HomeMy WebLinkAbout2004-04-05 - Agendas 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, April 5, 2004, 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 the minutes from the March 1,2004 meeting.
New Business:
1. VAR 04-07.00: Variance (Harps, pp 401)was submitted by Engineering
Services, Inc. on behalf of Clary Development for property located at Lot 8 of
Wedington Place Addition. The requirement is for a 20' rear setback. The
request is for a 0' rear setback (a 20' variance.)Planner: Suzanne Morgan
2. VAR 04-08.00; Variance (Sohraby,pp 295) was submitted by Bassett Mix &
Assoc. on behalf of Kazem Sohraby for property located at 2474 Fennehurch
Way. The property is zoned RSF-4, Residential Single-family, 4 units per acre.
The requirement is for an 8' side set back. The request is for a 7.89' side setback,
(a 0.11' variance),to accommodate an existing eave. Planner: Suzanne Morgan
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 April 05, 2004
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: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AlCP,Zoning&Development Administrator
DATE: March 30, 2004
VAR 04-07.00: Variance (Harps, pp 401)was submitted by E ngineering Services, hic. on
behalf of Clary Development for property located at Lot 8 of Wedington Place Addition. The
requirement is for a 20' rear setback. The request is for a 0' rear setback(a 20' variance.)
Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested 20-foot setback variance as shown on the
attached site plan with the following condition(s):
1. The proposed development shall comply with all conditions approved by the
Planning Commission for LSD 04-05.00.
2. The current owner(s) or authorized agent signature shall be required on the
submitted variance application.
BACKGROUND:
Property description: The applicant has received approval from the Planning Commission to
construct a 31,118 s.f. Harps grocery store on lot 8 of Wedington Place Subdivision Phase H
located north of Wedington Dr. and east of Colorado Drive. This property and the property to
the cast is currently vacant and zoned C-2, Thoroughfare Commercial. The applicant requests a
zero rear setback along the eastern property line so future development to the east may adjoin this
structure. The large scale development was approved with a condition that a variance for a rear
lot line setback of 0' be approved by the Board of Adjustment prior to issuance of a building
permit.
K-WeportsL7004WOA Repor&104-05-041VAR 04-07.00 Harps.doc April 05,2004
Board of Adjustment
VAR 04-07.00(Harps)
Page 1.1
Proposal: The applicant proposes to construct a Harps grocery store on lot 8 of Wedington Place
Subdivision Ph. H with a rear lot line of 0' (a variance of 20'). The purpose is to allow for future
construction of an adjoining commercial structure on the lot cast of the subject property.
I Ordinance Requirement Applicant's Request
Rear Setback 20' 0' (a 20'
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Vacant RMF-24, Residential Multi-family,24
units per acre
South Sonic C-2, Thoroughfare Commercial
East Vacant C-2, Thoroughfare Commercial
West Single family and duplexes RMF-24, Residential Multi-family, 24
Arvest Bank units per acre
C-2, Thoroughfare Commercial
GENERAL PLAN DESIGNATION 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: The subject property is zoned Thoroughfare Commercial within a partially
developed commercial subdivision. It is the western-most lot of three tracts
of land that span from Colorado Drive to Steamboat Drive. The middle lot
may develop with 01 side setbacks to the east and west resulting in a 20' gap
between the structures on each lot. It is common for large tracts of
commercial property within the City to develop with one large structure
shared by several tenants spanning over multiple properties. The
configuration of lots along two rights-of-way and the owners' desire that all
structures adjoin to form a "strip mall" configuration is not a circumstance
unique to this situation.
K-TeportA20041BOA ReporW04-05-041VAR 04-07.00Harps.doc April 05,2004
Board of Adjustment
VAR 04-07.00(Harps)
Page 1.2
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 a structure on
this property to adjoin adjacent development to the east. The applicant is
requesting a variance for rear setback for the development of a grocery store
within a cluster of commercial development.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: , The circumstance which has arisen does not result from the actions of the
applicant. A large scale development plan was approved for lot 8 and the
adjoining lots for an attached retail strip center in 1999. The applicant
received an extension of Planning Commission approval for the development
prior to the I year expiration date; however, construction did not begin prior
to 2001. The applicant is proposing a grocery store on the same lot as the
previous development proposal, but by developing this lot independently
from the others a rear setback is required.
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 rear setback variance will not confer special
privileges. The proposal for a zero rear setback to allow for the development
of a retail center reflects the proposal of the previously approved large scale.
Should a large scale development for lot 3RB to the east not submit a large
scale plan at the time the applicant requests a building permit, the structure
shall be required to meet all commercial design standards for the eastern
fa�ade. All bulk and area regulations with the exception of rear setback are
to be accommodated with the proposed development.
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.
K.,V?eportsI2OO4I8OA Reror&104-05-041KAR 04-07.00 Harps.doc April 05,2004
Board of Adjustment
VAR 04-07.00(Harps)
Page 1.3
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,April 05,2004.
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 requested rear setback variance is the minimum variance necessary to
accommodate attached retail structures.
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 harmonymith the general purpose and
intent of zoning regulations and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare. Should development occur on
the lot 3RB with a zero side setback to the west, it would result in a 20' gap
between that structure and Harps.
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 neighborhood shopping goods, a use permitted by right
in the C-2 zoning district.
K.MeponsL7004180A ReportsAO4-05-041VAR04-07.00Harps.doe April 05,2004
Board of Adjustment
VAR 04-07.00(Harps)
Page 1.4
161.17 District C-2,Thoroughfare
Commercial
(A) Purpose. The Thoroughfare Commercial (F) Height regulations. In District C-2 any
District is designed especially to encourage the building which exceeds the height of 20 feet shall
functional grouping of these commercial be set back from any boundary line of any
enterprises catering primarily to highway travelers. residential district a distance of one foot for each
foot of height in excess of 20 feet. No building
(B) Uses. shall exceed six stories or 75 feet in height.
(1) Perinitteduses. (G) Building area. On any lot,the area occupied
by all buildings shall not exceed 60%of the total
Unit 1 City-wide uses by right area of such lot.
Unit 4 Cultural and recreational facilities
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 17 Trades and services
Unit 18 Gasoline service stations & drive-in
restaurants
Unit 19 Commercial recreation, small sites
Unit20 Commercial recreation, large sites
Unit33 Adult live entertainment club or bar
Unit 34 1 Liquor store
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit2l Warehousing and wholesale
Unit28 Centerfor collecting recyclable materials-
Unit 32 Sexually oriented business
Unit35 Outdoor music establishments
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front 5o ft.
Side None
Side,when contiguous to a residential 15 ft.
district
Rear 20 ft.
KlReportsL7004100A ReporisiO4-05-041VAR04-07.00Harps.doe April 05,2004
Board of Adjustment
VAR 04-07.00(Harps)
Page 1.5
Engineering Services, Inc.
1207 S. Old Missouri Rd. - P.O. Box 282 - Springdale,Arkansas 72765-0282
Phone: 479-751-8733 - Fax: 479-751-8746
February 17, 2004
Planning and Development
City of Fayetteville
1]3 W. Mountain St.
Fayetteville, AR 72701
RE: Clary Development L.S.D., Variance
Fayetteville, AR
To Whom It May Concern:
We are requesting a variance for a zero foot rear building setback for the Clary Development L.S.D. A
proposed building will be approximately 31,118 sq. ft. There are no existing buildings or structures on the
subject property-
If you have questions or need additional information, please give me a call.
Sincerely,
Jason Appe
Z o
April -5',2004
ioar-d7o-f AAjulstlment
Consulting Engineers and Surveyors VAR 04-07.00(Harps)
Jerry W.Martim F.E. E.Walt LeFevre,RE. PhiliP C.Hurnbard,RE,P.L.S. Brian J.Moort,F.E.
President Senior Vice President Vice President Secretary/Trewurer
Engineering Services,-Inc.
1207 S,Old Missouri Rd. - P.O. Box 282 Springdale,Arkansas 72765-0282
Phone: 479-751-8733 - Fax: 479451-8746
February 17, 2004
Chair of the Board of Adjustment
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
RE: Clary Development L.S.D., Variance
Fayetteville, AR
To Whom It May Concern:
We are requesting a variance for a zero foot rear building setback for the Clary Development L.S.D.
A. The special condition that exists is that the proposed building is going to be a part of a
fijture shopping center.
B. All other lots in this shopping center will have zero foot building setbacks.
C. The applicant has not taken any action to develop this property.
D. If this variance is granted, the applicant will not have any special privileges that any other
building in this same district will have.
If you have questions or need additional information,please give me a call.
Sincerely,
Jason Appel, E.I.
Apyil 0.5t 2004
I Board of Adjustment
Consulting Engineers and Surveyors VAR 04-07.00(Harps)
Jerry W.Martin,PE. E.Walt LeFevre,RE. Philip C Hunnhard,PE.,P.L.S. Unan J.Moore,RE.
OA President Senior Vice President Vice President Secretary/Treasurer
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FAYETTEVILLE PC Meeting of March 08, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:501-5754264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P.,Zoning& Development Administrator
DATE: March 1, 2004
LSD 04-05.00: Large Scale Development(Clary Development/Harps,pp 401)was submitted
by Brian Moore of Engineering Services, Inc. on behalf of Clary Development Corporation for
property located at Lot 8 of Wedington Place Addition. The property is zoned C-2,
Thoroughfare Commercial, and contains approximately 4.61 acres. The request is to approve the
development of a 31,118 sq.ft. commercial building with 163 parking spaces proposed. Planner:
Suzanne Morgan
Findings:
Proposal: The applicant proposes to construct a 31,118 s.f. Harps grocery store on lot 8 of
Wellington Place Subdivision Phase H located north of Wedington Dr. and east of Colorado
Drive. This property is currently vacant with no existing trees and is zoned C-2, Thoroughfare
Commercial. The applicant has submitted a request to the Board of Adjustment for a zero rear
lot line to the east of the lot so that future development to the east may adjoin this structure. The
applicant shall process an application to vacate the existing 35' drainage easement located in the
northwest comer of the property and the 20' utility easement located along the eastern property
line. These easements were dedicated with the approval of Wellington Place Subdivision Ph. 11
final plat-
Surrounding Land Use/Zoning
Direction Land Use Zoning
North Vacant RMF-24, Residential Multi-family, 24
units per acre
South Sonic C-2, Thoroughfare Commercial
East Vacant C-2, Thoroughfare Commercial
West Single family and duplexes RMF-24, Residential Multi-family, 24
Arvest Bank units per acre
C-2, Thorouahfare Commercial
Right-of-way heing dedicate& None. Colorado Drive, a local street on the Master Plan, is an
existing 55' right-of-way.
Street Improvements: None
F_tRepor�120041PC,ReponskO3-08-04VSD 04-05.00 Clary D�elavment-Harpadoc April 05,2004
Board of Adjustment
VAR 04-07.00(Harps)
Page 1.10
LSD 04-05.00
Page 2
Adjacent Master Street Plan Streets: Colorado Drive(local)to the east and Wedington Drive
(principal collector)to the south,and Tahoe Place(local), a drive into the subdivision, to the
south.
Design Overlay District. The Design Overlay District boundary does not encompass any portion
of the subject property; however, it does overlay a portion of the subdivision. The approved final
plat states that any signage for all lots shall conform to the Design Overlay district standards for
monument signage. No freestanding signage is proposed at this time.
Tree Preservation: A waiver for submitting a tree preservation plan has been reviewed and
approved. There are no existing trees on this site.
Recommendation: Staff recommends forwarding LSD 04-05.00 to the full Planning
Commission with the following conditions:
Conditions to Address/Discuss:
I. Planning Commission determination and approval of Commercial Design Standards.
The applicant has proposed an alternate eastern elevation should an adjacent
structure not be installed within the parameters ofcondition #2.
2. If at the time of building permit approval the property to the east has not submitted a
complete large scale development application showing an adjoining structure to
Harps,the developer of lot 8 shall construct an eastern facade that complies with
commercial design standards.
3. Drainage easement to be dedicated for the proposed storm sewer main grated inlet off
of street to cover pipe to detention pond.
4. Show the existing 10' utility easement on each side of the cast property line
(proposed to be vacated).
5. Compactor pad shall comply with requirements as determined by the Solid Waste
Division.
6. Variance for a rear lot line setback of 0' (a 20' variance) shall be approved by the
Board of Adjustment prior to issuance of building permit.
7. Vacation of the 35' drainage easement and 20' utility easement along the east
property line shall be approved prior to issuance of building permit.
8. An easement plat shall be filed prior to issuance of building permit.
9. A 24' wide drive isle along the eastern property line of the parking lot shall be
constructed to include property off-site.
10. Wall signage shall comply with the provisions of Chapter 174: Signs and the Unified
K--lReport,12004�PC Reports W-08-04 ILSD 04-U 00 Clary Development-Harps.d6c April 05,2004
Board of Adjustment
VAR 04-07.00(Harps)
Page 1.11
LSD 04-05.00
Page 3
Development Code.
11. Freestanding signs shall conform to the Design Overlay District standards for
monument signage.
12. Bicycle racks shall be comply with all requirements as specified in Chapter 172.10.
13. The plat shall be revised to show correct zoning designations for parcel 765-21702-
000 as RMF-24.
14. Surveyor's signature and seal shall be included on the plat.
15. No structures shall be located within an easement.
Standard Conditions of approval:
16. One copy of final construction drawings showing tree preservation and protection
plans,and detailed landscape plans submitted to the Landscape Administrator.
17. An on-site inspection by the Landscape Administrator of all tree protection measures
before any land disturbance begins.
18. Parking lot lighting shall be shielded and directed away from adjoining properties and
utilize high pressure sodium lighting or energy equivalent.
19. All mechanical/utility equipment shall be screened using materials that are
compatible with and incorporated into the structure.
20. Trash enclosures shall be screened with access not visible from the street,with
materials compatible with and complimentary to those of the associate building.
21. 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, SVvIBT, Ozarks, SVVEPCO, Cox Communications)
22. 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.
23. Large scale development shall be valid for one calendar year.
24. 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.Weporo,12004 LPC Reports W-08-04 VSD 04-05.00 Clary Derelopment-Ha'Ps.oloc April 05,2004
Board of Adjustment
VAR 04-07.00 011arps)
Page 1.12
LSD 04-05.00
Page 4
C. Project Disk with all final revisions
d. Completion of all required improvements or the placement of a surety
with the City Oetter 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
25. Additional conditions:
a. LM&+aj t4i�4& kkstfape� tine, s6U Ix ;nw4k.1 -6 r4,d 4ke, rnXnmAm
b.
C.
PLANNING COMMISSION ACTION: __yes Required
Date: March 08,2004 --)�—Approved Denied
Comments:
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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.-TeportA2004 IPC Repods103-08-04 TSD 04-05.00 Clary Developwnt-Harps dac April 05,2004
Board of Adjustment
VAR 04-07.00(Harps)
Page 1.13
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FAYETTEVILLE BOA Meeting of April 05, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(47�)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Suzanne Morgan,Associate Planner
THRU: Dawn Warrick, AICP, Zoning&Development Administrator
DATE: March30, 2004
VAR 04-08.00: Variance (Sohraby, pp 295) was submitted by Bassett Mix &Assoc. on behalf
of Kazern Sohraby for property located at 2474 Fennchurch Way. The property is zoned RSF-4,
Residential Single-family, 4 units per acre. The requirement is for an 8' side set back. The
request is for a 7.89' side setback, (a 0.1 F variance), to accommodate an existing eave. Planner:
Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested 0.111 setback variance as shown on the
attached site plan with the following conditions:
1. No development shall occur on any existing casement.
BACKGROUND:
Property description: The subject property located at 2474 Fennchurch Way in Covington Park
Subdivision and is zoned RSF-4, Residential Single-family,4 units per acre. The variance
request results from a single family home that was built with an 8.0 square feet portion of the
southwest comer encroaching into a 10' utility easement along the south property line. The
resulting distance from the eave to the side property line is 7.89'. Once the encroachment into
the utility easement and side setback was discovered,the proper application and notification
forms to utility companies and the City were submitted to request vacation of said casement and
variance to the setback requirement. On March 22, 2004,the Planning Commission
recommended approval to the City Council for the vacation. This request has been forwarded to
the City Council and will be heard on April 20, 2004.
X lReports12004WA ReportsI04-05-04WAR 04-08.00 Sohrabydoc April 05,2004
Board of Adjustment
VAR 04-08.00(Sohraby)
Page 2.1
Proposal: The applicant requests a side setback of 7.89' (a variance of 0.1 V). The purpose is to
allow for the existing structure to conform to required setback regulations.
Ordinance Requirement Applicant's Request
Rear Setback 8' 7.89' (a 0.1 V variance)
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family residential RSF-4, Residential single-family,4 units/acre
South Single family residential RSF-4, Residential single-family,4 units/acre
East Single family residential RSF-4,Residential single-family, 4 units/acre
West Single family residential RSF-4, Residential single-family,4 units/acre
GENERAL PLAN DESIGNATION: 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:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: The existing single family structure was constructed with a portion
encroaching within the utility easement and side setback. While the
applicant was in the process of vacating the utility easement, it was found
that the structure also encroached the side setback. A variance will allow the
home to be compliant with all 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 prohibit the existing
structure from zoning compliance and may limit future development on the
property.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
K.Weports12004DOA Reports104-05-041VAR 04-08.00 Sohrabydoc April 05,2004
Board of Adjustment
VAR 04-08.00(Sohraby)
Page 2.2
Finding: The circumstance which has arisen does not result from the actions of the
applicant, but was an oversight in the construction of the existing home.
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 side setback variance will not confer special
privileges on the applicant. No development shall occur within the remaining
10' utility easement. All bulk and area regulations with the exception of the
side setback are to be accommodated with the existing development.
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,April 05,2004.
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 requested side setback variance is the minimum variance necessary to
accommodate the existing structure.
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.
KAReportsI2004WOA ReporM04-05-041VAR 04-08.00Sohrabydoe April 05,2004
Board of Adjustment
VAR 04-08.00(Sohraby)
Page 2.3
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 existing is single family residential,a use permitted by right in
the RSF-4 zoning district.
K.WeportsUOOMOA Repor&W-05-041VWR 04-08.00 Sohrabydoc April 05,2004
Board of Adjustment
VAR 04-08.00(Sohraby)
Page 2.4
MAR-31-2004 WED 01:49 PM DYKES BASSETT MIX FAX NO, 5016M(398 P, 02
B A QSETTMIX
I 1�1-) - - I
AND ASS 0 CI AT FS, INC.
March 1, 2004
To Whom It May Conct;rn:
This is a rcquost lioln Mr, and Mrs.kazem Soliraby to grant a variance on their home
that was encroaching by V foot into the utility casement. Their horne is located in
Covington Park Subdivision on 2474 Fenrichurch, Fayetteville, AR 72703. This condition
set on their bome was Pre-existing to the Sobraby's purchase of ibis home. Bygranting
the variance requested will not confer on the applicant anyspecial privilege that is denied
by this ordinance to other lands,stractures, oT buildings in the same district.
Thank you for your consider-alion.
Sincerely,
David Mi-A
C I�-
Agent/Representative
RESIDENTIAL, FARMS AND COMMERCIAL REAL ESTATE
3263 Nord,Colloge Favetteville, Arklasas 72703 -*(479)521,5600# (479) 751-5900 rax(479)52L-APSil 05,2004
wcbsile;WWW'&'1sSeumix-wm Board of Adjustment
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Board of Adjustment
VAR 04-08.00(Sohraby)
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Miles Page 2.8
MINUTES OF A MEETING OF
THE BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on Monday, March 1, 2004 at
3:45 p.m. in Room 326 of the City Administration Building, 113 W. Mountain,
Fayetteville, Arkansas.
ITEMS CONSIDERED ACTION TAKEN
VAR 04-04.00: Variance (Jacoway,pp 523) Approved
Page 2
VAR 04-6.00: Variance (Magness, pp 445) Approved
Page 6 1
MEMBERS PRESENT MEMBERS ABSENT
James Kunzelmann Michael Andrews
Sheree Alt
Joanne 01szewski
Michael Green
Bob Kohler
Bob Nickle
STAFF PRESENT STAFF ABSENT
Dawn Warrick
Renee Thomas
Jeremy Pate
Suzanne Morgan
David Whitaker
Board of Adjustment
March 1, 2004
Page 2
Green: We will call to order the March meeting of the Fayetteville Board of
Adjustment. 1 guess the first item of business is the roll call.
Roll Call: Upon the completion of roll call there were seven board members present
with Mr. Andrews being absent.
Green: The next item of business is approval of the minutes from the February 2,
2004 meeting. Are there any corrections, modifications or deletions that
need to be made to those minutes? Hearing none, we will consider those
approved.
VAR 04-04.00: Variance (Jacoway, pp 523) was submitted by Dave Jorgensen of
Jorgensen & Associates on behalf of Jill Jacoway for property located between Block
Avenue and East Street at Archibald Yell Blvd. The property is zoned R-0, Residential
Office and contains approximately 0.26 acres. The requirement is a 30' setback on
Archibald Yell Blvd. The request is for a 15' setback(a 15' variance.)
Morgan: This request was submitted by Jorgensen & Associates on behalf of Jill
Jacoway. Staff reviewed the subject property for a Lot Split and at that
time it was noticed that with the required setbacks and all of the right of
ways and side setbacks there would be a minimal building area on
proposed tract three. The applicant chose to pursue the Lot Split which
was approved on February 12, 2004 by the Subdivision Committee with
the condition that the Lot Split could not be filed prior to a variance for the
front setback along Archibald Yell. This applicant proposes to construct
single family dwellings on the .14 acre and .16 acre tracts which would be
created if this Lot Split were approved. The request is for a 15' front
setback along Archibald Yell within the Residential Office district, this is
a variance of 15. Staff is recommending approval of the proposed
variance. Staff finds that the configuration of the existing lot does present
circumstances unique to this property. The existing tract has access to
Block and extends cast and north to a portion of East Avenue which has
been dedicated but not constructed. Staff does not feel that the literal
interpretation of the zoning regulations would not permit adequate
building area on the proposed lot with the required setbacks. In addition,
staff feels that granting the requested variance will Dot defer special
privileges on this applicant due to the proposed lot will meet the width and
area requirements for a single family use. Staff also finds that reducing
the setback along Archibald Yell will allow adequate area to construct a
home comparable in size with surrounding properties. Surrounding
properties consist of single family residents and commercial properties.
For these reasons, staff is recommending approval for the requested
variance with three conditions. Staff has received signed conditions.
Board of Adjustment
March 1, 2004
Page 3
Green: Thank you. The main question I have I guess is the only two lots that
we're discussing at this point are tract two and tract three right on Block
Avenue?
Morgan: That is correct.
Warrick: Three and four.
Green: Tract two is out of that then.
Warrick: Two has been approved and doesn't require a variance.
Green: I was confused of where the lot split was going to be. It looked like there
was a split between tracts two and three also.
Warrick: That was actually an adjustment. The split is occurring between proposed
tracts three and four. Right now it is a very strangely shaped lot that has
frontage on Archibald Yell, a very large frontage there, and then frontage
on Block Street. The proposal is to draw that line in between the two
strangely shaped parcels to create what's shown as three and four.
Kohler: Does this request have anything to do with the setback for tract four also
or is it just tract three?
Warrick: All along Archibald Yell.
Olszewski: Was there a sign put up?
Morgan: Yes.
Warrick: There were lots of signs up for a long time on this property for various
actions. We can check but there was notification placed on the site.
Green: Would the applicant�like,to add anything else?
Jorgensen: Sure. My name is Dave Jorgensen and I'm here on behalf of the owner,
Jill Jacoway on this property. If you like the word infill this should fit the
bill here. This is correct, it is for single family residents on tracts three
and four. The request is only on Archibald Yell. If you will notice on the
drawing there is a real heavy dark dashed line that represents the 15'
setback that we're requesting the variance on. The lighter dashed line is
the 30' setback. You can get a visual representation of what that setback
reduction is. Even with that 15' setback it still gives us quite a distance
from the back of curb or from the centerline of Archibald Yell for
instance, is 55' plus another 15' from the setback over to the centerline of
Archibald Yell so we will have quite a bit of distance right there. As it
Board of Adjustment
March 1, 2004
Page 4
was pointed out, this variance is for Archibald Yell only, we still have our
30' setback on Block Avenue and also on East.
Olszewski: Am I assuming correctly that to get to tract four they're coming through
East Street?
Jorgensen: Correct, yes, access is off East Street. To get to tract three it is off Block
Avenue.
Nickle: How does that access on East Street? East Street kind of dead-ends up
there.
Jorgensen: Right. They are going to provide an access through tract one down to tract
four.
Nickle: Ok, so it is going to be up here directly off East Street?
Jorgensen: Right.
Nickle: I guess that wouldn't make it a tandem lot situation, you've got frontage
on Archibald Yell but you can't access it off Archibald Yell.
Wamck: That's actually one of staff s recommended conditions, that they will
access directly off of Archibald Yell. It is not a tandem lot because it
meets the minimum lot requirements for the zoning district in that it has
frontage on a public street. It is just access, there is no means.
Nickle: Ok, your frontage doesn't allow access so you go around the back.
Kohler: Archibald Yell has been in the foresight of a lot of people in the last
couple of months. Any changes to that, there has been no talk about
certainly widening it. If anything, it would sort of be more about
landscaping and medians and so getting buildings closer to Archibald Yell
potentially with,this setback wouldn't have a negative impact since.it is
not going to be widened and since there is the thought of potentially less
volume along there.
Warrick: If there are modifications made to Archibald Yell we feel like having 55'
from centerline of the existing roadway to meet our current Master Street
Plan standards would allow us sufficient room to make modifications.
You're right, in the considerations for the downtown master plan, a lot of
discussions that have summoned around that, they have talked about
modifying Archibald Yell by putting in a median section or some other
type of traffic calming and reducing the confusioD, speed trap design that
is currently in there. You are still looking at a situation that from the back
of the existing curb your structures would be a minimum of about 45' off