HomeMy WebLinkAbout2005-05-02 - 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
Monday,May 2,2005,3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of Minutes from the 04125/2005 meeting.
New Business:
1. BOA 05-1499(BEN JACK'S,290): Submitted by BRETT PARK for property located at 2719 DRAKE STREET. The
property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.84 acres. The request is a variance from
front setback requirements of 25'from the Master Street Plan right-of-way to accommodate an existing non-conforming structure
located 20' 9"from the MSP right-of-way(a 4'3"variance).
Property Owner: BEN JACK Planner: SUZANNE MORGAN
2. BOA 05-1500(WESTSIDE CONDOMINIUMS,439): Submitted by ROBERT SHARP for property located at RUPPLE
ROAD,N OF BOYS AND GIRLS CLUB. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains
approximately 21.91 acres. The request is for a 10'front setback on interior streets only-
Property Owner: VVESTSIDE DEVELOPMENT CO.,LLC Planner: JEREMY PATE
3. BOA 05-1501 (620 LAFAYETTE APARTMENTS,483): Submitted by ROBERT KELLY for propert y located at 620 W
LAYFAYETTE. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.29 acres. The
request is for a variance from side setback requirements of F additional side setback for every F over 20'in.height to
accommodate a new structure with a 25'height to the eave. 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(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 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.
2005 Board of Adjustment Members
Sherrie Alt
Michael Andrews (Chainnan)
Michael Green
Robert Kohler
Bob Nickle
Joanne Olzewski
Eric Johnson
BOAMeetin ofMay02, 2005
9
9 1 ARKANSAS
THE CITY OF FAYE'r-FEVILLE. ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: April 28, 2005
BOA 05-1499 (BEN JACK'S,290): Submitted by BRETT PARK for property located at
2719 DRAKE STREET. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 0.84 acres. The request is a variance from
front setback requirements of 25'from the Master Street Plan right-of-way to
accommodate an existing non-conforming structure located 20' 9" from the MSP right-
of-way(a 4' 3"variance.)
Property Owner: BEN JACK Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested setback variance based on the findings
herein with the following conditions:
1. Landscaping shall be planted within the 25' greenspace adjacent to the
right-of-way at the ratio of 1 tree per 301 in accordance with Ch. 172.07.
2. Vegetation having a minimum height of one foot six inches at the time'of
planning and occupying 10% of the open area shall beinstalled with
issuance of a building permit,prior to Certificate of Occupancy.
3. A landscape plan shall be submitted for approval prior to installation of
required vegetation per conditions of approval.
4. Expansion of the existing structure and additional development shall
comply with City ordinance requirements.
BOARD OF ADJUSTMENT AOWN: 0 Approved C I) Denied
Date: May 02,2005
May 02,2005�
Board of Adjustment
BOA 05-1499(Ben Jack's)
KlReportsI20051BOA Repore;105-07-05WA 05-1499(RenJack's)-doc Page 1.1
BACKGROUND:
Property description: The subject property contains approximately 0.84 acres and is
located at 2719 Drake Street. It is zoned C-2, Thoroughfare Commercial and utilized for
Ben Jack's Arkansas Music, an allowable use within this zoning district. The structure
was permitted and built in 1987. Although the front setback requirement in this zoning
district is 50', Chapter 166.10 C (4) allows the applicant to reduce the setback to 25'
provided that no off-street parking is provided within this front yard and an additional
10% of vegetation is planted within this area. The structure was permitted in 1987 with
these restrictions,though the parking along the side of the structure does encroach 10'
within the 25' greenspace and would be not be approved at this time. No vegetation is
currently present adjacent to the right-of-way on this property, as required by ordinance.
Background- On March 1,2005, the applicant applied for a building permit to add a
metal storage building to an existing metal storage unit. This permit was denied due to
the fact that the proposed and existing metal structures did not meet commercial design
standards, and as separate structures on the property constitute a nonconforming use for
storage (Use Unit 21) within the C-2 zoning district. No building permit was ever issued
for the existing metal structure. Staff has met with the applicant to resolve these issues.
Upon review of the site plan for this building permit, staff found that the structure was
not compliant with current setback regulations. In 1987, the structure was permitted with
a 25' front setback from the right-of-way,which at the time was 30' from centerline. An
ordinance was passed since 1987 that requires all setbacks to be measured firomIthe
Master Street Plan right-of-way(see Chapter 166.18 Master Street Plan Setbacks). Drake
Street is designated a Collector Street and requires 35' from centerline. Therefore, the
existing structure is nonconforming and cannot be enlarged until it meets zoning
requirements.
Request: The request is for a front setback variance for the existing structure adjacent to
Drake Street to allow a 20' 9" setback where a 25' setback is required(a 4' 3"variance).
Recommendation: Staff recommends approval of the requested front setback variance.
The request is in harmony,with the existing surrounding structures and is not as a result
of the actions of the applicant.
Location Ordinance Requirement Applicant's Request
Front Setback 25' (with no parking b/w structure 20' 9" (a 4' 3"variance)
and greenspace& 10%v getation)
May 02,2005
Board of Adjustment
BOA 05-1499(Ben Jack's)
K.WeporisI2005WOA Repore,105-07-051BOA 05-1499(Ben Jack's).doc Page 1.2
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Auto Body Shop, Mailco C-2, Thoroughfare Commercial
South Commercial/Retail C-2, Thoroughfare Commercial
East Commercial/Retail C-2, Thoroughfare Commercial
West Single-family, Two-family, and RMF-24, Res. Multi-family—24 units/acre
Three-family development
GENERAL PLAN DESIGNATION: Community 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:
1. Special Conditions. That special conditions and circumstances exist
which are peculiar to the land, structure, or building involved and which
are not applicable to other lands, structures or buildings in the same
district.
Finding: Special conditions do exist for this property that are'peculiar to the
existing building. The property owner received approval for a
building permit in 1987 for construction in conformance with all
setback requirements. As constructed and shown on the attached site
plans,the building was located at the required front setback. The
adoption of a new Master Street Plan and ordinance requiring all
setbacks to be measured from the Master Street Plan has resulted in
the nonconformity of this structure.
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 deprive the
applicant of rights enjoyed by other properties in the same district.
Any requested addition to the structure within the required setbacks
would not be permitted on a nonconforming structure.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
May 02,2005
Board of Adjustment
BOA 05-1499(Ben Jack's)
K.1ReportsL?005W0A ReporuI05-07-05WA 05-1499(Ben Jack's).doc Page 1.3
Finding: The special conditions and circumstances in this case do not result
from the actions of the applicant, but as a result of a change in policy
and setback requirements since the time that this structure was
permitted.
4. No Special Privileges. That granting the variance requested will not
confer on the applicant any special privilege that is denied by Zoning,
Chapters 160-165, to other lands, structures, or buildings in the same
district.
Finding: Granting the requested front setback variances will not confer special
privileges on the applicant. The applicant is requesting approval for
the setback of a structure that is similar in location to adjacent
structures. Any new structure permitted in the C-2 zoning district
could be built 25' from the Master Street Plan right-of-way in
accordance with Ch. 166.10 C (4).
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.
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,May 02,2005.,-: -
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 front setback variance is the minimum variance
required to bring the existing structure into compliance with the
ordinance.
May 02,2005
Board of Adjustment
BOA 05-1499(Ben Jack's)
K-Reports1200500A ReportsI05-07-05WOA 05-1499(Ben Jackrs).doc Page 1.4
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 variance is in harmony with the purpose and intent of
the 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: Conditions of approval for this variance request have been included
in this staff 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: A music retail establishment is a use by right in the C-2 zoning
district.
May 02,2005
Board of Adjustment
BOA 05-1499(Ben Jack's)
K-,IReportsI2OOJVBO.4 ReportsW-07-05WOA 05-1499(BenJack's).doc Page 1.5
161.17 District C-2,Thoroughfare FF-Rear
Commercial
(A) Purpose. The Thoroughfare Commercial (F) Height regulations. In District C-2 any
building which exceeds the height of 20
District is designed especially to feet shall be set back from any boundary
encourage the functional grouping of these line of any residential district a distance of
commercial enterprises catering primarily one foot for each foot of height in excess
to highway travelers. of 20 feet. No building shall exceed six
(13) Uses. stories or 75 feet in height.
(1) Permitted uses. (G) Building area. On any lot,the
Unit I City-wide uses by right area occupied by all buildings
Unit 4 Cultural and recreational facilities shall not exceed 60%of the total
Unit 12 Offices, studios and related area of such lot.
services
Unit 13 Eating places 166.10 Buffer Strips And Screening
I Jnit 14 Hotel, motel, and amusement (4) Setback reduction. Required building
facilities setbacks may be reduced in
Unit 15 Neighborhood shopping goods accordance with the following table
Unit 16 Shopping goods where vegetation having a minimum
Unit 17 Trades and services height of one foot six inches at the
Unit 18 Gasoline service stations & drive- time of planting and occupying 10%
in restaurants of the open area is installed and no
Unit 19 Commercial recreation,small sites off-street parking is provided in the
Unit 20 Commercial recreation, large sites remainin I g front yard.
Unit 33 Adult live entertainment club or
bar C-1, C-2, and 1-1 From 50 feet to 25
Unit 34 Liquor store zones feet
R-0 zone From 30 feet to 25
(2) Conditional uses. feet
Unit 2 City-wide uses by conditional use 1-2 zone From 100 feet to 50
permit feet
I Jnit 3 Public protection and utility
facilities 166.18 Master Street Plan Setbacks
Unit 21 Warehousing and wholesale The city shall require the applicant/developer
Unit 28 Center for collecting recyclable to establish a right-of-way setback line based
on the right-of-way requirements for streets
materials
and highways designated by the MasterStreet
n 1 32 Sexually oriented business Plan. Such setback line shall be considered the
rUnit35 Outdoor music establishments property line for such purpose of satisfying the
Unit 36 Wireless communications facilities requirements of the UDO.All building
setbacks,required landscaping,parking lots,
(C) Density. None. display areas,storage areas and other
improvements and uses shall be located
(D) Bulk and area regulations. None. outside of such established setback area.The
required width of setbacks, landscaped areas,
(E) Setback regulations. buffers,and all other setback requirements
Front 50 ft. shall be dimensioned from the established
e
Side NonJ right-of-way setback line.The establishment
Side, when contiguous to a 15 ft. of any new structure or other improvements
residential district within the right-of-way setback is prohibited.
May 02,2005
Board of Adjustment
BOA 05-1499(Ben Jack's)
KlReporisI2005WOA ReportsIO5-07-051BOA 05-1499(BenJack's).doc Page 1.6
11 April 2005
WRITTEN DESCRIPTION
Mr.Ben Jacl�,owner of the Ben Jad��s Arkansas Music,2719 Drake Street,
requests a 25 foot variance for the front setback requirement on his property.
The existing structure has 3976 square feet of conditioned floor area and a 625
square foot storage room. This storage is has separate exterior access from the
remainder of the building. The property currently has 16 total parking spaces.
These spaces are off-street and dedicated to this propervs use.
It is Mr.Jack!s desire to add an additional attached storage room to the rear of his
building. During the process of this addition, improvements will be made to the
existing storage room to make it consistent with the detail and image of the main
building. The extents of this storage room fall within the setback requirements
for this property.
The need for the front setback variance is to address a non-conformity that anses
as a result of the building's construction predating the implementation of
Fayetteville's Master Street Plan.
May 02,2005
Board of Adjustment
BOA 05-1499(Ben Jack's)
Page 1.7
SRFT PARK COMPANY, INC
11 April 2005
Mr. Michael Andrews
Chair�Board of Adjustments
113 West Mountain Street
Fayetteville, AR 72701
Dear Mr. Andrews,
On behalf of Mr.Ben Jack,owner of the Ben Jacks Arkansas Music,2719
Drake Street,we request a variance for the front setback requirement along
the North side of his property, facing Drake Street
The special condition that exists for this property results from the
Fayetteville Master Street Plan!s implementation after the construction of
this building. This request seeks only to address the existing non-
conformity and does not increase the severity of any current non-
conformity. Drake Street is designated as a"collector streer by the Master
Street Plan,and as such requires a 50'front setback- Mr.Jack's property was
built in 1987, and is built as permitted at that time. The structure is
currently 25' 9"from the front property fine. We are specifically requesting
a variance of 25 feet to address this non-conformity.
This adjustment will allow Mr.Jack to make improvements to his property.
First,by varying the front setback requirement the property will no longer
be outside of city requirements. Second, the variance will allow Mr.Jack to
add an attached storage room to the rear of his property and make
unproventents to the building's appearance. This includes changing the
materials and details of an existing attached storage room to match the
materials and details of the building. The new attached storage room will
also have the same materials and details of the existing building.
We feel that Mr.Jacks request meets the following criteria:
a) Special conditions exist: The structure predates Fayetteville's Master
Street Plan.
b) Literal interpretation of the setback requirement would deprive Mr.Jack
of the ability to build within the legal buildable limits of his property
c) This situation is not the result of actions of the property owner. The
structure's location on the property predates the implementation of
Fayetteville's Master Street Plan.
May 02,2005
Board of Adjustment
BOA 05-1499(Ben Jack's)
Page 1.8
d) Granting this variance will not grant this property special privilege
denied to others.This budding has a similar position and relationship to
Drake Street as other buildings in the area. The addition Mr.Jack proposes
is consistent with similar construction in his area. Furthermore, he is asking
to build within the limits of the setbacks of his property.
In.conclusion,we ask that you approve this variance. It will allow Mr.Jack
to improve his property with the confidence that the condition of non-
conformance has been addressed.
Sincerely,
Bret Park
May 02,2005
Board of Adjustment
BOA 05-1499(Ben Jack's)
Page 1.9
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May 02,2005
Board of AdjuAment
BOA 05-1499(Ben Jack's)
Page 1.11
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VARIANCE REOUEST FOR
BEN JACKS ARKANSAS MUSIC
2719 DRAKE STREET May 02,2005
FAYETTEVILLE,AR Board of Adjustment
BRET PARK COMPANY, INC. 05-1499(Ben Jack's)
P.O. E30X FAYETTEVILLE,AR 72702 Page 1.13
TEL(479)527-6465 FAX(479)527-6415
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-------- --- Board of Adjustment
-1499(Ben Jack's)
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Miles Page 1.15
BOA Meeting of May 02, 2005
ARKANSAS
THE CITY OF FAYETTEVILLL, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Jeremy Pate, Director of Current Planning
DATE: April 28, 2005
BOA 05-1500 (WESTSIDE CONDOMINIUMS, 439): Submitted by ROBERT
SHARP for property located at RUPPLE ROAD,N OF BOYS AND GIRLS CLUB. The
property is zoned RMF-24, MULTI FAMILY- 24 UNITS/ACRE and contains
approximately 21.91 acres. The request is for a 15' front setback on future interior streets
only.
Property Owner: WESTSIDE DEVELOPMENT CO., LLC
Planner: JEREMY PATE
RECOMMENDATION:
Staff recommends denial of the requested setback variance based on the findings
herein:
[i
BOARD OF ADJUSTMENT ACTION: OA- 0 Denied
B pproved
[D'ate: Mayr02,2005
BACKGROUND:
Property description: The subject property contains approximately 21.65 acres in west
Fayetteville, north of the Boys and Girls Club. It is zoned RMF-24,allowing for multi-
family residential development. The property is a large lot in a subdivision platted in this
area several years ago, and has remained vacant. Surrounding development includes the
Boys and Girls Club, Fayetteville Fire Station#7, and approved development plans for
Rupple Row PZD, across Rupple Road. To the north is a single family home on large
acreage.
Request: The request is for a front setback variance on all planned/future interior streets,
allowing for a 15-foot setback as opposed to a 25-foot setback as required by current
ordinance in the RMF-24 zoning district.
May 02,2005
Board of Adjustment
BOA 05-1500(Westside Condominiums)
K.-V?eports12005W0,4 ReportsI05-07-0500,4 05-1500(Westside Condos).doc Page 2.1
Recommendation: Staff recommends denial of the requested variance for the planned
development. The City Council three years ago approved an ordinance specifically to
allow for flexibility and creativity for new development projects: the Planned Zoning
District. This existing process allows for the Planning Commission and City Council to
determine if the requests to vary ordinance requirements is in keeping with city policies
and objectives, in concert with the development plan presented. Staff finds that the
variance process is not the process by which new development should vary legally
binding zoning law, unless it meets the findings herein. Staff recommends denial of the
requested variance based on the findings herein.
Ordinance
Location Requirement Applicant's Request
All planned street frontages on the 25' 15' (a 10' variance)
roperty
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single family home, light commercial R-A, R-0
South Boys& Girls Club R-A
East Vacant R-A
West Rupple Row PZD (under R-PZD
construction)
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: Special conditions do not exist for this property that are peculiar to
the land. This property is vacant,without an approved development
plan,which allows a designer's flexibility to appropriately meet
current zoning ordinances. While a unique and traditional urban
design project is planned, it has not been presented to the Planning
Commission for review and approval. At this time, there are not
special circumstances that warrant the variance request. May 02,2005
Board of Adjustment
BOA 05-1500(Westside Condominiums)
K.WeporLsL20051BOA ReporW05-07-051BOA 05-1500(Westside Condos).doc Page 2.2
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 deprive the
applicant of rights enjoyed by other properties in the same district.
The development across the street(Rupple Row PZD) does have
reduced setbacks in some cases; it was approved within a Planned
Zoning District process,which included a development plan and
standards that supported the reduced setbacks, as approved by the
City Council. If a more traditional neighborhood design philosophy is
intended to be utilized outside of the regulations of the current zoning
district, it is staffs recommendation for the applicant to pursue a
Planned Zoning District request,which is the City Council's adopted
ordinance for such a case.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: No special conditions or circumstances exist that result from the
applicant in this variance request.
4. No Special Privileges. That granting the variance requested will not
confer on the applicant any special privilege that is denied by Zoning,
Chapters 160-165, to other lands, structures, or buildings in the same
district.
Finding: Granting the requested front setback variances will confer special
privileges on the applicant. Those developing new projects in the
RMF-24 zoning district,or any zoning district,are expected to follow
the ordinances and regulations of their respective district. Whether
the type of project is desirable or not should not be a consideration in
a relaxation of zoning law,either for or against. Staff finds that
granting the requested setback variance for this project would not
support the variance process,and would confer a special privilege on
the applicant, based on the project and design philosophy presented.
This case is much more appropriate as a Planned Zoning District
application before the City Council for action.
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.
May 02,2005
Board of Adjustment
BOA 05-1500(Westside Condominiums)
K.WeporlsUOOMOA ReportA05-07-051BOA 05-1500(Westside Condos).d� Page 2.3
Finding: No other nonconformities were considered as a basis of the fimlings
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,May 02,2005.
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 front setback variances for all interior public streets
are the minimum set forth by a proposed development plan,which is
not in accordance with the existing zoning district. A reasonable use of
the land is possible without the variance being granted.
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 variance will not necessarily be injurious to the
neighborhood or otherwise detrimental to the public welfare.
However,the request is.not in keeping with the intent of the zoning
district regulations as�curkently adopted. There is a process in place
by which this type of application should be evaluated, based on the
development plans submitted.
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: No conditions or safeguards are recommended, as denial of the
request has been recommended.
d. No Variance Allowed. Under no circumstances shall the Board of
May 02,2005
Board of Adjustment
BOA 05-1500(Westside Condominiums)
K.WeportsL7005WOA ReportA05-07-051BOA 05-1500(Westside Condos).doc Page 2.4
Adjustment grant a variance to allow a use not permissible under
Zoning in the district involved, or afiy use expressly or by
implication prohibited by the terms of the zoning regulations in
said district.
Finding: Multi-family use is a use by right in the RMF-24 zoning district,and
to vary a use is not part of the variance request.
May 02,2005
Board of Adjustment
BOA 05-1500(Westside Condominiums)
K.IReportsL700500,4 ReportsIO5-07-051BOA 05-1500(Wesiside Condos).doc Page 2.5
161.13 District RMF-24,Residential Three or more go ft.
Multi,-Family—Twenty-Four Units Per III Professional offices looft.
Acre
(2) Lotareaminimum.
(A) Purpose. The RMF-24 Multi-family
Residential District is designed to permit Manufactured home park 3 acres
and encourage the developing of a variety of Lot within a mobile home 4,200 sq.ft.
park
dwelling types in suitable environments in a Townhouses:
variety of densities. *Development 10,000 sq.ft.
olndividual lot 2,500 sq.ft.
(B) Uses- Single-family 6,000 sq.ft.
Two-family 7,000 sq.ft.
(1) Permitted uses. Three or more 9,000 sq.ft.
Fprate niM oror acT
L
r,f,ss "office acress
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings (3) Land areaper dwelling unit.
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings
Unit 26 Multi-family dwellings Manufactured home 3,000 sq.ft.
Apartments:
0No bedroom 1,700 sq.ft.
(2) Conditional uses. *One bedroom 1,700 sq.ft.
-Two bedroom 2,000 sq.ft.
Unit 2 City-wide uses by conditional use Fraternity or Sorority 1,000 sq.ft.per resident
permit
Unit 3 Public protection and utility facilities (E) Setback requirements .
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 25 Professional offices Side Re
Unit 24 Home occupations 8 ft. 25 ft. 7
Unit 36 Wireless communications facilities
Cross reference(s)-Nariance,Ch.156.
(C) Density-
(F) Height regulations. Any building which
Units per acre 4 to 24 exceeds the height of 20 feet shall be set.
back from any side boundary line an
(D) Bulk and area regulations. additional distance of one foot for each foot
of height in excess of 20 feet.
(1) Lot width minimum.
(G) Building area None.
Manufactured home park 100ft.
Lot within a Manufactured 50-fLz
home park
Single-family 60 ft.
Two-family 60 ft.
May 02,2005
Board of Adjustment
BOA 05-1500(Westside Condominiums)
K.Ikeportst2OO5iBOAReporisIO5-07-051BOA 05-1500(Mulside Condos).doc Page 2.6
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