HomeMy WebLinkAbout2005-03-07 - 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
Monday,March 7,2005, 3:45 p.m.
Room 111,City Administration Building
PLEASE NOTE CHANGE IN THE MEETING ROOM. THIS IS A TEMPORARY CHANGE.
The following items will be considered:
Approval of Minutes from the 02/07/2005 meeting.
New Business:
1. BOA 05-1405(WARREN,360): Submitted by KIMBERLY&BRUCE WARREN for property located at 2078 N
FREEDOM PLACE. The property is zoned RSF-4, SINGLE FAMILY-4 LJNITS/ACRE and contains approximately 0.33 acres. The
requirement is for 25'front setbacks. There are two fromages on the subject property. The request is for a 24'setback(a
I'variance)and a 23'setback(a 2'variance.) Planner:LEIF OLSON
2. BOA 05-1406(SANG/HOLLYWOOD SHAKE'S BLDG.,559): Submitted by CITY OF FAYETTEVILLE for property
located at THE NW CORNER OF SANG AVENUE AND 6TH STREET. The property is zoned C-2�THOROUGHFARE
COMMERCIAL and contains approximately 0.39 acres. The requirement is for a 50'front setback. There are four front setbacks on
the subject property. The request is for a 21.22'setback on Old Sang(a 28.78'variance), a 14.12'setback on 6th Street(a 35.88'
variance),and a 37.32'setback on Old Farmington(a 12.68'variance)to accommodate the existing building.
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
are open and available for inspection in the office of City Planning(575-8267),125 West Mountain Stree�Fayetteville,Arkansas.
All interested parties are invited to review the petitions. Interpreters or TDD for hewing impaired aoc available for all public
hemings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330.
ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions & Answer with Board
F. Action of the Board of Adjustment(Discussion & Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Adjustment on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Board
members the opportunity to speak and before a final vote is taken. Public comment will
only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Board of Adjustment.
2005 Board of Adjustment Members
Sherrie Alt
Michael Andrews (Chairman)
Michael Green
Robert Kohler
James Kunzelmarm
Bob Nickle
Joanne Olzewski
ARKANSAS
BOA Meeting of March 7, 2005
125 W. Mountain St.
Fayetteville,AR 72701
Telephone: (479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Leif Olson, Associate Planner
THRU: Jeremy Pate, Zoning& Development Administrator
DATE: February 5, 2005
BOA 05-1405 (KIMBERLY WARREN, 360): Submitted by KIMBERLY WARREN
for property located at 2078 N. FREEDOM PLACE. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY -4 UNITS/ACRE and contains approximately 0.33
acres. This property has two front building setbacks. The request is for a 24' front
setback (a V variance), and a 23' front setback(a 2' variance).
Planner: LEIF OLSON
RECOMMENDATION:
Staff recommends approval of the requested front building setback variance as
shown on the attached site plan with the following condition(s):
1. The setback variance shall apply only to the existing structure with the site
plan submitted for this request. Future additions or alterations shall comply
with setback requirements for the zoning district in which the property is
located. (This does not preclude future variance requests if appropriate
findings can be made by the Board of Adjustment).
Additional Conditions/Comments:
-Q,
-'Oe
Ve
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KAReports\2005\B0A Reports\03-07-05\BOA 05-1405(W�en).doc
BACKGROUND:
Property description: The subject property is located at 2078 N. Freedom Place, and is
more accurately described as Lot 121 of Bridgeport Subdivision Phase 3. Currently, a
two story brick home exists on the lot. This lot complies with all bulk and area
requirements.
Background: This home was built in 2000. The building permit application (attached)
shows that the builder was aware of the setback requirements on this lot; however, the
home was not located properly on the lot. The encroachment into the front setbacks is
minimal with 96 sq. ft. on the north side of the home and approximately 10 sq. ft. of the
front porch.
Proposal: The applicant requests a variance for both front building setbacks.
Request: The request is for a front setback variance of 2' resulting in a 23' setback along
the north property line, and a front setback variance of l' resulting in a 24' setback along
the west property line.
Recommendation: Staff recommends approval of the requested variance for the structure
as it currently exists.
I Ordinance Requirement Applicants Request
Front Setback (north) 25' 23' (a 2' variance)
Front Setback (west) 1 25' 24' (a F variance)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
—North ��n le-family residential RSF-4, Res. Single-family, 24 units/acre
South Single-family residential RSF-4, Res. Single-family, 24 units/acre
East Single-family residential RSF-4, Res. Single-family, 24 units/acre
West Vacant RSF-4, Res. Single-family, 24 units/acre
GENERAL PLAN DESIGNATION Residential
FINDINGS:
* 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless
and until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist
which are peculiar to the land, structure, or building involved and which
KAReports\2005\B0A Reports\03-07-05\BOA 05-1405(Waaen).doc
are not applicable to other lands, structures or buildings in the same
district.
Finding: Special conditions do exist for this property which are not applicable
to other lands in the same district. The builder at the time of
construction was aware of the setback requirements; however a
mistake was made in locating the home and subsequently the home
encroaches a minimal distance into the building setback.
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 deprive the
applicant of rights that are commonly enjoyed by other properties in
the same district.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: Special conditions or circumstances are not the result of the actions of
applicant. The site plan submitted for a building permit shows the
location of the home meeting all setback requirements. The special
conditions that exist for this property are the result of a
miscalculation of the setback distances by the original builder of the
home.
4. No Special Privileges. That granting the valiance 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 front setback variances will not confer special
privileges on the applicant.
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\Reports\2005\130A Reports\03-07-05\BOA 05-1405(Waffen).doc
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,March 7,2005.
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 front setback variances are justified by the reasons set
forth in the application, and the variances requested are the minimum
variances that will make possible the reasonable use of the home.
b. Harmony with General Purpose. The Board of Adjustment shall
further make a finding that the granting of the variance will be in
harmony with the general purpose and intent of Zoning, Chapters
160-165, and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
Finding: Granting the variance will be in harmony with the general purpose
and intent of zoning regulations.
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: Reasons set forth in the application do justify granting the requested
variance.
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 structure is a single family home, a use permitted by
right in the RSF-4 zoning district.
161.07 District Rsf-4,Residential Single-Family—Four Units Per Acre
KAReports\2005\BOA Reports\03-07-05\BOA 05-1405(Waffen).doc
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of
these types.
(13) Uses.
(1) Permitted uses.
Unit I City-wide uses by right
Unit 8 Single-family dwelling
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Single-,family 7 or le M Y
dwel in s =
Units per acre 4 or less liss,1;
(D) Bulk and area regulations.
Single-family Two-family
dwellings dwellings
Lot minimum width 70 ft. 80 ft.
Lot area minimum 8,000 sq.ft. 12,000 sq.ft.
Land area per 8,000 sq.ft. 6,006 sq.ft.
_qwelling unit
(E) Setback requirements.
Front Side Rear
25 ft. 1 8 ft. 20 ft.
(F) HeighL None.
(G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of
such lot.
(Code 1991,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99)
KAReports\2005\BOA Reports\03-07-05\BOA 05-1405(Warren).doc
Kimberly Warren
233 6 W Skyler Drive
Fayetteville, AR 72703
February 9, 2005
Michael Green
Office of City Planning
125 West Mountain
Fayetteville, AR 72701
Dear Mr. Green,
In order to complete the sale of our current home (2078 N Freedom Place in the Bridgeport
Subdivision) on February 10, 2005, the buyers (Joel and Shelley Slachowitz) had a survey performed
on the property, and it was determined that the home is in a slight violation of the set-backs established
for construction. Because a survey was not performed prior to our closing back in May of 2003, we
were unaware of the problem, and we are attempting to obtain a variance for this property at the
request of the buyers and the Title Company. The buyers have agreed to buy the house as long as the
application is submitted and the fee is paid prior to closing on Thursday, February 10, 2005 at 4:OOPM.
Due to the circumstances of the situation (since this was no fault of our own), and since the violation
appears to be minor, the Office of City Planning indicated that it would be no problem to obtain a
variance for this property. I personally spoke with Jesse Fulcher(Planning Technician), and the buyers
met with someone personally in the department to discuss this situation.
I am writing this letter to request that you grant a variance for this property in the Bridgeport
Subdivision (2078 N Freedom Place, Lot 121). 1 have included all requested items in the application
and feel that we have satisfied all criteria (a-d) in Item 7 of the requirements, as stated in the Variance
application. The violation of the setback occurred prior to our ownership and we were unaware of the
problem until a recent survey was performed. Without a variance, the property would not be able to
transfer ownership.
I would be happy to address any questions or concerns you may have and can be reached at 200-5744
anytime. Otherwise, I look forward to a speedy application and approval process. Thank you for your
consideration.
Sincere y,
Kimberly"Warren
BUILDING PERMIT APPLICATION Office Use Only
CRY of Fayefterville InspectonlOvislon Review Routing 9 Approval
1113WestMounlaintstreel APPROVAL-
Fayetteville.AR 72701 DIVISION 1 COPY 1131-01<1 DATE
Phone:501-575-8233 Fax 501-5754316
Dle Submitted: 10
Permit 4!
Landscape
SITE ADDRESA
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Lot: Block:IYA Subdivision:
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W&t —NEW AtSITION
—ALTERATION _REPAIR MOVING —DEMOLITION OTHER:
—FOOrnNGONLY —EXTERIORONLY _TENANTFINISH _DESIGN/S ILD
Residential: Single Family
family(number of units: Tomihouse
Valuation of Work Building Information
Structural: 64,4cw� #of Stories; S.Total Ane, sq.ft
Electrical: $ S.INOD Co— Height: JP I Total H,ate&Cofd sq.a
Plumbing- 3 Length: :5 44 Total dirmesteck. sq.R
Width:
Mechanical: 3
3 Slab Floor Add./Aft Area: it
tY—N Public Se�cr:
11rotal: easement SqR Struclure: Wood elall
em Mssorvyf�oihcr—
Building will comply%61h Arkanses Energy Cc*Requirements&kA):
Is a relainingwall to be constructed?
&No): Engineering Approval:
Arc YOU("POM1119C for Other buildings In this subdivision7?&NO). EngiriftringAppmal.
Flood Plain?&N.): :Base Flood Elevation: ;L�sl Finished Floor. Its Planning Approval:
AR.PMg.Approval No. WaShCo.Septic Apprml No: cag0a -
..........................................................................................................................................
DESCRIPTION OF WORK- .......................................................
!Use of Building:
.................................................................................... Previous Use:
............
ConstruellonType. Do cup@ my G ro,up.,
Max Occupancy Land: Fro Zone:
Protection(hours): Sprialdered. Y., N:
NOTICE
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMaING,GAS,MECHANICAL,AND SIGNS.
THIS PERMIT BECOMES NULL AND VOID OF WORKICONSTRUCTION AUTHORIZED IS NOTCOMMENCED
WITHIN 6 MONTHS.OR IF WORKCONSTRUOTIDN IS SUSPENDED OR ABANDONED FOR A PERICIDOF 6 MONTH.
I horsily codify that I how read sad examined this appsslion end W�the sems I*I,tm end OMd WSW, le,
ANP ef end
OnIhmm gw�ftthls type ofvjwkwM becompliscliwilhwhather spowledhere4r,at not. ThagresAW4alispose4doegmet
Presume IQQW 11114"Yto vickto orcancel the or socel lowlagwo consinttionror(he
performance of construction.
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Noff.14so"llm orpornwed ww*may re"006 weefiless,not A *Vivislaft"Wow.
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RVIZICATION OF ZON-
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ZOiUNG DIS 71CT--R:�
PLOT PLAN The applicant inustprovide a drawing showing proposed buildings, additions to
existing buildings,off-street parking,driveways,and other proposed permanent improvements
like pools,hot tubs,heating or A.C. units,decks,carports,etc. The distance from any proposed
structure to property lines must be clearly indicated. if the building has all overhang,you must
show the distance from the overhang to the property line. MOTE. Properof lines call be
accill,tilL,IydL,.Ieriiiiiiedoitlybystirv(.,),. The street is not thefrontproperty Him.
BUILDING SETBACKS Proposed Minimum Comments
North 21C
South --Jr—
East ji
West 42x? 01 LS-
HEfGHT The heightof the proposed building will be
ADDITIOiNAL VX,-VIEWS
Goird I ofAdjustment Large Scale Development
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Planning-C,glaunisgion Lot Split
IOV --IEN rs'
irs required along 12Nc 41CAJ 0-f Eccx6n
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I constructed in accordance to specificariolls ill (lie City's Sytrect and Sidew.
Ordinance.
KLI�qaiml No permanent water metcr will be set until permanent house numbers(visible
I-&om-d=-%TFeet and at least 4" high)arc'installed on the building. House numbers may not be
changed without approval from the Water Department.
PAVED DIUVEWAYS AND PAMING AREAS
.1,
1�S�avedt wtith [lot mix asphalt or portland cerwit.
.v w V ust be surfaced for a minimum of/a?Z2 feet into tile Property.
b
The parking area(s)must be jiduad into a minimuni or spaces of
size,of these spaces,_shall be ADA accessible including_for van
accessibility,and shall inclul:16 accessible ramps where needed. You must also provide curbs,
bumper guards or wheel stops so that no part of a parked vehicle extends beyond the boundary of
the purking lot.
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Aud L IX IV
ARKANS-Z
TFIE CITY OF FAYETTEVILLE ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION COFRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: March 3, 2005
BOA 05-1406 (SANG/HOLLYWOOD SHAKE'S BLDG., 559): Submitted by CITY
OF FAYETTEVILLE for property located at THE NW CORNER OF SANG AVENUE
AND 6TH STREET. The property is zoned C-2, THOROUGHFARE COMMERCIAL
and contains approximately 0.39 acres. The requirement is for a 50' from setback. There
are four front setbacks on the subject property. The request is for a 21.22' setback on Old
Sang(a 28.78' variance), a 14.12' setback on 6th Street(a 3 5.8 8'variance), and a 37.32'
setback on Old Farmington(a 12.68'variance)to accommodate the existing building.
Planner: SUZANNE MORGAN
RECOMMENDATION:2
St
aff recom' mellids,2pproval of the requested front setback variances as shown on '
the attached,site plan with'the following conditions:
1. The setback variance shall apply only to the footprint of the existing
structure as shown on the site plan submitted for this request. L
2. No expansion or reconstruction of the existing structure,without Board of
Adjustment approval, shall occur within required setbacks as established by
zoning,with the exception of those noted herein.
A buildin I g,permit shall be I obtained prior to commencement of any
construction. All existing structures, easements and utilities shall be located
on the site plan submitted for building permit consideration.
4. A Certificate of Zoning Compliance shall be issued prior to occupancy of the
structure.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: 0 Approved 0 Denied
Date: March 7,2005
K.,Teports�2005WA ReportsI03-07-05WA 05-1406(Shake's).doc
BACKGROUND:
Property description: The subject property is located north of 6h Street, catercorner from
McDonald's restaurant. The property is zoned C-2, Thoroughfare Commercial, and
surrounded on all sides by street rights-of-way. The existing structure is currently vacant.
Background: In 2003,the City of Fayetteville purchased this roperty in order to
construct the intersection improvements to Hollywood/Sang/69 Street. SangAve. was
reali ned to the east of its previous location to line up with Hollywood on the south side
of 6 W street. With the new alignment of Sang Avenue, Old Farmington Road was
reconfigured to intersect with Sang north of the previous intersection. This realignment
of Old Farmington Road left a portion of right-of-way on the north side of this property
that was not needed for City purposes and subsequently vacated in August of 2004.
Request: The request is for a front setback variance to the north, south, and west where
the existing structure encroaches within the required 50' setback. (See chart below.) The
property shall be sold in anticipation of future occupancy or redevelopment of the
property-
Recommendation: Staff recommends approval of the requested variance for the structure
as it currently exists.
Ordinance
Location Requirement Applicant's�keg pest
West Front�Setback(Old Sang Ave.) 50' 21.22' (a 28.78"variance)
North Front Setback(Old Farmington) 50' 37.32' (a 12.68' variance),
South Front Setback(6' St.) 50' 14.12' (a 3 5.88' variance)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Public School P-1, Institutional
South McDonald's,Taco Bell 1-1, Heavy Commercial & Light Industrial
East Liquor Store, restaurants, etc. -�-2, Thoroughfare Commercial
West Pawn Shop, KFC,Blockbuster C-2, Thoroughfare Commercial
GENERAL PLAN DESIGNATION Regional Commercial
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless
and until an application demonstrates:
K.ReporisI200500A ReportsIO3-07-051BOA 05-1406(Shake's).doc
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 do exist for this property,which are not applicable
to other lands in the same district. The property is surrounded by
four rights-of-way. Three of the surrounding streets have been
improved and are in use by the public. Old Sang Ave. located to the
west of the property is no longer a through street, but instead dead-
ends north of 6t" Street. Each property line adjacent to right-of-way
is considered a "front" property line and requires a 50' building
setback in the C-2 zoning district. As a result of the enforcement of
the required setbacks, there would be no useable building area for
development.
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 deprive the
applicant of rights that are commonly enjoyed by other properties in
the same district. The existing structure is non-conforming and any
alteration or enlargement to the structure shall comply with
ordinances regulating non-conforming structures. Should the
structure be removed,no structure could be permitted on the
property due to the extensive building setbacks.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: Special conditions or circumstances are not the result of the actions of
applicant. The structure was constructed prior to ownership of the
property. The realignment of the surrounding streets an d redirection
of traffic have resulted in unique circumstances that should not
hinder the future use or redevelopment of the property.
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 front setback variances will not confer special
privileges on the applicant.
K.TeportsI20051BOA ReporisW-07-051BOA 05-1406(Shake's).doc
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, March 7,2005.
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 front setback variances are justified by the reasons set
forth in the application, and the variances requested are the minimum
variances that will make possible the reasonable use of the existing
structure and property. Staff recommends granting the minimum
variances required to allow the footprint of the existing structure to
be compliant within the C-2 zoning district.
b. Harmony with General Purpose. The Board of Adjustment shall
further make a finding that the granting of the variance will be in
harmony with the general purpose and intent of Zoning, Chapters
160-165, and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
Finding: Granting the variance will be in harmony with the general purpose
and intent of zoning regulations.
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: Reasons set forth in the application do justify granting the requested
K.WeportA2005WA ReportsI03-07-05WOA 05-1406(Shake's).doc
variance.
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 previous use of the existing,vacant structure was permitted in the
C-2 zoning district. At the time a new business requests use of this
structure, a Certificate of Zoning Compliance shall be submitted to
the Planning Division for review.
K.IReportsI2005WOA Reports103-07-05180,4 05-1406(Shake's).doc
161.17 District C-2,Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional
grouping of these commercial enterprises catering primarily to highway travelers.
(13) Uses.
(1) Permitted uses.
Unit I City-wide use by right
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 Neighborho d shopping goods
-Unit 16 Shopping goods
Unit 17 Trades and services
Unit 18 Gasoline service stations&drive-in res uran a
g� 12 Commercial recreation,small sites
U2t M Commercial recreation,large sites
Unit 33 1 Adult live entertainment club or bar
Unit 34 1 Liquorstore
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilifies
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
-Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Sethack regulations.
-Co a residential district 15
Rear 20 kt :�
(F) Height regulations. In District C-2 any building which exceeds the height of 20 feet shall be set back
from any boundary line of any residential district a distance of one foot for each foot of height in
excess of 20 feet. No building shall exceed six stories or 75 feet in height.
(G) Building area. On any lot,the area occupied by all buildings shall not exceed 60%of the total area of
such lot.
K.Weports120051BOA ReportsI03-07-051BOA 05-1406(Shake's).d�
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