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HomeMy WebLinkAbout2013-12-02 - 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, DECEMBER 02, 2013 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the November 4, 2013 meeting. Old Business: 2. 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. Planner: QuinThompson New Business: 3. 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. Planner: Jesse Fulcher All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(479-575-8267), 125 West Mountain Street,Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD (Telecommunication Device for the Deaf) are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330. • Taye 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. 2013 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 November 4, 2013 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: October 7,2013 Approved Page 2 New Business: BOA 13-4508: Board of Adjustment(603 Vinson/Lefler, 447): Page 3 Tabled BOA 13-4530: Board of Adjustment(629 S. Skyline Dr./Clark, 486): Page 4 Approved BOA 13-4531: Board of Adjustment(1633 W. Stone St./Meyer, 521): Page 5 Approved MEMBERS PRESENT MEMBERS ABSENT Jeff Hagers Tim Stein Evan Niehues Kristen Knight Matthew Hoffman STAFFPRESENT Andrew Garner Quin Thompson The meeting was called to order at 3:45 PM. Upon roll call all members except Stein were present. Board of Adjustment December 2,2013 Agenda Item 1 11-04-13 Minutes Page 1 of 6 Approval of the minutes from the October 7,2013 Board of Adjustment meeting. Motion: Board Member Hoffman made a motion to approve the October 7, 2013 Meeting Minutes. Board Member Hagers seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. Board of Adjustment December 2,2013 Agenda Item 1 11-04-13 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. Tim West, Applicant, explained that he was submitting a new proposal for consideration and offered to answer any questions the Board might have. Public comment: Amber Henley, Neighbor, said for the record that she was told by staff that she could say anything she wanted to say in the BOA meeting. Jason Kelley, Assistant City Attorney, for the record, asked staff if the new proposal would require a smaller variance than the original request. Thompson replied that the new proposal would require a variance that would be less than the original by a few square feet. Kelley said that the new proposal could be heard by the Board. Henley and Paul Dunn, Neighbor, showed a powerpoint presentation explaining why some neighbors are opposed to the variance and future development on the lot, including potential lower property values, overly steep slope, and current problems with drainage and erosion. Paul Dunn showed the Board pictures of the existing home and the width of Vinson Avenue. John Bess, Neighbor, indicated that Staff's assertion that there is no access to the existing lot from Rebecca Street is incorrect, that in fact the lot had been cleared of trees last year by trucks and equipment using Rebecca Street to get onto the lot. He suggested that the existing lot should be the access for the existing lot as platted. Robert James, Neighbor, expressed concerns with future development that may occur if the variance were granted, including compatibility with the neighborhood and increased density allowed by a smaller than normal lot as well as perceived unsafe traffic and parking conditions on Vinson that would be exacerbated by development. He said that parking on the narrow (16') Vinson Avenue already creates an unsafe condition that impedes emergency vehicles at times. No more public comment was presented. Board of Adjustment December 2,2013 Agenda Item 1 11-04-13 Minutes Page 3 of 6 Kelley asked the applicant for the record if he was amending the request with the new proposal. West responded that he was amending the request. Jeff Hagers, Board member, asked if staff had a recommendation on the new proposal. Andrew Garner, Planning Director, said that staff had not had time to review the new proposal or make a recommendation. Hagers said that he was not willing to vote for a request that had not been reviewed by City staff, and would make a motion to table the item until the next meeting. Motion: Board Member Hagers made a motion to table BOA 13-4508 to the December BOA meeting. Board Member Hoffman seconded the motion. Upon roll call the motion passed with a vote of 3-0-1 (Board Member Niehues recused). Board of Adjustment December 2,2013 Agenda Item 1 11-04-13 Minutes Page 4 of 6 BOA 13-4530: Board of Adjustment (629 S. Skyline Dr./Clark, 486): Submitted by MOLLY CLARK for property located at 629 SOUTH SKYLINE DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.09 acres. The request is for a variance to the side building setback to bring an existing structure into compliance and to permit a new addition into the building setback. Andrew Garner, City Planning Director, gave the staff report. Board Member Hoffman asked about the right-of-way. Garner discussed the right-of-way, the difference between a local and residential right-of- way. Molly Clark, property owner, discussed the variance requests. She discussed the proposed design and that she is trying to give privacy to the neighbors. The four homes to the west are all built to the same setback. Public Comment: Don Seger, lives immediately to the east. He has no problem with this going all the way to the street. It would be compatible with other properties. He discussed needing to build up to get the views she is wanting. He is in favor of the variance. No more public commented was presented. Board Member Hoffman discussed that the City will have to tear off a lot of front porches to construct sidewalk on Skyline at the Master Street Plan right-of-way. Motion: Board Member Hoffman made a motion to approve BOA 13-4530. Board Member Hagers seconded the motion. Upon roll call the motion passed with a vote of 3-0-1 (Board Member Niehues recused). Board of Adjustment December 2,2013 Agenda Item 1 11-04-13 Minutes Page 5 of 6 BOA 13-4531: Board of Adjustment (1633 W. Stone St./Meyer, 521): Submitted by MIKE WHITEHEAD for property located at 1633 WEST STONE STREET. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.17 acres. The request is for lot width and lot area variances to subdivide a lot property into two lots. Andrew Garner, City Planning Director, gave the staff report. Mike Whitehead, applicant, described the requirement and the surrounding properties. He discussed the site plan and parking. Board Member Knight asked about tee preservation. Garner discussed that for single family homes like this there is not a tree preservation requirement. No public comment was presented. Board Member Neihues discussed that this makes sense on this block. Board Member Knight discussed that this property is set up to be developed like this but it would be an odd ball on the block. Board Member Hoffman discussed that we are being asked to take a big leap on this one because it is such a large variance. Board Member Knight discussed that this is more of a zoning issue. Board Member Hagers noted that all of the homes on this block are single family. Board Member Hoffman asked if they could build more than one home on this lot and not subdivide the property. Garner discussed the regulations for building more than one home on one parcel and concluded that building more than one home on this lot would not be permitted. Motion: Board Member Hagers made a motion to approve BOA 13-4531. Board Member Niehues seconded the motion. Upon roll call the motion passed with a vote of 4-0-0. There being no further business, the meeting was adjourned at 3:51 PM. Board of Adjustment December 2,2013 Agenda Item 1 11-04-13 Minutes Page 6 of 6 aye evl e BOA Meeting of December 02, 2013 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, Planning Director DATE: November 25, 2013 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. Planner: Ouin Thompson BACKGROUND: Property Description &Background: The property is located at 603 N. Vinson Avenue and consists of two legal lots containing approximately 0.33 acres. One of the lots, (Parcel 765-08614-000) has frontage on Vinson Avenue and contains approximately 7,366 SF. This lot has an existing home, built around 1950. The other lot (Parcel 765-08614-000) has no street frontage and contains approximately 6,968 SF, and is on ground with a very steep slope throughout. Proposal: The applicant would like to adjust the property line between two lots, one of which is non-conforming, in order to create a buildable lot with frontage on Vinson Avenue, and to bring an existing home into compliance with setback requirements of the RSF-4 zoning district. Variance Request: The applicant requests three variances: 1) A variance of 1,762 square feet from lot area minimum requirements on proposed tract A. 2) A 5' variance of the side setback on proposed tract B, in order to bring the existing home into compliance.* 3) An I V variance of the front setback on proposed tract B, in order to bring the existing home into compliance. G.IETODevelopment Services Revimw 20131Development Reviewll3-4508 BOA 603 N. Vinson(Jim Lefler)IBoard of AdjustmentI12-01- 2013Womments and Redlines Board of Adjustment December 2,2013 Agenda Item 2 BOA134508 Lefler Page 1 of 16 *It should be noted that a portion of the home extends over the south property line and in to the adjacent alley. In order to bring the home into compliance, the alley would have to be vacated by City Council and the land deeded to the property owner. This issue is not being addressed by this request. Table 1 Surrounding Land Use/Zoning Direction from Site Land Use Zoning North, West, East, South Residential RSF-4, Residential Single-family, 4 units per acre Public Comment: Staff has had multiple meetings with neighbors who have expressed concern about a variety of issues relating to recent work on the subject properties, and concern for the impact that future development could have on their own property values and safety(emergency vehicle access.) RECOMMENDATION: Staff recommends approval of variance request 1,finding that there is a hardship created by the steep terrain that does not feasibly allow Rebecca Street to be extended to create full street frontage on the lower lot. Staff recommends approval of variance requests 2 & 3, in order to bring an existing non-conforming structure into conformance with City of Fayetteville zoning codes. Conditions of Approval: 1. Future building permits for the lots shall comply with all applicable ordinances, including Hill-Top / Hill-side overlay requirements which require 30% minimum canopy preservation and no disturbance prior to grading permit approval. 2. The lot shall be reviewed for prior tree removal at the time of building permit. 3. The variance shall not be in force until the sewer extension is complete and the plumbing permit is finalized. 4. Maximum lot coverage shall be 40%, in accordance with RSF-4 zoning requirements. BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: November 04, 2013 Motion: Second: Vote: Note: WEMDevelopment Services Review\2013\Development Review\13-4508 BOA 603 N.Vinson(Jim Lefler)\Board of Adjustment\12- 02-2013\Comments and Redlines Board of Adjustment December 2,2013 Agenda Item 2 BOA134508 Lefler Page 2 of 16 FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: (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 special conditions and circumstances unique to this property cause undue hardship. The home was constructed approximately 73 years ago, and is within current setbacks. Parcel 765-08614-000 is a non-conforming lot without street frontage, as Rebecca Street was never completed and connected to Vinson, likely due to the extreme grade which would make a street unfeasible. (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: The neighborhood is composed generally of large lots of 1/3 acre or larger, however there are a number of smaller undeveloped lots that have the potential to be built in the future. Granting the variance will not likely be injurious to the neighborhood or otherwise detrimental to the public welfare. (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: Tract A: Staff rinds that the variance is greater than necessary. Minimum lot area requirement in the RSF-4 zone is 8,000 square feet. The proposed Lot B will be 9,064 SF, or 1,064 SF larger than required, while Lot A will not meet the minimum area requirement. Tract B: Staff finds that granting the variance will bring the property into conformance and eliminate an existing non-conforming condition which prevents issuance of building permits for the improvement of the property. G:\ETC\Developmert Services Review\2013\Deve1opment Review\134508 BOA 603 N.Vinson(Jim Lefler)\Board of Adjustment\12- 02-2013\Comments and Redlines Board of Adjustment December 2,2013 Agenda Item 2 BOA134508 Lefler Page 3 of 16 (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. (E) Nan 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 RSF-4 zoning district allows single family residential use. G;1ET0Dcvclopment Services Review%2013kDavcIoamem Reviewq 3-4508 BOA 603 N. Vinson(Jim LoficrrBourd of Adjustmem42- 02-20131Cmmncnts and Red€incs Board of Adjustment December 2,2013 Agenda Item 2 BOM 34508 Lefler Page 4 of 16 161.07 District RSF-4,Residential Single-Family—Four Units Per Acre (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. (B) Uses. (1) Permitted uses. 11 Unit 1 I City-wide uses by right 11 Unita I Single-family dwellings 11 Unit 41 Amesso dwellin s (2) Conditional uses. Unit 2 Cit -wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. Single-family Two-family dwellings I dwellings 11 Units per acre 1 4 or less 1 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq.fL 12,000 sq.-ft. Land area per 8,000 sq.ft. 6,000 sq.ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq.ft. 12,000 sq.ft. District Lot area minimum Land area per 8,000 sq.ft. 6,000 sq.ft. dwelling unit (E) Setback requirements. 11 Fjo2t 1 Side 1 Rear 11 151L 1 5% 1 15 ft. G:\ETC\Developmmt Services Review\2013\Development Review\13-4508 BOA 603 N.Vinson(Jim Lefler)\Board of Adjustment\12- 02-2013\Commeats and Redlines Board of Adjustment December 2,2013 Agenda Item 2 BOM 34508 Lefler Page 5 of 16 (F) Building height regulations. Building Hei ht Maximum 1 45 ft. Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in,and not considered nonconforming uses, (ord.#4858). (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;Ord.4858,4-18-06;Ord.5028,6-19-07;Ord,5128, 4-15-08;Ord.5224,3-3-09;Ord.5312,4-20-10;Ord.5462,12-6-11) 164.12 Nonconforming Structures, Uses And Lots It is the intent of this section to regulate nonconforming structures, uses or lots that are created when zoning designations or regulations are created or changed such than an existing lawfully established structure, use, or lot no longer conforms to the regulations of the Unified Development Code. It is also the intent of this section to permit nonconformities to continue as they exist presently and to guide future uses and development to be consistent with the City's planning policy and regulations. (C) Nonconforming Lots. Lots that do not fully meet the requirements of the Unified Development Code to be considered a conforming lot for development, and thus are considered nonconforming lots, may be utilized for development in accordance with the following provisions: (1) A proposed structure must meet all applicable building setbacks, height and lot coverage requirements and other applicable zoning and development codes, with the specific exception of the reason for which the lot is nonconforming. (2) Such lot shall have frontage onto a public street, and water and sewer shall be provided to the lot at the time of development. (3) Such lot shall have at least 50% of the required lot width and area of the underlying zoning district. (4) A nonconforming lot that does not meet the provisions above may be brought into conformity by way of an approved variance from the Board of Adjustment, a rezoning action, or by combining a lot(s) in order to meet the standards of the underlying zoning district. A lot that was established unlawfully shall not be considered a legal lot of record for the purposes of this chapter and no building or development permit may be granted until the lot is legally established as provided herein. (Code 1965, App. A., Art. 4(1), (2), (4)--(7); 5(8); Ord. No. 1747, 6-29-70; Ord. No. 1806, 7-16-71; Ord. No. 1891, 12-5-72; Ord. No. 2126, 7-14-75; Ord. No. 2505, 2-20-79; Ord. No. 1918, 5-15-83; Ord. No. 3114, 9-3-85; Ord. No. 3124, 9-17-85; Ord. No. 3130, 10-1-84; Code 1991, §§160.135-- 160.142; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 4930, 10-03-06; Ord. 5312, 4-20-10; 5453, 10- 18-11) G:\ETC\Development Services Review\2013\Development Review\134508 BOA 603 N.Vinson(Jim Lefler)\Board of Adjustment\12- 02-2013\Comments and Redlines Board of Adjustment December 2,2013 Agenda Item 2 BOM 34508 Lefler Page 6 of 16 �� Bates, 11�■ Associates,lnc_ Civil Enylnsedn0&Surveying 91 W.Colt Square Dr,Suite 3/Fayetteville,AR 72703 PH:479-442-9350'FAX:479-521-9350 September 9,2013 Planning Staff City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: 603 Vinson Board of Adjustment Variance Request Dear Commissioners, Jim Lefler, the owner at 603 N. Vinson, would like to request two variances from the Board of Adjustments. To avoid requesting variances we've attempted to vacate our half of the alley to the south and our half Rebecca to the North,however,recently there has been a shift in the policy within the City of Fayetteville to require all owners on the a right-of-way sign the vacation request. In the past one was able to vacate his own half in certain situation without vacating the whole alley. This seems like the natural circumstance for such a request. In addition, other houses in the past near this location have been able to vacate portions of alleys without all adjacent owners signing. The owner across the street has the majority of his driveway in Rebecca Street,and many other property owners are using the alley as if it's their property through fences and maintenance. 1. A variance to the total square footage of the property from 8,000 sf to 6,236,a variance of 1,744. a. The special circumstance that exists for this property is the difficult topography and layout of the existing lots. Currently, there are two buildable lots of record oriented towards E. Rebecca Street. At this section of Rebecca St. the street is especially steep. The natural orientation of the lots is towards N.Vinson Ave. b. Literal interpretation of the ordinance would deny the applicant rights commonly enjoyed by others,since portions of alleys with these circumstances have been vacated in the past. C. Special circumstances are not the result of the applicant. Two lots currently exist. This would merely be a lot line adjustment. The topography is no control of the owner, nor, is the existing orientation of the lots. d. This would not confer special privileges onto Jim that are not granted in other locations. In the past portions of alleys have been vacated. There are two existing parcels, where the orientation merely needs to be corrected, and the existing houses makes one lot larger than the other. 2. A variance from the 5' setback requirement. Lot 21 is an existing non-conforming lot. The house sits over the setback line 10.74'on Lot 22, which has no buildable area, so it larger than 5', because it takes moves into both front and side setbacks. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely Bates&Associates,Inc. Evan Niehutss, a A' Board of Adjustment December 2,2013 Agenda Item 2 BOA134508 Lefler Page 7 of 16 w 10 33 3113N 0� ms y ' a3..na loiiar`s rvouno. w o..e ... .4 . r sIFI1 sun N IOLZG NY 391) zMAV./ �'Y'YB M1 p�dPMpiJ0Y1_ __ ,/ 9nY NOSNIA Y 209 V n e _ 0 N h O > as = w o Q93}+ � - boa ry - F oFn o 00 t__ �NORYIIVIN6fSNAVEN✓�C � _ i. l .,i.iii ]6'ASMINLl;Sa'Y� �-1- pW� ]1,R I t _ _-5 � 15R IlWSF nj al I � I II I Lll S f" LL.I. �FNW Il sl WRILL} I - `fT ( ' rc�ma f 1 oQmU I mal i al �I ml I � M1F Wlm zl li � a ^Iz rl� „ $ z I I I If � 1 LIQ �_ -sl'NS(I" I =I6 ------------- 3,Gf90.10 N Fo—arcf of Adjustment December 2,2013 Agenda Item 2 BOA134508 Lefler Page 8 of 16 Jcrome Jansma, P.E. CIVIL AND STRUCTURAL ENGINEERING 900 Lighton Trail Fayetteville,AR 72701 November 21, 2013 Mr. Paul Dunn 650 N. Vinson Fayetteville, AR 72701 Dcar Mr. Dunn: At your request, I have reviewed the plans for the development of the lots 20,21, and 22 of the Mountain View subdivision of the City of Fayetteville,as submitted by Mr. Jim Lefler to the Fayetteville Board of Adjustments. I have visited the project site and examined its topography. I have also read carefully the City of Fayetteville Hillside Overlay District Best Management Practices Manual and the Planning Division's correspondence to the Board of Adjustments and am thus able to offer some observations about the project for your consideration. First,the proposal doesn't meet the minimum area lot size requirements. Evidently, the city staff agrees with the builder's request for a variance, although the reasoning seems a bit odd: that it is a hardship to extend Rebecca St. (by virtue of the terrain)to reach the lot. I don't see the logic of this. In fact,the extension of Rebecca already exists and is being used by neighbors now living on Rebecca. I used it to visit the project site. The city routinely requires infrastructure improvements in connection with new development; given the de facto extension of Rebecca already in use, this one would be modest. In my opinion the street extension (of about 20-25 feet) would be sufficient to allow a driveway into the property without reaching the steeper part of the lot, and this would be no hardship. If the Board of Adjustments approves the requests that will allow a new dwelling here, I strongly recommend use of Rebecca for entry. This allows the project to follow the best practices for hillside development that the city has promulgated. Access from Rebecca, below, seems the most desirable for the following reasons: 1. The lower level of the lot provides more depth from the setback boundary before encountering the steep slope in the middle of the lot, thus providing more space for the house footprint. 2. If the projected house consists of 2 stories—and given the constraints of the ground space for the foundation, it will likely be 2 stories, possibly more—this will provide the more compact design and a lower vertical profile with an embedded ground floor as recommended in the best practices manual, "preserving views both to and from the hillsides"while still taking full advantage of the view to the west for the proposed dwelling. Board of Adjustment December 2,2013 Agenda Item 2 BOA134508 Lefler Page 9 of 16 3. An embedded basement level is far more energy efficient. 4. The hillside overlay ordinance encourages homes "that take up grade in the foundation of the structure." 5. The foundation design would be simpler from an engineering standpoint. It would be more conventional,with a smaller footprint, and all on one level without any need for stepped footings, piers,columns, or cantilevers—reducing design and construction costs. 6. The approach from below on Rebecca St. is encouraged by the hillside overlay since it favors a basement garage. 7. The Vinson St. side of the lot can remain unpaved and uncluttered by off-street parking and/or a garage. This plan provides a useful yard for the house. 8. The site excavation is less from Rebecca, thus reducing soil disturbance, erosion, and runoff during construction—which, again, the hillside overlay recommendations favor. This summary of engineering considerations is based largely on the goal of a simple, economical. and efficient design, not on asking the City to suspend its own recommendations to allow a project to cut corners and save all possible costs. Of course there are many architectural considerations to be made in the house plan, but these can be blended sympathetically into the site while successfully fulfilling the objectives of the hillside overlay. It goes without saying that the owner will need to meet the requirements of the city's planning and building protocol for hillside development with respect to tree preservation, grading, site analysis, and engineered foundation design. I trust that this summary helps you and other interested neighbors in understanding how this type of development would be viewed from an engineering standpoint, and—equally important—how it should be viewed from the city's planning perspective as it conforms with the goals of the hillside overlay ordinance. Let's hope that if the Board of Adjustments decides in Mr. Lefler's favor, the resulting structure will meet those goals and fit harmoniously into your Mount Sequoyah neighborhood. Sincerely, Jerome Jansma Arkansas engineering license 7246 Tel. 479-521-1909 Board of Adjustment December 2,2013 Agenda Item 2 BOA134508 Lefler Page 10 of 16 alro dA� NO."M w A J n5nun] Gv iYM.3 W'I 11111.4 WY MAY113AM V 3A .USV.=6091 Same .2111\ .Jti 111 cIN 1011 �� _ O ` HIIIIIItlylrrr own PRQPF. °�=a E _ d QNK QNQ F C OfrAn O I Oo NORTH V%ALT5VRl9/ L� :x.Lf:96—ios I ff sq ItouSe �zI1A I 11z6FI P.� i ______3.LL96,ION — _ Di , a le t ' J NIJ a o rlx T. w 71 17, Iz I "51"N 5!'101 a.Lf•90.[11N �_ � I _ Y - CYC oar of Adjustment December 2,2013 Agenda Item 2 BOA134508 Lefler Page 11 of 16 w i s aaa P V 1 T. .t.. _ r Ja 14 I a-it f low ' 1 J 1/ 1. ,.�, ,' •` 1, � , • 1 i ' leu BOA13-4508 LEFLER Close Up View rc Poe 5 0 0 0 3 SUBJECT PROPERTY fxEBEccAsr n8F.6 w a L d Multi-Use Trail'(Ex Future Trails Fayetteville City Limits LgOUPOA1 - Footprints 2010 - Hillside-Hilltop Ov �rlay District Design Overlay Di strict Design Overlay Di strict 0 62,5 125 250 375 500 ------ Planning Area Feet Board of Adjustment December 2 2013 Agenda Item 2 BOA134508 Lefler Page 15 of 16 B• 3 3-4508 One Mile View ro 1z t W; MAI' �w'yl I� •Sy< � ../� - ' It �� y�y i� T�. .� t '. e X wYl `L�yQ I it 'R� f -�'• - \' �', � �.��o�. a •i IYI' _ � )1(y�il :y � ';� �• f// ii�i�i�t'T* y..... ` , �'-tl �]ClllllJ��;�V'q•vim s Y'. I A � r. r Mr. 1,15 ~Y�9�': LegendO 0: Subject Property M BO .: Overlay Planning Area Boundary I Board of Adjustmer Ta ye evl e BOA Meeting of December 2, 2013 FlRKAN SAS F [IL CIFY Y 01' FAYF 7 J }MLLE, ARKANSAS 125 W. Mountain Sl. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Jesse Fulcher, Senior Planner THRU: Andrew Garner, City Planning Director DATE: November 22, 2013 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. Planner: Jesse Fulcher BACKGROUND: Property Description and Background: The subject property is located on Martin Luther King Boulevard, west of Beechwood and on the north side of the Domain Apartments. The property is undeveloped, contains approximately 1.43 acres and is zoned CS, Community Services. The Community Services zoning district does not have a conventional building setback, but rather a build-to zone that requires the front fagade of the building to be located between 10-25' from the right-of-way line. Along and parallel to the right-of-way line of the subject property is a 6" public sewer line and a 20' utility easement centered on the pipe (see attached plan). Surrounding zoning and land use is depicted in Table 1. Table 1 Surrounding Land Use/Zoning Direction from Land Use Zoning Site North Commercial C-2,-Thoroughfare Commercial South Multi-family CS, Community Services East Commercial 1-1, Heavy Commercial/Light Industrial West Commerical 1-1, Heavy Commercial/Light Industrial Proposal: The applicant proposes to construct a 2,600 square foot restaurant outside of the 10-25' build-to zone. The location of the sewer line and easement prohibit the building from being located in the build-to zone. The proposal is to place the building as close to the build-to zone as possible without encroaching into the easement. G:IETCIDevelopmeni Services Review120130evelopment Revieu,113-4564 BOA Dunkin'Domds_MLK/BOAU2-2-20131Commen18Wdd of Adjustment Redlines December 2,2013 Agenda Item 3 BOA13-4564 Dunkin'Donuts Page 1 of 12 The variance request is listed in Table 2 and shown on the applicant's site plan. Table 2 Variance Request Variance Issue Requirement Request_ Variance Amount Front Setback 10-25' Build to Zone 30' +5' Public Comment: Staff has not received any public comment. RECOMMENDATION: Staff recommends approval of a variance to allow the building to be constructed outside of the build-to zone subject to the following conditions: 1. Development of the site and building shall be in compliance with all standards of the Community Services zoning district and Nonresidential Design Standards as if the building were located within the build to zone. 2. In order to meet the intent of the Community Services zoning district, this variance is conditioned for the site plan to remain generally as presented to the Board of Adjustment, with the drive-through and all parking located to the side and rear of the building. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: December 2, 2013 Motion: Second- Vote: FUTURE LAND USE PLAN DESIGNATION: Industrial FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: (B)Requirements for variance approval. G:IETCIDevelopmenr Services Revie;020130evelopment Reviem113-4530B0A 629 SSkyline or BOA111-4-20131Conumaq of Adjustment and Redlines December 2,2013 Agenda Item 3 BOA13-4564 Dunkin'Donuts Page 2 of 12 (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; Finding: Strict enforcement of the zoning ordinance would cause undue hardship to this particular property. The zoning code requires the new building to be located within the build-to zone. However, the development regulations (Chapter 166) prohibits a building from being located within a utility easement. In this case, the build-to zone is also a utility easement and therefore it's not possible to locate the building in compliance with the zoning standards. Strict enforcement of the zoning regulations on this property will prohibit development. (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: The intent of the build-to zone is to encourage a traditional urban form with buildings addressing the street, improve walkability and form relationships between the public realm and the built environment. The site layout keeps with these goals by locating the building as close to the build-to zone as allowed and providing a physical connection between the building and the public realm. Parking and the drive-through lane have been located to the side and rear of the building and the building architecture addresses the street and the pedestrian. (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: The applicant's proposal is to locate the front fagade of the building just outside the sewer easement, which places it approximately 5' outside of the build-to zone. This is the minimum variance necessary to allow the property to be developed under the current zoning requirements. (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. (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: A drive-thru restaurant is permitted in the Community Services zoning district. G:IETCIDevelopment Services Revieiv120130evelopment Revieivll3-4530 BOA 629S Skyline Dr(Clark)101 BOA U1 4-20131Conatvm of Adjustment and Redlines December 2,2013 Agenda Item 3 BOA13-4564 Dunkin'Donuts Page 3 of 12 TITLE XV UNIFIED DEVELOPMENT CODE 161.19 Community Services (1) Lot width minimum. (A) Purpose. The Community Services district is designed primarily to provide convenience goods Dwelling 18 ft. and personal services for persons living in the All others None surrounding residential areas and is intended to provide for adaptable mixed use centers located (2) Lot area minimum. None along commercial corridors that connect denser development nodes. There is a mixture of (E) Setback regulations. residential and commercial uses in a traditional urban form with buildings addressing the street. Front: A build-to zone that is For the purposes of Chapter 96: Noise Control, located between 10 feet the Community Services district is a commercial and a line 25 feet from zone. The intent of this zoning district is to the front property line. provide standards that enable development to be Side and rear: None approved administratively. Side or rear, when 15 feet Uses. contiguous to a single- (B) famil residential district: (1) Permitted uses. (F) Building Height Regulations. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities FBuildmg Height Maximum 56 ft. Unit 5 Government facilities Unit 8 Single-family dwellings (G) Minimum buildable street frontage. 50% of the lot Unit 9 Two-family dwellings width. Unit 10 Three-family dwellings (Ord. 5312,4-20-10; Ord. 5339, 8-3-10; Ord. 5462, 12-6-11; Unit 13 Eating laces Ord. 5592,06-18-13) Unit 15 Neighborhood Shopping oods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi-family dwellin s 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 oods Unit 17 Transportation,trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities' Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None (D) Bulk and area regulations. CD161:17 Board of Adjustment December 2,2013 Agenda Item 3 BOA13-4564 Dunkin'Donuts Page 4 of 12