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Home My WebLink About2014-01-06 - Agendas • Taeiile 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, JANUARY 6, 2014 at 3:45 p.m. Room 111, City Administration Building A meeting of the City of Fayetteville Board of Adjustment will be held on January 6, 2014 at 3:45 PM in Room 111 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call The following items will be considered: 1. Approval of the minutes from the December 02, 2013 meeting. New Business: 2. BOA 13-4588: Board of Adjustment (229 E. South St. /Manack, 524): Submitted by MARC MANACK, AIA for property located at 229 EAST SOUTH STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.34 acres. The request is for a variance to locate the building outside of the build-to zone Planner: Quin Thompson 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 eel 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 to Comment/Discussion and Questions by the Board F. Action of the Board (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 the staff and applicant presentations. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, stand and give your name and address. Address your comments to the Chairman, who is the presiding officer. After all public comments have been heard, the Chairman will direct your comments 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. 2014 Board of Adjustment Members Kristen Knight (Chairman) Jeff Hagers Evan Niehues Tim Stein Matthew Hoffman MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on December 2, 2013 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: November 4, 2013 Approved Page 2 Old Business: BOA 13-4508: Board of Adjustment (603 Vinson/Lefler,447): Page 3 Denied New Business: BOA 13-4564: Board of Adjustment (DUNKIN' DONUTS/1805 MLK,447): Page 4 Approved MEMBERS PRESENT MEMBERS ABSENT Jeff Hagers Tim Stein Kristen Knight Matthew Hoffman Evan Niehues (recused from 13-4508) STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Jason Kelley The meeting was called to order at 3:45 PM. Upon roll call all members except Niehues (recused from Old Business) were present. Board of Adjustment January 6,2014 Agenda Item 1 12-02-13 Minutes Page 1 of 6 Approval of the minutes from the November 4, 2013 Board of Adjustment meeting. Motion: Board Member Knight made a motion to approve the November 4, 2013 Meeting Minutes, changing the minutes to reflect the accurate meeting end time. Board Member Hoffman seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. Niehues arrived after the minutes. Board of Adjustment January 6,2014 Agenda Item 1 12-02-13 Minutes Page 2 of 6 BOA 13-4508: Board of Adjustment (603 Vinson/Lefler, 447): Submitted by BATES & ASSOCIATES for property located at 603 N. VINSON. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.32 acres. The request is for variances to the lot area requirement and the side setback. Quin Thompson, Current Planner, read the staff report, and handed out a revised letter from Jerry Jansma, PE to the Board. Derrick Thomas, Applicant, was present to answer questions. Jeff Hagers, Board member, asked, `what is the plan for this property?' Thomas replied that the intention was to build a single family residence. Matthew Hoffman, Board member, asked what the applicant perceived the advantage to be in building on the proposed lot as opposed to the existing lot. Thomas replied that it was the owner's opinion that access was best from Vinson Avenue. Paul Dunn, Neighbor, noted that he was opposed to the variance, and pointed out that in his opinion and that of a registered engineer, there was no hardship present on the site, and that adequate street frontage could be provided on Rebecca Street. He noted that he was concerned about access for emergency vehicles on Vinson Avenue, due to its extremely narrow section. John Bess, Neighbor stated that he was against the variance request. He stated that an exposed bedrock shelf behind the existing house would make the proposed sanitary sewer location will not be feasible. Kristen Knight, Board Chair, said that the site would be difficult to develop however it is arranged. Hoffman stated that the bluff he remembered from visiting the site was considerably steeper than shown in the topography provided in the staff report, and agreed with Knight that the site was difficult to build. Hagers said that he saw hardship in the property however the lot lines were arranged. Knight said that there was an unusual amount of public concern with the request, and that should be taken into account. Tim Stein, Board Member, stated that in his opinion it is important to consider the public and neighbors in requests of this kind. He said that he preferred to keep the existing lot frontage and consider a variance to an existing lot if necessary, rather than to create a new and non-conforming lot. He also said that he was in favor of approving the requests to bring the existing home into conformance, and recommended separating the requests into two votes. Hoffman stated that he felt the property owner had a right to develop his property and that the Board should vote to approve what was a more straight forward request than varying required street frontage. Board of Adjustment January 6,2014 Agenda Item 1 12-02-13 Minutes Page 3 of 6 Knight stated that hardship came with the lot when it was purchased, and was not being created by staff or the City. Hagers said that he felt the Board should not prevent the owner from building on the lot by creating a condition where it would be very expensive to build. He expressed his respect for the neighbors and said that he appreciated their input. Knight asked staff if off-street parking was required for a new residence. Thompson replied that two off-street parking places were required to be provided for a single- family residence. Stein stated that he hoped that the applicant would not be back with more variance requests at the time of development if the request should be approved. Hagers offered that possible future requests were not relevant at this time. Motion #1: Board Member Hagers made a motion to approve the lot area variance for BOA 13- 4508. Board Member Stein seconded the motion. Upon roll call the motion failed with a vote of 2-2-1 (Board Member Niehues recused, Board Members Knight and Stein voted "no".) Motion #2: Board Member Hagers made a motion to approve the variance for BOA 13-4508 to bring the existing home into compliance. Board Member Knight seconded the motion. Upon roll call the motion failed with a vote of 4-0-1 (Board Member Niehues recused.) Board of Adjustment January 6,2014 Agenda Item 1 12-02-13 Minutes Page 4 of 6 BOA 13-4564: Board of Adjustment (DUNKIN' DONUTS/1805 MLK, 447): Submitted by CRAFTON TULL & ASSOCIATES for property located at 1805 W. MARTIN LUTHER KING BOULEVARD. The property is zoned COMMUNITY SERVICES and contains approximately 1.43 acres. The request is to locate the building outside of the build-to zone. Jesse Fulcher, Senior Planner, read the staff report. Daniel Ellis, applicant, stated that the sewer line would have to be relocated to get building in the build-to zone. Dwayne Peck, neighbor, stated he owned adjacent shoe store. Was originally concerned that the project would block views to his building, but is no longer. Thinks that it will be a good project. Ellis stated they would plant grass on the undeveloped portion of the property for future development. Motion: Board Member Niehues made a motion to approve BOA 13-4564. Board Member Hagers seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. There being no further business, the meeting was adjourned at 4:48 PM. Board of Adjustment January 6,2014 Agenda Item 1 12-02-13 Minutes Page 5 of 6 Board of Adjustment January 6,2014 Agenda Item 1 12-02-13 Minutes Page 6 of 6 Ta ye evl e BOA Meeting of January 16, 2014 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: Quin Thompson, Current Planner THRU: Andrew Garner, Director of Planning DATE: December 30, 2013 BOA 13-4588: Board of Adjustment (229 E. South St. /Manack, 524): Submitted by MARC MANACK, AIA for property located at 229 EAST SOUTH STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.34 acres. The request is for a variance to locate the building outside of the build-to zone Planner: Quin Thompson BACKGROUND: Property Description: The subject property is located at 229 E South Street. The property is a conforming undeveloped lot in the DG zone. It currently has water but no sewer service available, however the applicant is in the process of extending a sewer main to provide service to the property. The site contains significant trees, which the applicant identifies as Catalpa. A number of the trees shown on the submitted site plan are no longer on the property, as shown in the annotated site plan. Proposal: As shown in Table 2, the request is for a 25'-0" variance of the 0-25' build-to-zone, placing the nearest comer of the proposed residence at 50'-0" from the front property boundary. Table 1 Surrounding Land Use/Zoning Direction from Land Use Zoning Site North Single- RMF-24, Residential Multi Family 24 Units per family/Commercial Acre/R-0, Residential Office South Single-family NC,Neighborhood Conservation East Single-family DG, Downtown General West Single-family NC,Neighborhood Conservation Board of Adjustment January 6,2014 Agenda Item 2 BOA13-4588 Manack Page 1 of 12 Table 2 Variance Request Applicant's Variance Issue Ordinance Requirement Request Build-To-Zone 0-25' from Right of Way 25' variance Public Comment: Staff has not received public comment on the variance request. RECOMMENDATION: Staff recommends approval of a 25'-0" variance of the build-to-zone, subject to the following conditions of approval: Conditions of Approval: 1. In order to preserve the existing trees that require the build-to-zone variance, the following shall be required: a. Construction, materials staging, and all utilities must be arranged on the site to limit adverse effects to the existing trees. b. Tree preservation fencing shall be erected at the extent of drip line prior to issuance of building permit, to remain in place until Certificate of Occupancy is granted. c. Paving should not occur under the drip lines of the existing trees; the submitted site plan is not approved for purposes of drive and sidewalk Paving. BOARD OF ADJUSTMENT ACTION: ❑Approved ❑ Denied Date: January 06,2014 Motion: Second: Vote: Note: FUTURE LAND USE PLAN DESIGNATION: Walker Park Neighborhood 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: Board of Adjustment January 6,2014 Agenda Item 2 BOA13-4588 Manack Page 2 of 12 (B)Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; Finding: Staff finds that here are two mature trees in good condition that would have to be removed in order to place a residence within the build-to-zone. This condition is unique to this property, and in staff opinion, causes undue hardship. (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: Granting the variance will be in keeping with the spirit and intent of the zoning ordinance. The applicant proposes a variance to the build-to-zone requirement in a neighborhood where significant variation in front fagade placement already exists. Further, the variance will allow for the preservation of significant trees in the build-to-zone of this particular site. This variance is in keeping with the spirit and intent of the City's ordinances and policies to preserve trees and develop in a sustainable and environmentally friendly manner. (C)Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land, building or structure. Finding: Staff finds that the requested variance of the build-to-zone is the minimum necessary variance in order to preserve the existing trees, and that the home itself will have a modest and very compact footprint. (D)Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Staff has recommended conditions of approval, as listed on page two of this report to ensure preservation of the existing trees. (E) Non permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: The DG, Downtown General zoning district allows single family residential use. Board of Adjustment January 6,2014 Agenda Item 2 BOA13-4588 Manack Page 3 of 12 UDC CHAPTER 161: ZONING REGULATIONS 161.25 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/ Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (13) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices,studios,and related services Unit 26 Multi-family dwellings Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel,motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation,small sites Unit 28 Center for collecting recyclable materials Unit 36 1 =communication facilities Unit 40 Sidewalk Cafes (C) Density.None Board of Adjustment January 6,2014 Agenda Item 2 BOA13-4588 Manack Page 4 of 12 (D) Bulk and area regulations. (I) Lor width minimum. Dwelling all unit types) 18 ti. (2) Lot area minimum. None. (F) Setback regulations. Front A build-to zone that is located between the front property line and a line 25 1 from the Front property line. Side None Rear 5 R. Rear, from center line 12 ft. of an alley (F) Minimum buildablestreerfrontage. 50%o0otwidth- (G) Building height regulations. 11 Building Height Maximum 56 ft. (Ord.5028,6-19-07;OnI.5929.6-19-07:Ord.5312.4-20-10;Ord.5462.12-6-11;Ord.5592,04-18-13) G:17;7L'lLlevelopmentSen rcrs Reviemllal JlDevrlopnrera Revier013-4588 BOA 219 ti South 5't(Maimck)101 BOA161-06- 20141Commenu and Nedlims Board of Adjustment January 6,2014 Agenda Item 2 BOA13-4588 Manack Page 5 of 12 SILO ARKANSAS OFFICE a 547 N Longfellow Lane Fayetteville AR 72704 v +1479 310 0531 f +1888 213 4659 h http://www.siloard.com 21 November 2013 Project # 1308_Manack-Vimr Residence Variance Kristen Knight Chair, Board of Adjustments The City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Chair of the Board of Adjustments, Please accept this application for variance for the proposed single family residence to be located at 229 East South Street, Fayetteville, Arkansas 72701. I am requesting this variance as the Architect and future Homeowner. PROJECT SUMMARY The existing lot currently does not have a structure, contains many established ornamental trees, and abuts the Sprout Spring Branch. The proposed residence is two stories, and is 1,425 square feet. Two off street parking spaces are required and will be provided by a single car garage and parking for one additional car in the driveway, which will be partially covered by a second floor overhang. VARIANCE REQUESTED We are requesting a variance from the 25 foot build-to line at the property's frontage. We would like to locate the house approximately 25 feet back from the build-to line in order to make the house aligned closer to the frontage adjacent homes, and to avoid cutting down existing Catalpa trees at the property's frontage. This existing property is a unique location as it fronts on the corner of a narrow block of East South Street, and, for the foreseeable future, will be the only structure fronting South Street within the block. Placing the building to the 25' build-to zone would be out of character with the surrounding properties, all of which are set further back than 25' from their respective street fronts, subsequently undermining the codes intent to establish a consistent density and feel within a neighborhood. Furthermore, the existing site possesses natural beauty that we desire to preserve; including several established ornamental trees are located on the property. We have situated the home to avoid the root structure of those trees in the foundation of the house. Granting this variance would not give our particular site or project any privileges, It will simply uphold the spirit of the code. We are one of the first families In quite some time to build In this particular piece of Fayetteville, and hope that our investment will spur Its continued rejuvenation. �y mitted for your acceptance, arc Manack, AIA NCARB Principal SILO AR+D LLC Board of Adjustment January 6,2014 Agenda Item 2 BOA13-4588 Manack Page 6 of 12 -\ � e 1 I I n � .. _ �M_ 2g•Fl 929. i- ro' .�'A% i 229 E. South St. Subdivision: Boles Add Lot#: 003 Parcel No. 765-02994-000 Zoning Setbacks Front Setback: 25'-0" Rear Setback: 5'-0" Side Setback: 0'-0" Proposed Setbacks Front Setback: 50.0' Rear Setback: 106.4' Side Setback: 9.2' Side Setback: 9.2' 1308 Manack Vimr Residence Site Plan N SILOJanoa Adjustment January6,2014 Scale 1" = 40'-0" jhIQ %�A J013 BOA13-4588 Manack Page 7 of 12 - o�. �. ��.y I n x n • � minen aL35YT. :Nnuva,l h ��m Q.:r,c � t �. � a. ose ze - ai�ev.•m, ro". Mp .06'.3 W1Vps SI dk B 3WQ ., C> AYAKIAaY :9771A ASLAAt3 f r r �•�IMA SA%L.S R.lIfO,S y u ` -�U�`S518 3D$S� symrrn� • sa;e9 N')VNVW DJ JvW QNID'1'1 ,cnn.ti'wukrnunm+ a .I. fp gir 4, a *SOdg�""w, RHO- n � �`t, •.. g51�, ��x5 po ' O 54, ro z � W C r` n e N H n J. a M pUp �� o�ctW 6<a44 vi €�i G . 1 _.Lf djustment u «��' -'"�� coinu ary6,2014 c! � Ag nda Item 88 Manack Page 8 of 12 MSP ROW = 25'=0" from centerline tree removed / d / �p� yp J . w j tree removed s L? trees removed 1 f 229 E. South St. Subdivision: Boles Add Lot#: 003 Parcel No. 765-02994-000 Zoning Setbacks Front Setback: 25'-0" Rear Setback: 5'-0" Side Setback: 0'-0" Proposed Setbacks Front Setback: 50.0' Rear Setback: 106.4' Side Setback: 9.2' Side Setback: 9.2' 1308 Manack Vimr Residence Site Plan N SILO J of Adjustment anuary6,2014 Scale 1" = 40'-0' q tebaf BOA13-4588 Manacknack Page 9 of 12 � .�k k{'�,5{rypr�' bil i - � _ '1 l �e11 M+ •., d: „0 1 _ � -'�w` WWI ��M ^� ?aayr.'F 4. _ s c y I/ �Y n ¢.ASIFS +'�•! 1 Yy r 'J.a i�• 'F' } �� Irv ��V/"aF Sr P p � �, 1 �•: I�t$r1�•%A �. r.p `L a �'7'.,.a '�� .f d.. 1 A•� ' % al�'Yr�p.i Fes* y,\ ''°5 :r r°•+ .r+ ,�, -��`r' •ata � i r q I _ g • � BOA13 4588 MANACK One Mile View RM1I 1 r RSFd RSiF '. ' {L'RSTL xI f RSFM.♦] ly, R8F uR3[.0� td t� � �I.. 9 I•+f� "PROSPECT SY " T - PROSP ¢TST �1-�iasFN Ft �~�• a RSa I, w a Ra FI I .w i .. f 1 I u1 yF • I SUBJECT PROPERTY P1 r• . ^^Flll F P 3 �t P-1 Rand I.1 tiMb� .� • r G1 I L1 � 1796 = t Rvm ' MGC T .' t� FPI•. ��.FJ !� {1 J GYRO � P.1 P - •7f R.O RS�FI�y, P.19M 1917Two Ri P:1 •} 13TH ST r I �� • 02 I- RI '1 ail 0 a I.t F 21 :'- - R9.FH- - I'-R+y ruin RPMRSF1RSF,d I - I 111 C t Overview Legend BOA 13-4588 Subject Property QeoA13-4586 l___� Desi n Overlay District j-Z' ❑ +, t7 Boundary - - -� Plan Ing Area Fay tteville 0 0.25 0.5 1 M les Board of AdJustmerit Agenda Item 2 BOA13-4588 Manack Page 11 of 12 BOA13-4588 MANACK Close Up View ROCS All I isl�.lf� � � I I I l J r - Y L ` rOG- � 'l .Yt 11i M1 [ [+IIS IF . lam - ', lI � Jam'-, ��'ik.. , 4 �, SUBJECT PROPERTY 111 I Y ' II I�If RSF.8 '._ 11 4I r ti 11 I Rla _ ,Ir I - SOUTH ST , !!�� '�' SOUTH ST I III Logap w I 4TH ST RO I 4TH sr I OA13-4588 Footprints 2010 _ Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feet Board of Adjustment January 6,2014 gena em BOA13-4588 Manack Page 12 of 12