HomeMy WebLinkAbout2006-08-07 - Agendas 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.
2006 Board of Adjustment Members
Bob Nickle (Chairman)
Sherrie Alt
Robert Kohler
Eric Johnson
Karen McSpadden
William Chesser
James Zant
T To go
A.RICAt4SAS
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
MONDAY,AUGUST 7,2006 at 3:45 p.m.
Room 326,City Administration Building
Approval of minutes from the June 5,2006 meeting
The following items will be considered:
1. BOA 06-2185 (BRYSON,640): Submitted by Allene Bryson for property located at 2237 S.SCHOOL
AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.29
acres. The requirement is for a 50' front setback. The request is for a 6' setback(a 44' variance)to bring an
existing non-conforming structure into compliance.
Planner: Jesse Fulcher
2. BOA 06-2186: (SCURLOCK INDUSTRIES,287): Submitted by Roger Trotter for property located at 3821
MCCOLLUM AVENUE. The property is zoned I-1, HEAVY COMMERCIAL,LIGHT INDUSTRIAL and
contains approximately 0.52 acres. The request is for a 48' front building setback(a 2' variance)to bring an
existing structure into compliance. The applicant also requests a 48' front building setback(a 2' variance)and a
7' side building setback(a 3' variance)to the north for an addition. Planner: Suzanne Morgan
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
are open and available for inspection in the office of City Planning(479-575-8267), 125 West Mountain Street,Fayetteville,Arkansas.
All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public
hearings;72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330.
le7ay � " BOA Meeting of July 5, 2006
ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: August 1, 2006
BOA 06-2185(BRYSON,640): Submitted by Alene Bryson for property located at 2237 S.
SCHOOL AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and
contains approximately 0.29 acres.The requirement is for a 50' front setback. The request is
for a 6' setback (a 44' variance) to bring an existing non-conforming structure into
compliance.
Planner: Jesse Fulcher
RECOMMENDATION:
Staff recommends approval of the requested 44-foot building setback variance off of S.
School Avenue to bring the existing nonconforming building into conformity with the
following condition(s):
1. A building permit shall be obtained prior to commencement of any
construction.
2. Expansion or rehabilitation of the existing nonconforming structure shall
comply with City ordinance requirements.
3. A Certificate of Zoning Compliance and Sign Permit Application shall be
required,prior to occupancy or installation of signs.
w
BOAIUT[ITIVIEMT ACTrO11 C7 Approved E}]3eiaed
�econz�
Date, _
K:IReports120061BOA Repmrs108-07-06IBOq 06-2185(Rryson).doc August 7,2006
Board of Adjustment
BOA 06-2185(Bryson)
Agenda Item 1
Page 1 of 12
Additional Conditions/Comments:
BACKGROUND:
Property Description: The subject property is located at 2237 S. School Avenue, south of
Cato Springs Road and is zoned C-2,Thoroughfare Commercial. There is an existing 1,799
square-foot building, which was constructed in the mid 1940's, prior to current zoning
regulations and the Master Street Plan right-of-way. The existing building on the lot does
not meet the required front setback of 50' from the S. School Avenue right-of-way(55'from
centerline).
As depicted on the site plan attached to this report, the current structure on the property is
nonconforming as it is 6' from the S. School Avenue right-of-way, encroaching 44' into the
required 50' front setback. This structure and many surrounding properties were built prior
to S. School Avenue being designated as a Principal Arterial Street, expanding the right-of-
way from 40' to 55' from centerline. As a result, this structure and many surrounding
properties do not meet all minimum setback requirements within the C-2 zoning district.
Proposal: As shown in Table 1,the applicant is requesting a front setback variance to bring
the existing stricture into conformity.
Table 1
Variance Request for Existing Structure
Variance Issue Ordinance Requirement Applicant' Request
Front Setback 50' 6' (a 44' variance
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
from Site
North Mixed use commercial C-2, Thoroughfare Commercial
South Mixed use commercial C-2, Thoroughfare Commercial
East Mixed use commercial C-2, Thoroughfare Commercial
West Single-family structures RSF-4, Residential Single-family
GENERAL PLAN DESIGNATION: Community Commercial
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless
and until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which
are peculiar to the land, structure, or building involved and which are not
August 7,2006
K:IReports12006180A Reports108-07-06180A 06-2185(Biyson).doc Board of Adjustment
BOA 06-2185(Bryson)
Agenda Item 1
Page 2 of 12
applicable to other lands, structures or buildings in the same district.
Finding: Long after the subject building was constructed in the mid 1940's, S.
School Avenue was designated a Principal Arterial Street, significantly
increasing the right-of-way. It is appropriate to vary the required
setback in this circumstance since the existing building was constructed
before the current Master Street Plan designation of this road. Staff
finds that the preexisting nature of the encroachments into the building
setbacks constitutes a special circumstance peculiar to the land and
buildings involved.
2. Deprivation of Rights. That literal interpretation of the provisions of
the zoning regulations would deprive the applicant of rights commonly
enjoyed by other properties in the same district under the terms of the zoning
regulations.
Finding: Literal interpretation of zoning regulations related to nonconforming
structures would limit the amount of improvements and additions to the
existing structures. Staff finds that these limitations would deprive the
applicant of certain rights commonly enjoyed 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 variance request for the existing structure is
not the result of actions of the applicant. This lot and others within the
surrounding area were platted along S. School Avenue prior to current
zoning regulations and the Master Street Plan requirements for right-of-
way.
4. No Special Privileges. That granting the variance requested will not confer
on the applicant any special privilege that is denied by Zoning,Chapters 160-
165, to other lands, structures, or buildings in the same district.
Finding: Granting the requested front building setback variance to bring the
existing structure into compliance will not confer 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: No other nonconformities were considered as a basis of the findings
stated in this staff report.
,2006
K:;Reports12006180A Reports108-07-061BOA 06-2785 8 son.doc August Adjustment( �T ) Board of Adjustment
BOA 06-2185(Bryson)
Agenda Item 1
Page 3 of 12
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered
by and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday, August 7,2006.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application
justify the granting of the variance, and that the variance is the
minimum variance that will make possible the reasonable use of the
land, building, or structure.
Finding: The requested building setback variance is the minimum variance
necessary to accommodate the existing structure.
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: The granting of a variance for the existing structure 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.
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 stated on
page one of this report.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under
Zoning in the district involved,or any use expressly or by implication
prohibited by the terms of the zoning regulations in said district.
Finding: The proposed use of the site for professional offices is a use permitted by
right in the C-2 zoning district.
August 7,2006
K:IReporu120061BOd Reports108-07-0600A 06-2185(Bryson).doc Board of Adjustment
BOA 06-2185(Bryson)
Agenda Item 1
Page 4 of 12
City of Fayetteville Unified Development Code
Section 161.17 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional
grouping of these commercial enterprises catering primarily to highway travelers.
(B) Uses.
(1) Permitted uses.
Unit 1 Ci -wide uses by right
Unit 4 Cultural and recreational facilities
Unit 12 Offices,studios and related services
Unit 13 Eatin laces
Unit 14 Hotel,motel,and amusement facilities
Unit 15 Nei hborhood sho in oods
Unit 16 She in oods
Unit 17 Trades and services
Unit 18 Gasoline service stations&drive-in restaurants
Unit 19 Commercial recreation,small sites
Unit 20 Commercial recreation,large sites
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor store
(2) Conditional uses.
Unit 2 Ci -wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting re dable materials
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front 50 ft.
Side None
Side,when contiguous to a residential district 15 ft.
Rear 20 ft.
(F) Height regulations. In District C-2 any building which exceeds the height of 20 feet shall beset back
from any boundary line of any residential district a distance of one foot for each foot of height in excess of
20 feet. No building shall exceed six stories or 75 feet in height.
(G) Building area. On any lot,the area occupied by all buildings shall not exceed 60%of the total area of
such lot.
(Code 1965,App.A.,Art.5(VI);Ord.No. 1833,11-1-71;Ord.No.2351,6-2-77;Ord.No.2603,2-19-80;Ord.No.1747,6-29-70;Code
1991,§160.036;Ord.No.4034,§3,4,4-15-97;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99)
August 7,2006
K.IReports120061BOA Reports108-07-061BOA 06-2185(Bryson).doc Board of Adjustment
BOA 06-2185(Bryson)
Agenda Item 1
Page 5 of 12
July 10, 2006 Applicants: Alene Bryson and Robert L. Myers
VARIANCE APPLICATION
2237 S. School Ave.
Fayetteville, AR 72702
1. Payment of$100.00 is attached.
2. Legal description - copy of Warranty Deed is attached.
3. What is proposed by Applicants:
Existing building size: approximately 1799 sq. ft.
Proposed building size: approximately 1799 sq. ft. (no change)
Existing off-street parking spaces: approximately 8
Proposed off-street parking spaces: approximately 8 (no change)
On June 20, 2006, at the end of the closing on the purchase of this property, after all forms had
been signed, checks had been dispersed, the Closing Agent stepped out of the room and
returned with a piece of paper to advise us all that the Title policy had a last-minute amendment
to add the following paragraph:
"Excepting there out & there from that part of the dwelling that lies with that
part of the 50' wide front building set back like as shown on plat of survey by
Blew &Assoc., Inc., drawing # 06-608, dated 06/02/2006. (To be removed
from the lender's final title policy only)
We asked what does this mean. A nervous, hot and animated discussion followed. We were
advised that the building is located in the set-back and that we should make an application for a
Variance. We were advised that the next meeting of the Board of Adjustments would not be
until August, more than a month from the date of the closing. We asked what does this mean
regarding our use and enjoyment of the property but no one really knew the answer other than
to tell us that it was highly recommended to apply for a Variance. The closing was put on hold
and everyone was quite disturbed. I had to make an appointment to consult with Jessie
Fulcher, City Planner, to get a clear answer. My understanding is that we cannot make any
improvements to the property exceeding 10% of its value unless a Variance is granted, and that
no structural work can be done on it without a Variance.
After much soul searching, and with a lot of pressure on us to make a quick decision, we sealed
the sale two days later. We had a lock-in on the interest rate, and rates rose the following day
by .25%. We know it is a solid structure, and that with a fresh coat of paint and a little TLC
inside, we can make it beautiful.
We do not intend to enlarge or modify the buildina or the oarkina area at all
want to practice law there until I retire in 10-15 years from now. We know from personal
experience that it is hard for small businesses to find attractive, affordable office space to rent.
The location is very good for small business, so the prospects for keeping the building fully
occupied with small professional businesses is excellent. Most of the property in the vicinity is
already commercial.
August 7,2006
Board of Adjustment
BOA 06-2185(Bryson)
Agenda Item.1
Page 6 of 12
I plan to establish my law office in one half of the main floor, and to rent out the other half of the
main floor to one of our sellers who has had her part-time tax service there for years already,
and to rent a two-room suite upstairs to another professional service type of business. As my
law practice grows, it may occupy more of the internal space, so that we may rent out less of it.
The building will house a maximum of 3 small businesses.
The building currently has one small window unit in the tax service suite, and no air conditioning
elsewhere. It has old electrical radiant heat units installed near the ceilings which is inefficient.
It needs central heat and air. It is questionable whether installation of central HVAC can be
accomplished for a cost as low as 10% of the value of the property. Already, one estimate from
Paschal Heating &Air far exceeds that amount, and we are seeking other estimates now.
Without good climate control, the building is useless for our purposes and needs, and it would
be useless for most anyone else.
The interior of the upper floor is enclosed from the elements but is raw stud walls and sub-
flooring. It has electrical wiring and is plumbed, but has no fixtures. It needs to be finished out
to make it occupiable. If we are limited to spending 10% of the value of the property in
improvements and since getting HVAC will probably be that much or more in costs, then without
a Variance, we cannot finish out the upstairs to make it occupiable.
If we have storm damage or any other damage to the structure not caused by us, we would be
unable to repair it unless we are granted a Variance.
The building was in existence long before,the ordinances/regulations came into effect, and long
before S. School Avenue was widened. The existence of the building within the set-back is not
the result of any actions by us. The granting of this Variance will not confer on us any special
privilege that is denied by ordinance to other lands, structures, or buildings in the same district.
Literal interpretation of the provisions of City Ordinance would deprive us of the rights
commonly enjoyed by other properties in the same district under the terms of relevant City
ordinances.
We respectfully request a Variance simply so that we can clean it up, give it the internal
finishing touches it needs to make it functional and beautiful, and so that we can maintain it if it
were to suffer any structural damage that we do not cause.
4. Two sets of typed mailing labels as requested are attached.
5. A copy of the Plat on record , showing owners' names and parcel numbers for all adjacent
properties is attached.
6. Survey is attached. (Also, a smaller copy is attached on 8 %2 x 11 paper)
Signature: I
Alene Brysopf
Signature:
ob rt L. Myers
August 7,2006
Board of Adjustment
BOA 06-2185(Bryson)
Agenda Item 1
Page 7 of 12
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Agenda Item 1
Page 9 of 12
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Page 11 of 12
August 7,2006
Board of Adjustment
BOA 06-2185(Bryson)
- Agenda Item 1
Page 12 of 12
BOA Meeting of August 07, 2006
d ARKANSAS
s"
'1'1-1E CITY OF FAYETTEVILLE. ARK-ANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: August 2, 2006
BOA 06-2186: (SCURLOCK INDUSTRIES, 287): Submitted by Roger Trotter for
property located at 3821 MCCOLLUM AVENUE. The property is zoned I-1, HEAVY
COMMERCIAL, LIGHT INDUSTRIAL and contains approximately 0.52 acres. The
request is for a 48' front building setback(a 2' variance)to bring an existing structure
into compliance. The applicant also requests a 48' front building setback (a 2' variance)
and a 7' side building setback(a 3' variance)to the north for an addition.
Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested front setback variance to bring the
existing structure into conformity with zoning district requirements, with the
following condition(s):
1. The variance granted shall apply only to the existing structure.
2. Any enlargement, expansion, or extension of the existing structure shall
comply with the building setback requirements of the I-1 zoning district
unless otherwise granted by the Board of Adjustment.
3. A building permit for any addition shall comply with the requirements of the.
Unified Development Code, including but not limited to parking spaces,
improvements to existing nonconforming parking, landscaping, etc.
Staff recommends denial of the requested side and front building setback variances
for the office addition.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: O Approved O Denied
Date: August 07,2006 Motion: Second: Vote:
August 7,2006
Boad of Adjustment
BOA 06-2186(Scurlock Industries)
Agenda Item 2
Page 1 of 12
BACKGROUND:
Property: The property is located on a 0.52-acre property on the west side of McCollum
Avenue. The property is owned by Scurlock Industries and is zoned I-1, Heavy
Commercial and Light Industrial. The applicant indicates that the existing structure on
the property was constructed in 1931. Additions were made to the structure in 1993,
though the building permit information is not clear as to the location and size of those
additions. The building is the office for Scurlock Industries. Property to the north, south
and west of the subject property is owned by Scurlock Industries and is developed for the
manufacturing of concrete pipes, culverts, etc. Property to the east is zoned R-A and is
currently utilized for pasture/farm land.
Proposal: The applicant requests an addition to the existing structure. Based on a
survey,the existing building encroaches into the front 50' building setback approximately
2'. Expansion of the structure is not permissible unless the structure is brought into
conformity with the required building setbacks. Therefore,the applicant requests
approval of a 48' front building setback.
An addition of 627 square feet (19' x 33')is proposed north of the structure. This
expansion encroaches into the front building setback approximately 2', as it follows the
same roof line of the existing nonconforming structure, and it encroaches 3' into the
northern building setback. A variance is requested to allow these encroachments.
Table 1
Variance Request
Variance Issue Ordinance Requirement A licant's Request
Side (North) Setback 10' 7' (a 3' variance)
Front(East) Setback 50' 48' (a 2' variance)
SURROUNDING LAND USE AND ZONING:
Direction
from Site Land Use Zoning
North Industrial/Manufacturing I-1, Heavy Commercial&'Light Industrial
South Industrial/Manufacturing I-1, Heavy Commercial & Light Industrial
East Pasture/Agricultural R-A, Residential Agricultural
West Industrial/Manufacturing I-1, Heavy Commercial & Light Industrial
GENERAL PLAN DESIGNATION: Industrial
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FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless
and until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist
which are peculiar to the land, structure, or building involved and which
are not applicable to other lands, structures or buildings in the same
district.
Finding: Staff finds that special conditions do exist for the existing structure in
that it was built prior to the current zoning district regulations. Staff
finds that the preexisting nature of the encroachments into the
building setback constitute a special circumstance peculiar to the land
and building involved.
Staff does not find that there are special circumstances which justify
granting a variance for an addition to the existing structure, finding
there to be ample unencumbered property into which a significant
addition can be:constructed to the north and south of the structure.
The applicant has indicated that based on the floor plan of the
existing structure that the best location for expansion is to the north.
Staff would suggest that the addition be reduced in size to comply
with the required.setbacks.
2. Deprivation of Rights. That literal interpretation of the provisions of the
zoning regulations would deprive the applicant of rights commonly
enjoyed by other properties in the same district under the terms of the
zoning regulations.
Finding: Literal interpretation of zoning regulations related to a
nonconforming structure would limit the amount of improvements
and additions to the existing structure. Staff finds that these
limitations would deprive the applicant of certain rights commonly
enjoyed by others within the same zoning district.
To require that any addition to the existing office building meet the
terms of the 1-1 zoning district does not deny the owner of any rights
allowed to others within the same zoning district. Furthermore, there
are no unique circumstances on the property which would prohibit a
sizeable expansion to the north or south of the existing dwelling.
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3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The location of the existing structure is not a result of the actions of
the applicant.
The requested variance for an addition that will encroach within the
building setback is a result of the actions of the applicant.
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 for existing structure will not confer
any special privilege on this applicant which are denied to others.
However, to grant the expansion of a structure into the required
building setbacks would extend special privileges to this property
owner that area not available to others in the same 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 nonconforming use of any neighboring lands, structures or
buildings within the same district were used as grounds for
recommending either approval or denial of the requested variances.
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be.,,
considered by and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,August 07,2006.
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.
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Finding: The requested setback variance of 2' is the minimum variance
necessary to accommodate the existing structure on the property.
The 2' front variance requested for the proposed addition matches the
variance necessary to bring the existing structure into conformance.
The 3' variance to the north of the structure is based on the size of the
proposed addition.
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 building setback variance for the existing structure
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.
Staff finds that an addition to the existing building within the setbacks
will not be injurious to the adjacent property owners. With the
exception of the property to the east, all other adjacent property is
owned by Scurlock Industries. The applicant has stated that the
variance to the north is requested because they are owners of the
adjacent property to the north and find that the 7' building setback
will not detrimentally impact the property. The front setback
variance is requested so that the addition can be made using the same
roof line, which will look more aesthetically pleasing and potentially
less cost. However, to allow construction of a new structure in a
building setback when it is possible to construct an addition that will
meet the zoning requirements is not in harmony with the intent of the
zoning requirements.
C. Conditions and Safeguards. hi 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 the variance on the existing
structure which are stated on page one of this report. Staff
recommends denial of the requested variances for an addition to the
structure.
Should the Board of Adjustment find in favor of granting the
requested variance for the proposed addition, staff recommends
modifying conditions #1 to state, "The variances granted shall apply
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only to the existing structures and proposed addition as shown on the
attached site plan."
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under
Zoning in the district involved, or any use expressly or by
implication prohibited by the terms of the zoning regulations in
said district.
Finding: The structure is used as an office,which is a use permitted by right in
the I-1 zoning district.
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161.20 District I-1,Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial
and light industrial uses which are compatible with one another but are inappropriate in other
commercial or industrial districts. The Light Industrial District is designed to group together a wide
range of industrial uses, which do not produce objectionable environmental influences in their
operation and appearance. The regulations of this district are intended to provide a degree of
compatibility between uses permitted in this district and those in nearby residential districts.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 6 Agriculture
Unit 12 Offices,studios and related facilities
Unit 13 Eating places
Unit 17 Trades and services
Unit 18 Gasoline service stations&drive-in restaurants
Unit 21 Warehousing and wholesale
Unit 22 1 Manufacturin
Unit 25 1 Professional offices
Unit 27 Wholesale bulk petroleum storage facilities with
underground storage tanks
(2) Conditional uses.
Unit 2 Cit -wide uses by conditional use permit
Unit 19 Commercial recreation,small sites
Unit 20 Commercial recreation, large sites
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front,when adjoining A or R districts 50 ft.
Front,when adjoining C,I,or P districts 25 ft. - - -
Side,when adjoining A or R districts 50 ft.
Side,when adjoining C, I,or P districts 10 ft.
Rear,when adjoining C,I,or P districts 10 ft.
(F) Height regulations. There shall be no maximum height limits in I-I District, provided, however,that
any building which exceeds the height of 25 feet shall be set back from any boundary line of any
residential district a distance of one foot for each foot of height in excess of 25 feet.
(G) Building area. None.
August 7,2006
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2340 N.Business Dr.,Suite N24
Fayetteville,AR 72703
1 \ (479)582-9340 fax 582-9336
B7R4�,ON
0
&ENGINE ERING
479-582-9340`
July 17,2006
Chair of the Board of Adjustments
Re: 3821 S. McCollum Ave. (Scurlock Industries)Sales Office Expansion
Chair:
We at Construction and Engineering Solutions,LLC are representing Scurlock Industries in a proposed
building addition requiring a variance request at 3821 S.McCollum Ave. These sales offices are currently
housed in an existing building constructed in 1931 as a residence. The current square footage of this facility
is 2067 sf. Scurlock Industries is proposing a 627 sf addition on the north side of the structure. There are
currently 8 parking spaces available. There are 6 standard spaces,2 compact spaces and 1 handicap
accessible space. The required number of spaces for this facility is in accordance with a mixed use of office
and sales as 1 space per 250 square feet. Therefore 11 spaces are required. Based on the allowed 30%
reduction of parking,we would like to maintain the 8 existing parking spaces with no additional parking.
The proposed addition will encroach on the east setback line 1.66' on the northeast corner of the
building. Also,the new addition will encroach on the north setback by 2.9'on the northwest corner and
2.18' on the northeast corner. In order to maintain a consistent frame line on the east face of the
building based on the original 1931 construction. The structures original date of construction being
prior to the creation of setbacks for this property and the peculiar orientation of the original structure on
the property. The adjoining property across the road is pasture land with no additional impact based on
the 1.66' encroachment to this adjoining property. The north variance is being requested due to the
adjacent property also being owned by Scurlock to the north. The property to the north currently has a
20'utility easement along its south property line. With this in mind,the 3'setback encroachment would
have minimal impact with both properties being owned by the same entity and the existing utility
easement in place on the adjacent property.
We thank you for your time and consideration in this matter. If you have any questions please feel free
to call us at(479) 582-9340.
Respectfully,
,Oat,
David W. Reed, P.E.
Member
August 7,2006
Boad of Adjustment
BOA 06-2186(Scurlock Industries)
Agenda Item 2
Page 8 of 12
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Agenda Item 2
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