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HomeMy WebLinkAbout2003-02-03 - Agendas 2/3/03 AD NEW 1/30/034� Page 1 2/3103 2X3.25 CITY OF FAYETTEVILLE AGENDA NOTICE BOARD OF ADJLJSTMEr% Monday,February 3,2003- 3 City Administration Building,Room"S126 113 West Mountain F Yettevie,Arkansas d0aftlL PUBLIC MEETING-OPEN TO ALL City of Fayetteville The following items will be considered Approval of minutes ftorn the menting Of January 6,2003 New BusineSs: VAR 03-2.00 Variance(Red Spot,LIJCI PP 599)was submitted by Engineering Corralling Services ch behalf of Red Spot,LLC for property located at 1348 Cato Springs Road. The property is zoned 1-1 Heavy Cornmercial/iLight Industrial and c tainsapproximately3.07acrw Th9reqdme,hi sideselleack.The request is for 10 Sid,S092ack(a 10'vanarce)for an addition to the existing structure. VAR 03-3.00;Verance(Days Inn,pp 290�was Submitted by Neal Hefner Construed n on behalf of Jay Surati of Days inn for proarty located t 2402 N. College Avenue, The PrOPSrtV is zoned C-2 Thoroughfare Commercial and contains approAmately 4.12 acres. The requirement Is for a 65'fro� setback on College. Th.req.w is for,28.75'eont setback(a 36.25'varl VAR 03-5-GO Variance(Mle,Rive,Hardwoods,AD 565)was submitted by Jim Key of Key Architecture on behalf of White River Hardwoods for Property located at 1197 S.Happy Hollow Road. The prdpery is zoned C-2,Thoroughfare Commercial and contains approximatelj 0.90 acres.The requmment is for a 50'fr0h sefleack from the Mosher Street Plan right-cf-way line and a 15'landscaped area adjacent to the fmnt property fine. The request is for a 38'kont setback(a 12'vanidn�)and no on (a 15'vertarce). The request is to instal the landscaping in the Street right-orwy, -site landscaping amendments and other pertinent data is open and available for ins,cmion I. A copy of the woposee At interested parties may appear and be heard at the public hearings 11 n the Office,Of City Planning (576-8264),City Administration Building 3 West Mountain Street.Fayetteolle,Arkansas All Intere,fed Parties am invited to review the petftion;. Interpreters crTDD for hearing impaired are avarladle for all public meetings 72 he r notice is required. For further information or to request an interpreter,Please call Hugh Farn;st at 575U8330. FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:479-575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment will be held Monday,February 3, 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 January 6,2003 New Business: 1. VAR 03-2.00: Variance(Red Spot,LLC,pp 599)was submitted by Engineering Consulting Services on behalf of Red Spot,LLC for property located at 1348 Cato Springs Road. The property is zoned 1-1,Heavy CommerciaL/Light Industrial and contains approximately 3.07 acres. The requirement is for a 10' side setback. The request is for a 0 side setback(a 10' variance)for an addition to the existing structure. 2. VAR 03-3.00: Variance (Days Inn,pp 290)was submitted by Neal Hefner Construction on behalf of Jay Surati of Days Inn for property located at 2402 N. College Avenue. The property is zoned C-2, Thoroughfare Commercial and contains approximately 4.12 acres. The requirement is for a 65' front setback on College. The request is for a 28.75'front setback(a 36.25' variance). 3. VAR 03-5.00: Variance(White River Hardwoods,pp 565)was submitted by Jim Key of Key Architecture on behalf of White River Hardwoods for property located at 1197 S. Happy Hollow Road. The property is zoned C-2,Thoroughfare Commercial and contains approximately 0.90 acres.The requirement is for a 50' front setback from the Master Street Plan right-of-way line and a 15' landscaped area adjacent to the front property,line. The request is for a 38' front setback(a 12' variance)and no on-site landscaping(a 15' variance). The request is to install the landscaping in the street right-of-way. 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 FAYETrEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Dawn T. Warrick,AlCP, Senior Planner THRU: Tim Conklin, AlCP, City Planner DATE: February 3, 2003 VAR 03-2.00: Variance (Red Spot,LLC,pp 599)was submitted by Engineering Consulting Services on behalf of Red Spot,LLC for property located at 1348 Cato Springs Road. The property is zoned I-1,Heavy Commercial/Light Industrial and contains approximately 3.07 acres. The requirement is for a 10' side setback. The request is for a 0 side setback(a 10' variance) for an addition to the existing structure. RECONEWENDATION: Staff recommends approval of the requested 101 side setback variance as shown on the attached site plan with the following conditions: 1. Prior to the issuance of a building permit for the proposed renovation and building expansion, the site shall be cleaned up to include the removal of scrap metal and debris as described in the written project proposal. 2. Portable boiler and associated equipment used in the off-loading of wax from rail cars will be moved into the renovated structure prior to the issuance of a certificate of occupancy for that building. 3. This variance applies only to the addition proposed in this application and shown on the associated site plan. Any other variances will require a new application and public hearing before the Board of Adjustment. Note: The granting of a variancefor the proposed structural expansion does not affect the uses permitted by zoning on the subjectproperty. Ordinance Requirement A licant's Request Side Setback(I-I y 10, 0' (A 10' variance) KAWORM003160A REPORTSI,27-3-031VAR03-2-RED SPOTDOC Board ofAdjustment February 3, 2003 VAR03-2RedSpot Page 1.1 Comments: BACKGROUND: Property Description: The project site is located on Cato Springs Road east of Razorback Road. An active rail line separates the site from a nearby residential neighborhood on the west. Mid- Continent Concrete is located to the east and warehousing for contract construction activities is to the north. There is a mix of different uses to the south including commercial,residential and City(water& sewer maintenance) facilities. Proposal: The applicant proposes to renovate and reuse the site as a facility for off-loading and storing paraffin wax. Many of the structures and pieces of equipment located on the site will be removed. The main structure, a receiving room with attached processing facility is proposed to be completely renovated. An addition of 360 s.f. is proposed in a location which will follow the existing building edge to the south. Request: The applicant is requesting a 10' variance of the required 10' side setback on the western property boundary. The adjacent property is a rail spur which the applicant wishes to access. Related Information: This is the site formerly occupied by Bakery Feeds, Inc. which was the subject of a nuisance law suit. As a result of the lawsuit,that business left Fayetteville. More recently the site was used as a storage location for Roll-Off Services. This business is no longer leasing the site and, according to the applicant's representative, is in the process of removing their containers and other related materials. SURROUNDING LAND USE AND ZONING Land Use Zoning North Warehousing I-1,He Commercial,Light Industrial South Mixed uses 1-1,Heavy Commercial, Light Industrial East Mid Continent Concrete I-1, Heavy Commercial,Light Industrial West RR,Residential 1-1 /R-2,Med. Density Residential GENERAL PLAN DESIGNATION Mixed Use 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 K-'V?EP0RYS12003W0-4 REPORTM-3-031VAR03-2-RED SPOTDOC Board ofAdjustment February 3, 2003 VAR03-2 Red Spot Page 1.2 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 and nature of the existing structures is unique. The proximity of the developed portion of this site to the adjacent rail road tracks is a unique circumstance. The proposed use of this property requires that the applicant have the ability to directly access the rail road tracks for the purpose of off-loading materials to be warehoused on the site. 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 zoning regulations would prevent the applicant from using the adjacent rail road tracks in a manner that allows efficient use of the existing structure. The ability of the applicant to access the tracks from within the structure will mitigate the impact of the activities on this site. Noise and possible wax spills will be contained within the structure if it can be renovated for use as an off-loading facility. The existing steam generated boiler will be relocated and activities involving this equipment will be moved into the structure if this variance is approved. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The applicant has purchased the site in its current condition. All structures and equipment on the site was existing prior to the current owner's purchase. 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 requested variance will not confer special privileges on this property. The zoning of this property restricts the permitted uses and will not be affected by the proposed variance. 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. K.,MPORTS120031BOA REPORYS12-3-031VAR03-2-RED SPOTDOC Board ofAdjustment February 3, 2003 VAR03-2 Red Spot Page 1.3 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 Monday,February 3, 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 make possible the reasonable use of the land, building, or structure. (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 of the variance will be in harmony with the general purpose and intent of zoning, and with recommended conditions will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (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 the granting of the variance. The variance is the minimum variance that will allow the proposed renovation,expansion and reuse of the existing structure. b. Conditions and Safeguards. In granting any variance,the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions for the granting of this variance in order to limit the variance only to the project under consideration at this time and to ensure that the appearance of the project site is brought up to a reasonable standard. K-'UZEPORTSU003IB0,4 REPOMV-3-03WAR03-2-RED SPOTDOC Board ofAdjustment Fehruary 3, 2003 VAR03-2RedSpot Page 1.4 C. No Variance Atlowed. 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 K.-W-PORTS120031BOA RFPORM-3-031VAR03-2-REDSPOTDOC Board ofAdjustment February 3, 2003 VAR03-2 Red Spot Page 1.5 §161.17 DISTRICT 1-1 HEAVY COMMERCIAL AND LIGHT INDUSTRIAL. 2. Uses Permissible on Appeal A. Purpose. The Heavy Commercial to the Plana ng Commission. District is designed primarily to accommodate Unit 2 City-Wide Uses by Conditional certain commercial and light industrial uses which Use Permit — are compatible with one another but are Unit 19 Commercial Recreation inappropriate in other commercial or industrial districts. The light industrial district is designed to Unit 20 Commercial Recreation-Large group together a wide range of industrial uses, Sites which do not produce objectionable environme influences in their operation and appearance. te Center for Collecting Recyclable regulations of this district are intended to provide a Materials degree of compatibility between uses permitted in this district and those in nearby residential districts. B.Uses. C. Bulk and Area Regulations/Setbacks. Setback lines shall meet 1. Permitted Uses. he following minimum requirements: Unit I City-Wide Uses by Right From Street R-O-W(when 50 ft. Unit 3 Public Protection and Utility adjoining A or R districts) Facilities. From Street R-O-W(when 25 ft. Unit 4 Cultural and Recreational adjoining C,I or P districts) Facilities Side(when adjoining A or R 50 ft. Unit.6 Agriculture districts) 1,09W MITAM Ift Unit 12 Offices, Studios and Related 51.1 Services Unit 13 Eating Places Rear(when adjoining C,I or P 10 ft. I districts) Unit 17 Trades and Services D. Height Regulations. There shall be Unit 18 Gas Service Stations and Drive-In no maximum height limits in I-I District,provided, Restaurants however, that any building which exceeds the height of 25 feet shall be set back from any MOW-% boundary line of any residential district a distance Unit 22 Manufacturing of one foot for each foot of height in excess of 25 feet. Unit 25 Professional Offices (Code 1991, §160.039; Code 1965, App. A, Art. 5(VIII);Ord.No. 1747,6-29-89;Ord.No.2351,6- 2-77;Ord.No.2430,3-21-78;Ord.No.2516,4-3- Wholesale Bulk Petroleum 79) Storage Facilities with Underground Storage Tanks KWEPOR7312003WOA REPORM-3-031VAR03-2-REDSPOTDOC Board ofAdjusiment February 3, 2003 VAR03-2RedSpot Page 1.6 U. Unit 21. Warehousing and Wholesale. 1. Description. Unit 21 includes warehousing, wholesaling and trucking of the type which is usually located to serve the central business district and is easily serviced by rail and highway transportation. 2. Included Uses. Warehouses Wholesale Establishments Trucking Establishments Building Material -Air Conditioning Establishments: -Building Materials -Electrical Supply -Glass -Heating Equipment -Lumber -Paint -Plumbing Supplies -Wallpaper FuelandIce -Bottled Gas Establishments: -Fuel Dealer -Fuel Oil -Ice House Ministorage Units Monument,Including Processing Vending Machines Amusement Park Service Establishments: --Disinfecting and Building Services Exterminating Services -Janitorial Service -Window Cleaning Service Board ofAdjustment February 3, 2003 KAREPORM70031BOA REPORYW-3-031VAR03-2 RED SPOTDOC VAR03-2RedSpot Page 1.7 Service Establishments: -Air Conditioning Contract -Building Construction Service Construction -Carpentry -Cesspool Cleaning -Concrete -Decorating -Electrical -Furnace Cleaning -Heating -Heavy Construction -Masonry -Oil Well Drilling mPainting -Paper Hanging -Plasten'ng -Plumbing -Roofing -Sheet Metal -Stonework Tile Setting -Water Well Drilling -Housing for Caretakers Board ofAdjustment K.V?EPOR7WO03180,4 RUORTW-3-031VAR03-2-RED SPOTDOC February 3, 2003 VAR03-2 Red Spot Page 1.8 9.14 Mixed Use Areas The areas indicated as mixed use on the future land use map are areas where residential,commercial,office,agricultural, and some industrial uses would be appropriate. Much of south Fayetteville is shown as a mixed use area because it is in need of redevelopment and can accominodate future development.Designation of mixed use areas will allow developers a great deal of flexibility in terms of uses,while City regulations will maintain standards for quality mixed development. This part of the plan recognizes that development is market driven and therefore doesn't attempt to designate specific future land uses within these areas. Mixed Use Areas: Guiding Policies 9.14.a Allow mixing of uses and integration of design through the planning process. Mixed Use Areas: Implementation Strategies Strategies specific to each mixed use area will need to be developed to properly manage and encourage mlxm" g of uses within these areas. 9.14.b Develop a planned unit development ordinance which allows mixing of uses and integration of design through the planning process. 9.14.c Continue to implement the overlay district. The Bypass Design Overlay District regulations should ensure that most of the areas along the 71 Bypass designated for mixed use develop into attractive developments which increase the value of nearby property and encourage further development. In thepast,strip development in the areas along heavily traveled(generally state)highways has been the common pattern. If Fayetteville is to retain its identify as a uniqueplace,strip development should he discouraged and office park,and shopping complex development should be encouraged. 9.14A Complete construction of the Razorback Road extension and the rail-trail to attract investment in the area bounded by U. S. 71 Bypass,6th Street,and U. S.71 Business. 9.14.e Implement the Corridors and Gateways Plan as fimding becomes available to farther improve the appearance of south Fayetteville. 9.141 Concurrently develop strategies with the University of Arkansas to encourage students to live in the area,perhaps providing densities sufficient to support public transit. This corridor should also be considered for pedestrian enhancement through future ISTEA,CDBG,and recreational grants. Board ofAdjustment K.-tREPORM003 IBOA PEPORYW-3-03 WAR03-2-RED SPOT.DOC February 3, 2003 VAR03-2 Red Spot Page 1.9 0 V% AT ENGINEERING CONSULTING SERVICESI INC. I V 524 North College Fayetteville, Arkansas 72701 (479)582-3274 January 2, 2003 Board of Adjustment Chairperson City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Mr. Chairperson: The following is a complete written description of the request for variance as requested by Item No. 3 in the application of variance form. Written Description: There are several structures located on the property as identified on the enclosed survey. Those structures and the intended use for those structures are identified in the table below. Structure Current Use Proposed Existing Proposed of Structure Modifications Square Square to Structure Feet Feet Garage Storage or None 3,205 3,205 Warehousing Office/Metal Scale House None 840 840 Building Overhead Storage Processing To Be 1,938 0 Bins Plant Storage Removed Concrete Block Storage To Be 521 0 Walls Removed Rail Unloading Dock To Be 709 0 Loading/Unloading Removed Shed Receiving Room Storage or None 5,000 5,000 Warehousing Processing Plant Processing To Be 5,840 16, and Dryer Shed Facilities Renovated Board ofAdjustment February 3, 2003 VAR 03-2 Red Spot Page 1.io As noted by the enclosed site plan and the table above, it is being proposed to remove all portions of the existing processing facility. It is also being proposed to renovate the existing processing plant structure such that the building may be used for warehousing and storage of materials. The building setback requirement for this site is 10 feet from the property line. The existing receiving room structure, the existing dryer shed and the existing rail loading/unloading shed are all constructed within this setback requirement. Under this project, a variance is being requested for the existing receiving room and the renovation of the processing plant with the other structures in question being removed. For the site as a whole, the existing buildings and structures total approximately 18,053 square feet. After removing the existing processing structures and renovating the processing plant building as proposed, the site will total approximately 15,245 square feet. The existing concrete slab that surrounds the buildings offers room for parking. However, parking spaces are not currently striped. The number of off-street parking required is eight spaces and nine are being proposed to be striped with this project. Board ofAdjustment February 3, 2003 VAR 03-2 Red Spot Page 1. ENGINEERING CONSULTING SERVICES, INC. ) if 524 Norffi College Fayetteville, Arkansas 72701' (479)582-3274 January 2, 2003 Board of Adjustment Chairperson City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Mr. Chairperson: The following is a letter that will address the variance criteria as requested by Item No. 7 in the application of variance form. a. Given the fact that this property is surrounded in its entirety by the existing railroad tracks, it is essential to have rail access. This is demonstrated by the evident structures that are currently in place. The structures not only encroach within the setback but even span across the property line in order to make full use of the rail spur. It is imperative to have offloading facilities adjacent to the spur such that full use of the rail access may be realized by the owner of the property. Therefore, special conditions and circumstances exist for this property that a variance should be granted to allow the existing receiving room and renovated processing facility to be within the building setback requirement. In addition, granting this variance will allow the owner to remove the existing processing facilities and renovate the existing plant such that it will no longer resemble a processing plant but instead will resemble a storage facility. b. Literal interpretation of this ordinance will deprive the property owner of the rights enjoyed by other properties with 1-1 zoning, rail access and existing structures constructed within the building setback requirement. c. The property was purchased on May 21, 2002. The purchase included the existing buildings and structures that encroach within the setback requirement. The request for variance is not a result of any action by the purchaser of the property. Board ofAdjustment February 3, 2003 VAR 03-2 Red Spot Page 1.12 d. Granting this variance will not confer the applicant any special privileges that are denied by other lands, structures or buildings within the same district. Instead, granting this variance will allow the owner to properly document and occupy the property as allowed by the 1-1 zoning ordinances. Board ofAdjustment February 3, 2003 VAR 03-2 Red Spot Page 1.13 09 A j It L Iry Board ofAdjustment Fehruary 3, 2003 VAR 03-2 Red Spot Page 1.14 RE ic 0 A Lj wo < : < > UZ— LLJ 'm WX Fz= U) W.'s Or LLI .1� z 02 Zw 0 a. w -iiim,Oz Z i:::;:::: ixw lw�0 10 wZ M- 0 t Z A LAti x MES —11 w ? Board of Adjustment February 3, 2003 VAR 03-2 Red Spot Page 1.15 VAR03-2.00 RED SPOT Close Up View ---------- R-2 .......... Bill ........... . ..... -- - --------- SUBJECT PROP RTY 4 - i 0 --T 1 R-2 it a El PI L T - ------------ Overview Legend Subject Property Boundary Master Street Plan VAR03-2-00 I-s-,Planning Area '��FreewsYlExPmsswaY r A,�- Overlay District Aliellaut,Principal Arterial U Streets ........Existing L. -1 CRY Limb .4w*.O,Minor Arterial Board ofAdjustment Planned Outside City %� Collector Fehruary 3, 2003 **%* Historic Collect" VAR 03-2 Red Spot 0 125 250 Soo 750 1,D01 Page 1.16 VAR03-2.00 One Mile View RED SPOT 441. A, A. Od- - 0 0 o IM, f—L'. o -3 o 77.nr if- o 1 o �7p 1;-76 o o.. A,. NV M o 4-0 o t -plg— 4 o ,E � 60 - 1 EMA�DR I.E. o A-11Y q 7�00� 7" 4 L .o ............... SUBJECT PROPERTY Jo "I WWT -------- 0 o i 161 �j j;rL A o o 1 1 -44_1.,,I_� �11,F i J-J tn o o Ji r o % % ... ..... % -4 o o f .......P�At- -R. D 7 X-I o REAT o tT—51*m o o I o I o -o8 f ll.: o o a I'M o o oo o.,,o 3 uo o Po Vol, U- ff o o ...... o. o o T7 i f i Overview Legend i Subject Property Bound'ary Master Street Plan VAR03-2.00 I'll-,Planning Area `D`� 4N* l0000 Streets 9.3 Overlay District I-- I City Limits 0 Outside City '411.0 HistodeCoR Board ofAdjustment February 3, 2003 0 0.1 0.2 0.4 0.6 C VAR 03-2 RedSpot Page 1.17 Board ofAdjustinent February 3, 2003 VAR03-2RedSpot Page 1.18 FAYETTEVILLE TBE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Dawn T. Warrick,AICP, Senior Planner THRU: Tim Conklin, AICP, City Planner DATE: February 3, 2003 VAR 03-3.00: Variance(Days Inn,pp 290)was submitted by Neal Hefner Construction on behalf of Jay Surati of Days Inn for property located at 2402 N. College Avenue. The property is zoned C-2, Thoroughfare Commercial and contains approximately 4.12 acres. The requirement is for a 65' front setback on College. The request is for a 28.75'front setback(a 36.25' variance). RECOMMENDATION: Staff recommends approval of the requested 36.25' setback variance as shown on the attached site plan with the following conditions: 1. Color rendered elevations shall be submitted with a building permit application for this project for a complete review of applicable Commercial Design Standards. 2. This variance shall only apply tothe proposed stairwell enclosure. Ordinanc Requirement Applicant's Request Front setback C-2 (Master 50' from MSP R/W (55' from 28.75' from exis - g on Street Plan principal arterial centerline is require)—65' property line(a 36-25 variance c1mr tj street) from front property line from the MSP re"emen Comments: BACKGROUND: Property Description: The subject property is located at the northeast comer of Township Road and College Ave. The existing development is a Days hin motel which is built in an L-shape surrounding the Suds car wash which fronts College Ave. Proposal: The applicant proposes to improve the existing motel by making changes to the fagade and enclosing an exterior stairwell at the northwest comer of the northernmost building. K.-TEPORTSL7003tBOA REPORTS�2-3-031VAR03-3—DAYSINN.DOC Board ofAdjusiment February 3,2003 VAR 03-3 Days Inn Page2.1 Request.- The existing structure at the north end of this site does not meet the minimum setback requirement for the C-2 zoning district. In this case,that setback is further extended to accommodate the additional 15' necessary for implementation of the City's adopted Master Street Plan. The applicant is requesting a 36.25' variance in order to enclose the exterior stairwell at the northwest comer of the property. All other proposed improvements with this project will comply with current setback requirements. SURROUNDING LAND USE AND ZONING Land Use Zoning North Commercial C-2, Thoroughfare Commercial South Butcher Block restaurant C-2, Thoroughfare Commercial East Residential R-3, High Density Residential & C-2 West Walgreen's - Commercial C-2, Thoroughfare Commercial 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 existing structure predated current setback and Master Street Plan requirements. The proposed improvements to the exterior of the motel are able to be accomplished for the entire structure except one exterior stairwell without needing variances of current city requirements. No heated living or use space will be added with this variance,the effect is aesthetic only. 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 the zoning regulations would permit the improvement of the entire project site with the exception of the K VZEPORTS12003160A REPORTSL?-3-031VAR03-3—DAYSIIVNDOC Board ofAdjustment February 3,2003 VAR 03-3 Days Inn Page 2.2 stairwell in question. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special conditions of the age of the existing structure and the City's adopted Master Street Plan are not the result of actions of the applicant. 4. No Special Privileges. That granting the variance requested will not conferon 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 zoning regulations. 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 Monday,February 3,2003. 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 make possible the reasonable use of the land,building, or structure. Finding: The reasons* set forth in the application justify the granting of the variance. The variance is the minimum variance that will make possible the proposed exterior improvements. (L) 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 K.MPORMOOMOA REPORM-3-031VAR03-3-DAYSINN.DOC Board ofAdjustment February 3,2003 VAR 03-3 Days Inn Page 2.3 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 will be in harmony with the general purpose and intent of zoning, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (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 the granting of the variance. The variance is the minimum variance that will make possible the proposed exterior improvements. b. Conditions and Safeguards. In granting any variance,the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions on the granting of this variance that will ensure compliance with Commercial Design Standards regulations and that will limit the application of the requested variance specifically to the proposal being considered at this time. 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 K.'V?EPORTSL?0031BOAREPORM-3-031VAR03-3 DAYSINN.DOC Board ofAdjustment February 3,2003 VAR 03-3 Days Inn Page 2.4 §161.14 DISTRICT C-2 THOROUGH-FARE COMMERCIAL. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities di rm Unit 21 Warehousing and Wholesale B.Uses. Unit 28 Center for Collecting Recyclable 1. Permitted Uses. Materials unit I City-Wide Uses by Right Sexually Oriented Business Unit 4 Cultural and Recreational Facilities C.Bulk and Area Regulations. Setback lines shall meet the foll imum requirements: Unit 12 Offices,Studios and Related Services ftq�e Offl, Unit 13 Eating Places From Side Property Line None LowqW%VMM- From Side Property Line 15 ft. ti� When Contiguous to a Unit 15 Neighborhood Shopping Goods Residential District Unit 16 Shopping Goods From Back Property Line 20 ft. Unit 17 Trades and Services D. Building Area. On any lot the area occupied by all buildings shall not exceed 60%of the Unit 18 Gasoline Service Stations and Drive- total area of such lot. In Restaurants Unit 19 Commercial Recreation E. Height Regulations.In District C-2 any building which exceeds the height of 20 feet shall be Unit 20 Commercial Recreation,Large Sites set back from any boundary line of any residential district a distance of one foot for each foot of height Outdoor Advertising in excess of 20 feet. No building shall exceed six Adult Live Entertainment Club or Bar stories or 75 feet in height. (Code 19511,§160.036;Code 1965,AWp.A,Art. 5(VI);Ord.No. 1747,6-29-89;Ord. o. 1833, 11-1- 2. Uses Permissible on Appeal to 7 1;Ord.No.2351,6-2-177; Ord.No.2603,2-19-80; the Planning Commission. Ord.No.4034,§§3,4,4-15-97) K*1REPORYWOOMOA REPORTSL?-3-031VAR03-3-D.4YSINN.DOC Board of,4djustment February 3,2003 VAR 03-3 Days Inn Page 2.5 ftom General Plan 2020 9.10 Community CommercialAreas Community. Commercial: Guiding Polides 9.10.a Provide centers that are accessible and compatible with adjacent residential development. 9.10.b Limit uses within community commercial areas to those that primarily serve residents of Fayetteville. Community Commercial: Implementation Strategies 9.10.c Define appropriate areas and the size of areas for community commercial districts and set standards for maximum floor areas and the type of uses allowed to discourage regional types of commercial uses from locating within these areas. General Plan 2020 establishes community commercial districts and limits the type and size of these commercial areas. This land use strategy should help reduce the number of trips generated by residents to the commercial develipmenisfor dafly needs as well aspromore community by having some smaller scale commercial areas accessible to pedestrians. 9.10A Develop commercial design standards to ensure compatibility with surrounding residential development. Parking lot standards requiring screening and landscaping ofparking lots were adopted by the City Council on February 21, 1995. Additional revisions to the zoning1development regulations will be required to ensure that sufficient buffers and screening are integrated into the overall design of the projectfor items such as utility equipment,outdoor storage,loading docks,and other similar items that are adjacent to residential development and visible to thepublia KAREPORM9003MA REPORYSV-3-031VAR03-3-DAYSINN.DOC Board ofAdjustment February 3,2003 VAR 03-3 Days Inn Page 2.6 ORDINANCENO. 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 WrFHIN_THE SMACK LINES. WHEREAS, master street planning is required to connect Fayetteville to other population centers and to provide for circulation within the community; and WHEREAS, new 6velopment 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 twisportation; and WHEREAS, the City of Fayetteville adopted a Master Street Plan in 1996 with Resolution No. 97-96; and WHEREAS, state statute §14-45418. 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 COUNCIEL OF THE CITY OF FAYtTTEVEUE,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 apalicayuldeveloper 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 properV line for such purpose of sad6ing 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. The required width of setbacks, landscaped areas, buffers, and all other setback and yard requirements shall be dimensionedfrom the established right-of-way setback line. 7he establishment of any new structure or other improvements within the right-of-way setback is prohibited. PASSED and APPROVED this the I"day of October,2002. APPROVED: By: ATTE.' D OODY,Mj4ay�or By: IWATAER WOODRUFT,Ci lerk Board ofAdjustment Februa)y 3,2003 VAR 03-3 Days Inn .Page 2.7 K"'REPORTS'2003180'4 REPORTS12-3-031VAR03-3—DAYSINN.DOC Board ofAdjustment February 3,2003 VAR 03-3 Days Inn Page 2.8 K-'LRFPORTSU0031BOA REPORM-3-031VAR03-3—DAYSINN.DOC Board ofAdjustment Fehruary 3,2003 VAR 03-3 Days Inn Page 2.9