HomeMy WebLinkAbout2013-03-04 - 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, MARCH 4, 2013 at 3:45 p.m.
Room 111, City Administration Building
Presentation of Service Award to Bob Kohler
The following items will be considered:
1. Approval of the minutes from the February 4, 2013 meeting.
New Business:
2. BOA 13-4319 (2600 N. GREGGIWHISTLE STOP PLAZA, 289): Submitted by WHISTLE
STOP PLAZA, LLC for property located at 2600 N. GREGG. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 2.19 acres. The applicant requests a
variance of the rear building setback.
Planner: Quin Thompson
3. BOA 13-4321 (736 N. GARLAND/STEPHENSON, 444): Submitted by JOHN WILLIAM
KRUG, JR. for property located at 736 N. GARLAND. The property is zoned CS, COMMUNITY
SERVICES and contains approximately 0.10 acres. The applicant requests a variance from the front
setback requirement.
Planner: Jesse Fulcher
4. Election of Board of Adjustment Chairman for 2013.
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
Robert Kohler (Chairman)
Jeff Hagers
Evan Niehues
Kristen Knight
Tim Stein
Matthew Hoffman
MINUTES OF THE
BOARD OF ADJUSTMENT
A meeting of the Board of Adjustment was held on February 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: January 7, 2013 Approved
Page 2
New Business:
BOA 13-4300 (EAST OF CARTER ST. AND ADDINGTON AVE./MARKS,404):
Page 3
Approved
BOA 13-4301 (1849 S. VALE AVEJMCMAHON, 599):
Page 5 Denied
BOA 13-4302 (ROSEHILL ADD. LOT 4 & 5, 444):
Page 7 Approved
MEMBERS PRESENT MEMBERS ABSENT
Bob Kohler Kristen Knight
Jeff Hagers
Tim Stein
Matthew Hoffman
Evan Niehues
STAFFPRESENT
Andrew Garner
Jesse Fulcher
Jason Kelley
The meeting was called to order at 3:45 PM.
Upon roll call all members except Knight were present.
Board of Adjustment
March 4,2013
Agenda Item 1
02-04-13 Minutes
Page 1 of 8
Approval of the minutes from the January 7, 2013 Board of Adjustment meeting.
Motion•
Board Member Hoffman made a motion to approve the January 7, 2013 Meeting
Minutes. Board Member Stein seconded the motion. Upon roll call the motion passed
with a vote of 5-0-0.
Board of Adjustment
March 4,2013
Agenda Item 1
02-04-13 Minutes
Page 2 of 8
BOA 13-4300 (EAST OF CARTER ST. AND ADDINGTON AVEJMARKS, 404):
Submitted by BLEW AND ASSOCIATES for property located on CARTER STREET
EAST OF ADDINGTON AVENUE. The property is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.20 acres. The
applicant requests a variance of the lot area and lot width to subdivide the parcel into two
lots.
Andrew Garner, Senior Planner, gave the staff report.
Board Member Hoffman discussed about the size the lots being proposed and that this
size lot would be more similar to lots in the downtown area.
Andrew Marks, applicant, 1372 W. Hendrix, gave the background for the request and his
vision for trying to clean up Carter Street.
Board Member Stein asked about the drainage improvements.
Andrew Marks, applicant, discussed there is a ditch in front that needs work and that he
would be able to fix drainage if he were able to get do the proposed lot split.
Board Member Hagers asked about the size of the proposed homes.
Andrew Marks, applicant, discussed that the homes would be approximately 1,200 square
feet.
Board Member Hagers asked if the homes would meet building setbacks.
Andrew Marks, applicant, answered yes.
Board Member Hoffman asked about rezoning the property.
Garner discussed that the proposed lot sizes would be smaller than that allowed even if the
property were rezoned to RSF-7 or RSF-8, but that it would have to be rezoned to NC,
Neighborhood Conservation which has a 40-foot wide lot and 4,000 square foot lot area.
Board Member Hagers discussed that he will vote against it, it is too much. One house on
this property would be fine.
Commissioner Hoffman discussed that he thought this variance would be a good thing.
Public Comment:
Clancy McMahan, applicant's friend, spoke in favor of the applicant's request.
Board of Adjustment
March 4,2013
Agenda Item 1
02-04-13 Minutes
Page 3 of 8
Motion:
Board Member Kohler made a motion to approve BOA 13-4300 as requested by the
applicant. Board Member Hoffman seconded the motion. Upon roll call the motion
passed with a vote of 3-2-0, with Stein and Hagers voting no.
Board of Adjustment
March 4,2013
Agenda Item 1
02-04-13 Minutes
Page 4 of 8
BOA 13-4301 (1849 S. VALE AVE./MCMAHON, 599): Submitted by BLEW
AND ASSOCIATES for property located at 1849 SOUTH VALE AVENUE. The
property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE
and contains approximately 0.23 acres. The applicant requests a variance of the lot area to
subdivide the parcel into two lots.
Jesse Fulcher, Current Planner, read the staff report.
Board Member Kohler asked about the proposed lot configuration.
Fulcher stated that the layout is what is requested.
Clancy McMahon, applicant, stated he would like to build a single-family home with a
detached garage on one lot and a three-car garage with apartment on the other lot.
Board Member Niehues stated that the area is not really single-family.
McMahon stated he thought this would be an attractive addition.
Public comment:
Jim Hawkins, neighbor, stated he didn't have a problem with the request.
Board Member Hoffman stated the single-family homes would be an outlier in this area
adjacent to larger buildings and industrial development. What about the Fayetteville
Junction Neighborhood Plan.
Futcher explained that it contained a variety of uses, and that this area was intended to be
dense residential and commercial uses.
Board Member Kohler asked if you could rezone the property.
Fulcher stated there are other districts that could allow the lot sizes being proposed, but
that they may not be appropriate in this location.
Scott Berkshire, applicant/surveyor, stated that the original lot was larger, with the eastern
boundary in the center of Vale Avenue.
Jason Kelley, Assistant City Attorney, stated that is probably the old deed description.
McMahon stated he didn't realize the discrepancy in the lot size until the very end, but
before he closed on the property.
Board Member Hagers asked when the lot was purchased.
McMahon stated it was after they realized that the lot was actually smaller.
Board of Adjustment
March 4,2013
Agenda Item 1
02-04-13 Minutes
Page 5 of 8
Motion:
Board Member Hagers made a motion to approve BOA 13-4301 as requested by
applicant. Board Member Stein seconded the motion. Upon roll call, the motion
failed with a vote of 1-4-0. Members Niehues, Hoffman, Stein, and Hagers voted no.
Board of Adjustment
March 4,2013
Agenda Item 1
02-04-13 Minutes
Page 6 of 8
BOA 13-4302 (ROSEHILL ADD. LOT 4 & 5, 444): Submitted by RICHIE LAMB for
property located at in ROSEHILL ADDITION LOT 4 AND 5. The property is zoned
RMF-40, RESIDENTIAL MULTI-FAMILY 40 UNITS PER ACRE and contains
approximately 0.16 acres. The applicant requests a variance of the rear set back on two lots.
Andrew Garner, Senior Planner, gave the staff report.
Richie Lamb, applicant, discussed the background for the variance request.
Public Comment:
Catherine Owen spoke in favor of the request.
Motion:
Board Member Hagers made a motion to approve both requests associated with BOA
13-4302 as requested by the applicant, with all conditions as recommended by staff.
Board Member Niehues seconded the motion. Upon roll call, the motion passed with
a vote of 5-0-0.
There being no further business, the meeting was adjourned at 5:00 PM.
Board of Adjustment
March 4,2013
Agenda Item 1
02-04-13 Minutes
Page 7 of 8
Board of Adjustment
March 4,2013
Agenda Item 1
02-04-13 Minutes
Page 8 of 8
•
Tayelevlle BOA Meeting of March 04, 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: Jeremy Pate,Development Services Director
DATE: February 26, 2013
BOA 13-4319 (2600 N. GREGGIWHISTLE STOP PLAZA, 289): Submitted by
WHISTLE STOP PLAZA, LLC for property located at 2600 N. GREGG. The property is
zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.19 acres.
The applicant requests a variance of the rear building setback.
Planner: Quin Thompson
BACKGROUND:
Property Description and Background: The subject property is located at 2600 N Gregg
Avenue and contains approximately 2.2 acres. The property is zoned C-1, Neighborhood
Commercial, and is currently developed with three buildings, including the Stone Mill
Bakery, a sports bar, and a strip center containing a variety of businesses.
The applicant intends to split the parcel into two lots as part of a proposed 1200 square foot
addition/expansion of the Stone Mill Bakery. This expansion would reduce the separation
between the Stone Mill and the adjacent retail strip center such that it will not be possible
to meet the minimum rear setback requirement of the C-1 zoning district.
Proposal: As shown in Table 2, the request is for a 6-foot rear building setback where a
20-foot setback is required (a 14' variance).
Table 1
Surrounding Land Use/Zoning
Direction Land Use Zoning
North Multi-family dwellings RMF-24,Residential Multi-family, 24du/acre;
South White Oak Station C-1, Neighborhood Commercial
East Commercial/Professional Office C-1,Neighborhood Commercial/R-O
Residential Office
West Single Family Residence/ RMF-24, Residential Multi-family, 24du/acre;
Undeveloped 1-1,Heavy Commercial &Light Industrial
G:IETCIDevelopmeni Services Review120130evelopment Review113-4319 BOA 1600 K Gregg Ave. (Whistle Stop Plaza)101 BO.¢wrd of Adjustment
04-20131Comments and Redlines March 4,2013
Agenda Item 2
BOA13-4319 Whistle Stop Plaza
Page 1 of 10
Table 2
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Rear Setback 20' 6' (14' variance)
Public Comment: Staff has not received public comment on the variance request.
RECOMMENDATION:
Staff recommends approval of the variance request to allow for the proposed rear
building setback variance, subject to the following conditions of approval:
Conditions of Approval:
1. The project must meet all requirements of the Unified Development
Code, including parking and tree preservation, as well as all applicable
building and fire codes.
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied
Date: March 04, 2013
Motion:
Second:
Vote:
Note:
FUTURE LAND USE PLAN DESIGNATION: City 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;
G:IETCIDevelopment Services Reviewl20131Development Reviewlt3-4302 BOA Rosehill Add Lot 4&5(Lambfl0l BOA102-04-Board of Adjustment
20131Comments and Redlines March 4,2013
Agenda Item 2
BOA13-4319 Whistle Stop Plaza
Page 2 of 10
Finding: Staff finds that special conditions and circumstances unique to this
property cause undue hardship. The shape of the existing double
fronted lot, existing easements, and fire lane create a difficult design
condition which limit potential expansion of the
Stone Mill Bakery to the proposed area (See Plan).
(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: Granting the variance will be in keeping with the spirit and intent of the
zoning ordinance. The applicant proposes a reduced setback adjacent to
an existing commercial property under the same ownership.
Setbacks are intended to provide separation between parcels which may
be developed with more or less compatible uses, as in the case of
residential and commercial developments. In this case the proposed
setback reduction will affect only commercial properties under the
same ownership.
(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: Staff finds that the rear setback variance being requested for the parcel
is the minimum setback adjustment that would be required to build the
proposed commercial addition.
(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, as listed on page two of
this report.
(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: The C-1 zoning district allows restaurant and commercial uses.
G:IETCIDevelopment Services Review120130evelopmeni Reviewll3-4302 BOA Rosehill Add Lot 4&5(Lam6)I01 BOAI02-04-Board of Adjustment
20131Comments and Redlines March 4,2013
Agenda Item 2
BOA13-4319 Whistle Stop Plaza
Page 3 of 10
161.18 District C-1,Neighborhood Commercial
(A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods
and personal services for persons living in the surrounding residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 5 Government Facilities
Unit 13 Eating places
Unit 15 Neighborhood shopping
Unit 18 Gasoline service stations and drive-in/drive
through restaurants
Unit 25 Offices,studios,and related services
Unit 44 Cottage Flousin Development
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 16 Shopping oods
Unit 34 Liquor stores
Unit 35 Outdoor music establishments"
Unit 36 Wireless communications facilities"
Unit 40 Sidewalk Cafes
Unit 42 Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front 50 ft.
Side None
Side,when contiguous to a residential 10 ft.
district
Rear 20 ft.
(F) Height regulations. There shall be no maximum height limits in C-1 District, provided, however, that
any building which exceeds the height of 10 feet shall be setback from any boundary line of any
residential district a distance of one foot for each foot of height in excess of 10 feet.
(G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of
such lot.
(Code 1965,App.A.,Am 5(V);Ord.No.2603,2-19-80;Ord.No. 1747,6-29-70;Code 1991,§160.035;Ord.No.4100, §2(Ex.A),6-
16-98;Ord.No.4178,8-3 t-99;Ord.5028,6-19-07;Ord.5195,11-6-08;Ord.5312,4-20-10;Ord.5339,8-3-10;Ord.5462,12-6-11)
G:IETCIDevelopment Services Review120131Developmenl Review U3-4301 BOA Rosehill Add Lot 4&5(Lamb)101 BOA102-04- Board of Adjustment
10131Comments and Redlines March 4,2013
Agenda Item 2
BOA13-4319 Whistle Stop Plaza
Page 4 of 10
Dear Chairperson Kohler,
The owners of the Whistle Stop Plaza commercial center located on North Gregg Avenue wish
to expand the current Stone Mill Bakery to accommodate growth at the location they have
occupied for 16 years.The owner of the Bakery business and the property owner desire to split
off approximately .68 acres of the current 2.13 acre site and create a new ownership entity for
the newly created parcel and improvements. Ownership of the current real estate formally
requests a building set back variance on proposed improvements so an eventual lot split will
enable 2600 N. Gregg Avenue to become its own parcel.
The project includes adding approximately 1200 square feet of building addition to the current
Stone Mill Bakery(currently 2400 sq.feet).The new addition and existing buildings would fall
into the building set back of the proposed new lot property lines that would be created.
We respectfully request a variance of the property line building rear set-backs.This will allow
the eventual lot split to be performed and the proposed improvements built.The proposed
eventual lot split and building expansion would create two building rear set back
encroachments of approximately, 14 feet on the newly created lots(see enclosed drawing for
detail).
Special conditions exist in that the current parcel is rectangular and expansion of the current
building is only feasible to the east due to land and fire lane restrictions.We have conferred
with City planning, building, and fire and safety departments and they have had no issues with
the project.
A literal interpretation of the set back ordinance would not allow us to build a reasonable
expansion needed by a local business.A granting of this variance will not create any special
privilege that any other well planned,approved expansion would otherwise create.
The requested variances are in the planning stages and do not represent an existing condition.
The proposed building addition and set back encroachment will allow the property owner and
business operator to keep a 16 year existing business in Fayetteville.We believe the set—back
encroachments and the eventual lot split requests to be reasonable and allows for infill growth
within our City.
Thankyo fory urconsi i ration.
MI ehel Ander on, weer/Applicant
Board of Adjustment
March 4,2013
Agenda Item 2
BOA13-4319 Whistle Stop Plaza
Page 5 of 10
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Agenda Item 2
BOA13-4319 Whistle Stop Plaza
Page 8 of 10
BOA13-4319 WHISTLE STOP PLAZA
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------ Planning Area Feel Board of Adjustment
March 4,2013
gena tem 2
BOA13-4319 Whistle Stop Plaza
Page 9 of 10
Board of Adjustment
March 4,2013
Agenda Item 2
BOA13-4319 Whistle Stop Plaza
Page 10 of 10
•
aye evlle BOA Meeting of March 4, 2013
ARKANSAS
TtIE (A I'Y OF PAYF,F] EV1LLF, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: February 25, 2013, 2013
BOA 13-4321 (736 N. GARLAND/STEPHENSON, 444): Submitted by JOHN
WILLIAM KRUG, JR. for property located at 736 N. GARLAND. The property is zoned
CS, COMMUNITY SERVICES and contains approximately 0.10 acres. The applicant
requests a variance from the front setback and minimum buildable street frontage.
Planner: Jesse Fulcher
BACKGROUND:
Property Description and Background: The subject property is located at the southeast
corner of Garland Avenue and Eagle Street, adjacent to the University of Arkansas campus.
The 0.1-acre tract is zoned CS, Community Services and is currently developed with an
approximately 800 square foot single family home constructed in 1956.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single-family dwellings RMF-40, Residential Multi-family,40 du/acre;
South City of Fayetteville Fire Station 42 P-1, Institutional
East Ci of Fayetteville Fire Station#2 P-1, Institutional
West Leverett Elementary P-1,Institutional
Proposal: The applicant is proposing to remove the existing home and redevelop the site
with an approximately 800 square foot first floor retail space and second floor apartment
unit.
Request: The applicant is requesting approval to construct the new building at the right-of-
way line, a 10 foot variance. The resulting building will have a buildable street frontage of
approximately 57 feet (42 %) where 88 feet (65%) is required. The variance requests are
listed in Table 1 and depicted in the applicant's letter and site plan.
Table 2—Variance Request*
Variance Issue Requirement Request Variance Amount
Front setback 10-25 foot build-to zone 0 feet 10 feet
Building street frontage 65% = 88 feet 42% = 57 feet 23% = 31 feet
G:IETCIDevelopment Services Revieivl20121Developmeni Reviewll2-4321 BOA(Stephenson)102 BOA 103-04-20131Comments angoard of Adjustment
Redlines March 4,2013
Agenda Item 3
BOA134321 Stephenson
Page 1 of 18
* The existing house is located outside of the build-to zone along Garland, providing a
buildable street frontage of 19% — 26 feet.
Public Comment: Staff has not received any public comment.
RECOMMENDATION: Staff recommends approval of BOA 13-4321 with the following
conditions:
1. The variances shall only apply to the redevelopment of the site as currently
proposed by the applicant and indicated on the site plan.
2. Additional variances from the Planning Commission may be necessary before a
final development plan can be approved by staff. Denial of these variances may
require a new site design, and modification to the variances listed herein.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied
Date: March 4,2013
Motion:
Second:
Vote:
FUTURE LAND USE PLAN DESIGNATION:
City 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: The property owner is proposing to redevelop the site with
approximately the same footprint as exists on the lot. However, the
various zoning and development requirements that are applied to this
small site (50 feet by 85 feet) make redevelopment extremely difficult.
Board of Adjustment
G:IEMDevelopment Services Revieiv120121Development Revieivll2-4321 BOA(Stephens)102 BOA103-04-20131Comments and RedlineMarch 4,2013
Agenda Item 3
BOA134321 Stephenson
Page 2 of 18
This includes tree preservation requirements. The applicant has
developed six site designs, but only one can meet the intent of the tree
preservation ordinance, as indicated by the Urban Forester's e-mail
and shown on the "Proposed Site Plan" both attached. Development of
a parking lot is also all but prohibited. This is due to the shallow depth
of the property, the requirement to only access Eagle (Access
Management Ordinance) and the prohibition of parking in the build-to
zone.
Another unique aspect of this property that creates an undue hardship
is the right-of-way for Garland Avenue, a state highway. The Master
Street Plan requirement is for a total right-of-way of 87 feet, or 43.5 feet
from centerline. The State's existing right-of-way is approximately 118
feet. This additional right-of-way was purchased from a previous
property owner when Garland Avenue was widened to a four-lane
boulevard. Removal of the additional right-of-way would allow the
building to be placed approximately as proposed without a variance.
(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 granting of the variance will be completely in keeping with the
spirit and intent of the zoning ordinance. There are currently 13 zoning
districts with a build-to zone of either 0 to 25 feet or 10 to 25 feet. The
10 foot requirement is generally intended for districts along high speed
streets. However, Garland Avenue is not a high speed street. In fact it is
a very pedestrian friendly, boulevard design with relatively low travel
speeds. Therefore, a 10 foot setback is not necessary.
It should be noted that the resulting setback from the street edge for the
proposed building (with a 0 foot setback) will be approximately 26 feet,
due to the excess state right-of-way. This is slightly greater than what
the requirement would be along a standard right-of-way (6 foot
greenspace + 5 foot sidewalk + 10 foot setback = 21 feet from street
edge).
This section of Garland Avenue is a dense, urban, and pedestrian
environment, thanks to dense residential developments to the east and
the newer residential and commercial projects that have been developed
along the Garland street edge. This project will continue to promote
this context.
(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.
Board of Adjustment
G:IETCOevefopment Services Revimvl20l2Oevelopment Revieivl]2-4321 BOA(Stephens)02 BOAI03-04-20131Comments and Redlinimarch 4,2013
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Finding: The requested variance is necessary to allow the property to be
redeveloped with a minimal number of parking spaces to serve the same
building footprint as exists on the property. Reducing the variance will
eliminate parking and likely make the project unfeasible.
(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 not 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: The applicant is not requesting a use that is prohibited in the
Community Services zoning district.
Board of Adjustment
G:IETCIDevelopment Services Reviewl20121Development Review112-4321 BOA(Stephens)W2 BOA 103-04-20131Comments and Redlineemarch 4,2013
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Fayetteville Unified Development Code
I
161.19 Community Services
(A) Purpose. The Community Services district is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas and is intended to provide for
adaptable mixed use centers located along commercial corridors that connect denser development nodes.
There is a mixture of residential and commercial uses in a traditional urban form with buildings
addressing the street. For the purposes of Chapter 96:Noise Control,the Community Services district is a
commercial zone. The intent of this zoning district is to provide standards that enable development to be
approved administratively.
(B) Uses.
(1) Permitteduses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings
Unit 13 Eating laces
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 dwellings
Unit 44 Cottage Housing Development
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.
Board of Adjustment
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(1) Lot width mininnan.
Dwelling 18 ft.
All others None
(2) Lot area minimum. None
(E) Setback regulations.
Front: The principal fagade of a
building shall be built
within a build-to zone that
is located between 10 feet
and a line 25 feet from the
front prop rty line.
Side and rear: None
Side or rear, when contiguous 15 Feet
to a residential district:
(F) height regulations. Maximum height is 4 stories or 56 Feet which ever is less.
(G) Minimum buildable street frontage. 65%of the lot width.
Board of Adjustment
G:IZTCIGevrfopnrenl5ervlces RavioO20121bevelopmenr Reviev111.4321 ROjf i.5'replreneJl021JOAV03-04-2Dl31Commenrs and RedlincMemh 4,2013
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VARIANCE REQUEST
To: Fayetteville Board of Adjustments
(attn.: Bob Kohler: Chairman)
From (representative): John William Krug, Jr AIA
6770 East Mission Blvd
Fayetteville, AR 72703
479-871-9876
Project location: 736 North Garland (corner lot of Garland Avenue and
West Eagle Street)
Fayetteville, AR 72701
Date: February 11, 2013
PROJECT INFORMATION
Proposed project description:
The owners plan to build an 800 sf +/- ground floor commercial space for a
coffee shop and some small retail items. The owners plan to draw on university
pedestrians as a large part of their patronage. A second floor is to contain a
single one bedroom apartment.
Planned parking description:
-The city code allows 15% of required parking spaces to be eliminated if
property is a quarter mile (1320 feet)from a transit stop (section 172.05a). The
property is approximately 600 feet from a bus stop at the University of Arkansas'
Garland Center
-The city code allows 10% of parking spaces to be substituted for scooter
and motorcycle spaces, at a ratio of one parking space per one
scooter/motorcycle space (section 172.05 b). The plan is to exceed this number
of scooter/motorcycle spaces to facilitate use by university students.
- The city code allows 10% of parking spaces to be substituted for bicycle
racks, at a ratio of one parking space per one bicycle rack (section 172.05 c).
The plan is to exceed this number of bicycle racks to facilitate use by university
students.
-The plan calls for combining these reductions for a total of 35% reduction
in parking. This would be 7 spaces (for space planning requirements) x 35% = 2
less spaces (that can be reduced). There are a total of 5 actual automobile
spaces provided.
-One space would be used by the apartment. This leaves 6 spaces
available for planning for the commercial space on the ground floor.
-Allowable space for retail is 6 spaces x 250sf/space = 1500 sf.
-Allowable space for restaurant is 6 spaces x 100sf/space = 600 sf.
1 Board of Adjustment
J 0 H N W I L L I A M K R U G, J R A I A A R C H I T E C T March 4,2013
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The owners are planning on the retail selling of coffee and related items,
not a set down dining area. They may however, have a few small tables for short
term use. They plan on most of their patrons will be from the nearby campus,
who will not be driving. Additional bicycle and scooter parking is provided for this
reason.
The owners are planning to ask for a future variance on this parking
number to reduce the requirement by one space based on the argument that the
building is targeting foot traffic from the university for its patrons.
Solid waste:
Architect spoke with Jason Drummond at sanitation department on 1-23-13 in his
office. Mr. Drummond tentatively approved the use of curbside service based on
similar sizes and uses he noted around town.
Two major site development determining factors:
1. The building should be located along the west side of the property. This
provides a building face to Garland. It also shield's the parking from Garland
Avenue.
2. The entrance to the new parking lot needs to be as far eastly along West
Eagle Street as possible. West Eagle Street rises in elevation from Garland
Avenue to a point on the eastern edge of the property where it is the only
practical place to enter the site.
VARIANCE REQUEST
The current Community Services zoning has a minimum 10 feet "build-to
zone" setback requirement from front property lines (facing streets). This request
is for a variance of the setback requirement along the Garland Avenue (west)
side of the property to allow the building to be built to the edge of the property
line.
VARIANCE REQUEST CRITERIA
1. The current west property line is set back approximately 13 feet from other
property lines along Garland Avenue (See attached drawing Appendix-A
showing adjacent property lines and zoning). It is our belief, that if the other
Community Service zoned property to the north of this property (see
Appendix- A) is developed in the future it would use the 10 feet minimum
setback given the depth of its site. Similarly, other properties may follow this
trend along Garland as it develops as an "entrance" into the university.
Allowing this property to have its building set to the west property line should
maintain a similar "street edge" as other Community Service zoned properties
with a 10 "feet build-to" setback along Garland Avenue. (It is our belief this
complies with criteria listed as a,b,c,&d in the application form)
2 Board of Adjustment
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