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HomeMy WebLinkAbout2003-03-03 - Agendas FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St Fayetteville,AR 72701 Tele2hone:479-575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment will be held Monday, March 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 meetings of January 6 and February 3,2003. New Business: 1. VAR 03-4.00 Variance(Wesley Foundation,pp 444)was submitted by Roger Boskus of Miller, Boskus,Lack Architects on behalf of Greg Taylor of the Wesley Foundation for property located at 730 W. Maple Street. The property is zoned R-3, High Density Residential and contains approximately 0.71 acres. The requirement is for a 25' setback from Leverett Street,the request is for a 14.25' setback(a 10.75' variance). The requirement is for a 28' setback on the north and east sides due to the height of the proposed structure, the request is for a 12' setback on the north (a 16' variance)and a 21' setback on the east(a 7' variance). Setback variances for proposed non- residential driveways on the north and cast are also proposed. The requirement is for a 12.5' setback from the property line,the request is for 0' setbacks(12.5' variances)on the north and east. 2. VAR 03-6.00: Variance(Corrigan,pp 446)was submitted by W. Cal Canfield on behalf of Ms. Jane Corrigan for property located at 320 E. Maple Street. The property is zoned R-1,Low Density Residential and contains approximately 0.20 acres. The requirement is for a 70' minimum lot with, a 30' front setback due to Master Street Plan requirements and an 8' side setback. The request is for a 50' lot width(a 20' variance), a 27.5' front setback(a 2.5' variance)and a 0' side setback(an 8' variance). 3. VAR 03-7.00: Variance(Tatum,pp 486)was submitted by Daryl Rantis on behalf of Chris& Missy Tatum for property located at 1134 Skyline Drive. The property is zoned R-1,Low Density Residential and contains approximately 0.28 acres. The requirement is for a 25' front setback and a 8' side setback. The request is for a 18' front setback for the existing single family home(a 7' variance)and a 16'6"front setback for a proposed carport(an 8'6"variance). The request is for a 4'6"side setback for the proposed carport(a 3'6"variance)and a 3'3"side setback for a proposed trash can enclosure(a 4'9"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(575-8267), 125 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 575-8330. FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Board of Adjustment FROM: Dawn T. Warrick, AlCP, Senior Planner THRU: Tim Conklin, AICP, City Planner DATE: March 3, 2003 VAR 03-4.00 Variance (Wesley Foundation, pp 444)was submitted by Roger Boskus of Miller,Boskus,Lack Architects on behalf of Greg Taylor of the Wesley Foundation for property located at 730 W. Maple Street. The property is zoned R-3,High Density Residential and contains approximately 0.71 acres. The requirement is for a 25' setback from Leverett Street,the request is for a 14.25' setback(a 10.751 variance). The requirement is for a 28' setback on the north and east sides due to the height of the, proposed structure,the request is for a 12' setback on the north (a 161 variance) and a 211 setback on the east(a 71 variance). Setback variances for proposed non-residential driveways on the north and east are also proposed. The requirement is for a 12.5' setback from the property line,the request is for 01 setbacks (12.5' variances) on the north and east. RECOMMENDATION: Staff recommends approval of the requested setback variances as shown on the attached site plan with the following conditions: I. Compliance with all conditions of the approved conditional use permit for the expansion of a religious facility in the R-3 zoning district. (Planning Commission approval 2/10/03). 2. Variances shall only apply to the current project under review. Variances for future additions or alterations will require new applications and public hearings before the Board of Adjustment. Comments: KAREPORTS120031BOA RFPORYS13-3-031VAR03-4-WESLEYDOC Board ofAdjustment March 3, 2003 VAR 03-4 Wesley Foundation Page 1.1 The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: BACKGROUND: Property Description: The subject property is located at the northeast comer of Leverett and Maple Streets. Proposal: The applicant proposes to develop a religious student facility and worship center for the Wesley Foundation. This organization currently occupies the site which contains two structures. The existing chapel of the cross, designed by architect Warren Seagraves, will remain. The other existing structure, currently used for activities and office function will be removed to provide room for the proposed 20,000 s.f. structure. The new facility will provide 16 parking spaces within the structure. Six employees will work at this location with hours of operation from 8:00 a.m. to 5:00 p.m. Monday through Friday. Worship services will be held in the evening hours with space being provided for approximately 600 students/occupants. Adjacent University parking lots are proposed to be shared to provide for the necessary parking for the facility. Request: The request is for approval of several variances needed to accommodate a proposed development for the Wesley Foundation on the subject property. The front setback adjacent to Leverett Ave. is proposed to be 10.75'. Much of the encroachment in to this setback area is an overhanging awning type structure that addresses the pedestrian scale of the street frontage and ties that side of the structure into the overall architectural design of the building. There is a major pedestrian entrance in this location and the overhang provides a sheltered entry for users. The proposed drive aisles at the east and north property lines will only be constructed if the University should prohibit the use of access through an adjacent parking lot for this development in the future. Those driveways will not be built unless they are necessary to access the parking that is being provided under to the new structure on the subject property. The increased setback requirements based on the height of the structure are necessary due to the size of the building and the way it is located on the site. By locating the tallest portion of the the building in the northeast comer,the architects were able to reduce the impact of such a huge mass of building at the street.edge(comer)making the building more pedestrian oriented and in scale with the existing chapel at the front of the site. Included with agenda materials for this item is a document provided by the Wesley Foundation which addresses the goals and objectives of the organization and the programming of this structure. KIREPORM003180A REPORTSt3-3-03iVAR03-4-WESLEEDOC Board ofAdjustment March 3, 2003 VAR 03-4 Wesley Foundation Page 1.2 Proposed structure Ordinance Requirement Applicant's Request Front setback(west) — 25' — 14.25' (a 10.75' variance) Side setback(north) 28' (8'+20' due to height) 12' (a 16' variance) Side setback(east) 28' (8'+20' due to height) 21' (a 7' variance) Proposed driveways Ordinance Requirement Applicant's Re nest North 12.5' 0' (a 12.5' variance) East 12.5' 0' (a 12.5' variance) SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North University parking lot R-3,HiyA Density Residential South University classroom buildings P-1, Institutional East University parking lot R-3,Hi&Density Residential West Sorority house R-3, High 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 desire of thc applicant to save an architecturally unique and important structure already existing on the site is one consideration that has driven the proposed design of this new structure. The condition of this site as a corner lot with increased setbacks along both street frontages as well as the surrounding development being related to the University of Arkansas are all special conditions that are unique to this property. This project was developed to meet the organizational needs and projected growth and activities of the property owner which is specialized and not likely to be duplicated elsewhere. KAZEPORM003WA REPORTS13-3-031VAR034-KESLEYDOC Board ofAdjustment March 3, 2003 VAR 03-4 Wesley Foundation Page 1.3 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 zoning regulations would not permit drive aisles or development of structures in the locations determined by the applicant to be necessary to accommodate the needs to the property owner. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The corner location and siting of the Chapel of the Cross as well as the nature of surrounding developments are not the results of 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 requested variances will not confer on the applicant any special privileges. The approved conditional use permit, granted by the Planning Commission allows the use of this property for a religious facility. 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, March 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 K.'IP"OR7"SQ003WO,4 REPORUU-3-031VAR034-WESLEYDOC Board ofAdjustment March 3, 2003 VAR 03-4 Wesley Foundation Page 1.4 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. (L) Harmony with General Purpose. The Board of Adjustment shall fiKffier make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting the requested variances will be in harmony with the general purpose and intent of zoning regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The subject property is currently used in the same manner,this proposal will expand the existing use of the site. Surrounding properties are all associated with the University of Arkansas as is the subject property. The use which is already established on this site addresses the needs of the University community. (2.) Reasons set forth in the application justify granting the variance, and that the� variance is the minimum variance that will make possible the reasonable use of the land, building,or structure. Finding: Reasons set forth in the application justify granting the variance. The variances requested are the minimum variances.necessary to build the proposed development. 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 and the Planning Commission have placed conditions on this proposed project which should ensure that the development is compatible with surrounding uses and that the project is built according to elevations and project plans submitted for review with this 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: N/A KIREPOMW003160A REPORYSL3-3-031VAJ?034-$ESLEY.DOC Board ofAdjustment March 3, 2003 VAR 03-4 Wesley Foundation Page 1.5 CHAPTER 171: STREETS AND SIDEWALKS §171.13 SIDEWALK AND DRIVEWAY SPECIFICATIONS. R. Driveway Approaches. (See:Illustration, Standard Driveway Approach Residential). 7. Safety Zones. Safety zones between driveway approaches shall not be less than the distance designated for distances between curb cuts in the standards for street design. On streets of higher use designation than collector,the standards for collector streets shall apply. Curbs shall be installed to prohibit vehicle parking and access in safety zones. The barrier line nearest the street or highway shall be on line with existing curbs,or established curb lines, but not less than 22 feet from the center of the pavement;provided the city official does not require a greater distance when needed to preserve the safety and utility of the street or highway or provide conformance wit4proposed street or highway improvements. Twoiim-606 w2av, Ag-- ol.tsbe een driveway approaches on single-family residential lots sh be separated by a minimum of 10 feet. The curb cut for a driveway approach on a single-family residential lot shall be located a minimum of 5 feet from the side property line;provided,this requirement shall not apply to ajoint driveway(driveway approach providing access to two adjoining lots),or residential lots on the turning circle of a cul-de-sac. 8. Safety Zones at Intersections and Corners. No driveway approach shall be constructed less than the distance from the comer of a street or highway intersection designated in the standards for street design,provided the city official may require a greater distance between the comer and the driveway approach to preserve the safety of the street or highway;provided further the City may require the property owner to designate a driveway approach "for entrance only"or"for exit only"where more than one driveway approach provides access to the property in order to preserve the safety of the street or highway. On streets of a higher use designation than collector,the standards for distances between curb cuts for collector streets shall apply. 9. Variations. The city official may grant variations where strict enforcement would be impractical due to circumstances unique to the individual property under consideration. KAREPORTSL70031BOA RFPORTSt3-3-031VAR03-4-WSLEYDOC Board ofAdjustment March 3, 2003 VAR 03-4 Wesley Foundation Page 1.6 §161.07 DISTRICT R-3 HIGH DENSITY RESIDENTIAL Lot Width Mobile Home Park 100 ft. Minimum: A. Purpose. The High Density Residential Three or Mor—e 90 ft. District is designated to protect existing high density multifamily development and to encourage additional Professional Offices 100 ft.. development of this type where it is desirable. Lot Area Mobile Home Park 3 acres — B.Uses. 1. Permitted Uses. Minimum: Lot Within a Mobile- 4200 sq. Unit I City-Wide Uses by Right Home Park ft. Unit 8 Single-Family Dwellings and Row Houses: Two-Family Dwellings Development 10,000 unit 9 Multi-Family Dwellings/Medium sq.ft. Density Individual Lot 2500 Unit 10 Multifamily Dwellings-High sq.ft Density Single Family 6000 sq. 2. Uses Permissible on Appeal to ft the Planning Commission. Two Family 650 sq. Unit 2 'City-Wide Uses by Conditional Use ft Permit Three or More 8000 sq. Unit 3 Public Protection and Utility ft Facilities _tFraternity or Sc rority I acre &XIA Professional Mobile Home Park Offices I acre Professional Offices Land Area Per Mobile Home 3000 sq.ft. Dwelling Unit: C. DensitV. Row Houses& Apartments: Families Per Acre 16 to 40 Two or More 1200 sq.ft. D.Bulk and Area Regulations. Bedrooms Lot Width Mobile Home Park 100 ft. One Bedroom 1000 sq.ft. Minimum: 1000 Lot Within a Mobile 50 ft. No Bedroom sq.ft. Home Park Fraternity or 500 sq.ft., One Family 60 ft. Sorority per Two Family 60 ft. resident K-'1RF-P0R=003W0A REPORTSi3-3-03IV4RO3-4-WESLEY.DOC Board ofAdjustment March 3, 2003 VAR 03-4 Wesley Foundation Page 1.7 E.Yard quirements(feet). REAR YARD 20 Cross Reference: Variance,Chapter 156. vagh (Code 199 1,§160.034;Code 1965,App.A,Art.5(IV); Ord.No. 1747,6-29-89;Ord.No.2320,4-5-77; Ord. No.2700,2-2-81) K IREPORM003WOA RLPORTS13-3-031VAR03-4-WESLEY.DOC Board ofAdjustment March 3, 2003 VAR 03-4 Wesley Foundation Page 1.8 Wesley Foundation, University of Arkansas How our Ministry Vision and New Physical Plant Come Together Our Vision — Wesley Foundation at the University of Arkansas seeks to give every student at the University of Arkansas the opportunity to live a transformed life through Jesus Christ. Through worship, small groups, leadership development and missions, Wesley Foundation develops depth of character and breadth of witness in students, equipping them to impact the campus,the community,the church and the world for Jesus Christ. Our Mission — God calls those who follow him to have heads that think, hearts that love, and hands that serve. Wesley Foundation at the University of Arkansas is a community of students who are open to the possibilities of what God can do in their lives. Journeying and discovering together, we connect head,heart, and hand as we follow Jesus Christ. Our Values— Wesley Foundation at the University of Arkansas believes that I. Salvation is for all. 2. Salvation is received through faith in Jesus Christ alone. 3. Jesus Christ is both Lord and Savior. 4. The Bible is God's authoritative truth revealed in written form and contains all that we need for Christian belief and life. 5. Every person is a unique creation of God and is of infinite and sacred worth. 6. Students have unlimited potential for God. 7. Community is highly valued. God reveals himself through the context of relationships. 8. Excellence is promoted in all our endeavors. Board ofAdjustment March 3, 2003 Wesley Foundation ministry and Facilities, I V4R 03-4 Wesley Foundation Page 1.9 VISION OF MINISTRY Worship (Brea������ Weekly large group worship and teaching for ROO—in Current student t—tendance on one setting on Tuesday nights (7:00 p.m.) Tuesday night 100 in the Computer system and projection system dedicated for ckaTel. — multimedia use Drama.ministry on platform Professional lighting system Video projection system Hi-tech sound system 6-10 person on platform band 6 additional singers (on platform) Leadership and Discipleship Development Weekly, monthly on-going leadership/discipleship training for students and volunteers Leadership/Discipleship training events­a�d—seminars for students and volunteers Meeting space and set up for 200+leaders, effective Current space set-iip to—handle instructional environment with multimedia 50. presentation capability(e.g.,round tables, comfortable chairs, etc.) Leadership and Discipleship Library for students Board ofAdjustment March 3, 2003 Wesley Foundation Ministry and Facilities,2 VAR 03-4 Wesley Foundation Page 1.10 Small Groups Ministry (Discipleship) Small groups meet off-site in dorms,homes, and �partments. Leaders meet regularly at Wesley for training(see Leadership/Discipleship Development above) Small Group Banquet for all Currently set up to Small Group members (400 handle 100 students on-site) Staff and Administration Full time Executive Director(office) Current Full time Director of Student Ministries Current— (office) Full time Diredor of—Development and —Cu—rrent Church Relations(office) Part Time to full time Director of Current Administration(office) Part Time to full time Director of Current Recreation and Outdoor Ministry Part time to full-time director of Current missions(office) 4 full time intems(cubicals) — Current Part-time to full time staff person Current worship and music(cubicals) Full time Director of Small Group ——T�ro—jected Ministry(office) Part-time or full-time associate dWe—ctor —�r—ojected of counseling(office) Part-time staff person for drama/video Projected ministry production(cubicals) Part-time to full time staff person for -TTo—jected maintenance,secMILW,custodial care. Staff lounge area Pro'ected Board members with meetin room D-'--.-A Total current staff/administration 8 1 Total projected staffladministration 14 Board ofAdjustment March 3, 2003 Wesley Foundation Ministry and Facilities,3 VAR 03-4 Wesley Foundation Page LI I Social/Fellowship Various events: Movie nights, sporting events gatherings, game nights, student breakfasts,banquets for 25-400. Concerts for 600 in the evenings Graduate Banquets in the eveming Study space, student dedicated computer lab Recreational space_(rec room) Catering kitchen facilities to handle sewr–a—I hundred meals. "Coffee house"with full se-�icecoffee�bar Serving capacity for 70 to serve the UA community Music Ministry • Twice a week rehearsals with Breakaway Band(s) • Once a week rehearsals with Breakaway Singers • Rehearsal room for Singers with space for risers • *Part-time to full time staff person for worship and music • Secured storage for sound equipment Drama/Video Ministry 0 Drama ministry at Breakaway o Dramatic productions 0 On-site, hi-tech, computerized video editing and projection 0 *Part-time staff person for drama/video ministry production Maintenance • Storage for equipment(lawn and building) • Work and supplies room • *Part-time to full time staff person for maintenance, security, custodial care. Recreational • Ping-pong,pool,basketball,volleyball for IntraWesley recreational teams • Off-site: intramural sports Board ofAdjustment March 3, 2003 Wesley Foundation Ministry and Facilities,4 VAR 03-4 Wesley Foundation Page 1.12 Conferences • Missions Conferences (on-site)for weekend seminars • National campus ministry training center for weekend seminars • Campus Ministry Conferences (on-site)for weekend seminars • Pre-marital and marriage conferences (on-site) for weekend seminars • Special Events conferences for the university and the community(on-site) Board ofAdjustment March 3, 2003 Wesley Foundation Ministry and Facilities,5 VAR 03-4 Wesley Foundation Page 1.13 Miller 0 Boskus Lack Architects, P.A January 20, 2003 City of Fayetteville Planning Department Administration Building 101 W. Mountain Street Fayetteville, AR 72701 To the Chair of the Board of Adjustment: Please find attached an application for a variance for a new facility, which is proposed to be built on the Wesley Foundation site, which is on the corner of Maple and Leverett Streets. The proposed facility will be a religious student center and worship facility.The new facilities will be approximately 20,000 S.F. and will occupy the entire site.There is currently an existing building on the site, which is historically significant.The existing chaple of the cross designed by Warren Seagraves will be saved.The new structure has been situated on the site a�jacent to two sides of the existing chapel.. The criteria outlined in the variance application is met as follows: A B,C, &D.The spatial requirements of the Wesley Foundation's ministry has grown and their existing facilities are not adequate.Anew 600 Seat worship center is desired for Tuesday services and a series of � recreation spaces for student use is desired' All of theses spaces are best situated on the main level of the facilities for ease of student access and for emergency egress.Other spaces like mechanical,offices,and parking have been located on other floors within the new facilities.The building is on a comer lot, which requires a 25'setback from Leverette and Maple Street.The setback from Maple Street will be met but the limited area on the site and the preservation of the existing chapel of the cross has resulted in our need for a variance on the Leverett street setbacks.We also wish to pursue a side setback driveway variance for future construction of access driveway's to the covered parking area.This district is essentially the university campus.The University of Arkansas surrounds the site.The area is largely a pedestrian environment with a University of Arkansas bus stop located across the street. The new facility will provide J 6 parking spaces for staff.The Wesley foundation needs approximately 8 spaces.The), have 6 employees.Worship services will be held in the evening hours and there are University of Arkansas parking lots to the north and to the East of the Wesley site.They curr4ntly use this parking as needed.These lots are unrestricted between the hours of 5:00PM to 7:OOAM. Thank you for your consideration of our request. Sincerely, Roger A. Boskus,AIA "goo 540OGreathouse Springs Road, Spring -dal n s a s 72762 H83 �*30 VAR 03-4 Wes Foundation Phone: 479.443.7121 phil@mbl-arch.com F V144Pa7gA914 FEB-25-2003 16:3? MILLER, BOSKUS, LACK 501 443 7139 P.02/02 Miller Boskus Lack Architects, P.A February 14,2003 City of Fayetteville Planning Department Administration Building 101 W. Mountain Street Fayetteville,AR 72701 Dear Ms.Warrick: This letter is in response to some of the questions you had regarding to the Wesley foundation project and the requested variances. The owner's pro.-ram requires that the majority of the student spaces be on the main level.Our intent is to create a pedestrian friendly building that is built to the edges of the site.The building will define the street and the corner with the confionation shown in the site plan.The m3jority of the required setback variance at Leverett Street is a result of the canopies that project out from the building toward the street.We are requesting a 10'-9"variance from the required twenty-five foot setback.The building is configured on the site to place the larger scale elements away from Leverett and Maple Streets.The building height steps down toward thew streets and the canopies add another level of scale at the SLr&CL. The tallest building element is the new worship center.The 600-seat worship center has been located on the northeast corner of the site,This corner of the site is a low point and it enables us to conceal the mass of this space within the topography and the new facilities.The height of the building at the northeast corner is 40 feet.The building is 21* from the cast property line and 12' from the north property line.An 8'setback is required from each of these property lines.An additional provision in the city ordinance requires an additional one foot of setback for each foot over 20' in hci.-ht;therefore,a 28'setback is required.We are requesting a 7' variance from the east property line and a 16' variance from the north property line. A new covered parking area is located under the worship center.We have obtained permission from the University of Arkansas to connect to their parking lot on the east side of the new facility.This connection will allow access to the underground parking facility.The agreement with the University of Arkansas states that they cart block our in.-Tess and egress to the east parking lot at any time.In the event this happens we will be required to construct ingress and egress driveways on the site as shown on the site plan.These driveways would be one way and will be located between the building and the property line.The city ordinance requires a 5'setback from the property line for driveways and parking lots.We are requesting a waiver for this requirernent. Thank you for your consideration of our request. SincCrel Roger A. Boskus,AIA 540OGreathouse Springs Road. Springdole, Ark0AAAhq31320J32762 Phone: 479.443.7121 roger@mbl-orch.COM VAR 03-5AM'sJ4 Page 1.15 TOTAL P.02 W TO "INT, MT�,g7 00 M� r'll 1 2 11 [j, I Wl"'Im �PJ Jr Ld 1 .-A i j i I I L h0f z 0 i-jz wo LU CO CD cD NIN L4 00 Board ofAdjustment March 3, 2003 VAR 03-4 Wesley Foundation Page 1.17 ................... if ........... A ........... TIV 0 PIZ .......... 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March 3, 2003 _EEK=:=====�6esVAR 4 Wesley Foundation 01- Page 1.23 _J Board ofAdjustment March 3, 2003 VAR 03-4 Wesley Foundation Page 1.24 FAYETTEVILLE THE 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,AlCP, Senior Planner THRU: Tim Conklin,AlCP, City Planner DATE: March 3, 2003 VAR 03-6.00: Variance (Corrigan, pp 446)was submitted by W. Cal Canfield on behalf of Ms. Jane Corrigan for property located at 320 E. Maple Street. The property is zoned R-1, Low Density Residential and contains approximately 0.20 acres. The requirement is for a 70' minimum lot with, a 30' front setback due to Master Street Plan requirements and an 8' side setback. The request is for a 50' lot width(a 20' variance), a 27.5' front setback(a 2.5' variance) and a 0' side setback (an 8' variance). RECOMMENDATION: Staff recommends approval of the requested lot width,front and side setback variances as shown on the attached site plan with the following conditions: I. Compliance with Building and Fire Codes (proximity of exterior walls to property line may cause restrictions in openings). 2. Use of the proposed garage shall be for accessory purposes only. A second dwelling unit on this site must be approved by the Planning Commission as a conditional use permit for a second dwelling on a lot within the R-1 zoning district. 3. The proposed additions shall be constructed with materials and architectural detailing that is consistent with the existing residence on the property. 4. Elevations and building material information shall be submitted with a building permit application for the project in order to allow staff to review the final materials, colors and details to ensure compliance with condition#3. 5. Side setback variance shall apply only to the proposed garage addition. Any further development on this site shall comply with setback requirements or process a new and separate variance request for consideration by the Board of Adjustment. K.'IREPORTS120031BOA REPOR?SI3-3-031V,4RO3-6-CORPJGAN.DOC Board ofAdjustment March 3, 2003 VAR 03-6 Corrigan Page 2.1 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 located in the Washington-Willow Historic District on the north side of Maple Street between Willow and Walnut Streets. The existing single family home contains a total of 2020 s.f. (basement and main levels combined). A narrow driveway(single car width)is located along the east property line providing access to the house. The applicant states that a detached garage was previously located at the north end of the existing driveway in the location of the proposed new garage. Master Street Plan: The required front setback is now greater due to the classification of Maple Street as an historic collector street on the City's adopted Master Street Plan. An historic collector street requires a total right-of-way of 50' and there is currently only 40' of right-of-way existing on Maple Street. When the street is improved, an additional 5' of right-of-way will be needed on both sides of the street. Ordinance 4422, approved on October 1, 2002 requires that additional setback area be accommodated when a project adjoins a Master Street Plan street that does not have the necessary right-of-way. This is an increased setback only and does not require dedication of right-of-way or a reduction in the size of the lot. Proposal: The applicant wishes to construct a new garage off of the existing driveway at the eastern edge of the property. The garage is proposed to be 2-stories containing approximately 1056 s.f Unique Circumstances: With regard to lot width,when this lot was created with an original width of 50', the standard in the area was narrow lots. Many lots in this area are narrow and even smaller in overall size than the subject property. This lot is consistent with the characteristics of the lots within this neighborhood. The location of existing development and access on the existing property is also unique and these circumstances did not result from actions of the applicant. Request: The applicant proposes to construct a new two-story garage on the east side of the existing structure at the end of an existing narrow driveway. Tle requested variances are to make the existing conditions on the site (lot width and location of the existing structure) compliant, as well as to allow the proposed garage addition to be located on the eastern property line (with a 0' setback). K.LREPORM2003180A P"ORTS13-3-031VAR03-6-CORRIGAN.DOC Board ofAdjustment March 3, 2003 VAR 03-6 Corrigan Page 2.2 The existing structure is located 27.5' from the front property line. The required setback including accommodation for the Master Street Plan is 30'. Staff recommends a 2.5' variance for the existing structure in order to allow the addition of an enclosed breezeway should the applicant choose to attach the proposed garage. Existing lot/structure Ordinance Requirement Applicant's Request Lot vlqcltll(K-1) 70' 50' (a 20' variance) Front setback 3 0' (MSP right-of-way) 27.5' (a 2.5' variance) Proposed garage addition Ordinance Requirement Ap licant's Request Side setback 8' 0' (an 8' variance) SURROUNDING LAND USE AND ZONING Land Use Zoning North Single family residence R-1, Low T)Pnq;tv South Single family residence R-1, Low Denqity PPQ;rlpntial East_ Single family residence R-1, Low Density Ppejdcntial West Single family residence R-1, Low Density Resident-i-I Ell 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 Ountil 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: Special conditions regarding this project include the age of the existing structure, the location of a previous accessory building (garage),the location of the existing driveway and the size (width) of the project 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 K-'VZEP0R=0031BQA REPORYSL3-3-031VAR03-6-CORPiGAN.DOC Board ofAdjustinent March 3, 2003 VAR 03-6 Corrigan Page 2.3 properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would not permit the development of a garage in the proposed location. The only alternative may be that a garage is located at the rear of the house with a side entrance making impossible to use the rear yard for recreational purposes as planned. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The unique circumstances relating to this project site are not the result of actions of the applicant. These conditions exist because of the age of the subdivision and the existing house on the property . 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 variances will not confer special privileges on the applicant that are denied to other lands, structures, or buildings in the same district. The development of a single family home with customary accessory structures is permitted by right within the R-1 zoning district. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. 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,March 3,2003. 3. Findings. The Board of Adjustment shall make the follwAing 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 K.IREPORTS0031BOA REPOR7U-3-031V,4RO3-6-CORRIGAN.DOC Board ofAdjustment March 3, 2003 FAR 03-6 Corrigan Page 2.4