HomeMy WebLinkAbout2012-08-06 - Agendas (2) •
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, AUGUST 6, 2012 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the July 2, 2012 meeting.
New Business:
2. BOA 12-4184: (3825 N. SHILOH/BUCK NEKKID, 174): Submitted by JOE BROOKS for
property located at 3825 N. SHILOH. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 2.61 acres. The request is for a variance from the front
setback requirements to allow for an outdoor stage. 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.
2012 Board of Adjustment Members
Robert Kohler (Chairman)
Jeff Hagers
Evan Niehues
Kristen Knight
Tim Stein
Matthew Hoffman
Board of Adjustment Meeting
July 2, 2012
Page 1 of 5
MINUTES OF THE
BOARD OF ADJUSTMENT
A meeting of the Board of Adjustment was held on July 2, 2012 at 3:45 p.m. in Room
111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: June 4, 2012 Approved
Page 2
New Business:
ADM 12-4152: Administrative Item(629 S. BLOCK STREETMAMAKER, 523):
Page 3 Denied
MEMBERS PRESENT MEMBERS ABSENT
Robert Kohler Tim Stein
Kristin Knight Jeff Hagers
Matthew Hoffman
Evan Niehues
STAFF PRESENT
Andrew Garner
Jason Kelley
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
Board of Adjustment
August 6,2012
Agenda Item 2
BOA 12-4184
Board of Adjustment Meeting
July 2, 2012
Page 2 of 5
Approval of the minutes from the June 4, 2012 Board of Adjustment meeting.
Motion•
Board Member Neihues made a motion to approve the June 4, 2012 Meeting Minutes.
Board Member Hoffman seconded the motion. Upon roll call the motion passed with
a vote of 4-0-0.
Board of Adjustment
August 6,2012
Agenda Item 2
BOA 12-4184
Board of Adjustment Meeting
July 2, 2012
Page 3 of 5
ADM 12-4152: Administrative Item (629 S. BLOCK STREET/HAMAKER, 523): Submitted
by CHRIS HAMAKER for property located at 629 SOUTH BLOCK STREET. The property is
zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.15 acre. The
request is to remove condition of approval #3 from the approval of BOA 11-3951 (629 S.
Block/Hamaker).
Andrew Garner, Senior Planner, gave the staff report.
Board Member Kohler asked if the applicant's proposal would violate any code.
Garner discussed that it would not violate a code but one of the conditions of approval.
Board Member Kohler asked the applicant about their proposal.
Chris Hamaker, applicant, discussed that they want to maximum the use of the property, including
to provide a larger yard with the proposed layout.
Board Member Knight asked about other homes in this neighborhood having two car carports and
referred to the photos provided by the applicant.
Chris Hamaker, applicant, indicated that there do not appear to be other homes that have two car
carports. Many of the homes utilize on-street parking.
Board Member Neihues discussed that some of the cars will hang over the sidewalk as designed
as there is not enough room for cars to stack one behind the other. He discussed that the subject
condition of approval was a small concession to get the two smaller lots by the variances.
Board Member Knight discussed that the photos submitted by the applicant make it detrimental to
their case as there are no similar homes to that proposed with large two-car carports right on the
street.
Albert Skiles, applicant's architect, gave a presentation discussing reasons for the site layout. He
discussed that parking in the neighborhood is a mess and that the neighborhood is chaotic. He
explained reasons for the carports in the front in order to utilize a larger backyard area.
Board Member Hoffman discussed agreement with staff that parking in the neighborhood is not
chaotic and is not a problem. He explained concerns that this layout is enabling a precedent for a
suburban pattern in this urban setting.
Board Member Neihues discussed that in contrast to the applicant he appreciates cars on the street
as it protects the pedestrians walking on the sidewalk and creates a more pedestrian-friendly
environment.
Board Member Knight discussed that the Neighborhood Conservation (NC) zoning is intended to
conserve the existing neighborhood and to minimize parking.
Board of Adjustment
August 6,2012
Agenda Item 2
BOA 12-4184
Board of Adjustment Meeting
July 2, 2012
Page 4 of 5
Board Member Kohler asked about re-orienting the lots to enter off of 7'h Street. He discussed that
the build-to zone is intended to bring structures to the front of the lot which is what the applicant is
doing with their carports.
Board Member Hoffman discussed that the elevations submitted by the applicant are great, but
that in less capable hands this would not be a desired pattern.
Board Member Kohler discussed that we do not consider precedent in these decisions.
Jason Kelley,Assistant City Attorney, discussed that this is not a variance. It is a request to amend
the conditions of approval. The decision needs to be made whether it is necessary to have this
condition in order to have the variances.
Board Member Neihues discussed that having garages right on the street is against City Plan
2030.
Board Member Knight discussed that 50%of the frontage will be carport.
No public comment was presented.
Board Member Kohler discussed that there are no clearly defined requirements. What should
apply?
Board Member Knight stated that she understood why we wrote this condition. It is a goal of NC
zoning to be compatible with the neighborhood.
Board Member Neihues discussed City Plan 2030,the intent of what we are trying to create.
Board Member Hoffman discussed that he would prefer a one-care structure. When the next
applicant comes and shows up and if this is built, the character of the neighborhood would include
these homes where 50% of the fagade for cars is a suburban prototype and we do not want to
encourage this pattern in downtown Fayetteville.
Board Member Neihues stated that this is not a suburban area. He discussed the logic behind this
condition and can't see supporting the carports all the way to the front. There needs to be at least 18
feet between the sidewalk and the building for a car to park.
Board Member Kohler discussed that he likes backyards and is in favor of the request.
Board Member Hoffman discussed that a one-car carport would be in keeping with the
neighborhood.
Various Board members discussed options for designing these lots and modifying the request.
Jason Kelley, Assistant City Attorney, discussed that the decision is should this condition be
there.
Board of Adjustment
August 6,2012
Agenda Item 2
BOA 12-4184
Board of Adjustment Meeting
July Z 2012
Page 5 of 5
Motion:
Board Member Knight made a motion to deny ADM 12-4152. Board Member
Hoffman seconded the motion. Upon roll call, the motion passed with a vote of 3-1-0,
with Board Member Kohler voting no.
There being no further business, the meeting was adjourned at 5:00 PM.
Board of Adjustment
August 6,2012
Agenda Item 2
BOA 12-4184
•
Tay�etevl e BOA Meeting of August 6, 2012
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, Associate Planner
THRU: Jeremy Pate, Director of Development Services
DATE: July 31, 2012
BOA 12-4184 (3825 N SHILOH DR/BUCK NEKKID BBQ, 174): Submitted by Buck Nekkid
BBQ for property located at 3825 N. Shiloh Dr. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 2.61 acres. The request is for a 6' front setback (a
19' variance) in order to allow for an outdoor stage. Planner: Quin Thompson
BACKGROUND:
Property description: The subject property is located at 3825 N. Shiloh Dr. An existing
restaurant of approximately 12,000 SF is currently occupied by Buck Nekkid BBQ. The larger
business plan calls for the site to be developed as a restaurant and family attraction with various
events throughout the year.
Background: CUP 12-4084 allowing outdoor music was approved on April 23, 2012. Following
the approval, a stage was built in an unapproved location nearby. A building permit was not
applied for before construction; an permit application has been submitted and review is pending
the decision of BOA 12-4184.
Proposal: As shown in Table 1, the request is for a 6' front setback to allow the stage to remain
in the current location. Should the variance be granted, the Planning Commission will review an
amendment to the original CUP 12-4184.
Table I
Variance Request
Variance Issue Ordinance Requirement Applicant's Re nest
Front setback 25' 4' (an 19' variance)
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use Zoning
North, South, East, and West Commercial C2, THOROUGHFARE COMMERCIAL
Q9ETCIDevelopment Services Review120121Development RevievvU2-4184 BOA 3825 N.Shiloh Dr.(Buck Nekkid BBQ)WI Board of
Adjusuient108-06-20121Comments and RedlinesU?OA 124184 3825 NSHILOH DR-BUCK NEKKID 2.doc
Board of Adjustment
August 6,2012
Agenda Item 2
RECOMMENDATION:
Staff recommends denial of the requested front setback variance based on the findings
herein.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: Approved Denied
Motion:
Second:
Vote:
Date: Aueust 6, 2012
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 do not exist for this property related to the 25' front
building setback. As a whole, the lot is of sufficient width and area to allow
the construction of a stage for outdoor music in a number of locations,
including the space adjacent to the building already approved by the
Planning Commission. That the owner wants to locate the stage within a
setback is not a special condition of the property that warrants a variance.
Any new development proposed in the same district or on the same street
would be required to conform to the front setback requirement.
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 related to front building setback
would not deprive the applicant of rights enjoyed by other properties in the
same district. In staff opinion, there is ample room to locate the stage
outside the building setbacks as is evidenced by the applicant's CUP request.
Q9ETCIDevelopment Services Review120121Development Reviewl12-4184 BOA 3825N.Shiloh Dr.(Buck Nekkid BBQ)WI Board of
Adjusuient108-06-20121Comments and RedlinesU?OA 12-4184 3825 NSHILOH DR-BUCK NEKKID 2.doc
Board of Adjustment
August 6,2012
Agenda Item 2
Staff would recommend that the applicant relocate the stage to comply with
the requirements of the C-2 zoning district.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The requested variance is a direct result of the applicant's desire to construct
a stage outside of the location approved by the Planning Commission and
without approval from the City of Fayetteville. and provide outdoor music
that would encroach within the building setback. Staff does not find that the
shape and/or size of the lot, or topography, or any other issues presented in
the applicant's request are a special circumstance particular to this lot which
would necessitate the need for a variance.
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 building setback variance would confer special
privileges on the applicant. There is not a special condition or circumstance
that exists in this case that justifies a variance of the front building setback.
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 existing nonconformities or other nonconformities were 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 6, 2012.
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.
Q9ETCIDevelopment Services Review120121Development Reviewl12-4184 BOA 3825N.Shiloh Dr.(Buck Nekkid BBQ)WI Board of
Adjusuient108-06-20121Comments and RedlinesU?OA 12-4184 3825 NSHILOH DR-BUCK NEKKID 2.doc
Board of Adjustment
August 6,2012
Agenda Item 2
Finding: The requested front setback variance is not justified by the reasons set forth
in the application. The applicant can still make reasonable use of the lot
while complying with the required setbacks. There is adequate space for the
applicant to construct a venue for outdoor music and still meet all required
setbacks.
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 a front setback variance, without a finding of hardship, would not
be in harmony with the general purpose and intent of zoning regulations.
Also see Findings No. 1, 2, 3, and 3.a.
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 denial of the requested variance.
161.20 District C-2,Thoroughfare Commercial
Q9ETCIDevelopment Services Review120121Development Reviewl12-4184 BOA 3825N.Shiloh Dr.(Buck Nekkid BBQ)WI Board of
Adjusuient108-06-20121Comments and RedlinesU?OA 12-4184 3825 NSHILOH DR-BUCK NEKKID 2.doc
Board of Adjustment
August 6,2012
Agenda Item 2
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government Facilities
Unit 13 Eating places
Unit 14 Hotel,motel,and amusement facilities
Unit 16 Shopping oods
Unit 17 Transportation trades and services
Unit 18 Gasoline service stations and drive-in/drive
throu h restaurants
Unit 19 Commercial recreation,small sites
Unit 20 Commercial recreation, large sites
Unit 25 Offices,studios,and related services
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor store
Unit 44 Cottage HousinDevelopment
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 29 Dance Halls
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
Unit 38 Mini-storage units
Unit 40 1 Sidewalk Cafes
Unit 42 1 Clean technologies
Unit 43 1 Animal boarding and training
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front w/parking 50 ft.
Front w/o parking 25 ft.
Side None
Side,when contiguous to 15 ft.
a residential district
Rear 20 ft.
(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.
G:TTODevelopment Services Review120121Development RevievvU2-4184 BOA 3825 N.Shiloh Dr.(Buck Nekkid BBQ)BI Board of
Adjustment108-06-20121Comments and RedlinesUi OA 124184 3825 NSHILOH DR-BUCK NEKKID 2.doc
Board of Adjustment
August 6,2012
Agenda Item 2
PC Meeting of April 23, 2012
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain SC
Fayetteville,AR 72701 -
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Quin Thompson,Associate Planner
THRU: Jeremy Pate,Development Services Director
DATE: April 23, 2012
CUP 12-4084: Conditional Use Permit(3825 N. SHILOH DRJBUCK NEKKID BBQ, 174):
Submitted by TERESA BROOKS for property located at 3825 N. SHILOH DRIVE. The
property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.62
acres. The request is for a conditional use permit for outdoor music. Planner:
Quin Thompson
BACKGROUND:
Property: The subject property is located at 3825 N Shiloh Drive, is zoned C-2, Thouroughfare
Commercial, and contains approximately 2.62 acres. The property is currently utilized for the
Buck Nekkid BBQ.
Proposal: The applicant proposes to have live music a few times a week outside in an existing
outdoor area at the East end of the property as indicated on the site plan submitted by the
applicant.
Request: The applicant requests approval of an Outdoor Music Establishment, Use Unit 35,
within the C-2 zoning district.
Public Comment: The applicant notified all property owners within 500 feet of the site of the
proposed outdoor music establishment, and a public notice sign has been posted on the property
in accordance with code. Staff has not received any public comment.
Surroundin Land Use:
Direction from Site Land Use Zoning
North Commercial (restaurants) C-2
South Undeveloped Mud Creek) R-O
East Hw 7l N N/A
West The Home Depot C-2
GENERAL PLAN DESIGNATION: Urban Center Area
RECOMMENDED MOTION: Staff recommends approval of a conditional use on the
G:IETCIDevelopment Services Reviewl20]PDeielopmen[Reviewl it-3770 CUP 262 NSchool(Ringfish)103 Planning Commission 10411-
I BComments and Redlines
April 23,2012
Planning Commission
CUP 12-4084 Buck Nekkid BBQ
Agenda Item 11
Page 1 of 14 Board of Adjustment
August 6,2012
Agenda Item 2
subject property to allow outdoor music with the following conditions:
1. Prior to the Conditional Use Permit being valid, all outstanding permits shall be
required to obtain final inspection approval.
2. This conditional use shall be brought back to the Planning Commission for review
for further action or revocation should the City receive valid complaints as a result
of the outdoor music establishment. Determination of a subsequent review shall be
made by the Zoning and Development Administrator.
3. If the establishment or any band or any person operating at such establishment is
convicted of violating the Fayetteville noise ordinance (§96.06 of the Code of
Fayetteville),such violation may constitute grounds for revocation of this conditional
use to operate an outdoor music establishment.
4. When in use, the speakers or other amplification devices shall always face away
from residential properties (shall face north to northwest).
5. Relocation of the stage area or speaker location other than indicated in the site plans
herein shall only be approved by the Planning Commission.
6. All existing and new lighting shall comply with the Fayetteville outdoor lighting
ordinance((Jnified Development Code chapter 176).
7. The hours of operation of the outdoor music establishment shall be limited to those
listed herein: Thursday 10:00 A.M.-12:00 A.M.; Friday-Saturday 10:00 A.M. - 2.00
A.M, with the exception that outdoor music be allowed as late as permitted by the
noise ordinance during the Bikes Blues Bar-b-que festival.
S. Compliance with the City's noise ordinance, as enforced by the Police Department.
All music (acoustic or electronically amplified) shall be subject the regulations as
follows:
(A)No person shall operate or cause to be operated, or permit, contract or allow to be operated
on premises on public or private property any identifiable source of sound in such a manner
as to create a sound level within the use districts in Table 1 below which exceeds the
maximum noise levels as set forth in Table 1 as measured at any point on the boundary of the
property from which the sound or noise was emanating. Except between the hours of 10:00
p.m. and 1:00 a.m., a complaint under this section must be brought by a property owner or
leaseholder affected by excessive noise on their property.
TABLE
I
Maximum
Use Districts Time Noise Levels
All residential 7 O a.m.to 60 dB(A)
G.IETCIDevelopment Services Review12011lDevelopment ReviewV 1-3770 CUP 262 N School(Kingftsh)103 Planning Commission104-11-
IIICommenis and Redlines
April 23,2012
Planning Commission
CUP 12-4084 Buck Nekkid BBQ
Agenda Item 11
Page 2 of 14 Board of Adjustment
August 6,2012
Agenda Item 2
Buck Nekkid BBQ
3825 North Shiloh Drive
Fayetteville,AR 72703
Monday, July 9, 2012
City of Fayetteville
Planning Commission
125 West Mountain
Fayetteville, AR 72701
Dear Committee:
Buck Nekkid BBQ, located at 3825 N. Shiloh Drive comes before this committee with
the request for variance to expand current outdoor patio space and locate entertainment
stage over setback line adjacent to existing patio's east side. The proposed area and stage
are noted on the attached drawing.
The existing approved patio (permit 47957) consisting of 1,350sgft, does not allow
adequate space to accommodate most desirable entertainment acts. We would like to
expand the east border of the existing patio 44' adding an additional 4,224sgft to the
overall area in efforts to better service the patrons of Northwest Arkansas. This
expansion would allow for additional standing room occupancy in addition to the
previously approved 100 people occupancy.
This project would only involving application of floating tile decking applied directly
over existing parking lot asphalt, matching existing decking, and placement of movable
stage at north east corner of expanded patio. All elements could be moved with nominal
effort if needed for any reason. In fact, the entire expansion simply occupies 7 existing
parking spaces of the 181 located on property.
Buck Nekkid BBQ lies at the end of N. Shiloh Drive frontage road with no adjacent
neighbors. The patio is located on this dead end section of N. Shiloh Drive closed to thru
traffic making it an ideal location for this expansion request.
The current setback line runs diagonally through the very southeast corner of the property
where the current patio is located. Without expanding into the setback the patio will
remain relatively useless as an outdoor music venue enjoyed by Buck Nekkid's direct
competition such as Hooters and Louie's. By granting this variance, the committee only
allows Buck Nekkid full logical use of the property at no hardship to others.
Thank you for your consideration of our request.
Sincerely,
Joe Brooks Macy Brooks
Owner Asst Mgr./Owner
Buck Nekkid BBQ Buck Nekkid BBQ
Board of Adjustment
August 6,2012
Agenda Item 2
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Agenda Item 2
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Overview Legend BOA 12-4184
Subject Property -----
�' , I Desi n Overlay�BOArz-area L Y District
Boundary _ _ _ Plan iing Area
_L�'`� Fay tteville
;41 - 0 0.25 0.5 1
M les
board or Adjustment
August 6,2012
Agenda Item 2