HomeMy WebLinkAbout2011-09-12 - Agendas •
Tae;ile
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, SEPTEMBER 12, 2011 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the August 1, 2011 meeting.
New Business:
2. BOA 11-3924 (1417 W. Martin Luther King Blvd./E-Z Mart, 521): Submitted by Alan Reid &
Associates for property located at 1417 WEST MARTIN LUTHER KING BOULEVARD. The
property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.98 acre.
The request is for a variance from the front building setback requirements to permit a building
expansion. Planner: Jesse Fulcher
3. BOA 11-3925 (6687 W. Wedington Dr./Trucks-N-Trailers, 435): Submitted by Alan Reid &
Associates for property located at 6687 WEST WEDINGTON DRIVE. The property is zoned R-A,
RESIDENTIAL AGRICULTURAL and contains approximately 2.00 acres. The request is for a
variance of the bulk and area requirements to permit a property line adjustment.
Planner: Andrew Garner
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 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.
2011 Board of Adjustment Members
Sheree Alt (Chairman)
Robert Kohler
Jeff Hagers
Evan Niehues
Kristen Knight
Matthew Hoffman
Page 1 of 6
MINUTES OF THE
BOARD OF ADJUSTMENT
A rescheduled meeting of the Board of Adjustment was held on August 1, 2011 at 3:45
p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: July 11, 2011 Approved
Page 2
Old Business:
BOA 11-3874 (1705 N. Garland Avenue/Moldenhauer, 365) Approved
Page 3
BOA 11-3795 (6855 West Wedington Drive/Lois Guist,434 Approved
Page 4
New Business:
BOA 11-3895 (434 W. Holly St./Millwee, 406) Approved
Page 6
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Robert Kohler
Kristen Knight
Evan Niehues
Jeff Hagers
Matthew Hoffman
STAFFPRESENT
Dara Sanders
Jesse Fulcher
Jason Kelley
Board of Adjustment Chair Sheree Alt called the meeting to order at 3:45 PM.
September 12,2011
Board of Adjustment
08-01-11 minutes
Agenda Item 1
Page 1 of 6
Page 2 of 6
Approval of the minutes from the July 11,2011 Board of Adjustment meeting.
Motion•
Board Member Kohler made a motion to approve the July 11, 2011 Meeting Minutes.
Board Member Knight seconded the motion. Upon roll call the motion passed with a
vote of 6-0-0.
September 12,2011
Board of Adjustment
08-01-11 minutes
Agenda Item 1
Page 2 of 6
Page 3 of 6
BOA 11-3874 (1705 N. Garland Avenue/Moldenhauer, 365): Submitted by BUCKLEY
BLEW for property located at 1705 NORTH GARLAND AVENUE. The property is zoned RSF-
4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.20
acres. The request is for a variance from the lot width requirements to recognize an existing
nonconforming lot of record.
Jesse Fulcher, Current Planner, gave the staff report.
Mike Sebo, applicant, had no further comment.
Board Member Knight, asked if there was anything developed on the southern lot.
Sebo stated no.
Board Member Kohler asked staff to explain why the lots couldn't be sold separately.
Fulcher, discussed nonconforming lots and combined lots.
Motion:
Board Member Neihues made a motion to approve the request as recommended by
staff. Board Member Knight seconded the motion. Upon roll call, the motion passed
with a vote of 6-0-0.
September 12,2011
Board of Adjustment
08-01-11 minutes
Agenda Item 1
Page 3 of 6
Page 4 of 6
BOA 11-3795 (6855 West Wedington Drive/Lois Guist, 434): Submitted by LOIS GUIST for
property located at 6855 WEST WEDINGTON DRIVE. The property is zoned R-A,
RESIDENTIAL AGRICULTURAL and contains approximately 2.3 acres. The request is for a lot
width and lot area variance to bring a recently installed mobile home into compliance.
Dara Sanders, Current Planner, gave the staff report.
Board Members Kohler, Knight, and Alt discussed the surrounding land uses.
Jim Guist, applicant, discussed the history of his property, the personal conditions
requiring the additional dwelling, and his experience throughout the City's permitting
process.
Board Member Kohler asked if the applicant was involved in the condition of approval
requiring screening.
Mr. Guist said that he was not aware of the condition but was not opposed.
Board Member Kohler and Mr. Guist discussed the fence line and the way in which the
property lines were identified.
Board Member Kohler asked staff if bonding would be required for the screening.
Sanders stated that bonding was not listed in the conditions of approval.
Mr. Guist stated that he didn't think the screening requirement is unreasonable.
Board Member Hoffman and staff discussed the findings for hardship.
Public comment:
Bill Prater is the adjacent property owner to the west. He stated that there is not dispute
regarding the property line location. His problem is that the home wasn't installed in
compliance. He discussed the surrounding properties.
Board Member Kohler asked Mr. Prater to explain his problem with the request.
Mr. Prater discussed property values and the deteriorating conditions of mobile homes
in general.
No more public comment was presented.
Board Member Niehues agreed that the Guist's did not intentionally violate the zoning
regulations and agreed with the screening condition of approval.
Board Members Hoffman, Kohler, and Knight discussed condition of approval #1.
September 12,2011
Board of Adjustment
08-01-11 minutes
Agenda Item 1
Page 4 of 6
Page 5 of 6
Commissioner Knight expressed opposition to condition of approval #1.
Commissioner Alt believed that some screening is appropriate.
Motion:
Board Member Niehues made a motion to approve the request and modifying condition
of approval#1 as follows:
In order to address the visual impacts of the mobile home and appearance of overall
increased density in the R-A zoning district associated with reduced lot width
and lot area, the applicant shall install an evergreen vegetative buffer to screen
the west and south sides of the mobile home from view of the adjacent property
owner. The buffer shall be planted as follows:
a. Provide a year-round evergreen vegetative screen of the west and
south sides of the mobile home.
b. Be provide least a 15-feet-wide greenspace.
C. Be planted in an appropriate planting season, but no later than
December 1, 2011.
d. Be inspected by the Urban Forester and City Planning staff for
compliance with this condition.
e. Be a minimum of V caliper at the time of planting.
Board Member Hoffman seconded the motion. Upon roll call, the motion passed with
a vote of 6-0-0.
September 12,2011
Board of Adjustment
08-01-11 minutes
Agenda Item 1
Page 5 of 6
Board of Adjustment Meeting
August 1, 2011
Page 6 of 6
BOA 11-3895 (434 W. Holly St.fMillwee, 406): Submitted by Grace Millwee for property
located at 434 WEST HOLLY STREET. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.19 acre. The request is
for a variance from setback requirements to allow for the reconstruction of a garage.
Dara Sanders, Current Planner, gave the staff report.
Grace Milwee, applicant, gave the background for the request discussing the previous
garage footprint.
No public comment was presented.
Motion:
Board Member Kohler made a motion to approve the request as proposed by the
applicant, discussing that the applicant inherited an unforeseen situation with the building
being constructed in the building setback. Board Member Hoffman seconded the
motion. Upon roll call, the motion passed with a vote of 6-0-0.
There being no further business, the meeting was adjourned at 5:07 PM.
September 12,2011
Board of Adjustment
08-01-11 minutes
Agenda Item 1
Page 6 of 6
aye le
ARKANSAS BOA Meeting of September 12, 2011
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: September 6, 2011
BOA 11-3924 (1417 W. Martin Luther King Blvd./E-Z Mart, 521): Submitted by
Alan Reid & Associates for property located at 1417 WEST MARTIN LUTHER KING
BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and
contains approximately 0.98 acre. The request is for a variance from the front building
setback requirements to permit a building expansion. Planner: Jesse Fulcher
BACKGROUND:
Property: The subject property is located at 1417 W. Martin Luther King Boulevard and
is zoned C-2, Thoroughfare Commercial. The site is developed with an EZ Mart
convenience store and gas station canopy that were constructed in 1986. The property is
bordered on the east by State Highway 112 (Razorback Road) and the north by State
Highway 62 (Martin Luther King Boulevard).
Development records indicate that the store and canopy were constructed well outside of
the building setbacks for the C-2 zoning district in 1986. However, since that time, the
Arkansas State Highway and Transportation Department (AHTD) has acquired
approximately 24' of additional right-of-way from EZ Mart for road improvements along
Razorback Road. The surrounding land uses and zoning are shown in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction from Land Use Zoning
Site
North Commerical C-2, Thoroughfare Commercial
South Industrial I-1, Light Industrial/Heavy Commercial
East Commercial C-2, Thoroughfare Commercial
West Commercial C-2, Thoroughfare Commercial
Request: A survey of the property has revealed an approximately 6-inch building
encroachment into the front setback along Razorback Road. The applicant is requesting
approval of a variance to allow a 49' front building setback from Razorback Road to
bring the existing building into compliance and to allow for a planned renovation and
expansion.
September 12,2011
Board of Adjustment
G:IETCIDevelopmenl Services Rerteu,12011IDevelopmenl RevleMJO-3924 BOA 1714 MLKIBOA109-12-1I(Comments&RedfgMl1-3924 E-Z Mart
Agenda Item 2
Page 1 of 10
Public Comment: Staff has not received public comment for this variance request.
RECOMMENDATION:
Based on the findings herein staff recommends approval of the requested front
setback variance.
1. Other than the requested variance, development on the property shall comply
with all development regulations of the underlying zoning district on the
property.
BOARD OF ADJUSTMENT ACTION: O Approved O Denied Cl Tabled
Date: September'12,2011 t Motion: Second: Vote:
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION:
City Neighborhood Area
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 and circumstances exist which are peculiar to this
particular property. The small building encroachment in the front
building setback was caused when AHTD acquired additional right-
of-way for street improvements to Razorback Road. While right-of-
way acquisition is common along state highways, the resulting setback
violation is unique to this particular property and building.
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 the zoning code will deprive the applicant of
September 12,2011
G:IETCIDevelopmenl Services Review1201I Development Reviewl l l-392BOA 1417MLK(E'ZMart)I BOA 109-12- Board of Adjustment
20111Comments and Redlines BOA11-3924 E-Z Mart
Agenda Item 2
Page 2 of 10
rights commonly enjoyed by properties with similar characteristics.
As a nonconforming structure, the property owner is restricted to
improving the existing structure by only 10% of the current
replacement cost of the structure. This will not allow the applicant to
complete the planned renovations and building expansion on the
south side of the structure.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: As noted herein, the convenience store was constructed in
conformance with the C-2 zoning regulations. The building setback
infraction was caused when the state acquired additional right-of-way
necessary to improve Hwy 112 (Razorback Road).
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 building setback variance will allow the owner to alter
the existing structures that were legally constructed, and will not
confer any special privileges.
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, September 12, 2011.
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
September 12,2011
G.:IETCIDevelopnenf Services Revfew110111Development Reviewlll-3918011 1417 MLK(E7Marlfl 80,1109-11- Board of Adjustment
201IICmnmenls and Redlines BOA11-3924 E-Z Mart
Agenda Item 2
Page 3 of 10
minimum variance that will make possible the reasonable use of
the land, building, or structure.
Finding: The building setback variance is the minimum variance necessary.
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 building setback variance will allow the applicant to
alter and expand the existing structure in conformance with the C-2
development regulations, which would have been allowed without a
variance if the state had not acquired right-of-way and created the
setback encroachment.
C. Conditions and Safeguards. In granting any variance, the Board
of Adjustment may prescribe appropriate conditions and
safeguards in conformity with the zoning regulations.
Finding: Staff has recommended conditions of approval.
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
September 12,2011
G:IE7'ClDeoefopment Services Review120111Developmen!Reviewlll-392BOA 1417MLK(EZMmT)IBOAW9-12- Board of Adjustment
20111Comments and Redlines BOA11-3924 E-Z Mart
Agenda Item 2
Page 4 of 10
. Alan Reid
& ASSOCIATES
PROFESSIONAL
LAND
SURVEYORS
BOUNDARY
TOPO
SPS
August 8,2011
City of Fayetteville
Board of Adjustments
Fayetteville,Arkansas 72701
Dear Chairman,
On behalf of my client,JEY Investments,LTD,I am petitioning the Board of
Adjustments for a variance in the building setback area along Razorback Road just South
of Martin Luther King Boulevard.
As part of a planned building renovation/addition,I performed a boundary and
topographic survey of the E-Z Mart Store at the Southwest corner of MILK Blvd. &
Razorback Road.The survey revealed that a portion of the building(four square feet in
the Southeast comer)was encroaching into the fifty foot wide building setback along
Razorback Road.My client was notified by City Planning that a variance would have to
be granted before he could continue with the construction.
Special Conditions and Circumstances: Over the years,the Arkansas Highway&
Transportation Department has made it a practice to acquire additional right-of-way
along Razorback to accommodate the increase in vehicular traffic. As a result,the last
acquisition put the new right-of-way line in such a position that the new setback line
encroached approximately six inches into the comer of the existing building. My client,
nor anyone else, was aware of this until my survey had been completed. My client's plan
is to construct a new restroom and cooler area.Neither of these additions will be placed
on the street side nor do they encroach into any setback and/or utility easements.
My client asks this board to grant the variance needed to allow him to continue to update
his business and correct the violation of the setback requirement.
R pectfully,
t( i,--Q
Reid
Professional Land Surveyor
1'16 S. College Aven-,u Fayetteville,Arkansas 72701 479 444 8784 1 888 549 0784 Fax 479 444 0964
September 12,2011
Board of Adjustment
BOA11-3924 E-Z Mart
Agenda Item 2
Page 5 of 10
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51$L BOA11-3924 E-Z Mart
Agenda Item 2
Page 7 of 10
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September 12,2011
Board of Adjustment
BOA11-3924 E-Z Mart
Agenda Item 2
Page 8 of 10
BOA11-3924 E-Z MART
Close Up View
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September 12,2011
BOA11-3924 E-Z Mart
Agenda Item 2
Page 9 of 10
BOA11-3924 E-Z MART
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11
Board of Adjustment
BOA11-3924 E-Z Mart
Agenda Item 2
Page 10 of 10
Tayet �vl ARKANSAS BOA Meeting of September 12, 2011
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 Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: August 31, 2011
BOA 11-3925 (6687 W. Wedington Dr./Trucks-N-Trailers, 435): Submitted by Alan
Reid & Associates for property located at 6687 WEST WEDINGTON DRIVE. The
property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately
2.00 acres. The request is for a variance of the bulk and area requirements to permit a
property line adjustment. Planner: Andrew Garner
BACKGROUND:
Property: The subject property contains 2.00 acres and is addressed at 6687 and 6665
Wedington (the southwest corner of Wedington Drive and Blue Jay Lane). The property
is zoned Residential Agricultural (R-A). This property was annexed into the City of
Fayetteville by general election in 2006. There is an existing single family home located
property at 6687 Wedington that was constructed in 1979 according to Washington
County parcel records. This house and yard are surrounded by a privacy fence. There is a
business and associated accessory structure on the eastern half of the property. The
business (Trucks-N-Trailers of Northwest Arkansas) is accessed off of a separate
driveway from the house. This business is also located on the adjacent parcel to the east
where there is another building, driveway, and equipment yard addressed at 6635
Wedington Drive. The surrounding land uses and zoning are shown in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Undeveloped RSF-1, Residential Single Family 1 unit per acre
South Single family R-A, Residential Agricultural
residential
East Trucks and Trailer R-A, Residential Agricultural
business
West Rural residential R-A, Residential Agricultural
September 12,2011
G:IETCIDevelopment Services Reviewl20110evelopment Reviewlll-3925 BOA 6687 W. Wedinglon Dr(Trucks-N-1130&rd efAdjustment
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Request: The applicant requests Board of Adjustment approval of a variance from the lot
area and side setback requirements to allow for a property line adjustment to create a
smaller parcel around the residence at 6687 Wedington Drive, separating the residence
from the business adjacent to the east. The existing house is located within the front
building setbacks and variances are required to bring the existing house into compliance.
The variance requests are listed below in Table 2.
Table 2
Variance Request
Variance Issue Ordinance Requirement I Applicant's Request
Lot area 2 acres 0.5-acre 1.5-acre variance
Side setback 20 feet 7 feet 13-foot variance
Front setback (Wedington) 35 feet 30 feet(5-foot variance
Front setback (Blue Jay) 35 feet 19 feet 16-foot variance
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Front Building Setback
Staff recommends approval of front building setback variances to bring the existing
home at 6687 Wedington into compliance.
Lot Area and Side Setback
Based on the findings included herein, staff recommends denial of the lot area and
side setback variances that would occur because of the proposed property line
adjustment.
Conditions of Approval
Should the Board of Adjustment recommend approval of the variances staff would
recommend the following standard conditions of approval:
1. Other than the requested variances development on the property shall
comply with all development regulations of the underlying zoning district on
the property.
2. A building permit shall be obtained prior to commencement of any
construction.
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied [I Tabled
Date: September 12, 2011 Motion: Second: Vote:
September 12,2011
G:IETCIDevelopment Services Rewew120110evelopmeni Reviewlll-3925 BOA 0687 W. Wedinglon Dr(Trmcks-N-75AWAQAdiustment
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FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION:
Residential Area
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. 1. Special Conditions. That special conditions and circumstances
exist which are peculiar to the land, structure, or building involved and
which are not applicable to other lands, structures or buildings in the same
district.
Finding: The existing residence was constructed in 1979 when the property was
in the county and not subject to city zoning. Staff finds that the
preexisting nature of the encroachment into the front building
setbacks constitutes a special circumstance peculiar to the building
involved.
However, staff finds the proposed Lot A around the house and yard
could be rezoned to a residential zoning. A property line adjustment
could then be completed that complies with the zoning code. The fact
that the applicant chose to ask for variances rather than a rezoning
does not constitute a hardship.
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 teens of the
zoning regulations.
Finding: It is a reasonable expectation for this property owner to complete a
property line adjustment and separate the residence and business that
are on one parcel. However, the applicant has a feasible option to
rezone the residential property to be consistent with the proposed lot
size. Staff's opinion is that the applicant should first try to rezone the
property to comply with the zoning code, prior to requesting
variances.
Should this variance be denied the applicant may request a rezoning
to a single family zoning district and then complete a property line
adjustment in conformance with the zoning code.
September 12,2011
G:I ETCI Development Services Review120110evelopmonl Review177-3925 BOA 6687 W. Wedinglon Dr Mucks-N-7poaW of Adjustment
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The front setback variances would bring the existing home into
compliance. This is a commonly enjoyed right by others within the
same zoning district.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The front building setback variances for the existing structure are not
the result of actions of the applicant as the structure was constructed
in 1979 prior to the property being subject to the City's zoning code.
The variance requests for lot area and side setback are a result of the
applicant proposing a property line adjustment that does not meet the
current zoning requirements.
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 to bring the existing
structure into compliance will not confer special privileges as the
structure was built before current zoning requirements.
Granting the requested lot area and side setback variances for the
proposed Lot A would be a special privilege as other property within
the R-A zoning district has to comply with a two-acre minimum and a
20-foot side 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: 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, September 12, 2011.
September 12,2011
G:IETCIDevelopment Services Review1201 hDevelopmenl Revierv111-3925 BOA 6687 W. Wedinglon Dr(Trucks-N-TBddrd of Adjustment
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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: As discussed in the findings throughout this staff report the reasons in
the application do not justify granting the lot area and side setback
variances. Approval of a rezoning application would eliminate the
need for a variance; therefore staff finds that the request is not
necessary to make possible the reasonable use of the land, building, or
structures.
The reasons in the application justify granting the front setback
variances to bring the existing home into compliance.
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 front setback variances to bring the existing structure
into compliance will be in harmony with the general purpose and
intent of zoning regulations and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
Granting the lot area and side setback variances would not be in
harmony with the General Purpose and Intent of the zoning
regulations. The R-A zoning district is intended for rural and
agricultural uses at a residential density of one home per two acres
and large building setbacks. The proposed lot (approximately 0.56-
acre) is more in line with the intent of the RSF-2 zoning district that
has half-acre minimum lots. A variance is typically defined as a slight
relaxation of the rules to accommodate a hardship. The proposed Lot
A would be a major shift from the R-A zoning rules as the lot would
be only 28% the size of the minimum R-A lot.
C. Conditions and Safeguards. In granting any variance, the Board
of Adjustment may prescribe appropriate conditions and
safeguards in conformity with the zoning regulations.
Finding: Staff has recommended conditions for this request which are listed on
page two of this report.
September 12,2011
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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: Not applicable, the variances are related to the bulk and area
requirements of the lot, not the use.
September 12,2011
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161.03 District R-A, Residential-Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an
orderly transition to urban development has been accomplished; prevent wasteful scattering of
development in rural areas; obtain economy of public funds in the providing of public improvements
and services of orderly growth; conserve the tax base; provide opportunity for affordable housing,
increase scenic attractiveness;and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 37 Manufactured homes
Unit 41 Accessory dwellings
Unit 43 Animal boarding and training
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 20 Commercial recreation,large sites
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
(C) Density.
Units per acre One-half
(D) Bulk and area regulations.
Lot width minimum 200 ft.
Lot Area Minimum:
Residential: 2 acres
Nonresidential: 2 acres
Lot area per dwelling unit 2 acres
E) Setback requirements.
Front Side Rear
35 ft. 20 ft. 35 ft.
(F) Height requirements. There shall be no maximum height limits in the A-1 District,provided,however,
that any building which exceeds the height of 15 feet shall be setback from any boundary line of any
residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks
shall be measured from the required setback lines.
(G) Building area. None.
(Code 1965,App.A.,An.5(1);Ord.No. 1747,6-29-70;Code 1991,§160.030;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-
31-99;Ord.5028,6-19-07;Ord,5128,4-15-08;Ord.5195, 11-6-08;Ord.5238,5-5-09)
September 12,2011
C:I RTCIDevelopnent Services Reviervl20111Development Reviewlll-3925 BOA 6687 W. Wedington Dr(Trucks-N-76v9rd0JAdjustment
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September 12,2011
Board of Adjustment
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September 12,2011
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