HomeMy WebLinkAbout2003-06-02 - Agendas 6/2/03 BOA 5/23/03 1��age 1 6/2103 BOA 2X7.5
CITY OF FAYEFFEVILUE
AGENDA NOTICE
BOARD OF ADJUSTMENT
Monday,June 2,2003-3:45 p.m.
City Administration Building,Room 326
113 West Mountain
Fayetteville,Arkansas
PUBLIC MEETING-OPEN TO ALL
The following items wil be considerock
Approval of minutes from the meefing of May 5,2003.
Old Business:
I.VAR 03-11�00:Variance(Don Ginger,PIP251)was submitted by Don Ginger for property located W 22
&28 Oydries Street,fiots 12A and 128 in the North Heights Addition). The property is zoned R-2,
Medium Density Residential and contains approximately 0.25 acres. The requirement:Is for a 25'rear-
setback.The requeent is for a 20'setback(a 5'variarce)for construction of tow-homes,on Me subject
property.
New Businears
2.VAR 03-16.00:Variance Purican Avenue AWments,pp 561)was submitted by Mardy Bunch on
behalf of James MI of Mathias Rentals for properly located west of Duncan Avenue and north of
12th Street. The property is zoned R-2,Medium Density Residential and contains approximately 1.534
acres with 36 units(60 bedrooms)and 66 parking spaces.The requirentent is for 90 linear feel of
frontage. The request is for a 46 inear foot frontage(a 44'variance)to accommodate dedicated
paidard associated!with the pecject.
S.VAR 03-17.00:Variance(Beaton Place Apartmeats,pp 366)was submitted by Dai A.Gibert,PE.
of Jorgensen and Associates on behalf of Willsain B.Eamon for property located cast of Leverelt Avenue
and north of Poplar Street. The property is zoned R-2,Medium Density Residential and contains
approximately 0.8270 acres. The requirement is for a 5'Wback between a parking lot and side or fear
property lines.The request is for a 1.4'setback,(a 3.6'vadance).
4.VAR 03-18.00;Variance(Based,pp 2,54)was submitted by Amber Parrish of McNaughton Inc.GMAC
Real Estate on behalf of John Board for property located at 2539 Warwick Drive. The property is zoned
R-1,Low Density Residential and contains approximately 0.335 acres.The requirement is for an 8'side
setback. The request is for a 4.7'setback(a 3.3'vanance)for an exacting carped.
At 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
(57&8267),125 Weat Mountain Strest,Fayetteville,Arkansas. Al Interested parties am invited to rev"
the petifions.
Interpreters crTDD for hearing impaired am available for all public meartings. 72ho�rnoticeisrequflred.
For further information or to request an interpreter,please call 575-8330.
CITY OF FAYETBOULE
AGENDA NOTICE
BOARD OF SIGN APPEALS
Monday June 2,2003- 3:45 p.m.
City Administratibn Suiting,Room 326
113 West Mountain
Fayetteville,Arkansas
PUBLIC MEETING.OPEN TO AU-
The following Items w1l be considered:
Approval of minutes from the April 7,2003 meeting.
New business:
1.SNA 03-07.00:Sign Variance(Shake's,pp 262)was submitted by Matt Smith of MDH Guilders,Inc.
on behalf of Shake's Frozen Custard,Inc.for property located at 2835 N.College Avenue. The property
is zonall C-2,Commercial Thoroughfare.One monument sign has been approved for Me restaurant.The
request is for an additional monument sign for the home office,which is on the same site and a root sign
for the notaurant displaying the company's trademark.
2.SNA 03-08.00;Sign Variance(Dixie Development,pp,176)was submitted by Parin Jones for Dixie
Development for prolearly located north of Old Missouri Blvd.and earent of Joyce Blvd. The property is
zoned R-0,Residential Office.The request is for a 4'x 6'monument sign within the confines of the
Commerce Business Park.The requirement is 2'x 2'for a monument sign.
Al 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
(575-826�,125Wesh Mountain Street,Fayetteville,Arkarses. 91 interested pates are invited to reskew
the pefifions.
Interpreters orTDD for hearing impaired are available for al public meetings. 72 hour notice is required.
For further information or to request an interpreter,please call 575-8330.
6/2/03 BOA 5/28 5/28103 600 AM Page 1
—T 6/2103 BOA 6128 2X4
CITY OF RAYETTIEV LILE
IL
AGENDA NOTICE
BOARD OF ADJUSTMENT
Monday,June 2,2003-3745 p.m
City Administration Building,Room 326
113 West Mountain
Fayetteville,Arkansas
PUBUG MEETING-OPEN TO A�
The following items w1l be considered:
Approval of minutes from the meeting of May 5,2003.
Old Business:
1.VAR 03-11.00:Veronica Pon Ginger,pf,251)was submitted by Don Ginger for property located at 22
&28 Cydnee Street, lots 12A and 12B in the North HeIghts Addition). The property is zoned R-2,
Medium Density Residential end contains approrwinately 0.25=as The requirement is for a 25'rear
setback.Tre request is for a 20'setback(a 5'varance)for construction of tonviritionnes on fine subject
property
Nor,BcsIness:
2.VAR 03-16.00:Variance Purican Avenue Apartments,Ito 561)vvas submil by Mandy Bunch on
behalf of James Matins of Mathias Formula for property located vest of Ounce,Avenue and north of
12th Stri The property is zoned R-2,Medium Dandify Residernial and contains approximately 1.534
acres With 36 units(60 bedrooms)and 66 parking spaces.The requirement is for 90 linear feel of
frontage. The request is for a 46 lini foot frontage(a 44'variables)to accommodate dedicated
pal associated vith the project.
3.VAR G3-17.00:Variance(Benton Place Apartments,pip 366)was submitted by David A.Gibee,RE.
of Jorgensen and Associates on behalf of William B.Benton for property located escit of Levereft Avence
and north of Poplar Street. The property is zoned R-2, Medium Density Residential and contains
approximately 0.8270 acres. The requirement is for a 5'setback thervesen a parking lot and side or beer
property lines.The request is for a 1.4'staback,(a 3.6varriance).
4.VAR 03-18.00:Vanance Reard,no 254)was submitted by Amber Pardsh of McNaul Inc.GMAC
Roal Estate on behalf of John Beand for property local at 25M Wanmck Dive. The property is zoned
R-1,Low Density Residential arid write no approximately 0.335 acres. The requirement is for an 8'side
setback. The request is for a 4.7'setback(a 3.3'vaname)for an existing serpent.
Al interested parifies may appear and be heard at the public hearings. A copy of the proposed
amor,darients and other perment data is often and available for inspection in the Office of City Planning
(575-8267),125 West Mountain Street,Fayetteville,Arkansas. All interested parties we invited to remew
the petitions.
Interipreters or TOO for hearing impaired am available for all public meetings. 72 hour notice is required.
For further Information or to request an interpreter plecce,call 575-B330.
011 5/29/03 LV-2age 1 6/2/03 BSA 252.75
AGENDA FOR A MEETING OF THE BOARD OF SIGN APPEALS
A meeting of the Board of Sign Appeals will be held Monday,June 2,
2003 W 3:45 p.m.in Room 326 of the Cry Acinnnistration Building,
113 W.Mountain Street,Fayetteville,Arkansers,72701
�e following Rem Wil be considered:
Approval of minutes from April 7.2003 meeting.
Navy Busners:
1.SINIA 03-07.OD:Sign Variance(Shak.'s,pip 252)was submitted by Matt Smith of MDH Guilders,Inc.
on behalf of Shaket Frozen Custard,Inc.for property loqated at 2835 N.College Avenue. The property
is zoned C-2,Commenc of Thomughfare.One monument sign has been approved for the restaurant.The
request is for arn additional monument sign for the home office.yMiclh is on the same site and a mof sign
for the restaurant displaying the conipany's trademark.
2.SNA 03-08.00:Sign Variance(Dixie Dwelopment,pf:1713)was submitted by Pam Jones for 0"[
Development for property located north of Old Missoun Blvd.and a=of Joyce Blvd. The property is
zoned R-0,Resider-fal Office.The request is for a 4'x 6'directions!sign within the confines of the
Commerce Business Park.The requirement is 2'x 2'for a directional sign.
Al Interested parties may appear and be heard at the public hearings. A copy of fine proposed
amendments and other pealnert data is open and available for inspection in the Office of City Planning
(575-8267)125 West Mountain Street,Fayetteville,Arkansas At interested parties we invited to review
the petitions.
Interpreters or TOD for hearing impaired are avelable for all public meetings. 72 hour notice is required.
For further information or to request an interipreter,plesee 575-8330.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
125 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 June 2, 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 May 5,2003.
Old Business:
1. VAR 03-11.00: Variance O)on Ginger,pp251)was submitted by Don Ginger for
property located at 22 &28 Cydnee Street, (lots 12A and 12B in the North Heights
Addition). The property is zoned R-2, Medium Density Residential and contains
approximately 0.25 acres. The requirement is for a 25' rear setback. The request is for a
20' setback(a 5' variance)for construction of townhomes on the subject property.
New Business:
2. VAR 03-16.00: Variance(Duncan Avenue Apartments,pp 561) was submitted by
Mandy Bunch on behalf of James Mathias of Mathias Rentals for property located west
of Duncan Avenue and north of 12th Street. The property is zoned R-2, Medium Density
Residential and contains approximately 1.534 acres with 36 units(60 bedrooms)and 66
parking spaces.The requirement is for 90 linear feet of frontage. The request is for a 46
linear foot frontage(a 44' variance)to accommodate dedicated parkland associated with
the project.
3. VAR 03-17.00: Variance(Benton Place Apartments,pp 366)was submitted by David
A. Gilbert,P.E. of Jorgensen and Associates on behalf of William B.Benton for property
located east of Levereft Avenue and north of Poplar Street. The property is zoned R-2,
Medium Density Residential and contains approximately 0.8270 acres. The requirement
is for a 5' setback between a parking lot and side or rear property lines.The request is for
a 1.4' setback, (a 3.6' variance).
4. VAR 03-18.00: Variance(Beard,pp 254)was submitted by Amber Parrish of
McNaughton Inc. GMAC Real Estate on behalf of John Beard for property located at
2539 Warwick Drive. The property is zoned R-1,Low Density Residential and contains
approximately 0.335 acres. The requirement is for an 8' side setback. The request is for
a 4.7' setback(a 3.3'variance)for an existing carport.
All interested parties may appear and be heard at the public hearings. A copy of the proposed mendments 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 Too 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.
ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions& Answer with Board
F. Action of the Board of Adjustment (Discussion& Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Adjustment on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Board
members the opportunity to speak and before a final vote is taken. Public comment will
only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Board of Adjustment.
2003 Board of Adjustment Members
Sherrie Alt
Michael Andrews
Michael Green (Chairman)
Robert Kohler
James Kunzelmarm
Bob Nickle
Joanne Olzewski
FAYETTEVILLE BOA Meeting of May 5, 2003
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: Dawnr. Warrick, AlCP, Zoning&Development Administrator
DATE: May 5,2003
VAR 03-11.00: Variance(Don Ginger, pp251)was submitted by Don Ginger for property
located at 22 &28 Cydnee Street, (lots 12A and 12B in the North Heights Addition). The
property is zoned R-2,Medium Density Residential and contains approximately 0.25 acres. The
requirement is for a 25' rear setback. The request is for a 20' setback(a 5' variance) for
construction of town homes on the subject property.
RECONEVIENDATION:
Staff recommends denial of the requested 5' rear setback variance as shown on the
attached site plan
Comments:
BACKGROUND:
Property description: The subject property is located in the North Heights development on the
west side of the north/south segment of Appleby Road. The subdivision was developed with 42
divided lots (1-21A&B)to accommodate town homes. There are only a few lots remaining
undeveloped at this time. The subject property is currently vacant.
Proposal: The applicant proposes to develop two town homes with a common wall on the
subject property.
Request: The request is for a 5' setback variance from rear 25' setback requirement. The
applicant states that this is necessary in order to build a minimum 1500 s.f. town home on each
lot and to"conform to the characteristics and aesthetics or the existing neighborhood."
Ordinance Requirement�A plicant'sRequesl:::�
Rear setback(R-2) 25' 20' (a 5' variance)
K.-IReports12003WA REPOR7SU-5-03WarO3-11_gjigff(lots 12A&B).doc June 2,2003
Board of Adjustment
VAR 03-11: Ginger
Page 1.1
residential uses.
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. I
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,May 5,2003.
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 variance requested is the minimum needed for the applicant to build the
structure that is proposed. The property is buildable without variances as
demonstrated in the development of nearby and adjacent lots with similar lot
sizes and constraints.
(I.) Harmony with General Purpose. The Board of Adjustment shall further make a
finding that the granting of the variance will be in harmony with the general
purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Finding: The requested variance does not meet the intent of zoning regulations which
provide for variances only when special conditions or hardships exist on a
particular property. Should this variance be granted it would skew the
uniform setback for the neighborhood, however it 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.
KlReportsI20031BOA RFPORTSL5-5-03WarO3-1J_g#,gff(7ou 12A&B).doc June 2,2003
Board of Adjustment
VAR 03-11: Ginger
Page 1.2
Finding: Unable to make finding.
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: N/A
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.-iReporlsL7003WOA REPORTS15-5-03ivarO3-I1_g#Iger OoU 12A&B).doc June2,2003
Board of Adjustment
VAR 03-11: Ginger
Page 1.3
April 9, 2003
The Board of Adjustments
City of Fayetteville
Fayetteville, Arkansas
Subject: Lots 12A & 12B North Heights Addition (22 & 28 Cydnee)
To the-Chair-of-the-Board of AdjustRqpts-,--_--,:--
I am askinq that the City
-grant a five foot,zoning variance for the lot 12A and 12B
located in the North Heights Addition in Fayetteville, Arkansas.
Due to the size and configuration of the subject lot, it is very difficult to construct a
structure and meet the strict guidelines of the POA. These guidelines include a 1500
sq� ft. minimum per side and plan approval by their Architectural Committee. A
variance would greatly improve the buildability while allowing the finished project to
conform to the characteristics and aesthetics of the existing neighborhood.
You will find that the North Heights POA is a very active committee and they are very
concerned with the quality of life and overall aesthetics in their own small community.
I respectfully ask that you put a lot of weight on their decision to approve my plans as
submitted and to take into consideration that this-lot backs up to commercial property
and is one of the last 3 undeveloped lots in the subdivision.
Sincerely,
Don Ginger
June 2,2003
Board of Adjustment
VAR 03-11: Ginger
Page 1.4
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Board of Adjustment
VAR 03-11: Ginger
Page 1.5
28 April 2003
Architectinal Control Committee,NIHPOA
116 Cydnee St
FayetteviHe,AR 72703
The Board ofAdjustments
City of Fayetteville
TayeftvMeAR-727.Ol-
Dear Sirs.
This letter is being written to discuss the construction ofunits on Lots 12A and 12B of
the North Heights Addition. The discussion is summarized as follows.
These lots, 12A and 12D are among the last to be constructed in this sub-division. The
builder,Mr Don Ginger, submitted blue-prints of the buildings to the Architectural
Control Committee for approval as required by the Restrictive Covenants governing this
sub-division. On 3 April 2003,these plans were approved by the committee and A&
Ginger was so notified.
At a later date,Mr Ginger determined that in order to place the structures on the lots, an
off-set variance not to exceed five feet would be required. At his request,the elected
officers of the NIIIPOA and members ofthe Architectural Control Committee met with
Mr Ginger on 14 April, 2003 to discuss this situation. Mr Ginger indicated that if he had
to nuke units smaller,he would then be less than the one thousand five hundred square
footage required by the Restrictive Covenants. The officers and members of the
committee otject to this solution and instructed Mr Ginger to request a variance from the
Board ofAdjustments.
The residents ofNBPOA are primarily retired persons. They are proud ofthe community
in which they live and they want to adhere to the Restrictive Covenants,without
exception- Residents are continually being questioned about avaffabffity of vacant units
as a buyers market exists for units in this area. Realtors call residents seeking advice on
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possible vacancies as they have buyers wanting to purchase homes in this housing
development.
The elected officers and members on the Architectural Control Committee of NBIPOA at
a special meeting on 14 April,2003 agreed that we support Mr Gingers letter to the
Board of Adjustment requesting a variance of rear setback lines for Lots 12A and 12B
and respectively request that the Board of Adjustments took with favor on this request.
Sincerely,
Cari IEL Kittrell, Chairman,
Architectural Control Committee,NBPOA
June 2,2003
Board of Adjustment
VAR 03-11: Ginger
Page 1.6
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FAYETTEVILLE BOA Meeting of June 2, 2003
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,AICP, Zoning &Development Administrator
DATE: June 2,2003
VAR 03-16.00: Variance(Duncan Avenue Apartments,pp 561)was submitted by Mandy
Bunch on behalf of James Mathias of Mathias Rentals for property located west of Duncan
Avenue and north of 12th Street. The property is zoned R-2, Medium Density Residential and
contains approximately 1.534 acres with 36 units (60 bedrooms) and 66 parking spaces. The
requirement is for 90 linear feet of frontage. The request is for a 46 linear foot frontage (a 44'
variance)to accommodate dedicated parkland associated with the project.
RE-COMMENDATION:
Staff recommends approval of the requested lot width variance as shown on the attached
site plan with the following condition:
1. Compliance with approved large scale development plan (PC approval 5/27/03).
-V� ��M
BACKGROUND:
Property description: The subject property is currently a vacant 2.466 acre tract located within
an R-2,Medium Density Residential zoning district just south and west of the intersection of
Duncan Ave. and I lth Street. The applicant has recently processed a large scale development
project in order to build apartments on this site. A part of the development plan includes the
dedication of 0.466 acres of the site to the City to meet parkland requirements for this residential
project. Due to the location of the parkland dedication,the frontage for the remaining lot has
been reduced to approximately 46'. The location of the parcel which will become parkland was
determined through a process of meeting with neighbors and the Parks and Recreation Advisory
Board. This dedication area was approved by the Planning Commission with the approval of the
K.-ReportsV003WA REPORM6-2-031var03-16—dunwn apts.doo June 2,2003
Board of Adjustment
VAR 03-16:Duncan Ave.Apts.
Page 2.1
large scale development at the May 27, 2003 Planning Commission meeting.
Proposal: The applicant proposes to construct three (3)buildings containing 36 units consisting
of one- and two-bedroom apartments for a total of sixty(60) bedrooms.
Request: The applicant is requesting a variance of the required 90' lot width for more than 3
dwelling units on the subject property which will remain after the proposed parkland dedication.
Prior to the dedication of parkland for this property the lot width was 143' which exceeded the
minimum lot width requirement.
I Ordinance Requirement Applicant's Request
Lot Width(R-2 district) 90, 46' (a 44' variance
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family homes R-2, Medium Density Residential
South Single family homes R-2, Medium Density Residential
East Single family homes R-2, Medium Density Residential
West Industrial Food Processing 1-2, General Industrial
GENERAL PLAN DESIGNATION Residential
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: The subject property is an L-shaped lot with only 143' of frontage on
Duncan Ave. As a result of the conditions placed on the large scale
development project, a parkland dedication located adjacent to Duncan Ave.
was required. The resulting frontage is less than the required lot width
minimum for even a single family home in the R-2 district. There are also
constraints on the site regarding delineated wetlands which have been
K-WeportsU003190A REP0R7S16-2-031var03-J6_dunmn apls.doc June 2,2003
Board of Adjustment
VAR 03-16:Duncan Ave.Apts.
Page 2.2
integrated into the overall project design and have been preserved in part
and mitigated in part.
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 result in an unbuildable
lot containing approximately 2 acres after the dedication of parkland as
required by the approved large scale development plan for the property.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: While the development proposal was initiated by the applicant,the parkland
dedication was determined after the initial development had been submitted.
The first meeting of the Parks and Recreation Advisory Board resulted in a
requirement of payment of a fee in lieu of a land dedication for the project.
After that meeting,the neighbors approached the developer and the project
was remanded back to the PRAB for consideration of a land dedication in
order to provide a small neighborhood park on the site. Staff and the PRAB
support the parkland dedication and the location was determined based
upon the site configuration and the provision of public access to the park
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 variance will not confer on the applicant any special privileges.
The use and density proposed by the applicant are permitted by right within
the R-2 district.
5. None onforming 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
KAReportsL2003WOA REPORTS16-2-MarO3-16—dunwn ap&.doc June 2,2003
Board of Adjustment
VAR 03-16:Duncan Ave.Apts.
Page 2.3
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,June 2,2003.
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 possiblie-the-reasonable use-of the land, building,-or structure.
(1.) Harmony with General Purpose. The Board of Adjustment shall ftirther make a
finding that the granting of the variance will be in harmony with the general
purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Finding: Granting the variance will be in harmony with the general purpose and
intent of zoning regulations 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 requested variance is the minimum necessary to allow for the required
parkland dedication and still provide adequate lot width for access into the
remaining parcel.
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: Appropriate conditions and safeguards have been placed on the large scale
development which has been approved for the property.
C. No Variance Allowed. Under no circumstances shall the Board of Adjustment
grant a variance to allow a use not permissible under Zoning in the district
involved, or any use expressly or by implication prohibited by the termsof the
zoning regulations in said district.
Finding: N/A
KlReporIWOOIBOA REPORTS16-2-03War03-16-dunwn apft.doc June 2,2003
Board of Adjustment
VAR 03-16: Duncan Ave.Apts.
Page 2.4
LSD 03-11.00
Page I
FAYETTEVILLE PC Meeting of May 27,2003
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:501-575-8267
.PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
FROM: Jeremy Pate,Associate Planner
Matt Casey, Staff Engineer
THRU: P-,Zoning L)evelopment AClounistrafiar—
DATE: May27,2003
Project: LSD 03-13.00: Large Scale Development (Duncan Avenue Apts) was submitted by
Mandy Bunch on behalf of James Mathias of Mathias Rentals for property located west of
Duncan Avenue and north of 12th Street. The property is zoned R-2, Medium Density
Residential and contains approximately 2.0 acres with 36 units in three (3)buildings (60
bedrooms) and 66 parking spaces with a 0.466 acre parkland dedication proposed.
Findings:
Proposal: The applicant proposes to construct three (3)buildings containing 36 units consisting
of one- and two-bedroom-apartments-for a-total of sixty(60) bedrooms�----- -
Parking: ADA: 3 spaces
Regular: 63 spaces
Bicycle: 2 racks
Existing Development: None
Surrounding Land Use and Zoning:
Direction Land Use Zoning
North Single family homes R-2, Medium Density Residential
South Single family homes R-2, Medium Density Residential
East Single family homes R-2,Medium Density Residential
West Industrial Food Processing 1-2, General Industrial
Density: Allowable Density in R-2 Zoning: 4-24 Units Per Acre
Proposed Density: 36 units on 2.0 acres= 18 Units Per Acre
Water: A 6" water line exists along Duncan Ave to serve the proposed development.
Sewer: A 6",sewer line exists along Duncan Ave. (to be replaced with new 8"PVC for
approximately 650 feet by the developer to serve the proposed project.)All existing service lines
K.*IReportsl2003WCREPOR7SA05-27'ISD 03-13.00(DUAr-4NAVEAP7).doc June 2,2003
Board of Adjustment
VAR 03-16:Duncan Ave.Apts.
Page 2.5
LSD 03-13.00
Page 2
will be connected to the new 8" sewer line by the developer.
Right-of-way being dedicate& 25' from centerline along Duncan Avenue per MSP requirements
for an historic collector street.
Street Improvements Proposed: Duncan Avenue shall be improved a minimum of 14 feet from
centerline, with curb and gutter, storm.drains, and a sidewalk along the west side.
Adjacent Master Street Plan Streets: Duncan is an Historic Collector.
Tree Preservation: Existing: 27.24% -
- Preserved: 14.05%-
Required: 20%
Mitigation: On Site (16 Trees)
Park Land Dedication: The PRAB has determined that 0.466 acres shall be dedicated for
parkland, with payment of$2266.25 for the balance to meet the City requirements.
Wetland Delineation: USA-COE has concurred with wetland delineation. The proposed plan is
under review for Nationwide 404 permit approval. (See attached letter.)
Background:
At the Subdivision Committee meeting of April 03, 2003,the applicant proposed 48 units (80
bedrooms), with 87 parking spaces on 2.46 acres (a density of+/- 19.5 DU/acre). The item was
tabled pending the provision of further information. The current proposal is for 36 units (60
bedrooms) with 66 parking spaces on 2.0 acres (a density of+/-18 DU/acre). Aparkland
dedication of 0.466 acres is included with the current proposal. This proposal was heard by the
Subdivision Committee on May 15, 2003.
The Subdivision Committee forwarded the Large Scale Development to the full Planning
Commission subject to all staff comments. Public comment and Subdivision Committee
discussion included drainage, density and a privacy fence.
RECOMMENDED MOTION:
Staff recommends approval of the large scale development with the following conditions:
Conditions,of Approval:
1. Planning Commission determination of offsite sanitary sewer improvements. Staff is
recommending that the existing sanitary sewer line be replacedfor approximately 650'
with a new 8"P VC line to provide sufficient capacity to serve this development. All
existing service lines shall be connected to the new 8"sewer line at the cost of the
developer.
K.*IReporisL70031PCREPOR7YO5-27USD 03-13.00(DUACANAVE AM).doc June 2,2003
Board of Adjustment
VAR 03-16:Duncan Ave.Apts.
Page 2.6
LSD 03-13.00
Page 3
2. Dedication of ROW 25' from centerline along Duncan Avenue per MSP requirements for
an historic collector street shall be required prior to filing.
3. Duncan Avenue shall be improved by the developer a minimum of 14' from centerline,
with curb and gutter, storm drains, and a 6' sidewalk along the west side of Duncan
Avenue in accordance with the Master Street Plan and Chapter 171 of the Unified
Development Ordinance.
4. The Board of Adjustment must approve a variance.of the-required frontage for the
project. LotAidth minimum for multifamily development is 90 feet(§161.06). The
variance request is for+/-46.49 feet of frontage for the lot which will remain after the
parkland is split off to be dedicated to the City.
5. A Lot Line Adjustment to create the 0.466 acre parkland tract shall be approved prior to
the issuance of a building permit.
6. All overhead electric lines less than 12 kv shall be placed underground.
7. An 8 foot privacy fence shall be constructed along the south property line.
Standard-Conditions of Approval:
8. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives-AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
9. Staff approval of final detailed plans, specifications and calculations(where applicable)
for grading, drainage,water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s)and tree preservation. The information submitted for the plat review
process was reviewed for general concept only. All public improvements are subject to
additional review and approval. All improvements shall comply with City's current
requirements.
10. The PRAB has determined that 0.466 acres shall be dedicated for parkland, with payment
of$2266.25 for the balance to meet City requirements.
11. Sidewalk construction ih accordance with current standards to include a minimum 6'
wide sidewalk along Duncan Avenue.
12. Large scale development shall be valid for one calendar year.
13. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. Separate easement plat for this project that shall include the tree preservation area.
K.Reportsl2003�-CREFOR7SI05-27ALSD03-13.00(DUACANAVEAP7N).doc June 2,2003
Board of Adjustment
VAR 03-16:Duncan Ave.Apts.
Page 2.7
LSD 03-13.00
Page 4
-c. Project Disk with all final revisions
d. Completion of all required improvements or the placement of a surety with the
City(letter of credit, bond, escrow) as required by§158.01 "Guarantees in Lieu of
Installed Improvements" to guarantee all incomplete improvements. Further, all
improvements necessary to serve the site and protect public safety must be
completed, not just guaranteed,prior to the issuance of a Certificate of Occupancy
e. Parks fees paid and/or deed recorded and copy received.
PLANNING COMMISSION ACTION: _yes Required
____.Approved Denied
Date: MaY27,2003
Comments:
The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
K.ReportA2003WCREP0R7S105-271LSD 03-13.00(DUAr-4NA VE AM).doe June 2,2003
Board of Adjustment
VAR 03-16:Duncan Ave.Apts.
Page 2.8
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Board of Adjustment
VAR 03-16:Duncan Ave.Apts.
Page 2.10
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0 0.1 0.2 0.4 0.6 01iles 03-16:Duncan Ave.Apts.
yt Page 2.12
FAYETTEVILLE BOA Meeting of June 2, 2003
THE CITY OF FAYETTEVILLE,ARKANSAS
113W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Dawn T. Warrick, AlCP, Zoning &Development Administrator
DATE: June 2,2003
VAR 03-17.00: Variance (Benton Place Apartments, pp 366)was submitted by David A.
Gilbert, P.E. of Jorgensen and Associates on behalf of William B. Benton for property located
east of Leverett Avenue and north of Poplar Street. The property.is zoned R-2, Medium Density
Residential and contains approximately 0.8270 acres. The requirement is for a 5' setback
between a parking lot and side or rear property lines. The request is for a 1.4' setback, (a 3.6,
variance).
RECOMMENDATION:
Staff recommends approval of the requested parking lot setback variance as shown on the
attached site plan with the following conditions:
I. Administrative approval of a setback reduction for the proposed retaining wall. The
City's Grading&Drainage Criteria Manual requires a 5' setback between a retaining wall
and property line.
2. Shrubs and other appropriate landscaping shall be installed in the remaining greenspace
between adjoining parking areas along the north property line in accordance with
recommendations of the Landscape Administrator. A more detailed landscape plan shall
be provided prior to the issuance of a building permit for the project.
BACKGROUND:
Property description: The subject property is located on the east side of Leverett Ave.
immediately south of the Leverett Gardens Apartment complex. The surrounding properties are
zoned for medium and high density residential uses and contain duplexes and multifamily
K.-TEPORTS12003160A REPORTS16-2-031VAR03-17—BENTON AMSDOC June 2,2003
Board of Adjustment
VAR 03-17:Benton Place Apts.
Page 3.1
dwellings. There is a riparian buffer along the south property line which is heavily treed. The
Landscape Administrator has identified all of the trees in this area as high priority trees due to
their location within this buffer.
Proposal: The applicant proposes to develop two structures containing a total of 16 multifamily
dwelling units (2 bedrooms each) with 32 parking spaces on the subject property. The use and
density are permitted by right within the R-2 zoning district.
Reguest: The request is for a reduced parking lot setback from the north property line. Due to
the need to protect trees within the riparian buffer along the southern property line,the applicant
has shifted the structures and parking to the north. This action has resulted in a 1'5"greenspace
along the north property line. The ordinance requirement is for a 5' landscaped area which
would result in a total of 10' between adjoining parking lots.
I Ordinance Requi ement Applicant's Request
Parking lot setback 5' (between parking lot and all 1'5" (a 37'variance)
side or rear lot
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Multi-family residences R-2, Medium density residential
South Multi-family residences R-21 Medium density residential
East Multi-family residences R-2, Medium density residential
West Vacant/Multi-family residences R-2, Medium density residential
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: A riparian buffer with many high priority trees located along the south
boundary of the subject property represents a special condition which is
K.tREPORM003160A REPORTS16-2-03 WM03-17BENTON APIN.DOC June 2,2003
Board of Adjustment
VAR 03-17:Benton Place Apts.
Page 3.2
specific to this property and is not applicable to other lands or developments.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
propertie's in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of the provisions of the zoning regulations would
require that the applicant remove a desirable environment from this
property. This variance will allow for the preservation of high priority trees
While still providing the property owner the ability to develop this site.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special conditions affecting this property are environmental and do not
the result from 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: The use proposed for this property is permitted within this zoning district.
This variance will not confer any special privileges.
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,June 2,2003.
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-IREPORTS12003100A REPOR7"Si6-2-031VAR03-17-BENTONAPYS.DOC June 2,2003
Board of Adjustment
VAR 03-17:Benton Place Apts.
Page 3.3