HomeMy WebLinkAbout2003-12-08 - Agendas 1208 boa 12/4/03 5:1 1
po� 1208 BOA 2X3.5
CITY OF FAYETTEVILLE
AGENDA NOTICE
BOARD OF ADJUSTMENT
Muni December 8,2003,3:45 p.m.
City Administration Building,Room 326
113 West Mountain
Fayetteugle,Arkansas
PUBLIC MEETING-OPEN TO ALL
The following Name wrill be considered:
Approval of minutes fram,the meeting of Nourember 3,2003.
N.Business;
1.VAN 03-32.00: Variance (Sp.docklFrench, pp 600)was
submitted by Justin Spudock and He*French for property located!at 1854 S.Gartand Avenue, The
property is zoned RNIF-24,Residential Mull-fainly,24 units per acre,and caroms apiercournately 1.56
acres The request is allov,construction of a single family residence on a non-,ionforming lot of record.
Rariner:Jeremy Pate
2. VAR 03-33.00:Variance(North Corner Apts.,pp 405)was submitted by Roteen Shimp,
Archbect on behalf of Hometown Propertles, LTD for property located on,the nortfavest comer of
beverett Avenue and North Street. The property is zoned RMF-24,Residential Multi-fainly,24 units per
acre end contains approzInnaftely 0.87 acres. The requirement is for 25sefloacks on the sureart frontage
on the enot and north sides. The request is for a 20'setback on the east frontage(F votaries)and a
15'setback on the north frontage(10'vanai Pl Jeremy Pare
3. VAR 03-34.00:Variance frine.tom Block Aide.,pp 445)vras submitted tyy Robed Sharp.
Architect,on behalf of Novena Investments,Inc.for property located!W the SW corner of College Avenue
and Trenton Avenue. The propery is zoned C-2,Thoroughfare Commercial and contains apprommi
ly 0.48 acress. The requirement is for 50setbacks along both the north and east street frontages. The
request is to allow 15'setbacks along the north ard east street frontages;(a 35'variance.)Planner.
Jeremy Pate
Al interested parties may appear and be heard at the public hearings. A copy of the proposed amend-
ments and other pediment data is open and available for inspection in the Office of City planning(575-
8267),125 Wast Mountain Street,Fayetteville,Arkansas. All interested parties we invited to revi'm the
petitions.
Intemefters or TDD for hearing impaired are available for all public meanings. 72 hour notice is regained
For further information or to request an interpreter,plessie call 575-8330.
120103 Board of Adj :03 PM Page I
1 120103 Board of Adj J.5
CITY OF FAYETTEVILLE
AGENDA NOTICE
130ARD OF ADJUSTMENT
Mmulate December 1,2003,3t45 p.m.
City Administration Building,Room 326
113 West Mountain
frayettevUle,Arkansas
PUBLIC MEETING-OPEN TO ALL
The following items will be considered:
Appro"I of minutes from the meeting of Norember 3,2003.
Nov,B.Amaz-
1.VAFI 03-32.00:Variance(SpurlocklFrench,pp 600)w submitted by Justin Stalulac,and
Ham, French for prop" located at 1854 S. Gerhardt Avemr . 71he property is zoned RMF-24,
Residential Multi-family;24 unifts per acre,and contains approxi ately 1.56 acres The request*a slow
construction of a single family esdence on a non-conformin ctol Planner.Jeremy Pate
2. VAR 03-33.00:Variance(North Comer Apts. p4051wassultruittedbyRobertSharp,
Architect on behalf of Hornetuyve Properties, LTD for roperty located on the borthwart corner of
Levereft Avenue and North Street. The prop"is zo d RMF-24.Residential Multi-family,24 units par
acre and contains approximat*0.87 acres. The uirennent is for 25setbacks on the street frontage
on the east and rofth sides. The request is for O'setback on the east frontage(5'varance)and a
15'setback an the north frontage(I Uvanan .Planner:Jeremy Pate
3. VAR 03-�.00:Variance fill ock Apts.,pp"5)were submitted by Robert Sharg,
Architect,on behalf of Navonalrivertments, no.for property located W the SW corner of College Avenue
and Trenton Avenue.Ilia property is zo C-2,Tharouglumm,Commercial,and contains approximately
0.48 acass,.Tho real on.1 js elbacks along both the north and e(, arrea,morrages. he
best a 'low,uir% onarf �35'varance.)Planner:
req 5 onto ck g the north and erbil street foutagess is
Jeremy Pate
Al interested panine may ap ar and be heard at the public hearings. A copy of the proposed
'may ap
amendments and other part ent data is open and wasable for inspection in the Office of City Planning
1
(57�8267),125 West Me an Street,Fayetteville,Areansas.At interested parres are invited to review
the petitions.
InterpronamorMDfor/ewng impaired are available for all public meetings, 72 hour notice is required.
N
For further informatic, or to request an interpreter,please call 576-8330�
120103 BSA 11/24/03 �L�age Z
20103 BSA 2x2.5
NOTICE OF PUBLIC HEARING
NOTICE 13 HEREBY GIVEN THAT T T HE
PROVISIONS OF THE CODE OF OR I E 'H Cl
OF FAYETTEVILLE,THE FOLLOVLqN I I BEEN
SET FOR A HEARING BEFORE F SIGN
APPEALS IN THE CITY ADMINI I No, 113
WEST MOUNTAIN STREET, RO 2 , F ILLE,
ARKANSAS,ON MONDAY,DECEMB R 1, 0 3 1: RM.
The folloviing items vrill be considem, :
1.SHIA 03-15.00:Sign Appeal[City of efte.fll./Dwkson
St., pp �)ma,submitted by the Cry a ayefteville for property located on the median at rho
intersection of Dickson St.and St.Charles . The proposal is to construct a 27 Sq.Ft.public sign in
the streat Rght of Way. Fanner.Suzanne organ
2.SNA03-16.00:Sign Appeal(III AMedi�iScienms/AHEC,ppl77)wwsubmtedby
Miss Hammon for property located at 907 E.Joyce Blvd. The property is zoned C-1,Neighborhood
COmmarcia). fhe proposed Is to con ruct additional direct onal signs within the site. Planner Suzanne
Morgan
At interested parties may apip r and be heard at the public hearings: A copy of the proposed
amendments and other gemin t data is open and available for inspection in the Office of City Plarring
(575-8267),125 West Moun n Street,Fayetteville,Arinareop. AJ interested pantes are invited to review
the Whims.
InterforetersorTDIDfor aring impaired we axvrlable for all pulac mestings. 72hour,oticeisrequirec.
For Wher informatio or to request an interpreter,please suit at 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, December 8, 2003,
at 3:45 p.m. in Room 326 of the City Administration Building, 113 West Mountain,
Fayetteville, AR, 72701.
Roll Call
The following items will be considered:
Approval of minutes from the meeting of November 3,2003.
New Business:
1.VAR 03-32.00: Variance(Spurlock/French,pp 600)was submitted by Justin Spurlock and
Haley French for property located at 1854 S. Garland Avenue. The property is zoned RMF-24,
Residential Multi-family,24 units per acre,and contains approximately 1.56 acres. The request is
allow construction of a single family residence on a non-conforming lot of record. Planner:
Jeremy Pate
2. VAR 03-33.00: Variance(North Corner Apts.,pp 405)was submitted by Robert Sharp,
Architect on behalf of Hometown Properties,LTD for property located on the northwest comer of
Leverett Avenue and North Street. The property is zoned RMF-24,Residential Multi-family,24
units per acre and contains approximately 0.87 acres. The requirement is for 25'setbacks on the
street frontage on the east and north sides. The request is for a 20' setback on the east frontage
(5'variance)and a 15' setback on the north frontage(10' variance).Planner: Jeremy Pate
3. VAR 03-34.00: Variance(Trenton Block Apts.,pp 445)was submitted by Robert Sharp,
Architect, on behalf of Navona Investments,Inc. for property located at the SW comer of College
Avenue and Trenton Avenue. The property is zoned C-2, Thoroughfare Commercial,and
contains approximately 0.48 acres. The requirement is for 50'setbacks along both the north and
east street frontages. The request is to allow 15' setbacks along the north and east street frontages
(a 35' variance.)Planner: Jeremy Pate
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 BOA Meeting of December 08, 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: Jeremy Pate,Associate Planner
DATE: November 25, 2003
VAR 03-32.00: Variance(Spurlock/French, pp 600)was submitted by Justin Spurlock and
Haley French for property located at 1854 S. Garland Avenue. The property is zoned RMF-24,
Residential Multi-family, 24 units per acre, and contains approximately 1.56 acres. 'fhe request
is allow construction of a single family residence on a non-conforming lot of record. Planner:
Jeremy Pate
RECONEWENDATION:
Staff recommends approval of the requested 17.4-foot lot width variance as shown on the
attached site plan with the following condition(s):
1. The proposed development shall comply with all development regulations for a
single-family home in the RMF-24 zoning district.
2. No more than 1 single family dwelling unit shall be constructed on this site.
3. A building permit shall be obtained for this project prior to commencement of any
work
4. Any work within the floodplain shall require a separate Floodplain Development
permit.
BACKGROUND:
Property description: The subject property is located at 1854 S.Garland Avenue,between l5ffi
Street and Cato Springs Road. The site is zoned RMF-24, and is surrounded by 1-1, Light
Industrial/Heavy Commercial Zoning. Old railroad property exists to the north of the subject
K.Repor&VOWWOA REPOM112-01-031VAR 03-32.00(Spurbck-French).doc December 08,2003
Board of Adjustment
VAR 03-32.00(Spurlock/French)
Page 1.1
property. The lot was platted prior to current zoning regulations which call for a minimum 60
feet of frontage for a Single Family use. The site contains a total lot area of 1.56 acres and meets
all other bulk and area requirements for a lot in the RMF-24 zoning district.
Proposal: The applicant is requesting a 17.4' variance for a 42.6' frontage for a single family
residential unit, rather than the 60 feet required by zoning regulations in the RMF-24 zoning
district. The purpose is to eventually construct a single family residence on the lot. The existing
lot width was platted prior to current bulk and area zoning regulations.
Ordinance Requirement Applicant's Request
Lot wi 42.6' (a 1 .4' variane:e:l :�
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Abandoned railroad property, old I-1, Light hidustrial/Heavy Commercial
Levi Strauss factory
South Duplexes, Single family homes, RMF-24, Res. Multifamily, 24 DU/Acre
apartments, Head Start, 1-1,Light Industrial/Heavy Commercial
East Vacant, industrial uses 1-1, Light Industrial/Heavy Commercial
West Vacant, Cement company, 1-1,Light Industrialffleavy Commercial
GENERAL PLAN DESIGNATION Mixed Use
§ 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 owned as an individual lot without adjacent property
under common ownership. The lot was created prior to the adoption of
current zoning regulations.
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 not allow any dwelling to
be constructed on the existing lot. The applicant is requesting a variance for
K-TeporW2003WOA REPORM12-01-031VAR 03-3200(Spurbck-French).doc December 08,2003
Board of Adjustment
VAR 03-32.00(Spurlock/French)
Page 1.2
minimum lot width for the development of a single family home on the parcel
in question.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The lot size is not the result of actions of the applicant. The lot was platted
with 42.6' prior to current zoning regulations and ownership by 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 lot width variance will not confer special privileges.
The use of the property for single family residential development as indicated
by the applicant is permitted within the RMF-24 zoning district. All bulk
and area regulations with the exception of lot width are to be accommodated
with the proposed project.
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 other 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,December 08,2003.
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.
K.V?eports�2003WOA REPORTY12-01-031VAR 03-32.00(Sp�bck-French).doc December 08,2003
Board of Adjustment
VAR 03-32.00(Spurlock/French)
Page 1.3
Finding: The requested lot width variance is the minimum variance necessary to
accommodate single family residential use.
b. Harmony with General Purpose. The Board of Adjustment shall further
make a finding that the granting of the variance will be in harmony with
the general purpose and intent of Zoning, Chapters 160-165, and will not
be injurious to the neighborhood, or otherwise detrimental to the public
welfare.
Finding: Granting the variance 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.
C. 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.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under Zoning
in the district involved,or any use expressly or by implication prohibited
by the terms of the zoning regulations in said district.
Finding: The proposed use is single family residential,a use permitted by right in the
RSF-4 zoning district.
K.-WeporAI2003180,4 REPOR TS112-01-031VAR 03-32.00(Spurbck-French).doc December 08,2003
Board of Adjustment
VAR 03-32.00(Spurlock/French)
Page 1.4
161.13 District PJVIF-24,Residential Multi- [Professional offices, 1 acres
Family-Twenty-Four Units Per Acre
(A) Purpose. The RW-24 Multi-farnily
Residential District is designed to pennit and
encourage the developing of a variety of dwelling (3) Land areaper dwelling unit.
types in suitable environments in a variety of
densities. Manufactured home 3,000 sq.ft.
Apartments:
(B) Uses. *No bedroom 1,700 sq.ft.
*One bedroom 1,700 sq.ft.
eTwo bedroom 2,000 sq.ft.
(1) Permitteduses. _Eraternity or Sorority 1,000 sq.ft.per resident
Unit I ity-wide uses bx NO (E) Setback requirements.
a
Unit 9 Two-family dwellings 11 Front Side Rear
Unit 10 Three-family dwellings 11 25 ft. 8 ft. 1 25 ft.
Unit 26 Multi-family cl�� A
(2) Conditional uses. Cross referenoe(s)-Varian�,Ch. 156.
Unit 2— Ci -w de uses bycondifional use permit (F) Height regulations. Any building which
Unit 3 Public proteefion and tifility facilibes exceeds the height of 20 feet shall be set back from
Unit 4 Cultural and recreational facilities any side boundary line an additional distance of
Unit I I Manufactured home park one foot for each foot of height in excess of 20
Unit 25 Professional offices feet.
Unit 24 Home occupations
Unit 36 Wireless communications facilifies (G) Building area None.
(Code 1965,App.A-,An.5(ffl);Ord.No.2320,4-6-77;Ord.No.
(C) Density- 2700,2-2-8 1;Code 1991,§160.033;Ord.No.4100,§2(Ex.A),6-16-
98;Ord.No.4178,8-31-99)
Units per acre 4 to 24
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 10oft.
Lot within a Manufactured 50 ft.
W" — on
Two-family 60 ft.
Three or more 90 ft
Professional offices 100ft.
(2) Lot area minimum.
Manuia-etured home park 3 acres
Lotwithin a mobile home park 4,200 sq.ft.
Townhouses:
*Development 10,000 sq.ft-
*individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 7,000 sq.ft.
Three or more 9,000 sq.ft.
Fraternity or Soror4 2 acres
K.-V?eportsL20031B0A REPORTS[12-01-03WAR 03-32.00(Spurbck-French).doc December 08,2003
Board of Adjustment
VAR 03-32.00(Spurlock/French)
Page 1.5
2-(-j�-30
Justin Spurlock& Haley French
1864 S. Garland
Fayetteville, AR 72701
October 27, 2003
Fayetteville Board of Adjustment
Fayetteville, AR.
Dear Board Members,
We would like to construct a single family residence on a non-conforming
lot of record located at 1854 S. Garland, Fayetteville, Arkansas.
The street frontage is 42.66 feet by deed record.
Yours truly,
Justin Spurlock& Haley French
F7ZR mber 08,2003
Ci,-_ ard of Adjustment
;VAR 63_32:'01 6(�Spurlock/French)
Page 1.6
PLAT OF SURVEY
07Lis for the for
It a No= And
943 th�
JUSTIN SPURLOCK
HAILEY FRENCH
50 100'
SCALF--I—IW
LECEIND
0 FO�D�ONPLV
�aavp�
X—FEVCE
C, —91-IL
C4
—,s— 10.6 1.56 ACRES
PRO��D
STORY
F�E—
SW MR I NMS4-05�W 702.17-
sw�WA
LEGAL DESCRIPTION
SW MR A part of the N112 of the SW114 of the SWI14 of Section 1`1
SWI/4-SWV4 Township 16 North,Range 30 West,being more parti..lerl;
L-16%. described as follows.,
Beginning at the Southwest comer of said 20 acre tract and
running thence N2*45'29"E 42.67 feet along th W 'no of
said 2d acre tract-,thence leaving said West lin:an,87trunnIng
N83*30'32"E 704.0 feet along the South Pne�hcf,.the old
SAS
t railroad property; thence leaving said Sou ine an
running South 152.0 feet;thence N87034'05"W MAT feet to
the point of beginning,containing 1.56 acres,more or less,
City of Fayetteville,Washington County,Arkansas.
Subject to the Garland Street tight-of-way along the West
line and any other easements and/or right-of-ways of record.
N
FLOOD CERTIFICATION: The
hamin described tract is in a
non-flooded avea and not REC171VED
within the 160- year- flood
plain. Per FIRM Map No. Basis for Bearings: Quit Claim ou 2 7
06143C 0094C.dated 949-91. Deed filed 2002116964 in the
SURVEYORIS CERTIFICATION: I hereby office of the Circuit Clerk and Ex- ' DIV.
certify that I have surveyed the herein officlo Recorder, Washington Pul
described tract and that the Property County,Arkansas.
lines and comer monuments am, to the REVISED: IO/Z7/03
best of my knowledge and ability, V,,yNG,LN.C. OATE: 1016/03
comedy established as shown.Also,any JFAIIMVS SUR
easements anclior roachments
. so Cancers 9�AW 3y WCJ December 08,2003
revealed shown 1552 CWAX
hereon. ify, FAYEMMLLE,�M03 FE-9 500� aso
61 . Board of Adjustment
klyllc�A (47.9)521-5251 ------
WILLIAM C.JENKINS Fk�SrO-b" �05 U.5 N7,qW.32.00(Spurlock/French)
Page 1.7
VAR03-32.00 SPURLOCK/FRENCH
Close Up View
-24
F-24
if
P�G�v S
P=Gm:W
--------------------
--------- --
------------
------------------------ -7rT
---------------- ----------
SUBJECT PROPERTY
RMF-24
NOT
O]R
-4�
RSF
RMF-
EM
Overview Legend Boundary
Subject Property —�— larming,Area Master Street Plan
P-skaoFreeway/Expresway
VAR03-32.00 P
9,0 Overlay District
.Oi
Streets I City Limits 4w%.,,*Principal Arterial
Existing Outside City Minor Arterial
Collector December 08,2003
Board of Adjustment
14r,\Planned Historic Collector
0 75 150 300 450 600 R 03-32.00(Spurlock/French)
Feet Page 1.8
FAYETTEVILLE BOA Meeting of December 08, 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: Jeremy Pate, Associate Planner
DATE: December 02, 2003
VAR 03-33.00: Variance(North Corner Apts.,pp 405)was submitted by Robert Sharp,
Architect on behalf of Hometown Properties, LTD for property located on the northwest comer
of Leverett Avenue and North Street. The property is zoned RMF-24, Residential M'ulti-family,
24 units per acre and contains approximately 0.87 acres. The requirement is for 25'setbacks on
the street frontage on the east and north sides. The request is for a 20' setback on the east
frontage(5' variance)and a 15' setback on the north frontage(10' variance). Planner: Jeremy
Pate
RECOMMENDATION:
Staff recommends approval of the requested setback variances with the following
condition(s):
1. The proposed development shall comply with and be permitted pursuant to all
development regulations in the RMF-24, Residential Multi-family zoning district.
2. Buildings within the proposed development shall adhere to the character,materials
and overall intent as presented with the applicant's building elevations filed in the
Planning Division.
3. Setbacks shall be measured from the Master Street Plan rights-of-way,pursuant to
§166.18 of the Unified Development Code.
K--iReporW2003W0A REPORTS112-08-031VAR 03-33-00(Nork Cornff Apts).doc December 08,2003
Board of Adjustment
VAR 03-33.00(North Corner)
Page 2.1
BACKGROUND:
Property description: This property is located at the northwest comer of North Street and
Leverett Avenue. The zoning is RMF-24, Residential Multi-family, 24 units per acre,which
requires 25' front setbacks along all rights-of-way. The subject property has three fronts: south
onto North Street(Principal Arterial), east onto Leverett Avenue(Collector) and north onto
Hazel Street(Local). Zoning and land use surrounding the property is multi-family in nature,
with the exception of the North Street Church of Christ to the east,across Leverett Avenue.
Proposal: The applicant is proposing a nineteen unit complex in two buildings(44 bedrooms)to
face onto Hazel Street and Leverett Avenue,with one-way parking ingress from Hazel Street and
egress onto North Street. The structures have been situated so as to minimize disturbance and
removal of several on-site trees, including a 36-inch Sycamore tree. Due to the preservation
requirements of this particular tree in meetings with the City Landscape Administrator, in
combination with the Master Street Plan setbacks,the applicant feels the site is rendered
unsuitable for a reasonable structure to be constructed.
Request: The applicant requests variances from the 25' building setbacks along Hazel Street
Street and Leverett Avenue to accommodate the proposed structures as presented in the site plan.
Location Ordinance Requirement Applicant's Reques
Hazel Street 25' 15' (a I , variance)�E]
Leverett Avenue 25' 20' (a 5
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Apartment complex RMF-24,Res. Multi-family, 24 DU/acre
South North Street,rental properties RMF-40, Res. Multi-family,40 DU/acre
East North Street Church of Christ RMF-24, Res. Multi-family,24 DU/acre
West Single Family Residential,Barber RMF-24,Res. Multi-family, 24 DU/acre
shop R-0, Residential Office
GENERAL PLAN DESIGNATION
FINDINGS: The General Plan 2020 designates this property Residential.
§ 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:
K.lReporisI2003WOA REPORM12-08-031VAR 03-33.00(Norh Cor�Apls).doc December 08,2003
Board of Adjustment
VAR 03-33.00(North Corner)
Page 2.2
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: This lot contains a large percentage of on-site and off-site tree canopy that
renders a portion of it unfeasible for building construction. The property
also contains three right-of-way frontages onto Hazel Street,Leverctt Avenue
and North Street,which are Local(25% Collector(35') and Principal
Arterial(55')streets, respectively.
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 allow construction based
on the Master Street Plan-established building setbacks, thereby creating the
need to remove additional trees to build the proposed structures. The Tree
Preservation Ordinance requires preservation of a minimum percentage of
tree canopy,with "significant trees" being of high importance. The 3611
Sycamore proposed to remain is classified as a significant tree, and a great
deal of discussion between the applicant and Planning Staff to save this tree,
along with canopy of other trees,has achieved a compromise that Staff finds
will not deprive the applicant of rights to develop, should the variance be
granted.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special circumstances and conditions do not result from the actions of
the applicant. The lots in question were zoned and platted prior to current
Zoning regulations. The applicant's proposal does create the need for a
variance, however.
4. No Special Privileges. 'fhat granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165,to
other lands, structures, or buildings in the,same district.
Finding: Granting the requested variance will allow this applicant the ability to locate
a structure within an area that could currently only be used for parking,
landscaping,etc. The proposed structures could potentially be sited on the
property in a different configuration, meeting all zoning requirements.
However,the preservation of significant tree canopy could not be met.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
K,iRepor&L?0031B0A REPORM12-08-031VAR 03-33 00(Nork Cor�Apts).doc December 08,2003
Board of Adjustment
VAR 03-33.00(North Corner)
Page 2.3
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 uses were used as a basis for staff findings or
recommendations.
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 December 08,2003.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will
make possible the reasonable use of the land,building,or structure.
Finding: The reasons set forth in the application and stated in the applicant's letter
justify the granting of the setback variance. The variance requested is the
minimum variance necessary to facilitate reasonable use of the land.
b. 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 setback variance request will be in harmony with the
purpose and intent of§161 .13 zoning requirements. A setback reduction as
requested in this location will not be injurious or detrimental to the public
welfare.Rather, a greater percentage of trce canopy preserved and parking
located to the rear of the structures will provide a benefit to the community
in keeping with the goals and objectives of the Tree Preservation Ordinance.
C. 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.
K.-L'?eporfsI2003IB0A REPORTS112-08-031VAR 03-33.00(Nod,Cor�Apts).doc December 08,2003
Board of Adjustment
VAR 03-33.00(North Corner)
Page 2.4
d. No Variance Allowed. Under no circumstances shall the Board of Adjustment
grant a variance to allow a use not permissible under Zoning in the district
involved,or any use expressly or by implication prohibited by the terms of the
zoning regulations in said district.
Finding: The proposed residential uses are permitted by right in the RMF-24 zoning
district.
K.WeportWOOMOA RETORM2-08-031VAR 03-33.00(Nork CornffApts).doc December 08,2003
Board of Adjustment
VAR 03-33.00(North Corner)
Page 2.5
161.13 District RMF-24,Residential Multi- Fraternitv or Sorority 2 acres
Family—Twenty-Four Units Per Acre Professional offices 1 acres El
(A) Purpose. The PJVW-24 Multi-family
Residential District is designed to permit and
encourage the developing of a variety of dwelling
types in suitable environments in a variety of (3) Land areaper dwelling unit.
densities.
Manufactur d home 3,000 sq.ft.
(B) Uses. Apartments:
*No bedroom 1,700 sq.ft.
sOne bedroom 1,700 sq.ft.
(1) Permitteduses. oTwo bedroom 2,000 sq.ft.
Fraternity or Sorority 1,000 sq.ft.per resident
Unit 1 ity-wide uses by right (E) Setback requirements.
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-family dwellinis Front Side Rear
11 2W 8 ft. 1! 25 ft.
(2) Conditional uses. Cross refervace(s)—Varianx,Ch. 156.
Unit 2_ City-wide uses by condifional use permit (F) Height regulations. Any building which
Unit 3_ Public proteclion and utlity facilities
Unit 4 Cultural and recreational facilities exceeds the height of 20 feet shall be set back from
Unit 11 Manufactured home park any side boundary line an additional distance of
Unit 25 Professional offices one foot for each foot of height in excess of 20
Unit 24 Home occupations feet.
Unit 36 Wireless rommunications facilities
(G) Building area None.
(C) Density. (Code 1965,App.A.,Art.5(111);Ord.No.2320,4-6-77;Ord.No.
2700,2-2-81;Code 1991,§160.033;Ord.No.4100,§2(Ex.A),6-16-
Units per acre 4 to 24 98;Ord.No.4178,8-31-99)
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100ft.
Lot vWthin a Manufactured 50 ft.
home park
Single-family 60 ft.
Two-family 60 ft.
Three or more 90 ft.
Professional offices 10011t.
(2) Lot area minimum.
Manufactured home park 3 acres
Lotwithin a mobile home park 4,200 sq.ft.
Townhouses:
oDevelopment 10,000 sq.ft.
e1ndividual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-famiiy 7,000 sq.ft.
Three or more 9,000 sq.ft.
K.-V?eportsI2003IB0A REPOR7SA12-08-031VAR 03-33.00(Mork Corn�Apts).doc December 08,2003
Board of Adjustment
VAR 03-33.00(North Corner)
Page 2.6
November 15, 2003
R E G I S T E K E I
Dawn Warrick R01YERT SHARP,ARCHITECT,
Zoning and Development Administrator 52S SOUTH SCHOOL AVE I STE 220
City of Fayetteville, Planning Division FAYETTEVULE I AR �
P H0 N E;479.4 41.0 2 2 9
113 West Mountain Street FAX�4,79-44TS12,
Fayetteville, Arkansas 72701
RE: PROJECT DESCRIPTION
NORTH CORNER APARTMENTS
Dawn Warrick,
The proposed North Comer Apartment project is a two-building, nineteen-unit complex
to be located on the northwest comer of North Street and Leverett Avenue in Fayetteville.
The larger building will have fifteen units with 36 bedrooms and 19,077 gross square
feet. The smaller building will have four units with 8 bedrooms and 3 5 84 gross square
feet. (The previously existing houses at this location have already been removed from the
site.)
The requested variance concerns both the north and east building setback lines. The east
side setback variance request is for 5'-0", and the north side setback variance request is
for 101-011.
The reasons for the setback variance request are fully outlined in the letter to the Chair of
the Board of Adjustments,which accompanies this request.
Sincerely,
Robert Sharp, Architect
cc: File
December 08,2003
Variance Description.wps Nbodrcokmjustment
page I PffijtR MORN(Re"h Corner)
Page 2.7
November 14, 2003
FL F G I S T E R E D
Michael Green ROBWT SHA",ARCHITECT,,�
525 SOUTHLSC
Chair,Board of Adjustments _:O AVE 1 STE 22o
V1
FAYETTE AR
E G T E R E D
B P, A ,'_
E T L""' "C"'TECT
750 3C'00LAVE STE 220
5
T
City of Fayetteville -[FAYET ILLE
PHONE:479-442-0229
113 West Mountain Street F c 19 42'1/ t
Fayetteville, Arkansas 72701 FAX:419442-4112t
RE: SETBACK VARIANCE REQUEST
NORTH CORNER APARTMENTS
Dear Mr. Green,
The proposed North Comer Apartment project is a two-building, nineteen-unit complex
to be located on the northwest comer of North Street and Leverett Avenue in Fayetteville.
The larger building will have fifteen units with 36 bedrooms and 19,077 gross square
feet. The smaller building will have four units with 8 bedrooms and 3,584 gross square
feet. The project will include 29 parking spaces with the balance of parking requirements
provided by off-site parking.
a.) Special Conditions:
Although the site is largely canopied,the prize tree is undoubtedly the 36" Sycamore
which is centrally located on the southern half of the site. Meetings with Craig Carnagey,
the Landscape Administrator, have resulted in a positive preservation strategy. However,
the location of this rare and landmark tree, in combination with the building setbacks
from the Master Street Plan right-of-way render the south half of the site unsuitable for a
structure.
b.)Literal Interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district:
Due to this existing tree, and the extensive street frontage, literal interpretation of the
Tree Preservation and Setback Ordinances di'scourages development of a project that
places the built portion of the site near the street to create a vibrant streetscape while
screening the parking. Also, the granting of this setback variance request will allow a
built density closer to the allowable limits.
c.) The special conditions and circumstances do not result from the actions of the
applicant:
The 36" Sycamore matured among several existing structures that had grown dilapidated
over time. These have been removed, and cannot be replaced without excessive stress to
the tree. The desirable location of this property, at the prominent intersection of a
co. I.lector and arterial street mandate that the site be developed above single-family
residential density. The applicant wishes to develop the site to its best potential, and has
.not contributed to the obstacles to development.
December 08,2003
Revised B.O.A.Variance request.wps NqAkM)WeAdjustment
page I PrcVgM10MbW0V09th Corner)
Page 2.8
d.) Granting the variance will confer no special privileges:
Contrary to granting special privileges, the granting of variance will provide an
opportunity for a superior contribution to the conummity. The neighborhood would only
suffer if large parking lots were placed adjacent to the entire street front.
We have developed a site plan that uses the southern portion and the private-facing back
side of the site for parking. The two buildings are placed on the Leverett and Hazel street
fronts.
To provide adequate parking and access behind the buildings we request that the east
setback along Levereft Avenue be moved five feet to the east and the north setback along
Hazel Street be moved ten feet to the north. The granting of these variance requests can
serve to greatly enhance the value of this development to the surrounding community.
Sincerely,
Robert Sharp
Robert Sharp, Architect, Inc.
cc: File
December 08,2003
Revised B.O.A.Variance request.wps VOWIMMiustment
page 2 PfOJWt)NMb4r~Corner)
Page 2.9
765-03972-000
Mid-America Management
Associates, L.L.C.
P.O. Box 12
Fayeteville,AR 72 12—
765-14015-000
HK-ZCL
765-14015-002
765-14016-000 7
North Street Church of Christ L'5-�0-3-94;4C�o 1645.avxs-000 5.I+C> I s 002
764 W. North St.
LIC57140 15-
Fayetteville,AR 72,03 i(p5-031*4-000
4
0
765-10442-000 0
Joe&Rosalee Rouse I(P5 0 3 9 Q-
2502 Elizabeth 10 3 000
Fayetteville,AR 72703 -4
11 2
1 C-5-
039-10-000-
765-10305-000
Conrad & Virginia Kruaft -------
2603 Rosewood
Fayetteville,AR 72701
NO KT sT.
765-03970-000
Robert Martin
600 Overcrest IA=44?-000
Fayetteville,AR 72701 a 9 10
765-03968-000
766-03969-000
Randell Clevenger
1116 Storer
Fayetteville,AR 72703
I S T E R E D
765-03966-000 ROBERT SHARP.ARCHITECTw.
kndrew Shaeger 525 S66TH SCHOOL AVE-1 STI 220 NORTH
331 Hazel FAYETTEVILLE JAR
:ayeffeville,AR 72703 PHONE:479-442-0229
FAX:479-442-8721
December 08,2003
Board of Adjustrijent
tAR 03-33.00(North Corner)
11/07/2003 14:58 479442B721 ROBERT SHARP PAGE 02
November 6, 2PO3
KUBERT SHA".ARCHITE�T,�,
Captain Dannyl Farrar DO
Fire Marshall's!Office TAYETTE V1 1A R I AR
fire Preventiod Bureau 1�40NR�479-442-0219
115 South Chqch PAX;471-442,1111
Fayetteville, AR 72701 A..
Via fascimile: 1444-3447
RE; MEETI�G NOTES
NORTIJ CORNER APARTMENTS_-FIRE ACCESS DRIVES
LEVERIETT & NORTH,FAYETTEVILLE,AR
Dear Captain�arrar,
Thank you fat taking the time to meet with me Thursday afternoon regarding the driveway
widths for the �roposed North Corner Apartments.
if you see any!omissions or errors in my meeting summary, please contact me at Robert Sharp
Architect, Phobe: 442-0229.
These referenc(�es are from the 2000 international Fire Code:
D 102.1
Facilities mus�have an approved fire access road.
D 106.1
Multi-family 4aving more than 100 units must have 2 fire access roads. North Corner Project
has 19 units, tl�:erefoxe only one fire access road is xequircd.
D 103.1
A fire access c6ive adjacent to a hydrant must be 26'-0" width, minimum.
D105.1 e or wider to
Buildings tallir than 30'-0" width must have at least one access drive 26'-0" wid
accommodate!aerial apparatus. (No overhead utility and power lines.)
D105.3
At least one of the required access routes meeting this condition shall be located within a
minimum of l5 feet and a maximum of 30 feet from the building, and shall be positioned parallel
to one entire ide of the building.
N orEh Comer Apartments 403Member 08,2003
meeting Notes 0,ire Dept Access.wps November O'B99M of Adjustriterit
page I
VAR 03-33.00(North Corner)
Page 2.11
1.1/07/2003 14:58 4794428721 ROBERT SHARP PAGE 03
It is from this Ikst reference that we understand that Hazel or Leverett Ave can serve as a required
fire apparatus iccess drive, as long as the building is within 30 feet from the curb. It appears that
I
if a public streot is used as an access drive, signage may be required along the length of the curb
adjacent to thelbuilding.
Section 1)103.6 states:
"Whero required by the code official, fire apparatus access roads shall be marked with
permari,ent NO PARKING--FIRE LANE signs."
Is it your undeistanding that such signs would be required along Hazel and/or Leverett?
The curb of Hazel St. is currently within 30 feet of the building, but 2 parallel parking spaces
may heed to bi removed from the curb. The curb of Leverett Ave is currently over 40' from the
building, and N;6uld have to move. In addition, overhead power lines would have to be buried.
Therefore, Haiel appears to be a more feasible option-
If a fire hydraOt were located on the comer of Leverett and Hazel, it wouldbe within 250 feet of
all exterior wa)ls of both buildings.
Please review ibe enclosed site plan for compliance with 2000 International Fire Code.
I look forwar4 to hearing your comments to my understanding of the International Fire Code.
Thanks again tor taking the time to work with us on this project.
Sincerely,
Laura Kelly
Robert Sharp,;Architect, Inc.
cc: Dawn Warrick Fax: 575-8262
Bob S�hmitt Fax: 443-2252
Meeting Notes Hire Dept Access.vvps North Comer ApartmeAtS 90DWOmber 08,2003
November 013pM113of Adjustment
page 2 VAR 03-33.00(North Corner)
Page 2.12
VAR03-33.00 NORTH CORNER APARTMENTS
Close Up View
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VAR03-33.00 Planning Area Master Street Plan
Overlay District 4%el Freeway/Expressway
I City Limits 40keo Principal Arterial
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Existing Outside City 0 Collector December 08,2003
'Q�Planned Board-of Adjustment
-'%. Historic Collector V,LR 03-33.00(North Corner)
0 75 150 300 450 600
Feet Page 2.13
VAR03-33.00
NORTH CORNER APARTMENTS
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IM VAR03-33.00 Planning Area 4s%,lFM."y�Kasff.y
fillitto Pd.dP[An�[
Streets Coi Overlay District
Uiting L City Limits
=_ Outside City 000, Histmccoll�r December 08,2003
Planned
Board of Adjustment
Y 03-33.00(North Corner)
0 0.1 0.2 0.4 0.6 01iles r Page 2.14
FAYETTEVILLE BOA Meeting of December 08, 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: Jeremy Pate,Associate Planner
DATE: November 25,2003
VAR 03-34.00: Variance(Trenton Block Apts.,pp 445) was submitted by Robert Sharp,
Architect, on behalf of Navona Investments,hic. for property located at the SW comer of College
Avenue and T'renton Avenue. The property is zoned C-2,Thoroughfare Commercial, and
contains approximately 0.48 acres. The requirement is for 50'setbacks along both the north and
East Street frontages. The request is to allow 15' setbacks along the north and east street
frontages(a 35' variance.)Planner: Jeremy Pate
RECONLMENDATION:
Staff recommends approval of the requested setback variance with the following
condition(s):
1. The proposed development shall comply with and be permitted pursuant to all
development regulations in the C-2,Commercial Thoroughfare zoning district.
2. Setbacks shall be measured from the Master Street Plan rights-of-way,pursuant to
§166.18.Revised plans shall be submitted to the Planning Division correcting the
current discrepancy. College Avenue requires 55feet right-of-wayftom centerline as a
Principal Arterial and Trenton Blvd. requires 25feetfirom centerline as a Local Street.
Building setbacks are measuredftom these right-of-way lines.
3. Additional vegetation shall be required along street rights-of-way to meet the intent
of the setback reduction ordinance.
K.�Reports1200300A REPORM12-08-031V.41?03-34.00(Trenton Blocktpls).doc December 08,2003
Board of Adjustment
VAB 03-34.00(Trenton Block)
Page 3.1
BACKGROUND:
Property description: This property is located at the southwest comer of Trenton Boulevard and
College Avenue,north of Maple Avenue. It is zoned C-2, Thoroughfare Commercial,which
requires 50' front setbacks, 15' side setbacks(when adjacent to a residential district)and 20' rear
setbacks. The subject property has two fronts,onto College Avenue and Trenton Blvd.Zoning
and land use to the west is residential in nature,while the remainder of adjacent properties are
zoned and utilized commercially.
Proposal: The applicant is proposing a mixed-use,three-story building to include both
residential and commercial uses along College Avenue and Trenton Blvd. The proposal sites a
structure at the front of the lot, with parking located in the rear,to establish"an aesthetically-
pleasing,pedestrian-scale street front along College Avenue"and"create a more civic-minded
development."
Request: The applicant requests a variance from the required 50' building setback along Trenton
Blvd. and,College Avenue rights-of-way. By right,the Unified Development Code allows,a 25'
setback reduction with additional provisions for landscaping.
Locat on Ordinance Requirement A plicant's Request
College Avenue Setback 50'* 15' (a 35' variance)
Trenton Blvd. Setback 50'* 15' (a 3 ' variance)
Required setbacks may be reduced to 257eet in a C-2 district with additional vegetation (see below).
166.10 Buffer Strips And Screening
(4) Setback reduction. Required building setbacks may be reduced in accordance with the following table where
vegetation having a minimurn height of one foot six inches at the time of planting and occupying 10%of the
open area is instaHed and no off-street parking is provided in the remaining front yard.
zones I From 50 feet to 25 feet
I From 30 feet to 25 feet
11 1-2 zone I From 100 feet to 50 feet
SURROUNDING LAND USE AND ZONING
Land Use ZoniAg
North Strip Commercial R-0,Residential Office
South Strip Commercial C-2, Thoroughfare Commercial
East_ College Avenue(Hwy 71B) C-2, Thoroug4fire Commercial
west Single Family Residential RMF-24,Residential Multi-family, 24
units per acre
K.-Wepons12003W0A REPORTS112-08-031VAR 03-34-00(Trmton BlockApts).doc December 08,2003
Board of Adjustment
VAR 03-34.00(Trenton Block)
Page 3.2
GENERAL PLAN DESIGNATION: The General Plan 2020 designates this property
Community Commercial.
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: This lot contains a steeply sloping hillside that renders a portion of it
unfeasible for building construction. Single Family Residential properties
adjacent to the west create a need for buffering from the C-2 zoning district
in which this site is located.
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 only allow construction to
the rear of the existing lot,as noted in the attached graphic,thereby
rendering much of the site unbuildable.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The special circumstances and conditions do not result from the actions of
the applicant.
4. No Special Privileges. That granting the variance re quested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165,to
other lands, structures, or buildings in the same district.
Finding: Granting the requested variance will allow this applicant the ability to locate
a structure within an area that could currently only be used for parking,
landscaping, etc. The proposed structure could be sited on the property in a
different configuration,meeting all zoning requirements. The applicant
requests the setback variance for urban design and architectural reasons, not
to increase size,height or bulk.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures,
K.-WeporIsL7003WA REPORM12-08-031VAR 03-34.00(Trmton BlockApk).doc December 08,2003
Board of Adjustment
VAR 03-34.00(rrenton Block)
Page 3.3