub]c meetings. 72 hour notice is required. For further information or to request an interpreter,please cut Hugh Eannest at 575-8330. AGENDA FOR A MEE 1NG OF THE BOARD OF SIGN APPEALS A meeting of the Board of Sign Appeals will be held Monday January 6,2003 of 3:45 p.m.in Room 326 of the City Administration Building,113 W.Mountain Street,Fayefte,iflie,Arkansas,72701. The following Rem will be considered: New Business; SNA 02-3.00:Sign Appeal(JARK BOWL LLO,pp 4K)was subm ll by Dan Hunnicutt on behalf of UARK BOWL L-C for peeperty,located at 644 Dickson Street. The property is zoned C-3,Central Commercial. TRe requirement is a display surface of a projecting sign shall not eeceed 16 square faset. The request is for a 76 square feet surface was(a 60 square fact variance). SNA W-1.00:Sign Appeal(Collier Drug Store,top 484)was submitted by Herb Crompton on behalf of Collier Drug Store for property located! of 100 W. Dickson. The propery is zoned C-3, Central Commercial. The requrement is for a 10'ftont sign setback. The request is for a 3'frout sign setback atTvantarice). At interested parks may appear and be heard an the public hearings. A copy of the proposed amendments end other pertinent data is opm and ayalable for inspection In the Office of City Planning (675-826l ClyAdministration Building,11 3West Mountain Street,Fayeftevile,Arkansas.At interested loathes are inoted to rayfew the petibione. Interpreters or TOO for hearing Impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please anD Hugh Earnest of 575-&�30.