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Home My WebLink About2003-07-07 - Agendas 7/7/03 6/27/03 10:01—�1 717/03 ZX3.75 CITY OF FAYETTEi AGENDA NOTICE BOARD OF ADJUSTMENT Monday,July 7,2003.3:45 p.m. City AdmInImmation Building,Room 326 113 West Mountain Fairmteullie,Arkansas PUBLIC MEETING-OPEN TO ALL The following items will be considered: Approval of minutes from the mi ng of June 2,2003, Old Business: 1.VAR 03-11.00:Variance(Don Ginger,bp251)was submitted by Don Ginger for property located at�&28 Oydnee Street,tons 12A and 12B in the North Heights Addition). The property is zoned R-2,Medlum Density Residential ard contains approximately 0.25 acres. The requirement is for a 25'rear setback.The request is for a 20'setback,(a Vvarance)for construction of havalborniss on the subject property This tern was tabled at the May 6,2003 meeting. New Business: 2.VAR G3-19.00:Variance(Sloan,pp 474)was submitted by Christopher Drackett of Jorgensen& Associates on behalf of Chi Sloar,of Sloan Properties,Inc.for property located at Lot 76 in Legacy Pointe Phase 1.Tne property is zoned Ri Residential Single-family,4 units per am.The requirement is for a 20'raw setback. The request is for a 15'rear setback(a 5'variance). 3.VAR 03-20.00:Variance(Fennel,pp 484)was submitted by Don Hunicutt on behalf of Joe Fennel for property located at 310 W.Dickson Street. The property is zoned C-3,Central Commercial and contains approyinnately 0.174 asset. The request is for setback vanances to allow 2nd floor balconies adjacent to both Dicks.and Campbell Sheets. 4.VAR 03-21.00:Variance(Revelle,pp 444)was submitted by Albert Was,Architect on behalf of Daryl Revelle for property located at 935 Oakland Avenue. The property is zoned!Hi Residential Mufti- farruly 40 units per acre.The requirement is for a 26'front setback.TherequestisforalFfroniseback (a (Yvanance). At interested parties may appear and be heand 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,Fail le,Arkansas. All interested parties ans invited to review the petitions. Interpreters or TOD for hearing impaired are available for all pulol c meetings. 72 hour notice is regained. For further information orto ri an interpreter please call 575-8330. 7/7/03 BSA 6/27/03 1 2—�age 1 7/7/03 BSA&3.75 CITY OF FAYETTEVILLE AGENDA NOTICE BOARD OF SIGN APPEALS Monday July 7,2003-3:45 p.m. City Administration Building,Ron.326 1 113 West Mountain Fayeftearille,Arkansas PUBLIC MEETING-OPEN TO ALL Tlhe following Items will be considered: Approval of minutes from the June 2,2003 meeting. Old Businews: 1.SNA 03-07.00:Sign Variance(Shake's,pip 252)was submitted by Malt Smith of MDH Builders,Inc. on behall of Shko.Frozen Custard, Ino.10,property located at 2115 N,Collage Avenue. The property is zoned C-2,Commercial Thoroughfare.One monument sign has been approved for the restaurant.The request is for an additional monument sign for the home office,which is on the same site and a roof sign for the restaurant displaying the Comipany�s trademark. No.Business; 1.SNA 03-OB.00:Sign Variance(First Western Bank, pp 175)was submitted by Ken Lazenby on behalf of First Weetern Bank for property located at 1676 Joyce Blvd. The property is zoned R-O, Residential Office. The requirement is for one sign containing 16 s.f. The request is for an additional sign with 30.71 at.proposed. 2.SNA03-09.00:Sign Variance(Golden Comal,pip 96)was submitted by Cobb sign Company Inc.on behalf of Golden Counal for property located at 4507 N.College Avenue. The property is zoned C-2, (Commercial Thoroughfare). The requirement is for a 31'setback for the approved 26'pole sign.The request is for a 14'setback(a 17'vadance). 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 Offics of City Planning (575-8267)125 Weart Mountain Street,Fayetteville,Arkansas. At interested parties are invited to review the petitions. Interpreters or TOO for hearing impaired am available for all public meanings. 72 hour notice is required. For further information or to request an interpreter please 575-8330.For further information ortorequ�aninterp�erple�e�1575-8330. 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 July 7, 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 June 2,2003. Old Business: L 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 townhomes on the subject property. This item was tabled at the May 5,2003 meeting. New Business: 2. VAR 03-19.00:Variance(Sloan,pp 474)was submitted by Christopher Brackett of Jorgensen&Associates on behalf of Charlie Sloan of Sloan Properties,Inc. for property located at Lot 76 in Legacy Pointe Phase 1. The property is zoned RSF-4,Residential Single-family,4 units per acre. The requirement is for a 20' rear setback. The request is for a 15' rear setback(a 5'variance). 3. VAR 03-20.00: Variance(Fennel,pp 484)was submitted by Don Hunicutt on behalf of Joe Fennel for property located at 3 10 W.Dickson Street. The property is zoned C-3 Central Commercial and contains approximately 0.174 acres. The request is for setback variances I to allow 2'd floor balconies adjacent to both Dickson and Campbell Streets. 4. VAR 03-21.00:Variance(Revelle,pp 444)was submitted by Albert Skiles,Architect on behalf of Daryl Revelle for property located at 935 Oakland Avenue. The property is zoned RMF-40, Residential Multi-family,40 units per acre. The requirement is for a 25' front setback. The request is for a 15' front setback(a 10' 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. 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 July 7. 200 THE CITY OF FAYETTE VILLE,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, Zoning &Development Administrator DATE: May-5-,400-3--Revised July 7, 2003 VAR 03-10.00: Variance(Don Ginger,pp251).wa�submitted by Don Ginger for property located at 23 &35 Cydnee,Street, Oots 8A and 813 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. Tle request is for a 20' sethaek (a 5' varziamee)23'setback (a 2)variance) for construction of town hoines on the subject property. RECOMNMNDATION: Staff recommends denial of the r-equ ested 5' rear-setbaek varianee as shown an th attached site planapproval of the revised requestfor a 2'rear setback variance with the following conditions: L Variance shall only apply to the proposed development as shown on amended site plans submitted. 2. Any additions or alterations in thefuture shall comply-with current setback requirements. 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&13) 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- K V?eports1200A60.4 PEPORM7-7-03iv�03-10-gi7ger Oots 8A&B)r"bed doc July 7,2003 Board of Adjustment VAR 03-11:Ginger Page 1.1 Request.- The request is for a 5' setback variance from rear 25' setback r equirement. 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." Update. Since the May meeting of the Board of Adjustment, the applicant has worked with an architect to revise the site design and attempt to develop the lots without the needfor a variance. A new siteplan has been submitted(attached) which providesfor a structure which is consistent with surrounding lots, meets the requirements of the property owner's association and reduced the variance request by more than 50%. The new request isfor a 23'setback, a Yvariance. On the newplans only small corner pieces of the structure will encroach the required 25'setback. These areas of encroachment rangefrom 11"to 2� Ordinance Requirement Applicant's Reguest Rear setback(R-2) 25' 20' (a 5' iurianee) 23'(a 2'variance) SURROUNDING LAND USE AND ZONING Land Use Zoning North Townhomes R-2,Medium density residential South Multi-family residential R-2, Medium density residential East Townhomes R-2, Medium density residential West Townhomes R-2, Medium density residential GENERAL PLAN DESIGNATION Residential FINDINGS: 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1. Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: The subject property is flat and there are no unique features that cause the site to be difficult to develop. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning K.-Wwor1sU003W0A RUORM7-7-03tvarO3-10_gj?gff(7o1s8A&B)reviseddoc July 7,2003 Board of Adjustment VAR 03-11: Ginger Page 1.2 regulations would deprive the applicant of rights commonly enjoyedby other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of current zoning regulations does not preclude the development of the subject property. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Unable to make finding, the need for the variance is based on the applicants chosen floor plan and building design. The applicant has attempted to meet the zoning requirements as well as minimum standards setforth in covenamsfor the neighborhood.as enforced by the POA which callfor 1500 sf min.per townhome. Revivedplans do accomplish the goals of the POA, however a 2'variance is still necessary. 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 special privileges. The property is zoned for 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. 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 h caring is scheduled for Monday, May 5,2003 July 7, 2003. 3. Findings. The Boardof Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the K-WePOMU003160,4 REPOR7SI7-7-031VarO3-10-g*ger(16ts 8A&B)�iseddoc July 7,2003 Board of Adjustment VAR 03-11:Ginger Page 1.3 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. The revised siteplan has reduced the variance requestfrom 5'to 2'Jor this project. (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 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. The revisedproposal is consistent in style,size and design to the other structures within the North Heights development (2.) Reason I s 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: 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 KVZeponsL?0031BOA REPORTS17-7-031var03-10ghger(lots 8A&B)�ised.d� July 7,2003 Board of Adjustment VAR 03-11:Ginger Page 1.4 1�n�,- 7312 zE) rd ------ -------- -------- ----- I e July 7,2003 Board of Adjustment VAR 03-11:Ginger Page 1.6 t I I za t —31 U? C) C4 C, 0) c 0) July 7,2003 Board of Adjustment E VAR 03-11:Ginger Page 1.7— -AM oil, ,M-P M Now, 0 NN X., 1W 5VF K, W�7 --Q . Q on p ""yqv mv Ey 0 RAY '—'l.. ...... YWOK �of rl-- tEz�'- -q W"Wi— agamZarn yty!" I I N' Ul T 5 n ;73�" 'W A 2 - I -.v 4 pg�- g vg�"� VAT Q to Way plan TOM 1 , _v - isms if A zoos M -151� tF MIN kill- 'tpv No 25<1! I I Ala IWO "I TO 3' rM =Ml' V �-4' --a k"lls INS&i 1000 it's m 510 01 VAR03-11.00 Close Up View DON GINGER SUBJECT MOPER�� WIN I FFF f L T— _s1SH0 POR MM Overview Legend Subject Property Boundary -N-,Planning Area Master Street Plan VAR03-1 1.00 Overlay District 44lko FreaWay/Expressway 9000i Streets City Limits 0'�%o Principal Arterial EAsting Outside City 4%�o Minorfixterial 'W�Planned Collector 00%0 Historic Collector July 7,2003 0 75 150 300 450 600 Board of Adjustment - Feet VAR 03-11: Ginger Page 1.9 VAR03-1 1.00 DON GINGER One Mile View C-2W C-2 -2 R 9M R-0 ,if H R-0 0 2 C-1 I.z V 0 Mt 2 00 L IkA C �Tht; 0.0. ...... 0- 4!R7 0 "R 1 -0000 i 00i I 4Fi 0 "o .0�00 R- .......... -W1 r,2-j:VrZgl C-2i -0 R 8.4 �.o R I 1R-0 C-2 PA_� 1. W13JECT PROPERTY 0 R- A� R.2 —4 A-1 R64 000 0901000Q000 R 2' �Rp A-1 i�-Vt�j u 4�, Jill F ALT(;�U!�WA DR AD 1 i R-2 .1 %R-2 kkwwx '�P'T - . " r WLY R-� F 2 1, R-2 f, CASS Ft -0 J AE RAW C-I Ft lim- 74 M RA-_,ff5.N-- 42 IA Aa R-1 '2 . . ...... -2 R-1 R A I IF r.- Overview Legend Boundary - ------- Subject Property I-\.,Planning Am Master Street Plan EM VAR03-1 1.00 �000 r I Overlay District Nodpal Artarfl Streets L CRY Unnits; 4%�MinwArtedal Outside City Col�r July 7,2003 0 0.1 0.2 0.4 0.6 01 Board of Adjustment Men iles VAR 03-11: Ginger Page 1.10 FAYETTEVILLE BOA Meeting of July 7, 2003 THE CITY OF FAYETTEVILLE,ARKANSAS 125 W. 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: July 7,2003 VAR 03-19.00:Variance(Sloan,pp 474)was submitted by'Christopher Brackett ofJorgensen & Associate's on behalf of Charlie Sloan of Sloan Properties,Inc.for property located at Lot 76 in Legacy Pointe.Phase L The property is zoned RSF-4,Residential Single-family,4 units per acre. The requirement is for a 20' rear setback. The request is for a 15' rear setback(a 51 variance). RECOMAIENDATION: Staff recommends approval of the requested 51 rear setback variance as shown on the attached site plan with the following condition: 1. The approved variance shall only apply to the existing structure on the subject property. Additions, alterations or redevelopment of this structure and/or lot shall be required to comply with current setback requirements. BACKGROUND: Property description: The subject property is a lot within the newly built Legacy Point subdivision. The structure was on this lot prior to the development of the subdivision and was located on a larger lot which fronted Double Springs Road. Upon redevelopment of the site as a part of the subdivision,a lot(lot 76)was created for the single family home,however it now has frontage on an interior street(Persimmon Street). Proposal: The applicant is making improvements to this structure in order to incorporate it into the Legacy Point subdivision. Request: As a condition of approval for the subdivision, and in order to improve the existing KIREPORnVOOYBOA RFPORTS17-7-031VAR193-19 SLOAN.DOC July 7,2003 Board of Adjustment VAR 03-19:Sloan Page 2.1 structure,the applicant is requesting a 5' rear setback variance for the single family home located on lot 76 of the Legacy Point subdivision. Ordinance Requirement Applicant's Request RSF-4 (rear setback) 20' 15' (a 5' variance) SURROUNDING LAND USE AND ZONING Land Use Zoning North Vacant RSF-4 Residential - single family South Single family home R-A, Residential Agricultural East Vacant RSF-4,Residential -single farrdly West Vacant RSF-4, Residential - single family 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 location of the structure on the subject property was determined when the lot was a part of a large undeveloped acreage that then became a residential subdivision within the city limits. 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: Additions or alterations to the subject property would be restricted without a variance due to the existing non-conforming nature of this single family home. Modifications are necessary because the new street configuration of the subdivision provides a new front for the structure which had previously faced Double Springs Road (west). The lot will now front Persimmon Street to the north. K.-WEPONW003180A P"0RM7-7-031VAR03-J9_SL0".DoC July 7,2003 Board of Adjustment VAR 03-19: Sloan Page 2.2 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The applicant proposed the development and lot configuration, however,this structure was already non-conforming and the location of the structure is not proposed to change. 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 with proposed conditions 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 b.e considered grounds for the issuance of a variance. Finding: No nonconformities were considered as a basi s of the findings stated,in this staff report. § 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,July 7,2003. 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. 7he 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 request is for the minimum variance necessary to allow for the existing structure to be improved and incorporated into the new Legacy Point K.,IPEPOR=003180,IPEPOR7M7-7-031VAR03-19 SLOAMDOC July 7,2003 Board of Adjustment VAR 03-19:Sloan Page 2.3 subdivision. (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 requested variance. 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 this request which are stated on page one of this report. 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 zomng regulations in said district. Finding: N/A K.-WEPOR71200MOA REPOR7M7-7-031VAR03-19-SLOAN.DOC July 7,2003 Board of Adjustment VAR 03-19:Sloan Page 2A JORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS-- 124 WAffe'3WB TE 5, - FAYETTEVILLE,ARKANSAS 72703 (479)442-9127 WUE,SUI FAX(479)582-4807 DAVID L.JORGENSEN,RE,P.L.S. City of Fayetteville CHRISTOPHER B.BRACKETT,P.E. 113 W. Mountain Street. Fayetteville, AR 72701 Attn: Planning Dept. Re: Legacy Pointe Phase I—Rear Setback Reduciton for Lot 76 On behalf of the owner, we are requesting a reduction of the 20' rear building setback requirement for the existing house on Lot 76 of the Legacy Pointe Subdivision Phase 1. This existing house was built facing Double Springs Road and th�north property line was the side property line requiring an 8' building setback. The addition of a street south of the existing house for the new subdivision will now make the north property line a rear property line requiring a 20' building setback. We would like this to be reduced to 151 to allow for this building to remain. Please call concerning Any questions you may have. Thank you. Sincerely; Christooher B. Brackett, RE7 July 7,2003 Board of Adjustment VAR 03-19:Sloan Page 2.5 STRUCTURAL DESIGN LAND DEVELOPMENT WATER SYSTEMS WASTEWATER SYSTEMS - LAND SURVEYING PERSIMMON STREET w s .55'RIW vxIsnNG NO LOT 76 E. A 17.39' 17.12' S89'33'51�k ioA.ir LEGAL DESCRIPTION., THIS IS M WRTI"�AT TW ABOVE SWffy WAS 'EOT 76 OF LEGACY POINTE SUSDIVISION, �OfZNED W�HY S�WISIW AM�CDF?WI?S, WEIZIF Si7 AS SHOMf ON ruE ItAr AND M 7W BEST FAYETTEVILLE, ARKANSAS AS PER PLAT ON FILE op,my toov�E AMf COINWCT. IN THE OFFICE OF THE CIRCUIT CLERK OF WASHINGTON COUNTY, ARKANSAS. DAVID L.JoRGINSM AFLS 1118 DAM JORGENSEN & ASSOCIATES 10" ST F CIVIL ENg4NEERS 0 SURVEYORS NO. SAS 4 AIES. FA�LLR�SM TI703 (501)�24127 - F�(501)58241 SCALE., I'-jo' -E REVISED WN BY: BE� z DA7 f OTStLEGACY76 DATE: 16JUNE03' y L PROPERTY SURVE—juERt CHARL- IE St-020A~. on' VAR 19,Sloan Page 2.6 VAR03-19.00 Close Up View SLOAN R-A R-A —————————— ———--Rs� - ———— ————————---— Eorp.RoPERTY J.0 —————---—— V PL ................ 4 4 Overview Legend Boundary Subject Property Mastor Street Plan 'N-,Planning Area IL��iL VAR03-19-00 .9'000i Oveday District 4��Fremay/Expressway Streets City Urnits 4"4,o Principal Arterial Ddsling Outside City Minor Arterial '0 N, Collector July 7,2003 Planned Historic Collector Board of Adjustment 0 75 150 300 450 600 VAR 03-19: Sloan Feet Page 2.7 VAR03-19.00 One Mile View SLOAN "'T 7777� �.2 T I,L R�,A-- R-A -A -4 kA- R-A --- C-2 L i RSF�- %P;� 4-:4i-J -R-O r JI, A 4 4 RMIF-6 i R-A SF-4 L I R-A Y,.�r SU JECT PROPERTY T J ....... T-- s ...... 8R L 'IN J L ...... Overview Legend Subject Property Boundary Master Street Plan VAR93-19.00 Planning Area F—YEv.-Y cro..q, 4%#Principal Adedal o o Oveday D61rict streets 000�oo 0%.+Minor Arterial �darg L. city urnits, Wle=r A14t,Pianned� Outside City Histok Cdl� July 7,2003 Board of Adjustment 0 0.1 0.2 0.4 0.6 0. VAR 03-19: Sloan hies Page 2.8 FAYETTEVILLE BOA Meeting of July 7, 2003 THE CITY OF FAYETTEVILLE,ARKANSAS 125 W. 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: July 7, 2003 VAR 03-20.00. Variance(Fennel,pp 484)was submitted by Don Hunicutt on behalf of Joe Fennel for property located at 310 W. Dickson Street. The property is zoned C-3,Central Commercial and contains approximately 0.174 acres. The request is for setback variances to allow 2"d floor balconies adjacent to both Dickson and Campbell Streets. RECOAUqENDATION: Staff recommends approval of the requested front setback variances as shown on the �attached site plan with the following conditions: 1. Variance along Dickson.Street shall only apply to balconies associated with the new development. Variance along Campbell Street shall only apply to an extension of the existing wall along the street front and to associated second story balconies. 3. Approval of requested variances does not constitute project approval or offer any assurances for building permits. Required documentation shall be provided for all necessary permits and approvals prior to the commencement of any construction activity in this, location. BACKGROUND: Property description: The subject property is located on the north side of Dickson Street at 310 KAREPORM003WOA REPORTSi7-7-031VAR03-20-PENNF-LDOC July 7,2003 Board of Adjustment VAR 03-20: Fennel Page 3.1 West Dickson Street. The existing structure is used as an office and catering kitchen and is proposed to be redeveloped and extended for a two story restaurant. Proposal: The applicant proposes to redevelop the subject property for a new restaurant. The development plan calls for balconies to overhang the sidewalks on both Campbell and Dickson Streets. An extension of the existing wall fagade along Campbell Street will be a part of the new development. This wall is currently not setback to the required 5' setback line. Request: The request is for variances of the front setback requirements along both Campbell and Dickson Streets to allow for second story balconies associated with the proposed restaurant. A request for a variance to extend the existing wall adjacent to Campbell is also being sought. Ordinance Requirement Applicant's Request Front setback–Dickson St. (C-3) 5' 0' (a 5' variance) Front setback–Campbell St. (C-3) balconies 5' 0' (a 5' variance) Front setback–Campbell St. (C-3)/front wall 5' 3'6" (a 1'6"variance) SURROUNDING LAND USE AND ZONING Land Use Zoning North Naed commercial G-3,—Central Commercial South Mixed commercial C-3, Central Commercial East Mixed commercial C73, Central Commercial West Mixed commercial C-3, Central Commercial GENERAL PLAN DESIGNATION Historic 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 location of an existing structure which is proposed to be incorporated KIREPORTS120031BOA REPOR7Si7-7-031VAR03-20-FENNFLDOC July 7,2003 Board of Adjustment VAR 03-20:Fennel Page 3.2 into the new development is a part of the basis of this request. The applicant wishes to use the existing structure in order to further develop the property and to then provide the amenity of second story balconies. 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 require that the existing structure be demolished and that a new structure be located at the required 5' setback along both streets. 3. Resulting Ac tions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The existing structure was located before the adoption of'current zoning regulations. The proposal for balconies within the front setbacks is the result of actions of the applicant, however that type of development amenity is desirable and does not constitute enclosed heated space within a structure. 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 privilege. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconfortning use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No nonconformities were considered as a basis of the findings stated in this staff report. § 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,July 7,2003. K.-WPORM0031BO-4 REPOR7SI7-7-031VAR03-20-FENNEL.DOC July 7,2003 Board of Adjustment VAR 03-20:Fennel Page 3.3 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land,building, or structure. (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 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, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 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 requested variance. b. Conditions and Safeguards. In grant ing any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards,in conformity with the zoning regulations. Finding: Staff has recommended conditions for this request Which are stated on page one of this.report. 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.-WEPORTWOOMOA REPONS17-7 I-03WAR03-20-FENNELDOC July 7,2003 Board of Adjustment VAR 03-20:Fennel Page 3.4 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 125W. 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 July 7,2003,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 June 2,2003. 01dBusiness: L VAR 03-11.00: Variance(Don Ginger,pp251)wa s 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. This item was tabled at the May 5,20 03 meeting. New Business: 2. VAR 03-19.00: Variance(Sloan,pp 474)was submitted by Christopher Brackett of Jorgensen&Associates on behalf of Charlie Sloan of Sloan Properties,Inc. for property located at Lot 76 in Legacy Pointe Phase 1. The property is zoned RSF4,Residential Single-family,4 units per acre. The.requirement is for a 20' rear setback. The request is for a 15'rear setback(a 5'variance). 3. VAR 03-20.00: Variance(Fennel,pp 484)was submitted by Don Hunicutt on behalf of foe Fennel for property.located at 310 W.Dickson.Stree.t. The property is zoned C-3, Central Commercial and contains approximately 0.174 acres. The request is for setback variances to allow 2d floor balconies adjacent to both Dickson and Campbell Streets. 4. VAR 03-21.00:Variance(Revelle,pp 444)was submitted by Albert Skiles,Architect on behalf of Daryl Revelle for property located at 935 Oakland Avenue. The property is zoned RMF40,Residential Multi-family,40 units per acre. The requirement is for a 25' front setback. The request is for a 15' front setback(a 10' 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. July 7,2003 Board of Adjustment VAR 03-20:Fennel Page 3.5 §161.15 DISTRICT C-3 From Street ROW 5 ft. 25 ft. CENTRAL COMMERCIAL. From Street ROW if 50 ft. 50& A. Purpose. The Central Comme rcial Parking is Allowed District is designed to accommodate the commercial Between the ROW and the Building and related uses commonly found in the central business,district or regional shopping centers which From Side Property None None provide a wide range of retail and personal service Line uses. From Side Property 10 ft. 25& Line When B.Uses. Contiguous to a 1. Permitted Uses. Residential District Unit I City-Wide Uses by Right From Back Property 15 ft. 25 ft. Unit 4 Cultural and Recreational Line Without Ease- Facilities ment or Alley, Unit 5 Government Facilities From Centerline Line 10 ft. 10 ft. of a Public Alley. Unit 9 Multifamily Dwelling-Low Density (Code 1991, §160.037-,Code 1965,App.A,Art. Unit 10 Multifamily-High Density 5(VII);Ord.No. 1747,6-29-89;Ord.No.2351,6-2 1- 77;Ord.No.2603,2-19-80) Unit 12 Offices,Studios and Related Services Unit 13 Eating Places Unit 14 Hotel,Motel and Amusement Facilities Unit 15 Neighborhood Shopping Goods Unit 16 Shopping Goods Unit 18 Gas Service Stations and Drive-In Restaurants Unit 19 Commercial Recreation JUnit34 Liquor Store 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 Ci Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 19 Trades and Services Unit 28 Center for Collecting Recyclable Materials C.Bulk and Area Regulations/ Setba cks. Setback lines shall meet the following minimum requirements: Central Shopping Business Center District July 7,2003 Board of Adjustment VAR 03-20:Fennel Page 3.6 From: Joe Fennel JAJ Properties, L.L.C. 1655 Woolsey Fayetteville, AR 72703 479-8834 home 521-0330 office To: Board of Adjustment City of Fayetteville Fayetteville, Arkansas Existing Structure: Office and Catering Kitchen 3 10 West Dickson Street C-3 zoned, Central Commercial 2400 s.f Proposed Structure: 2 Story Restaurant Around and over the existing Office and Catering Kitchen 11,394 sf Proposed Parking: Required @ 1/200 s.f 57 Spaces Credit for existing structure 6 spaces Pay in lieu of parking, $1,200 x 51 spaces $61,200 VARIANCE ISSUE: Paragraph 161.11 DISTRICT C-3 CENTRAL COMMERCUL C. Bulk and Area RggulAtions/Setbacks 5 ft. Setback from Street ROW The existing structure has concrete roof overhang along Campbell Street that projects out past the Street Right of Way., We plan to demolish this roof overhang back to the East face of the %existing building Along Campbell Street, the new East building wall will align with the existing structure along Campbell Street. This wall offset, from Campbell Street ROW will vary between 5 ft 2 inches to 3 ft 10 inches. We are requesting a variance of between 5 ft 2 inches to 3 ft 10 inches for the 2nd floo balconies alone this Campbell Street side The new South building lace seplack 6 ft from the Dickson Street ROW at ri e ;f�0 We are requesting a 6 ft.v e—nd floor balcoifies alonl! this Dickson Street side. Respectfally Submitted, Date all Id-3 e July 7,2003 Board of Adjustment VAR 03-20: Fennel Page 3.7 x 0 b Oz 40 Ovi 4 i H;d W= ng Ld OOMW d�. UW-09 4�.H w Do OW V 3nN3(%%! 113EIWVO- W VNVIVVI 313U.Z)NOD R4 July 7,2003 I oard of Adjustmen VAR 03-20:Fenne Page 3.8',