HomeMy WebLinkAbout2004-07-06 - Agendas FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
Tuesday, July 6, 2004, 3:45 p.m.
Room 326, City Administration Building
The following items will be considered:
Approval of Minutes from the 06/07/2004 meeting.
New Business:
1. BOA 04-1088 (SHELTON,486): Submitted by BRET PARK for property located at 850 E. SKYLINE
DRIVE. The property is zoned RSF-4, Residential Single-family, 4 units per acre, and contains approximately
0.40 acres. The request is for a reduced front setback from 25' to 0' to accommodate an existing
nonconforming structure and construct an addition.
Property Owner: CAROLE SHELTON Planner: JEREMY PATE
2. BOA 04-1121 (TERMINELLA BUILDING, 484): Submitted by MARK OWINGS for property located
at 123 N COLLEGE AVENUE (SW CORNER COLLEGE & SPRING). The property is zoned C-3,
CENTRAL COMMERCIAL and contains approximately 0.47 acres. The request is to allow a variance from the
setback for a proposed structure. The requirement is for a 60' setback from the centerline of College Avenue.
The request is for a 45'8" setback(a 14'4" variance.)
Property Owner: TOM TERMINELLA Planner: SUZANNE MORGAN
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
we open and available for inspection in the office of City Planning(575-8267), 125 West Mountain Street,Fayetteville,Arkansas.
All interested parties are invited to review the petitions. Interpreters or Too for hearing impaired we available for all public
hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330.
ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions &Answer with Board
F. Action of the Board of Adjustment (Discussion& Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Adjustment on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Board
members the opportunity to speak and before a final vote is taken. Public comment will
only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Board of Adjustment.
2004 Board of Adjustment Members
Sherrie Alt
Michael Andrews
Michael Green (Chairman)
Robert Kohler
James Kunzelmarm
Bob Nickle
Joanne Olzewski
FAYETTEVILLE BOA Meeting of July 06, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jeremy C. Pate, Associate Planner
THRU: Dawn T. Warrick, AlCP, Zoning&Development Administrator
DATE: June 30, 2004
BOA 04-1088: Variance(Shelton,pp 486) was submitted by Bret Park of Bret Park Company,
hic. on behalf of Carole Shelton for property located at 850 E. Skyline Drive. The property is
zoned RSF-4,Residential Single Family, 4 units per acre, and contains approximately 0.40 acres.
The applicant requests a reduction in front setback from 25 feet to 0 feet to bring the existing
nonconforming structure into compliance and construct an addition to the rear of the existing
building.
RECOMMENDATION:
,Staff recommends approval of the requested 0-foot front setback variance from the existing
right-of-way as shown on the attached site plan with the following condition(s):
1. The establishment of any new structure or other improvements within the existing
right-of-way is prohibited.
2. No expansion of the existing structure,without Board of Adjustment approval, shall
occur within the Master Street Plan right-of-way,with the exception of that noted
herein.
3. Should any portion of a structure currently located in the existing, platted right-of-
way be destroyed or removed in any manner,that structure or portion of structure
shalt notbe reconstructed,'nor shall the structure be renovated in a way that
increases its nonconformity.
K-TeportsUOOMOA ReportsIO7-06-04WOA 04-1088(Shelton).doc July 06,2004
Board of Adjustment
BOA 04-1088(Shelton)
Page 1.1
BACKGROUND:
Property description: The subject property is located at 850 Skyline Drive on Mt. Sequoyah east
of downtown Fayetteville. Currently a 1,050 square foot single family home is located on the
property,which is a combination of Lots 128, 129 and a portion of 130 in the Mt. Sequoyah
Assembly Addition. The existing structure predates current zoning ordinances and Master Street
Plan requirements in the City of Fayetteville, and exists as a nonconforming structure. The home
and connected carport is located well within Master Street Plan setbacks, and a portion of the
carport lies within the existing right-of-way. The only portion of the existing structure that meets
zoning requirements is the rear 12 feet to the cast.
The Master Street Plan requires 50 feet of right-of-way in Us location; 40 feet currently exists.
Additionally,the RSF-4 zoning district requires 25 feet setback from the MSP right-of-way,
effectively encompassing almost the entirety of the existing home.
Surrounding properties contain primarily single family homes,most of which are situated on lots
of a comparable size and situation. Many of the properties on Skyline Drive, a unique street in
the City of Fayetteville, are developed with buildings nearer to the street due to the steep
topography at the rear of the lots. Two properties directly to the north have been granted similar
variances, in 1979 and 1988, in harmony with the general character of the neighborhood.
Proposal: The applicant proposes to add approximately 500 square feet to rear of the existing
structure. However, even additions to the rear of the structure require a variance, due to the fact
that most of the existing home is located within the building setback area. The proposed addition
lies outside of the Master Street Plan right-of-way.
Request: The request is for a front setback variance of 25 feet to accommodate a proposed
addition to the rear of the existing single family home and bring the structure into conformity
with the formal approval of a variance by the Board of Adjustment.
Ordinance Reguirement Applicant's Reguest
Front setback (west) 25' 0' (a 25' variance)*
For that portion of the structure located within the existing 40-foot right-of-way,the variance does not apply.Any
ture:or,portion of a structure,that is destroyed or removed from the existing,platted right-of-way�shall,not b
reconstructed.
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North _ ShIgle family residence (Shannon) RSF4, Res. single family, 4units/acre
South _ Single family residence(Schafer) RMF-24, Res. multi family, 24 units/acre
East _ Mt.Sequoyah Woods (City of Fay.) RSF-4, Res. single family, 4 units/acre
West _ Mt. Sequoyah Assembly P-1, Institutional
K-lReporW20041BOJ ReporaI07-06-04160A 04-1088(Shellon).doc July 06,2004
Board of Adjustment
BOA 04-1088(Shelton)
Page 1.2
GENERAL PLAN DESIGNATION Residential
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same district.
Finding: That the lot and structure predate current.zoning ordinances and Master
Street Plan requirements is a special condition that is specific to the subject
property and subsequently effects the location of the proposed addition. The
home is an existing nonconforming structure, one of the original guest
house/cabins constructed on Mt. Sequoyah, according to the owner.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would not permit the proposed
addition to the existing structure. The majority of the single family home lies
within building setbacks, and a portion lies'within the right-of-way of
Skyline Drive. Most properties on Skyline Drive on Mt. Sequoyah are
developed with a minimal setback from the street, a practice that was typical
of surrounding properties in the same district. Denying the request for a
variance would prohibit the applicant from expanding the home in any
practical manner.
3. R6ultingActions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The structure's location predates the applicant's purchase of the property.
4. No Special Privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Zoning, Chapters 160-165, to
other lands, structures, or buildings in the same district.
Finding: Granting the requested variances will not confer special privileges. The use
of this property for a single family dwelling is permitted by right in the RSF-
K.-LReports12004WOA Repora107-06-04180A 04-1088(Shellon).doc July 06,2004
Board of Adjustment
BOA 04-1088(Shelton)
Page 1.3
4 zoning district.
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 nonconformities were considered as a basis of the findings stated in this
staff report.
156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and arearequirements 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 Tuesday,July 06,2004.
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.
(I.) 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: The proposed front setback variance is the minimum variance necessary to
accommodate the existing structure, as well as the expansion to the rear of
the house. Homes in the general vicinity reflect a comparable setback and
situation at the front of the lot near the street, by way of existence as a
nonconforming structure or through variance approvals by the Board of
-Adjustment. Granting a variance for a front setback reduction would thus be
in keeping with the overall character and harmony of the neighborhood. The
variances will not be injurious to the neighborhood or otherwise detrimental
to the public welfare. No public comment has been received.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
K.'IRqportW004D0A ReportsI07-06-04DOA 04-1088(Shefton).doc July 06,2004
Board of Adjustment
BOA 04-1088(Shelton)
Page 1.4
Finding: Reasons set forth in the application justify granting the requested variances.
b. 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 stated on page
one of this report.
C. 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
K.WeportWOOMOA ReporisI07-06-04WOA 04-1088(Shdton).doc July 06,1004
Board of Adjustment
BOA 04-1088(Shelton)
Page 1.5
161.07 District RSF-4, Residential Single-Family—Four Units Per Acre
(A) Purpose. The RSFA 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) Permitteduses.
�Q -wide uses by right 166.18 Master Street Plan Setbacks
I N�a —�W§— 11 The city shall require the
(2) Conditional uses. applicant/developer to establish a right-of-
way setback line based on the right-of-way
quirements for streets and highways
Unit 2 City-wide uses by conditio!nal use permit
Unit 3 Public protection and utility faaciflUes designated by the Master Street Plan. Such
ell s
Unit 4 Cultural and recreational facilities setback line shall be considered the property
Unit 9 Two-family dwellings
Unit 24 Hom line for such purpose of satisfying the
Unit 36 irl, ations facilibes requirements of the UDO. All building
(C) Density. setbacks, required landscaping,parking lots,
display areas, storage areas and other
le-family Two-family improvements and uses shall be located
lings dwellinqs outside of such established setback area. The
less 7 or less required width of setbacks, landscaped
(D) Bulk and area regulations. areas,buffers, and all other setback
requirements shall be dimensioned ftom the
Single-family Two-family established right-of-way setback line. The
dwellinqs_ dwe i n ms"YJ
Lot minimum width 1 70 ft. 80 ft- establishment of any new structure or other
Lot area minimum 1 8,000 sq.ft. 12,000 sq,ft. improvements within the right-of-way
Land area per 8,000 sq-ft. ]6,000 sq.ft. setback is prohibited.
_q!N lin unit
(E) Setback requirements-
Side Rear
81t. 20 ft.
(F) Height. None.
(G) Building area. On any lot the area occupied by all
buildings shall not exceed 40%of the total area of
such lot.
K.LkeportWOMROA Reporls107-06-041BOA 04-1088(Shelton).doc July 06,2004
Board of Adjustment
BOA 04-1088(Shelton)
Page 1.6
BRET PARK COMPANY, INC
17 May 2004
VVPdTTEN DESCRIMON
Ms. Carole Shelton, owner and resident of the house at 850 E. Skyline Drive,
requests a twenty-five foot variance of the front setback requirements for Skyline
Drive along the West boundary of her property.
It is Ms. Sheltons desire to build an addition to her home that would include a
bedroom, bathroom, closet, and necessary circulation space. The existing house
has 1,050 square feet of heated floor area, not including the basement. The
proposed addition will be approximately 500 square feet of heated floor area.
July 06,2004
Board of Adjustment
BOA 04-1088(Shelton)
PO Box 733 FAYETTF:va-LE. AR 72702 47952764Phe 1.7
BREF PARK COMPANY, INC
17 May 2004
Mr. Michael Green
Chair,Board of Adjustments
113 West Mountain Street
Fayetteville, AR 72701
Dear Mr. Green,
On behalf of Ms. Carole Shelton, owner and resident of the house at 850 E.Skyline
Drive,we request a variance of the front setback requirements along the West side
of her property.
We feel that our request meets the following criteria:
a) A special condition exists: The structure was built well before the zoning
ordinance, and before the width of the right-of-way was established. The majority
of the structure stands within the 25 foot setback. Although the addition we are
proposing will extend toward the back of the property and away from the street, a
portion of this addition will fall within the 25 foot setback as well.
b) Literal interpretation of the setback requirement would deprive the Ms. Shelton
the ability to increase the size of her house. Since the house itself is in violation of
the setback and right-of-way requirements, there is no other practical way to add
the space that Ms. Shelton requires.
c) This situation is not the result of actions of the property owner. The structure's
location predates Ms. Shelton's acquisition of the property.
d) Granting this variance will not grant this property special privilege denied to
others. The Skyline Drive area is a unique enclave within Fayetteville, and this
house is consistent with the character of this area.To require this house to conform
to general contemporary requirements would preclude Ms. Shelton from
improving her home in the manner she would prefer. Our request does not
exacerbate any non-conforming aspect of the existing structure. Furthermore,
other property owners in this district have been afforded the right to build in a
similar manner.
In conclusion, we ask that you approve our request and grant us permission to
build this addition. It will improve the property, and it will not increase the
severity of any pre-existing violation.
Sincerely,
July 06,2004
Board of Adjustment
Bret Park BOA 04-1088(Shelton)
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FAYETTEVILLE BOA Meeting of June 06, 2004
THE CITY OF FAYETFEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn T. Warrick, AICP, Zoning& Development Administrator
DATE: June 30, 2004
BOA 04-1121 (TERMINELLA BUILDING, 484): Submitted by MARK OWINGS for
property located at 123 N COLLEGE AVENUE (SW CORNER COLLEGE & SPRING). The
property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 0.47 acres. The
request is to allow a variance from the setback for a proposed structure. The requirement is for a
60' setback from the centerline of College Avenue. The request is for a 45'8" setback(a 144"
variance.)
Property Owner: TOM TERMINELLA Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested 14' 4" front setback variance as shown on the
attached site plan in the C-3 zoning district with the following condition(s):
1. Landscaping shall be provided along Spring St. and College Ave. as approved by
Planning Division to create an appropriate streetscape.
2. The applicant shall coordinate construction of sidewalks along public rights-of-way
with the Sidewalk Coordinator, Chuck Rutherford, and ensure that the sidewalk is
constructed through any proposed driveways or alleys and at the appropriate
location.
3. All necessary permits shall be issued prior to the development of this lot.
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K-Teports120041BOA ReporisI07-06-04WOA 04-1121(Tffminella Bldg).doc July 06,2004
Board of Adjustment
BOA 04-1121 (Terminella Building)
Page 2.1
BACKGROUND:
Property description: The subject property is located at the southwest comer of the intersection
of Spring Street, a local street, and College Avenue, a principal arterial. The property is zoned
C-3, Central Commercial and is surrounded by properties containing businesses and government
buildings. There is currently an existing structure on this property.
Proposal: The applicant proposes to build anew two-story office building on this site with a
building footprint of 10,113 square feet.
Request: The request is for a front setback variance of 14' 4"feet to accommodate a portion of
the structure and the front pre-cast entry located at the northeast comer of the structure (see
attached site plan). The front setback requirement is 5' from the Master Street Plan setback,
which is 55' from the centerline of College Avenue, for a total of 60' from centerline. The
applicant proposes a building setback of 45' 8"from the centerline of College Ave. College
Avenue is currently dedicated at 60' of right-of-way.
IOrdinance Requirement Applicant's Reque
Front setback(west of College Ave) 60' 45' 8"
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Arkansas Democrat Gazette (203 N. C-2, Thoroughfare Commercial
College)
South Professional Office, Multi-tenant C-3, Central Commercial
(103 N. College)
East Professional Office,Multi-tenant C-3, Central Commercial
(13 0 N. College)
West Hatfield Trust, Southwestern Bell, C-3, Central Commercial
and alley
'GENERAL PLAN DESIGNATION- Historic Commercial
FINDINGS:
§ 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
K.-IReportsi2OO4WO,4ReportsIO7-06-041BOA 04-1121(TffminellaBldg).doc July 06,2004
Board of Adjustment
BOA 04-1121 (Terminella Building)
Page 2.2
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 proposed redevelopment of this site is peculiar to the properties within
the Downtown area identified as Historic Commercial on the Future Land
Use Plan. The allowance of a variance to allow for this structure to be
constructed close to the right-of-way is a special circumstance to this area.
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 regulations would allow the proposed
structure to be set back 51 from the Master Street Plan setback and would
not permit the proposed structure without a variance request. Additionally.,
the applicant would be deprived of developing the property with a setback
that is typical of surrounding properties in the same district in the Historical
Commercial area of downtown. The applicant would be deprived of
developing the property with a setback that is typical of surrounding
properties in the same district,with reference to the right-of-way location. If
the Downtown Master Plan is adopted as drafted, this structure would have a
0' front setback on College Ave.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The requested front setback variance is the result of the applicant's desire to
construct an office building that creates a streetscape and will enhance the
character of Downtown. The 55' Master Street Plan setback and the
additional 51 front setback prevents the full use of the property as is in
comparison to other properties within this area. The circumstance that
requires a request to vary the lot width minimum is A result of the
applicant's desire to create a structure closer to the street than allowed by
ordinance in the C-3 zoning district.
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 variance will not confer special privileges. The
setback, should the variance be granted,would result in approximately 25'
8" of distance between the existing street edge and the proposed structure. A
K.,V?epoW2004W0A Repor&107-06-04BOA 04-1121(T�minella Bldg).doc July 06,2004
Board of Adjustment
BOA 04-1121 (Terminella Building)
Page 2.3
structure can be permitted within the Master Street Plan setback with Board
of Adjustment approval.
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 nonconformities were considered as a basis of the findings stated in this
staff report.
§ 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,June 07,2004.
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.
(L) 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: The proposed front setback variance is the minimum variance necessary to
accommodate the proposed redevelopment. The allowance of construction to
with a 14' 811 variance of the required 60' setback from the centerline of
College Avenue will allow this site to be developed with a similar street
presence as other developments within the Historic Commercial area of
Downtown Fayetteville. The variances will not be injurious to the
surrounding businesses or otherwise detrimental to the public welfare.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
K-WeporW2004WOA ReportsIO7-06-041BOA 04-1121(Taminella Bldg).doc July 06,2004
Board of Adjustment
BOA 04-1121 (Terminella Building)
Page 2.4
Finding: Reasons set forth in the application justify granting the requested variances.
b. 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 stated on page
one of this report.
C. 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
K.MqporW2004W0A Repor&107-06-041BOA 04-1121(Tffminella Bldg).doc July 06,2004
Board of Adjustment
BOA 04-1121 (Terminella Building)
Page 2.5
161.18 District C-3,Central Commercial
(A) Purpose. The Central Commercial District is designed to accommodate the corrunercial and related uses
commonly found in the central business district,or regional shopping centers which provide a wide range of retail
and personal service uses.
(B) Uses.
(1) Permitteduses.
Unitl _ City-Wide uses by right
Unit 4 Cultural and recreational facilifies
Unit 6 Government facilifles
Unit 12 Offices,studios,and related services
Unit 13_ Eating places
Unit 14 Hotel,motel,and amusement facilities
Unit 15 Neighborhood shopping goods
Unit 16 Shopping goods
nit 18 Gasolin service stations&drive-in
restaurants
Unit 19 Commercial recreation,small sites
Unit 26 MultLfa�ml dwellings
Unit 34 [�,q�0'_'to
(2) Conditional uses.
Unft2 City-wide uses by conditional use permit
Unit 3 _ Public protection and utility facilities
Unit 17 Trades and services
Unit 28 Center for collecting recyclable materials
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilibes
(C) Density. None.
(D) Bulk and area regulations. None
(E) Sethack regulations
Central
Business Shopping
District Center
Front 5 ft. 25 ft
Front if parking is
allowed between the
rightof-way and the
building 50 ft. 50 ft
Side None None
Side,when
contiguous to a
residential district 10 ft 25 ft
Rem,without
casement or alley 15 ft 25 ft
Rear,from center
line of a public alley 10 ft 10 ft
K.Weports12004180A ReporisI07-06-04WOA 04-1121(Yorminella Bldg).doc July 06,2004
Board of Adjustment
BOA 04-1121 (Terminella Building)
Page 2.6
166.18 Master Street Plan Setbacks
The city shall require the applicant/developer to establish a right-of-way setback line based on the
right-of-way requirements for streets and highways designated by the Master Street Plan. Such
setback line shall be considered the property line for such purpose of satisfying the requirements of
the UDO.All building setbacks,required landscaping,parking lots,display areas,storage areas and
other improvements and uses shall be located outside of such established setback area.The required
width of setbacks,landscaped areas,buffers,and all other setback requirements shall be dimensioned
from the established right-of-way setback line. The establishment of any new structure or other
improvements within the right-of-way setback is prohibited.
K.WeportsM04160A ReporW07-06-04WA 04-1121(Taminella Bldg).doc July 06,2004
Board of Adjustment
BOA 04-1121 (Terminella Building)
Page 2.7
Crafton. Tull & Associates, Inc.
901 N.47th Street,Suite 200, Rogers, AR 72756 479.636.4838 Fax:479.631.6224 www.craftull.com
June 12th, 2004
Michael Green
Board of Adjustment—City of Fayetteville
125 W. Mountain
Fayetteville, AR 72701
RE: Terminella Building to be located at the intersection of College Avenue
and Spring Street-
CTA Project#041050-00
Dear Michael,
The development of the property at the comer of Spring Street and College Avenue has
given rise to a special set of circumstances that have resulted in our need to request a
variance for the required setback from College Avenue for our new building to be
located at 123 N. College, Fayetteville, AR 72701.
We have worked hard to ensure that we meet the desires of the City of Fayetteville and
the ordinances, which are currently in place. However, the desires to incorporate ideals
from the new Downtown Master Plan have pulled our building further into the setback.
The renovation of College Avenue in front of our property is to be a Boulevard 60. A
boulevard 60 seeks tG pull the shops and stores closer than what we seek in our
variance request.
We wish to pull our building closer to College to a position that is a compromise
between current setback requirements and future goals of the Downtown Master Plan.
We will still be located further back from College than some of our neighbors, but Will
begin to address the goals put forth in the Downtown Master Plan.
Attached is our request for variance to allow the new Terminella Building to be located
50�-8" from the centerline of College Avenue for the building. This would be a variance
of 9'-4". The current requirement is that the face of the building be located "Five feet
from the Master Street Plan right-of-way (Currently fifty-five feet from centerline)which
is a total of sixty feet (60'-0") from the centerfine of College Ave.
As shown on the attached site plan and elevation information, there will be a small
overhead section of 2' tall x 2' deep pre-cast concrete that will form an overhead entry.
This entry will extend past the face of the building an additional 6-0" into the setback
for a clearance of 45'-8" from the centedine of College Avenue. This pre-cast feature
will be used to anchor the planting bed and reflect more the character of building
elements commonplace to the square, redefining the corner of College Avenue and
Spring Street.
KL-,,LIVED_
Jul, 06,2004
E'N 14 209kard of Ai justment
BOA 04-1121 (Termi aella 3uilding)
OF-FAyETTEVIU E Page 2.8
PLAtPlLU!G QVISION
A r c h i t e c t s E n g i n e e r s & r v e y o r s
As shown on the attached preliminary elevations, the building will be Composed of a
limited number of materials. We will be incorporating; brick that matches the downtown
fabric, precast concrete banding (expression lines), a comer entry, and large windows
that give the building a "revitalized warehouse look".
The College Avenue elevation will have a sweeping curve that will address vehicular
and pedestrian traffic approaching from the south. The pre-cast entry will present a
"solid comer" quality to vehicular and pedestrian traffic approaching from the north.
The occupant of the Vt floor will be a branch bank with three (3) drive-through teller
lanes. The 2nd floor of the building will house the new Fayetteville offices of Terminella
Inc. Our client will occupy and run day-to-day operations from this new location allowing
the businesses that occupy his current(adjacent) building to expand and grow.
It is our intent that the landscaping (although not required), be professionally designed.
The addition of trees and plantscape at this location will do a great deal to further the
revitalization of the area.
I have attached a site plan for your review. As discussed, I believe that once we
consider the credit for the existing structure, and the parking reduction allowed in our
zone we have meet the requirement for the parking. Please note that we will be utilizing
a shared dumpster between this project and the neighboring project also owned by my
client.
If there is any further information that I may offer or there are any questions that I may
address, please feel free to give me a call. I look forward to working with you.
Sincerely,
M Wi n g s,
Pr Archit Project Manager
Encl.
R EC I V E D
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July 06,2004
Board of Adjustment
BOA 04-1121 (Terminella Building)
Page 2.12