HomeMy WebLinkAbout2009-08-03 - Agendas Tayve e
ARKANSAS
The City of Fayetteville, Arkansas
113 W.Mountain St.
Fayetteville,AR 72701
Telephone: (479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
MONDAY,AUGUST 3, 2009 at 3:45 p.m.
Room 326, City Administration Building
The following items will be considered:
1. Approval of the minutes from the July 6, 2009 meeting.
New Business:
2. BOA 09-3378 (ALAN REID / 911 HIGHLAND, 445): Submitted by GEORGE ALAN
REID JR. for property located at 911 HIGHLAND AVENUE. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.64 acres. The request is
for reduced street frontage for a lot resulting from a proposed lot split.
Planner: Data Sanders
The applicant has requested this item be tabled to the Monday, September 14,2009 meeting.
3. BOA 09-3379 (MARK ZWEIG / 432 N. WILLOW AVE, 485): Submitted by ALAN
REID for property located at THE SE CORNER OF MAPLE AND WILLOW, 432 N.
WILLOW AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE
and contains approximately 0.29 acres. The request is for lot area variances to subdivide the
property into two lots. Planner: Andrew Garner
4. BOA 09-3381 (FARMER'S COOPERATIVE, 523/562): Submitted by STEVE CLARK
for property located at THE SW CORNER OF MLK BLVD. AND S. SCHOOL AVENUE.
The property is zoned MSC, MAIN STREET CENTER and contains approximately 7.00
acres. The request is to allow for the placement of an accessory structure outside of the build-
to zone. Planner: Jesse Fulcher
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other
pertinent data are open and available for inspection in the office of City Planning(479-575-8267), 125 West Mountain Street,
Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD (Telecommunication
Device for the Deaf)are available for all public hearings; 72 hour notice is required. For further information or to request an
interpreter,please call 479-575-8330.
•
Taye evl e
ARKANSAS
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.
2009 Board of Adjustment Members
Robert Kohler (Chairman)
Sheree Alt
William Chesser
Robert Nickle
Mark Waller
Steven Bandy
Kristen Knight
MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on July 6, 2009 at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: June 1, 2009 Approved
Page 2
BOA 09-3336 (Kerri Russell, 446) Approved
Page 3
BOA 09-3352 (Wall,444) Approved
Page 4
BOA 09-3353 (Wall, 444) Approved
Page 5
BOA 09-3354 (Lois Smith, 678) Denied
Page 6
ADM 09-3326: (Flash Market#194 Liquor Sales Appeal) Affirmed/Upheld
Page 7
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Steven Bandy
William Chesser
Robert Kohler
Bob Nickle
Mark Waller
Kristen Knight
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
David Whitaker
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
August 3,2009
Board of Adjustment
BOA Minutes 07-16-09
Agenda Item 1
Page 1 of 8
Approval of the June 1, 2009 Board of Adjustment meeting minutes.
Motion:
Board Member Waller made a motion to approve the minutes from the May 4, 2009
BOA Meeting. Board Member Nickle seconded the motion. Upon roll call, the motion
passed with a vote of 4-0-0.
August 3,2009
Board of Adjustment
BOA Minutes 07-16-09
Agenda Item 1
Page 2 of 8
BOA 09-3336 (KERRI RUSSELL / 218 E. MAPLE, 446): Submitted by BLEW &
ASSOCIATES, INC. for property located at 218 E. MAPLE. The property is zoned
RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.37 acres.
The request is for a variance from lot bulk area requirements for a proposed new lot of
record(lot 2), and an existing encroachment into a side setback(lot 1).
Andrew Garner, Senior Planner, gave the staff report, giving background on the existing
nonconforming structures that were built in 1906 and 1936. Staff recommends in favor of
the requested variances to bring the existing nonconforming garage into compliance and
to permit for the subdivision of the property, as discussed in the findings throughout the
staff report.
Jeremy Pate, Development Services Director, stated that staff recommends a condition
of approval be added to limit the use of the property to single-family only, consistent with
the underlying zoning. He discussed that it was his understanding that the applicant
wanted to convert the existing nonconforming multi-family use into single family.
Mike Sebo, surveyor, and Kerri Russell were present to answer questions and confirmed
that their intent was to renovate the property for single-family use only.
Board Member Kohler asked about expanding the structure.
Mike Sebo confirmed that they will not be expanding the dripline of the structure.
Motion:
Board Member Nickle made a motion to approve the request with conditions as listed in
the staff report and adding the staff recommended condition that only single family use
be permitted on the property. Board Member Knight seconded the motion. Upon roll
call the motion passed with a vote of 4-0-0.
August 3,2009
Board of Adjustment
BOA Minutes 07-16-09
Agenda Item 1
Page 3 of 8
BOA 09-3352 (WALL / 828 CLEVELAND, 444): Submitted by JESSE DAVID
WALL for property located at 828 CLEVELAND STREET. The property is zoned
RMF-40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.22 acres.
The request is for a front setback variance to bring an existing structure into compliance.
Dara Sanders, Current Planner, gave the staff report discussing the existing
nonconforming home built well prior to existing zoning and Master Street Plan
requirements. Staff recommends approval of the requested variance.
Jesse David Wall (applicant) agreed to the conditions of approval.
No public comment was received.
Motion:
Board Member Waller made a motion to approve the request with conditions as listed
in the staff report. Board Member Nickle seconded the motion. Upon roll call the
motion passed with a vote of 4-0-0.
August 3,2009
Board of Adjustment
BOA Minutes 07-16-09
Agenda Item 1
Page 4 of 8
BOA 09-3353 (WALL / 812 CLEVELAND STREET, 444): Submitted by JESSE
DAVID WALL for property located at 812 CLEVELAND STREET. The property is
zoned RMF-40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.06
acres. The request is for variances from lot width, lot area and setback requirements to
bring an existing non-conforming structure into compliance.
Dara Sanders, Current Planner, gave the staff report discussing the existing
nonconforming home built well prior to existing zoning and Master Street Plan (MSP)
requirements. Staff recommends approval of the requested variance with a condition that
improvements to the nonconforming structure exceeding 10% of the replacement cost of
the home will require City Council approval of an amendment to the MSP since a portion
of the structure is located within the MSP right-of-way.
Jesse David Wall(applicant) agreed to the conditions of approval.
No public comment was received.
Board members and staff discussed the need for and purpose of the condition of
approval requiring the involvement of the City Council. Staff explained that the
requirement is an ordinance that was adopted by the City Council. Any variance
from the requirement will require City Council approval.
Motion:
Board Member Knight made a motion to approve the request with conditions as listed
in the staff report. Board Member Nickle seconded the motion. Upon roll call the
motion passed with a vote of 4-0-0.
August 3,2009
Board of Adjustment
BOA Minutes 07-16-09
Agenda Item 1
Page 5 of 8
BOA 09-3354 (LOIS SMITH / SKELTON STREET, 678): Submitted by LOIS
SMITH for property located at 737 W. SKELTON STREET. The property is zoned
RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.25 acres.
The request is to allow a small wooden playhouse in the side setback.
Dara Sanders, Current Planner, gave the staff report discussing the nonconforming
structure constructed as an extension of an existing fence. Finding that the request is a
result of a self-imposed hardship, staff recommends denial of the requested variance with
a condition that the structure in violation be removed within 90 days of the Board's
decision.
Louis Smith (applicant) gave a detailed background of the reason for the structure and
the requested variance.
Board members and staff discussed the definition of a structure and the difference
between a pre-fabricated playhouse and the subject structure.
Chairman Kohler asked the applicant if the survey accurately shows the location of the
existing fence.
Smith and staff discussed the location of the fence but were unable to verify that the
fence is located exactly on the property line.
No public comment was received.
Motion:
Board Member Waller made a motion to deny the request. Board Member Nickle
seconded the motion. Upon roll call the motion was denied with a vote of 4-0-0.
August 3,2009
Board of Adjustment
BOA Minutes 07-16-09
Agenda Item 1
Page 6 of 8
ADM 09-3326: (Flash Market #194 Liquor Sales Appeal): Submitted by Alderman
Robert Rhoads on behalf of Eric McGill and Clayton Barnhart for property located at
2333 W. Martin Luther King, Jr. Blvd. The property is zoned I-1, Light Industrial/Heavy
Commercial. The request is for the Board of Adjustment to consider and render a final
decision of an appeal of the Zoning and Development Administrator's interpretation that
sale of beer and wine for off-premise consumption is permissible by the City of
Fayetteville's zoning regulations as an accessory use within the I-1 district.
Jeremy Pate, Director of Development Services, gave the staff report discussing the
applicant's appeal of the Zoning and Development Administrator's interpretation that the
sale of alcohol at the subject property is permitted under Use Unit 18, Gasoline service
stations and drive-in restaurants. He discussed that the applicant disagrees with staff's
interpretation and feels that the sale of alcohol at the gas station should fall under Use
Unit 34, Liquor Stores, which would not be permitted in this property which is zoned I-1.
Justin Eichman, applicant, discussed that a number of convenience stores have applied
for liquor licenses in Fayetteville. He gave extensive background and discussed that the
appeal centers around Use Unit 34. Flash Market is zoned I-1 and does not allow Use
Unit 34, Liquor Store. He discussed Fayetteville Unified Development Code 162.01 (HH)
which discusses a liquor store as a fixed place of selling liquor. He believes that Flash
Market is a liquor store based on that definition. He feels that any sale of liquor would
make this a liquor store and that it is not appropriate to apply accessory uses in this case
because you bypass all of the use conditions for a liquor store. He discussed that the
presentation of a floor plan was not accurate. A much larger percentage of the store is
alcohol sales. It seems that sale of alcohol in this store is not an incidental use.
David Whitaker, Assistant City Attorney, discussed the description in Chapter 162, and
that Chapter 151, Definitions, of the Unified Development Code is generally the chapter
to be used for definitions, although liquor store is not defined in Chapter 151.
Justin Eichman stated that it may be time for a clear definition of liquor store in the
City's code.
Board Member Kohler asked about the sales of alcohol products being less than 50% of
sales.
Pate discussed that as detailed in the staff report that well less than 50% of the floor
space is devoted to the sale of alcohol. He also discussed that the pump islands and space
for sale of gasoline could be added into those numbers which would make the percentage
of space utilized for alcohol sales be even less.
Board Member Kohler as what would make this a liquor store.
Cliff McKinney, Flash Market attorney, discussed that this business is not permitted as a
liquor store under state law.
August 3,2009
Board of Adjustment
BOA Minutes 07-16-09
Agenda Item 1
Page 7 of 8
8
Board Member Waller stated that state law does not apply to City zoning laws.
Cliff McKinney, Flash Market attorney, discussed that the percentage of the floor plan
that was being utilized for alcohol sales was less than what the applicant discussed but
different than the floor plan presented to this application. He discussed that the floor plan
and layout of displays is varied depending on timing and inventory, etc.
Shane Patterson, Vice-President of Flash Market, discussed that sale of alcohol is less
than 5% of their sales.
Whitaker discussed the background for recodification of the Fayetteville Unified
Development Code which pulled out a prohibition against sale of alcohol in convenience
stores.
Jessie Wall, member of the public, discussed that valuation to society ought to be the
cost for this accessory use. He discussed that a six-pack of beer that results in a drunk
driver that results in a car wreck should be included in the cost.
Board Member Nickle discussed that after reading all of the materials, he agrees with
City staff's determination, although he agrees there is room for debate.
Board Member Kohler discussed that City code may need to be changed to clear up this
issue.
Whitaker discussed that if the board finds an ambiguity, state law requires you to find in
favor of the property owner.
Motion:
Board Member Nickle made a motion to affirm staff s interpretation. Board Member
Knight seconded the motion. Upon roll call the motion passed with a vote of 3-1-0,
Waller voting `no'.
All business being concluded, the meeting was adjourned at 6:15 p.m.
August 3,2009
Board of Adjustment
BOA Minutes 07-16-09
Agenda Item 1
Page 8 of 8
BOA Meeting of August 03, 2009
F"MA
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n�Karsas
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
72701
PLANNING DIVISION CORRESPONDENCE Fayette(479)57le,AR -826
Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Director of Development Services
DATE: July 28, 2009
BOA 09-3378 (ALAN REID / 911 HIGHLAND, 445): Submitted by GEORGE ALAN
REID JR. for property located at 911 HIGHLAND AVENUE. The property is zoned
RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.64 acres.
The request is for reduced street frontage for a lot resulting from a proposed lot split.
Planner: Dara Sanders
The applicant has requested this item be tabled to the Monday, Aueust 14, 2009
meeting in order to determine whether or not a variance is needed.
August 3,2009
K lRepows120091R0A Reports108-03-09WA 09-3378(Reid).doc Board of Adjustment
BOA 09-3378 Alan Reid
Agenda Item 2
Page 1 of 2
August 3,2009 -
Board of Adjustment
BOA 09-3378 Alan Reid
Agenda Item 2
Page 2 of 2
�mF ° ` BOA Meeting of August 3, 2009
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Andrew Gamer, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: July 29, 2009
BOA 09-3379 (MARK ZWEIG / 432 N. WILLOW AVE, 485): Submitted by ALAN
REID for property located at THE SE CORNER OF MAPLE AND WILLOW, 432 N.
WILLOW AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE
and contains approximately 0.29 acres. The request is for lot area variances to subdivide
the property into two lots. Planner: Andrew Gamer
BACKGROUND:
Property Description: The subject property is located at the southeast comer of Willow
Avenue and Maple Street and is zoned RSF-4. The lot contains an existing single family
home at 432 North Willow Avenue constructed in approximately 1890(119 years old) that
is in the process of being renovated. The home is located on the western half of the
property and the eastern half of the property is undeveloped. The house is accessed from a
side-loaded driveway on Maple Street. The site is entirely surrounded by single family
homes and RSF-4 zoning. There are numerous homes on this immediate block and
throughout the Washington-Willow neighborhood with narrow, small lots that do not meet
the minimum bulk and area requirements of the RSF-4 zoning district.
Proposal: The applicant proposes to subdivide the lot into Tracts A and B of 7,661 and
4,897 square feet (less right-of-way dedication), respectively, resulting in two
nonconforming lots as indicated in Table 1.
Table 1
Variance Request
Variance
Issue Ordinance Require ent Applicant's Request
Tract A
Lot Area 8,000 square feet 7,661 339-foot variance)*
Tract B
Lot Area 8,000 square feet 4;897 square feet 3,103 square foot variance)*
After the lot split the lot area will be slightly less because of right-of-way dedication.
Public Comment: Staff has received one in-person inquiry about the lot split, and received
two emails in support of the proposed lot split(attached).
AugusK:IRe orts120091ROA Re orts108-03-09WOA 09-3379 Board fAdjus
p p (Zweig 432NWillow).doc Board of Adjustment
BOA 09-3379 Mark Zweig
Agenda Item 3
Page 1 of 14
RECOMMENDATION:
Staff recommends approval of the requested variances to allow for the proposed lot
split as indicated on the submitted survey, subject to the following conditions of
approval:
1. The lot split shall be filed prior to building permit approval for Tract B.
2. In order to retain the traditional development pattern of the surrounding
neighborhood, the homes on Tract A and B shall be accessed off of a shared
curb cut onto Maple Street with side or rear-loaded parking, as indicated by
the applicant. A second curb cut for this site is not permitted although the
existing curb cut may be widened in conformance with City code.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: ❑ Approved O,Deme&
77 ,
Date: August 3,2009x' , Motion: Second Vote:
CITY PLAN 2025 LAND USE PLAN DESIGNATION: City Neighborhood Area
FINDINGS:
City of Fayetteville Unified Development Code
Section 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: Special conditions exist for this property related to lot area. The
property was originally developed on a corner lot approximately 119
years ago. The single family home was placed on the western portion of
the lot facing Willow Avenue. A side-loaded driveway off of Maple
Street provides access to the rear of the home. The eastern portion of
the site has remained undeveloped. There is logical space for infill
development on proposed Tract B, as indicated by the applicant. Staff
August 3,2009
K.I Reports120091BOd Reports108-03-091BOd 09-3379(Zweig 432NWillow).doc Board of Adjustment
BOA 09-3379 Mark Zweig
Agenda Item 3
Page 2 of 14
finds that the historic nature of this property, the neighborhood, and
the existing curb cut, are unique conditions that warrant granting the
variances.
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 will not allow for the
creation of the proposed lots and the proposed infill on Tract B, as these
lots do not meet the required lot area. The proposed lots would have
similar lot areas to those existing in the neighborhood, including lots
and homes directly adjacent to the east and north.
Furthermore, staff finds that literal interpretation of the zoning
regulations for lot area in this situation conflict with the goals and
objectives of City Plan 2025 to encourage infill development, to
encourage and promote attainable housing options, to encourage and
provide more opportunities for people to live and work in the City, and
to promote compact development in strategic locations. The creation of
the proposed lots, due to its location in relation to Downtown
Fayetteville, College Avenue commercial corridor, and the University of
Arkansas, will promote several of the goals and objectives adopted by
the City of Fayetteville and promoted by the Planning Division; as a
result, staff supports the applicant's proposal.
3. Resulting Actions. That the special conditions and circumstances do not.
result from the actions of the applicant.
Finding: The existing structure and nature of the lot predate the applicant, and
therefore does not result from the actions of the applicant. However,
the request to subdivide the lots into two, subsequently reducing the lot
area below the minimum required, is an action of the applicant.
The applicant could request to rezone the property to RSF-8 and
increase the site of Tract B to 5,000 square feet to meet the RSF-8
zoning requirements. However, City Council has made policy decisions
that discourage the utilization of RSF-8 zoning in existing RSF-4
neighborhoods for infill development, and encouraged the variance
procedure as opposed to a rezoning procedure. The requested variances
and recommended conditions on this property would allow infill of this
property consistent with adopted City policies of encouraging
appropriate infill
4. No Special Privileges. That granting the variance requested will not confer
August 3,2009
K.IReporis1200900A Reports108-03-09WOA 09-3379(Ziveig 432ArWi11ow).doc Board of Adjustment
BOA 09-3379 Mark Zweig
Agenda Item 3
Page 3 of 14
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 special privileges on
this applicant due to the unique and special conditions associated with
this property.
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: Existing nonconformities were not considered as a basis of the findings
stated in this staff report.
Section 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,August 3,2009.
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: Reasons are provided throughout this report that discuss the
justification for granting the variances. The variances are the minimum
needed to make possible the creation of two single family lots
compatible with the surrounding neighborhood.
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: Given the surrounding lot configuration and development pattern in
this older neighborhood with a variety of lot sizes, including several 50-
foot wide lots and lots under 6,000 square feet, two immediately
August 3,2009
K.IReportA20091BOA Reports108-03-091BOA 09-3379(Zweig 432NWillow).doc Board of Adjustment
.BOA 09-3379 Mark Zweig
Agenda Item 3
Page 4 of 14
adjacent to the north at 312 and 316 Maple Street, staff finds that the
proposal to create two new lots as shown on the survey would not be
injurious to the neighborhood. The proposed lot sizes and development
pattern would be compatible to surrounding land use and zoning, with
conditions recommended herein.
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 approval, with a primary condition that only
one driveway be provided for development of two homes on this site,
and that the parking for the homes be side or rear-loaded in keeping
with the traditional neighborhood character. Future development or re-
development of the site will require the property owner to meet all
applicable zoning setbacks.
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: N/A
August 3,2009
K lReportA20091BOA Reports108-03-091BOA 09-3379(Zweig 432NWillow).doc Board of Adjustment
BOA 09-3379 Mark Zweig
Agenda Item 3
Page 5 of 14
ndrevv---Garner... Willow and Maple Page
From; "Marty Goff'<martygoff@hotmail.com>
To: <agarner@ci.fayetteville.ar.us>
Date: 7/29/2009 2:57 PM
Subject: Willow and Maple
Below is my.address. I live in this neighborhood. I can not imagion that Mark Zwieg would do anything that would not be tasteful.
The Morrison house was deteriating and Mr Zwieg has purchased it for renovation. I sure it will be pleasing. A small house on a
small lot next door would be a nice addition.
Someone should do something about my old house(lot)next door at 519 E Maple if you want something to do.
Marty Goff Burggraf
517 E Prospect
Fayetteville,AIR 72701
479-530-0702
August 3,2009
Board of Adjustment
BOA 09-3379 Mark Zweig
Agenda Item 3
Page 6 of 14
.._
, .. _,.,
( f 9/2009)Andrew Garner RE lot split In hlstonc dlstr ct Page 1
From: Matthew Petty<matt@matthewpetty.org>
To: <agarner@ci.fayetteville.ar.us>
Date: 7/29/2009 7:15 AM
Subject: RE: lot split in historic district
Andrew-
I'm writing as an Alderman with a comment about the requested lot split
being applied for by Mark Zweig.
I understand that the neighborhood may be divided on this request,but I'm
not. I really think this request should be granted.Granting the lot split
will provide another family with the opportunity to live in the wonderful
historic district,and there are several lots in the neighborhood that are
already smaller than that will be created if this lot split is granted.
Thank you,
Ward 2 Alderman,Matthew Petty -
FindMe@--->http://www.matthewpetty.org
Twitter:@mpetty(preferred contact method)
Work-479.595.8303,Cell-479.871.9212
August 3,2009
Board of Adjustment
BOA 09-3379 Mark Zweig
Agenda Item 3
Page 7 of 14
EZYM INC.
lTayell�vtl7l�,AR 72701 cet� 508390.0469
July 23,2009
Chair,Board of Adjustment
The City of Fayetteville
125 W.Mountain Street
Fayetteville,AR 72701
Re:432 N.Willow lot split
Dear Chairperson:
I am the owner of 432 N.Willow(Mark Zweig,Inc.)and would like to request a lot split to do some infill
development that would eventually be built-out to include a new single-family house of approximately
1300 square feet. My new lot,if permission is granted for a split,would be 70 feet wide at the street and
have a driveway coming off Maple in common with the house at 432 N.Willow. I have attached a survey
plat for your review. I am requesting a 340 square foot variance on Tract A and a 3103 square foot
variance on Tract B. Current zoning is RSF-4. Existing shed on Tract B will be removed. These changes
will result in no additional curb cuts and will provide for rear parking for both structures on the resulting
two lots.
Please consider the following:
A. Special conditions—this is a corner lot with a driveway off of Maple. The lot next door(vacant)
is only 50 feet wide. Our proposed lot will be 70 feet wide and require no new curb cut. Utilities
are in Maple Street,the road the new lot will face.
B. Strict interpretation of the ordinance in place would prohibit infill development,one of the core
tenants of the City's master plan.
C. We have not done anything in violation of the ordinance. No construction has started on the lot
we want to split off. All we have done is clear out piles of trash and remove a non-conforming
shed structure.
i
D. There is much precedent for splitting off the rear of comer lots all over the Washington-Willow
neighborhood. This development would be consistent with what is already there.
Thank you for considering my request.
9kc
ely,
.
Z.
Owner
Mark Zweig,Inc
August 3,2009 ',
Board of Adjustment
BOA 09-3379 Mark Zweig
Agenda Item 3
Page 8 of 14
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E#19RK NER INC.
ve�l�via'�,AR 72701 CeU, 508.380.046,9
July 23,2009
Planning Dept.
The City of Fayetteville
125 W.Mountain Street
Fayetteville,AR 72701
Re:432 N.Willow lot split
Dear Sirs/Madams:
I am the owner of 432 N.Willow(Mark Zweig,Inc.)and would like to request a lot split to do some infill
development that would eventually be built-out to include a new single-family house of approximately
1300 square feet My new lot if permission is granted for a split;would be 70 feet wide at the street and
have a driveway coming off Maple in common with the house at 432 N.Willow. This will result in no
additional curb cuts and will have rear parking for both structures on the resulting two lots. And the non-
conforming shed on Tract B will be removed.
I have a permit to completely remodel 432 N.Willow in-hand. While I don't have a specific site plan
developed for the new lot,should it be granted,it should be something that is for an approximately 1300-
square foot,one and half story historic-looking bungalow structure,with front porch and rear parking off of
the shared driveway coming in from Maple. There should be at least two dedicated parking spaces per
single family structure,as well additional parking for 4-6 vehicles on the shared driveway.
Thank you for considering my request.
Mark C.Zweig
Owner
Mark Zweig,In
August 3,2009
Board of Adjustment
BOA 09-3379 Mark Zweig
Agenda Item 3
Page 9 of 14 L.
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TRIS PROPERN DOES NOT LIE IN ZONE 'A/PE' (SPECIAL FLOOD HAZARD
TRACT
al AREA, INUNDATEp BY 100-YEAR FLOOp)q5 DEfERMIHED FROM iliE
ELRM. MAP OF WASHING'.N CUUNtt, ARKANSAS, AND INCORPORATED
IAREAS, MM NUMBER 05t<X0210 F. EFFECTNE DATE NwY I6. 2008.
M
765-04646-DOO F A Y E T T E V I L I
THOMAS sR. & MARGARET LEWIS RSF-4
i0< N. WILLOW AVENVE 7ES-09697-000
3 FAYETTEVILLE, afl. 127271 11,2 k MARGARET 5Np551
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PATRICIA OUELU & PT- LOT 1
428 N. WILLOWAVENUE�BERLIN BLOCK 4 RSF-4
FAYETTWIIF,AR. 72701
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W. 12,557.5± SQ. FT, BASIS OF BEARINGS: ARKANSAS
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17� PARENT TRACT DESCRIPTION PROPOSED SPLIT
A PART OF LOT NUMBERED ONE (1) IN BLOCK 14UMBERED FOUR (4) A PART OF LOT NUMBERED ONE (1) IN BLOCK NUA
IN MASONIC ADDITION TO THE CITY OF FAYETTEVILLE. ARKANSAS, AS (4) IN MASONIC ADDITION TO THE CITY OF FAYETTEb
SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS ARKANSAS, AS SHOWN ON THE PLAT OF SAID ADDIT
OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY THE LAND RECORDS OF WASHINGTON COUNTY, ARKA
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
SAID LOT ONE (1); THENCE 587'31'26"E 179.73 FEET ALONG THE AT THE NORTHWEST CORNER OF SAID LOT ONE (1);
N ory THIS PIAT. THIS SURVEY ABLE NORTH LINE OF SAID LOT ONE 1
uowwc wmcH Kar BE aapucANLE ( ) TO AN EXISTING NAIL; THENCE 587°31'26"E 109.73 FEET ALONG THE NORTH LINE I
S02'32'27"W 70.00 FEET TO AN EXISTING COTTON SPINDLE; THENCE ONE (1) TO A SET 1/2" IRON REBAR; THENCE LEA\
NTS WHICH WERE VISIBLE AT THE N87'27'10"W 179.65 FEET TO AN EXISTING IRON ON THE WEST LINE NORTH LINE S0232'27'W 69.91 FEET TO A SET 1/.
INE COVENANTS: SUNDINSION OF SAID LOT ONE (1); THENCE NO2-28'34"E 6977 FEET TO THE REBAR; THENCE N87'27'10"W 109.65 FEET TO AN E
FRONS: AND a OTHER FACTS POINT OF BEGINNING.
SCLOSE. ON THE WEST LINE OF SAID LOT ONE (1); THENCE
IG INCLUDED THE REAL AND 69.77 FEET TO THE POINT OF BEGINNING, CONTAINIf
SQUARE FEET, MORE OR LESS.
REM"NARKANSAS MINIMUM N
JEYR ANDDPIATS'.
RCH,AER OF THE SURVEY, R IS V
IONS OR SUBSEQUENT OWNERS. - -
NS WERE NOT EXAMINED ON REMA'NDER DESCRIPTION s
A PART OF LOT NUMBERED ONE (1) IN BLOCK NUMBERED FOUR (4)
IN MASONIC ADDITION TO THE CITY OF FAYEITEVILLE, ARKANSAS, ASR+° -
SHOWN ON THE PLAT OF SAID ADDITION FILED IN THE LAND RECORDS a,
OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY fr�
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER
iTING ONE HUNDRED PERCENT(100x) OWNERSHIP OF THE REAL OF SAID LOT ONE (1); THENCE 587'31 26'E ID9 73 FEET ALONG THE
B HEREBY DEDICATE FOR PUBLIC OWNERSHIP, ALL STREETS AND NORTH LINE OF SAID LOT ONE (1) TO A SET 1/2 IRON REBAR FOR
1LIc BENEFIT AS PRESCRIBED By LAW.THE(INCLUDING
also THE TRUE POINT OF BEGINNING; THENCE S87'31'26"E 70.00 FEET TO
ID TO THE PUBLIC BY LIFE
COMPANIES (INCWDLE) ANY
ITEANCPE POSEGRANO IN THE CIN of FEW FACILITIES
THE AN EXISTING NAIL; THENCE S02'32 27"W 70.00 FEET TO AN EXISTING r
THE PURPOSE OF I THE RIG ON OF NEW FgCILITIEE RED THE }t
THE ER HEREBY IS D RICHT of INURES,AND EGRESS To COTTON SPINDLE; THENCE N87'27'10"`N 70.00 FEET TOA SET /2"
THE ERECTION OF BUILDINGS.WITHIN
S STRUCTURES, OR FENc[s wlTwry IRON REBAR; THENCE NO2'32'27"E 70.00 FEET TO THE POINT OF
VE OR TRIM TREES WITHIN SND EISEMENTS. j '
BEGINNING. CONTAINING 4896.6 SQUARE FEET, MORE OR LESS
-_- -_OWNER
------ — August 3' 2009
OwNER Board of Adjustment
BOA 09-3379 Mark Zweig
Page 10 of 14
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Mark Zwei
Agenda Item 3
Page 11 of 14
BOA09-3379 MARK ZWEIG/432 N. WILLOW
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- Feet August 3,2009
Board of Adjustment
SOA Mjotu 171arK Zweig
Agenda Item 3
Page 12 of 14
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Board ofAdjus'tment
BOA 09-3379MarkZweig
Agenda Item 3
Page 13 of 14
August 3,2009
Board of Adjustment
BOA 09-3379 Mark Zweig
Agenda Item 3
Page 14 of 14
P S
BOA Meeting of August 03, 2009
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-
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: July 29, 2009
BOA 09-3381 (FARMER'S COOPERATIVE, 523/562): Submitted by STEVE CLARK for
property located at THE SW CORNER OF MLK BLVD. AND S. SCHOOL AVENUE. The
property is zoned MSC, MAIN STREET CENTER and contains approximately 7.00 acres. The
request is to allow for the placement of an accessory structure outside of the build-to zone.
Planner: Jesse Fulcher
BACKGROUND:
Property Description: The subject property is located southwest of the intersection of Martin Luther
King Boulevard and S. School Street, and is occupied by the Farmers Cooperative. The property
contains several existing buildings, many dating back to the early 1950's.
SURROUNDING LAND USE AND ZONING
Direction from Land Use Zoning
Site
North Mixed Use Main Street Center
South Restaurant/Livestock Yard Downtown General/Industrial
East Commercial Main Street Center
West Commercial Main Street Center
Proposal: The applicant is requesting a variance to allow a 60' x 40' hay barn to be located outside
of the front build-to zone. The applicant has stated that the hay barn needs to be located so that
customers can access and drive through the building with a truck and/or trailer. Additionally,there
are several easements and utility lines that would require the building to be located across an existing
driveway.
Variance Issue Ordinance Requirement Applicant's Request
Front Build-to Zone Buildings within 0-25' Outside Build-to Zone
K.IReports12009WOA ReportsW-03-091BOA 09-338/.(Farmers Coop).doc
August 3,2009
Board of Adjustment
BOA 09-3381 Farmers Cooperative
Agenda Item 4
Page 1 of 10
RECOMMENDATION:
Staff recommends approval of the requested build-to zone variance as listed herein and as
shown on the attached drawing with the following conditions:
1. Future development shall meet required bulk and area requirements, unless
otherwise approved by the Board of Adjustments.
Additional Conditions/Comments:
BOARD OF ADJUSTMEMT=`ACTION: O Approved O Denied
Date: August 03;20.09
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CITY PLAN 2025 LAND USE DESIGNATION: Complete Neighborhood Plan:Downtown Master
Plan
FINDINGS:
City of Fayetteville Unified Development Code
Section 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: There are special conditions and circumstances that are peculiar to this property and
the building involved which are not applicable to other properties or buildings in the
same district. The subject property has for many decades been utilized as a supply
store specializing in agricultural,lawn and garden and animal care products. In line
with this use,the owners are proposing to construct 40'x 60' hay barn that will allow
vehicular access through the structure. The Main Street Center zoning district,which
requires the 0'-25' build-to zone,was adopted along with three other zoning districts
and applied to the Downtown Master Plan Area. These zoning districts were adopted in
an effort to recognize and preserve the traditional development form of the downtown
area,and to allow redevelopment to occur in a manner consistent with that form. The
Coop was not developed in an urban form, since it was developed to support the
K.Weports12009WA ReportsI08-03-091ROA 09-3381(Farmers Coop).doc
August 3,2009
Board of Adjustment
BOA 09-3381 Farmers Cooperative
Agenda Item 4
Page 2 of 10