HomeMy WebLinkAbout2005-06-06 - Agendas FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
Monday,June 6,2005,3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of Minutes from the 05102/2005 meeting.
New Business:
1.BOA 05-1535(THE GYPSY,484): Submitted by BOB ESTES for property located at 400 W DICKSON STREET. The property is zoned C-3,
CENTRAL COMMERCIAL. The applicant wishes to appeal the Zoning&Development Administrator's interpretation that the recently constructed
outdoor music stage requires a Conditional Use Permit.
Property Owner: WYMA&C.T.PEARSON Submitted on behalf of DORTCH/WARREN Planner: JEREMY PATE
2.BOA 05-1534(Risk,445): Submitted by BOBETTE RISK for property located at 409 Ila Street. The property is zoned RMF-40,RESIDENTIAL
MULTI-FAMILY 40 UNITS PER ACRE and contains approximately 0.14 acres. The request is a variance from the front setback requirement of 25'
to 18'(a 7'variance),and from the lot width requirement of 60'to 50'(a 10'variance)in order accommodate a proposed single family dwelling and
one-car garage on a single lot. Planner:ANDREW GARNER
3.BOA 05-1537(BELZUNG/CONDREN,448):Submitted by RICHARD S.BAGWELL for property located at 1515 CLARK STREET. The
property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE. The requirement is for a 25'front setback.The request is for a front setback of 15'
(a 10'variance).
Property Owner: WANDA BELZUNG Planner: JESSE FULCHER
4.BOA 05-1538(GOLDIE'S,213):Submitted by KEY ARCHITECTURE,INC.for property located at 3251 N COLLEGE AVENUE. The
property is zoned C-2,THOROUGHFARE COMMERCIAL. The request is to approve an 18'front setback(a Tvariance.)
Property Owner: DOUG MARITAN Planner: ANDREW GARNER
5.BOA 05-1539(BOZEMAN CREEK,LLC,446):Submitted by ROBERT SHARP for property located at 620 N COLLEGE AVENUE. The
property is zoned C-2,THOROUGHFARE COMMERCIAL. The required setback from the Master Street Plan Setback of College Avenue is 25'
without puking between the structure and the building. The request is to allow 0'(a 25'variance.)
Property Owner: TOM BOURDEAUX Planner: SUZANNE MORGAN
6.BOA 05-1540(LEGACY BUILDING,484):Submitted by ROBERT SHARP for property located at 401 WATSON STREET. The property is
zoned C-3,CENTRAL COMMERCIAL. The request is to approve a 0'front setback(a 5'variance)and a 0'rear setback(a 15'variance.)
Property Owner: BRANDON&KERI BARBER Planner: SUZANNE MORGAN
7.BOA 05-1541(ANDERSON/CRAVEN,362):Submitted by LYNNE ANDERSON for property located at AT THE NE CORNER OF SALEM
AND FAIRFAX. The property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE. The request is for a 60'lot width(a 10'variance.)
Property Owner: LOTTIE/JEFF PAVLIK Submitted on behalf of. JAMES/SYLVIA CRAVEN Planner: ANDREW GARNER
8. BOA 04-1531(PERKINS,255):Submitted by Caldwell Banker Corporate Office for property located at 3184 N.Old Wire Rd. The property is
zoned R-A,Residential-Agricultural. The request is to approve a variance that would allow the applicant to split the subject property into two lots,
each containing approximately 2.50 acres,with a lot width of 172.55'. The applicant requests a variance of the 200'lot width requirement(a 27.45'
variance for each proposed lot). Planner: JESSE FULCHER
9. BOA 05-1532(HOWERTON,398):Submitted by JEANETTE HOWERTON for property located at 1325 N GENOA AVENUE. The property
is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.22 acres. The request is for a reduced rear setback from 20'to
10'(a I O'variance)and for a reduced side setback fronall'to 5'(a 3'variance.) Planner: SUZANNE MORGAN
10.BOA 05-1533(STANLEY,290): Submitted by ROB STANLEY for property located at 2776 AND 2756#2 BARCELONA AVENUE. The
property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.57 acres. The request is for a reduced setback to
bring an existing non-conforming structure into compliance. Planner: JESSE FULCHER
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
are open and available for inspection in the office of City Planning(575-8267),125 West Mountain Street,Fayetteville,Arkansas.
All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired me 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 (Chairman)
Michael Green
Robert Kohler
Bob Nickle
Joanne Olzewski
Eric Johnson
H1 BOA Meeting of June 6,2005
-107�
125 W. Mountain St-
ARKANSAS
Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jeremy Pate, Director of Current Planning
DATE: May 31, 2005
BOA 05-1535 (THE GYPSY,484): Submitted by BOB ESTES for property located at 400 W
DICKSON STREET. The property is zoned C-3, CENTRAL COMMERCIAL. The applicant
wishes to appeal the Zoning&Development Administrator's interpretation that the recently
constructed outdoor music stage requires a Conditional Use Permit.
Property Owner: WYMA&C.T. PEARSON
Submitted on behalf of. DORTCH/WARREN Planner.JEREMYPATE
Background:
In August 12, 2004, a complaint was called into the City Building Safety offices that a stage had
been constructed without a permit. Upon investigation by Building Safety and the Fire Marshal's
office, it was determined that the structure had indeed been constructed illegally and furthermore
was not constructed to meet code. The applicant was informed that the stage was in violation of
city ordinances, for it had been constructed without a building permit, not to city code for safety
and fire rating, and was not a use permitted by right in the C-3 zoning district. The applicant has
worked over the past 10 months to meet the building codes of the City of Fayetteville; many
discussions have also been conducted with Planning through various representatives of the
applicant regarding the requirement for a conditional use. These discussions have almost always
indicated staff s support of said conditional use request (see attached letter from Planning stafo.
It is the City Council's policy to encourage outdoor music establishments along Dickson Street
from Block Avenue to Arkansas Avenue as long as such establishments are reasonably
compatible with adjoining neighborhoods.
The Zoning& Development Administrator's interpretation is that a new outdoor music
establishment was facilitated by the construction of a new stage on this property in August of
2004, on which bands perform regularly. The property on which the establishment is located is a
separate parcel, has a separate address, and was utilized for a very different purpose in years past,
which is apparent in the aerial photographs attached. A new outdoor music establishment in the
C-3 zoning district requires a conditional use permit, therefore to resolve the existing violation,
the applicant needs to submit a request for a conditional use before the Planning Commission.
The applicant disagrees with this interpretation and states in the attached letter that because an
outdoor music establishment was operating during May and June of 2002 within the existing
K.WeportsL7005WOA Reports106-06-05180A 05-1535(45�pqy).doc June 6,2005
Board of Adjustment
BOA 05-1535(The Gypsy)
Page 1-1
Gypsy establishment, a conditional use permit should not be required.
Request: The applicant has appealed the interpretation of the Zoning & Development
Administrator with regard to the use of the property located at 400 W. Dickson Street. Staff has
made the following findings in support of the interpretation that the use of the property in
question for an outdoor music establishment constitutes a requirement for a conditional use
permit:
0 Prior to the current use of the site vastly different activities occurred in this location
including a gravel parking lot, loading area for the adjacent establishments, and a
pedestrian pass-thru from Dickson Street to the municipal parking lot(see 2000 aerial
photographs).
ff hiformation provided to staff by the applicant, including flyers for performances,
indicates an outdoor music establishment was indeed established.on the adjacent lot,
addressed as 402 W. Dickson Street,parcel number 765-04373-000. The"Garden Patio"
area was(and still is,to the best of the City's knowledge)utilized for outdoor music prior
to May/June of 2002, as indicated with the adoption of the Outdoor Music Establishment
ordinances, and therefore is exempt from obtaining a conditional use permit.
0 All other outdoor music establishments, according to §163.11, Outdoor Music
Establishments,may be allowed in C-1, C-2, C-3 and C-4 zoning districts as conditional
uses. The adjacent parcel (765-04374-000, 400 W. Dickson) is the property on which the
stage was constructed. It is staff s position that the Outdoor Music Establishment
ordinance does not exempt a property that develops adjacent to another outdoor music
establishment on a separate legal lot of record. Rather,the existing establishment may
remain in place as long as it does not terminate its outdoor music for 12 consecutive
months or longer. A new use,however, requires a conditional use permit to be approved
by the Planning Commission.
a Separate addresses and parcel numbers are assigned to the distinctly different lots in
question, as evidenced by the attached county parcel map and assessment records.
Though the lots are under the same ownership and leased together by the same person,
this does not allow the City of Fayetteville to consider them the same lots of record unless
they are nonconforming. These lots do meet the bulk and area requirements of the C-3
zoning district and are therefore considered separate and distinct lots for the purposes of
zoning and development.
Required Action:
In accordance with Fayetteville UDC §155.06 and A.C.A. §14-56-416, the Board of Adjustment
is asked to consider this appeal and to take one of the following actions:
A)Affirm the interpretation of the Zoning& Development Administrator or
B)Reverse in whole or in part the interpretation of the Zoning&Development Administrator
K.Wepor&120051BOA Repor&106-06-051BOA 05-1535(Gipsy)-doc June 6,2005
Board of Adjustment
BOA 05-1535(The Gypsy)
Page 1.2
From the Fayetteville Unified Development Code(UDC) Chapter 155 Appeals:
§155.06 Appeals From Staff Interpretations/Actions
(B) Ameals to the Board of Adiustment. The following interpretations and decisions
may be appealed to the Board of Adoustment:
(1) Zoning and Development Administrator - Zoning. Any Person aggrieved by an
interpretation or decision of the Zoning and Development Administrator regarding
zoning matters may appeal.
From the Fayetteville Unified Development Code (UDC) Chapter 163 Use Conditions:
163.11 Outdoor Music Establishments
Outdoor music establishments operating during May or June of 2002 may continue to
operate at the same location without this conditional use even if the ownership or name of
the outdoor music establishment changes in the future as long as the establishment does
not terminate its outdoor music for 12 consecutive months or longer. All other outdoor
music establishments shall not be allowed in any zoning district, except C-1, C-2, C-3 and
C-4, where they may be allowed as conditional uses subject to the following additional
conditions:
(A) Site plan. A site plan showing the proposed location and size of the outdoor music
area; location and direction of the speakers;. noise absorbing walls, structures or
devices; proposed days and hours of operation of the outdoor -music area; and
measures proposed to lessen or eliminate any adverse affects upon nearby residences
and businesses.
(B) Planning Commission review. In addition to all normal considerations for a
conditional use, the Planning Commission may require noise reducing measures and
structures be incorporated into an outdoor music area, may limit the size, power,
numberand direction of speakers, and may limitthe hours of outdoor music generation
from the establishment.
(C) Fayetteville noise ordinance violation. If the establishment or any band or any
person operating at such establishment is convicted of violating the Fayetteville noise
ordinance (§96.06 of the Code of Fayetteville), such violation may constitute grounds
for revocation of this conditional use to operate an outdoor music establishment.
(D) Fayetteville entertainment district. The City Council's policy is to encourage outdoor
music establishments along Dickson Street from Block Avenue to Arkansas Avenue
and on West Avenue from Spring Street to Lafayette Street as long as such
establishments are reasonably compatible with adjoining neighborhoods.
K.lRepor&V005180A Repons106-06-05WA 05-1535(Gipsy).doc June 6,2005
Board of Adjustment
BOA 05-1535(The Gypsy)
Page 1.3
'770 TIff,le
I %e Rw 6- -
ARKANSAS
THE CIFY OF FAYETTEVH-LE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNfNG DIVISION CORRESPONDENCE Telephone:(479)575-8267
24 April 2005
Mr. John Dortch
402 W. Dickson St.
Fayetteville, AR 72701
Mr. C.T. Pearson,Jr.
9 North College
Fayetteville, AR 72701
Re: 400 W. Dickson Street—Parcel#765-04374-000
Outdoor Music Establishment
Gentlemen,
City staff has been actively working to resolve a zoning violation on the subject property
regarding the use of a newly constructed stage for an outdoor music venue. We are,fully prepared
to support the outdoor music establishment in this location, in compliance with city:ordinances.
We look forward to working with you in recommending to the Planning Commission that this
use continue in its location by way of a Conditional Use permit, in order to resolve any zoning
violations. The Conditional Use review process is the recommended course of action to facilitate
a timely resolution in this matter, and we are glad to assist you in any way we can. We, too, look
forward to a final resolution to this matter, and hope to reach that before the spring/summer
season kicks into full force.
Last year near this time the Planning Division received a complaint regarding the construction
and use of a new band stand structure functioning as an outdoor music venue located at 400 W.
Dickson Street, Washington County parcel number 765-04374-000. Staff notified the operator of
the violations, for there were multiple: no building permit was issued for the structure, and the
use of the property as an outdoor music establishment was not an approved use- The Building
Safety Director, Steve Cattaneo,has been working with you to finalize all of the drawings
necessary to review the structure for building saf�ty issues. The Planning Director at that time,
Dawn Warrick, had several conversations regarding this use and what it would take to bring it
into compliance with city zoning ordinances. During the past few months, Planning staff has
been speaking with multiple persons regarding this issue, in an effort to resolve the matter in a
K.Ueremy12005 Corrapondenm�Violatiom�(FMMc&F2005
Board of Adjustment
BOA 05-1535(The Gypsy)
Page 1.4
time-efficient manner. The primary point of discussion seems to be the established outdoor music
use on the Gypsy property at 402 W. Dickson, and whether the new stage at 400 W. Dickson falls
into the exemption from conditional use review because of the adjacent established use.
Both the Planning Director before me and I have attempted to be as clear as possible on this
issue. It is our finding—through research of county parcel numbers, addresses, aerial
photographs, and knowledge of the use of the property at 400 W. Dickson as a gravel
parking/loading area prior to last year—that the use proposed, and utilized in violation of city
ordinance to this point, requires a Conditional Use permit. In contrast, an established outdoor
music use at 402 W. Dickson Street(Parcel Number 765-04373-000) exempts this particular
property from obtaining a conditional use permit, for it was an outdoor music establishment prior
to the adoption of the ordinance pertaining to this type of use. This use may continue in the
future, regardless of a name or ownership change,as long as the establishment does not terminate
its outdoor music for 12 consecutive months or longer. The use established on the subject
property prior to the improvements last summer was transitional; it operated as a loading area,
overflow parking and pedestrian cut-through from Dickson Street to the parking area behind.
Actually, it is my understanding that the Planning Division was once approached in
conversations between the adjacent property(Jose's) and the Gypsy regarding a property line
dispute regarding this gravel lot. As of last summer,the use changed. A band stand was
constructed by the Gypsy proprietors, thereby creating a use that was not permitted for this
particular property.
The property in question is zoned C-3, Central Commercial, in which an Outdoor,Music
Establishment is allowed as a conditional use, if approved by the Planning Commission.
Staff is happy to assist you in preparing the necessary documentation in order to.be placed on the
Planning Commission agenda. As I have stated on several occasions, the city'.S,policy is to,
cricourage uses of this type along Dickson Street, as long as such uses are,reasonablycompatible
...with adjoining neighbors. Staff feels that this use meets that requirem I ent,and'Js willing to assist
you or the property owner in any way possible to get to the Planning Commission-for official
recognition and approval of this project.
You are hereby given notice that utilizing the structures located on this lot as an outdoor music
establishment violates City of Fayetteville zoning ordinances. We are also writing to notify you
of the serious nature of participating or condoning in a zoning violation. A violation of the
provisions of this chapter constitutes a misdemeanor. Any person who violates this ordinance or
fails to comply with any of its requirements shall upon conviction thereof be fined not less than
$25.00 and not more than$500.00. Each day such violation continues shall be considered a
separate offense.
The owner or tenant of any building, structure,premises, or part thereof, and any architect,
builder,contractor, agent, or other person who commits,participates in, or maintains such
violation may be found guilty of a separate offense and suffer the penalties provided.
The city may take such other lawful action as is necessary to prevent or remedy this violation.
K.uemmyLoo5 co,,apond��iviolations�djWAc2OO5
Board of Adjustment
BOA 05-1535(The Gypsy)
Page 1.5
An appeal may be filed with the Board of Adjustment if you are aggrieved by an interpretation or
decision regarding this matter. You are hereby given notice to correct this violation within 30
days from receipt of this letter. If the matter is not resolved to the satisfaction of the city at that
time, the City Prosecutor will be asked to take immediate action. If the violation is corrected
prior to the criminal summons being requested, you may contact the Planning Division for an
inspection to verify the violation has been corrected.
Please visit us in the Planning Division, or feel free to contact any of our staff to fill out a
Conditional Use application. It is my opinion that we all have the same goal: to have resolution
on this matter. If you have any questions or comments,please feel free to call the Planning
Division at 479- 5-8267.
e.gly,
4
re C. Pate
t r of C.
tor of Current Planning
Copy: Ms. Lorel Aviles
Mr. Steve Cattaneo, Building Safety Director
MT- Casey Jones, City Prosecutor
Attch:. Ch. 163.11 Outdoor Music Establishments
K.UerenW12005 Corrqpondm�Wio1afions1(4ff#e*2005
Board of Adjustment
BOA 05-1535(The Gypsy)
Page 1.6
ALON(
BACK
to
140 LO k�IL'�,
It
t
p
too
A)P- 2 04,
W114
?Oka
June 6,2111
f Adjast
joardoi menit
I- ibi (The Gypsy)
Page 1.7
kW
0'<t
T"A
np
-' "-F �io"OfTtv,
L-Ar EAAO
�vll I
7,c
MIN -IN
MW
t 1 0
�Al
,.X 55
49
gr�e-,
yvpz
ON
MIA
w
"Ag!"g-SW
n- � �g
C
MOM
-Z� W�
M-
U,
7%
�,E t
'Fit
off, von
4
A! lea
QW
14;
'jM 35,
Oto
Ig
AgQaNg:
LOW R--
U
'-7
J'A
YK
........ ....
OF
ZE
Ulm
�2
z
C)
co
C)
)05
Board of Adjustment
L BO A 65-T533(Fner Gypy)
P-age I.It'
C4 of Fayetteville
113 West Mountain
Fayetteville,AR 72701 Service Request Deta]il
(479)521-7700 Fax(479)57"316
Report Date 06/01/2005 11:40 AM Submitted By Page I
Service# 14633
P m 0;
0
Problem 18DO02 BUILDING WITHOUT PERMIT
Address 1402 W DICKSON ST
6
FAYETTEVILLE AR 72701-
Call Date 08/1212004 09:29 Priority 03 LOW PRIORITY
Duration of Call 00:00
Taken By 816 CATTANEO,STEVEN M, Responsibility DO BUILDING SAFETY #of Calls "if 00 1 00
Source CALLIN
Project
Customer Contact Requested Budget
Schedule (resolved)
Inspect Inspected from 08/13/2004 09:30 AM to 08/1312004 09 30 AM by 816 STEVEN CATTANEO.
...1" 00 0 PM
Resolve
17 esolved Irt.3,024//2005002,.4 PM with code PROSC CASE FORWARDED TO PROSECUTOR. No work orders are required.
Location
Area Sub-Area
District Map
Parcel
Template Type AIP
Asset
7 Name PEARSON DEVELOPMENT INC.
F
First,M] I Title
Address9 N COLLEGE
Y
city FAYETTEVILLE
S Sbu'lp"'.
tate/Provill. AR ZIPIPC 72701
Country L) Foreign Reference#
E-Mail
Day Phone Evening Phone
Call Date
Comments Taken By 816
ta2e constructed without permit
There are no additional callers for this service number
June 6,2005
Board of Adjustment
-BOA 05-1535(The Gypsy)
Page 1.11
City of Fayetteville
113 West Mountain
Fayetteville,AR 72701 Service Request Detail
(479)521-7700 Fax(479)575-8316
Report Date 06/01/2005 11:40 AM Submitted By Page 2
Comments
Visited site with fire marshall. Roger Kelly,one of the owners,came by the office and picked up an application.8113/04 SMC
9/16 Owner of Record: Pearson Development Inc.,9 N.College,Fay 01
10111 application made for permit.SMC
10/13 review denied.called contact on call and left message...SMC
set 11/29 as deadline..if not heard from them again then send letter.SMC
12/6 sent certified violation of OOR..SMC
12127 deadline then to prosecutor.SMC
12/22 Designer came to office to consult about what must be done to bring structure into compliance. Plans to follow ASAP...SMC
1/28105 Say designer and asked about project. She said she had passed plans to contractor but thought there may be planning issues.
3117105 Haven't heard from anyone and neither has planning. Sending to procecutor---SMC
There are no log entries for this service number
My—1 W
Employee ID Scheduled Start Scheduled End Work Description
No resources scheduled.
Equipment ID Scheduled Start Scheduled End Work Description
No resources scheduled.
Vehicle ID Scheduled Start Scheduled End Work Description
No resources scheduled.
June 6,2005
Board of Adjustment
BOA 05-1535(The Gypsy)
Page 1.12
LAW OFFICE OF BoB EsTEs
ONE EAST CENTER STREET, SUITE200, FAYErrEV[LLE, AR 72701-5302
TELEPHONE(479)521-4900
FAX(479)587-0700
emil bobcstcs@a&�mn.nd
May 16, 2005
Ms. Sherce M. Alt
Ms. Joanne Olszewski
Mr. Michael Andrews
Mr. Michael Green
Mr. Eric Johnson
Mr. Robert Kohler
Mr. Robert A. Nickle
Fayetteville Board of Adjustments
113 W. Mountain Street
Fayetteville, AR 72701
Re: Administrative Appeal
John Dortch and J.P. Warren, individually and d/b/a as"The Gypsy"
Dear Members of the Board:
Please accept this letter as a written description on behalf of Messrs. Dortch and Warren
of their Administrative Appeal to the Board of Adjustments.
Your applicants own and operate The Gypsy located at 400 W. Dickson Street. They
appeal from the administrative decision of Mr. Jeremy C. Pate, Director of Current
Planm'n& that a Conditional Use Permit is required for an outdoor music venue. It is
Messrs. Dortch's and Warren's position that because an outdoor music establishment was
operating at this location during May and .June 2002, in accordance with Unified
Development Code 163.11,no conditional use permit is required.
Thank you on behalf of Messrs. Dortch and Warren for your consideration of this matter
before the Fayetteville Board of Adjustments.
With warmest regards.
Yours truly,
BE:11
Enclosure June 6,2005
Board of Adjustment
BOA 05-1535(The Gypsy)
Page 1.13
Mam 20 05 09:58a Thomas Pearson 850-492-8172 P. 1
LAWOMCEOF 808 ESTES Date:(ISM2005 Tme:9:53:24 AM Pa"205
9 North College Avenue
Fayetteville, AR 72701
May 19,2005
Ms. Jan Gambill
Senior Planning Clerk
City of Fayetteville
Planning Division
125 W.Mountain Street
Fayetteville, AR 72701
Re: 400 W. Dickson Street Parcel No.765-04374-000
Dear Ms. Gambill:
With regard to the Administrative Appeal made by Mr.John Dortch and Mr. J.P. Warren,
individually, and d/bfa "Ibe Gypsy," for property located at 400 W. Dickson Strmt,
Parcel No. 765-04374-000,please accept this letter as my statement that Mr. Bob Estes,
Attorney at Law, is authorized to proceed on my behalf and on behalf of Mr. C.T.
Pearson,Jr.,and our lessors, Mr. John Dortch and Mr. J.P. Warren, in the matter of the
Administrative Appeal. Should you have any further questions regarding this matter, you
may contact W. Estes and he will answer your questions.
Sincerely,
4�
ma Pearson
June 6,2005
Board of Adjustment
BOA 05-1535(The Gypsy)
Page 1.14
BOA Meeting of June 6, 2005
TF)ITZP
R
-
V 111%SV
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNTNG DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Andrew Garner, Sr. Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: May 24, 2005
BOA 05-1534 (Risk, 445): Submitted by BOBETTE RISK for property located at 409 Ila
Street. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY 40 UNITS
PER ACRE and contains approximately 0.14 acres. The request is a variance from the
front setback requirement of 25' to 18' (a 7' variance), and from the lot width
requirement of 60' to 50' (a 10' variance) in order accommodate a proposed single family
dwelling and one-car garage on a single lot.
Property Owner: BOBETTE RISK Planner: ANDREW GARNER
RECOMMENDATION:
Staff recommends denial of the requested front setback variance based on the
findings herein.
Staff recommends approval of the requested 10' lot width variance, as shown on the
attached site plan with the following condition(s):
1. One single family home may be permitted on the new lot. Any development
shall comply with all zoning development regulations including building
setbacks.
2. A building permit shall be obtained prior to commencement of any .
construction.
3. All existing structures, easements and utilities shall be located on the site
plan submitted for building permit consideration.
Additional Conditions/Comments:
BOARD Ot ADJUSTMENT ACTION: 0 Approved 0 Denied
Date,: June.6,2006
June 6,2005
Board of Adjustment
BOA 05-1534(Risk)
Page 2.1
BACKGROUND:
Property description: The subject property contains approximately 0.14 acres (50' x
126', 6300 SF) and is located at 409 Ila Street. It is zoned RMF-40, Residential Multi-
Family 40 units per acre, and is an undeveloped lot under the same ownership as the
adjacent lot to the east, on which single family dwelling exists. The front building
setback requirement in this zoning district is 25' and the required lot width is 60'.
Several homes in the immediate project vicinity do not meet required front building
setbacks. This property and the surrounding lots are part of the Wilson's First Addition.
The site is undeveloped and vegetated.
Proposal: As shown in Table 1, the request is for a front building setback and lot width
variance for a new single family dwelling, approximately 1,800 square-feet with a one
car garage. The requested variances would allow an 18' front building setback where a
25' setback is required (a 7' variance), and a 50' lot width where a 60' lot width is
required (a 10' variance).
Table I
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
25' 18' (a 7' variance)
Lot Width 60' 50' (a 10' variance)
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
from Site
-North Single family detached dwellings RSF-4, Residential Single-Family—4 units/acre
South Multi-family attached dwellings RMF-40, Residential Multi-Family—40 units/acre
East Single family detached dwellings RMF-40, Residential Multi-Family—40 units/acre
-West Multi-family attached dwellings RMF-40, Residential Multi-Family—40 units/acre
GENERAL PLAN DESIGNATION: Residential
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
June 6,2005
Board of Adjustment
BOA 05-1534(Risk)
K.TeportsUWWOA ReportsIO6-06-051BOA 05-1534(Risk).doc Page 2.2
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 related to lot width. The
lot is 50' x 126' and meets the minimum lot area requirements for
development of a single family home, as desired by the applicant.
However, the lot was created prior to adoption of current zoning
regulations and not platted with the current requirements for a 60' lot
width. In order to obtain use of the lot for development of a single
family home, a 10' variance is required for lot width.
Special conditions do not exist for this property related to front
building setbacks. Should other single family homes be proposed in
the same district or on the same street, they would be required to
conform to the 25' front setback requirements as does the subject
property. The lot is relatively narrow and long (50' x 126% and does
not appear to have a special condition or circumstance that would
necessitate a variance of the front setback for the proposed home.
There are homes in the vicinity with nonconforming front setbacks;
however these are existing nonconforming structures. To grant a
variance for encroachment of a single family home on this lot would
not be consistent with the intent of the City's zoning regulations to: (1)
prevent and discourage nonconforming uses and structures, and (2)
not encourage other nonconforming structures or uses prohibited
elsewhere in the same district (City of Fayetteville Unified
Development Code Section 164.12).
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 regulationsrelated to lot width would,�
not allow development of a single family home on the subject lot, as
allowed on other properties in the neighborhood of similar lot width.
Thus, literal interpretation of the lot width requirement would
deprive the applicant of rights commonly enjoyed by other properties
in the same district.
Literal interpretation of zoning regulations related to front building
setback would not deprive the applicant of rights enjoyed by other
properties in the same district. The lot is not an unusual shape
compared to other lots in the neighborhood, and has adequate size
(50' x 126') to allow construction of the proposed home with setback
conformance.
June 6,2005
Board of Adjustment
BOA 05-1534(Risk)
KAReports1200ABOA ReportsI06-06-05WOA 05-1534(Risk).doc Page 2.3
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The original lot size is not the result of actions of the applicant. This
lot was created prior to the adoption of the current RMF-40 zoning
district lot regulations.
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 lot width variance will not confer special
privileges. The zoning for the property allows single family use, and
has been utilized for this purpose for many years in the surrounding
area and on lots with similar lot widths. The applicant will not be
granted any special privileges denied to other lands in the same
district. All bulk and area regulations with the exception of lot width
are to be accommodated.
Granting the requested front setback variance would confer special
privileges on the applicant. There is not a special condition or
circumstance that exists �in this case that would be required for a
variance of front building setback other lots in the district in a similar,
condition. Should other single family homes be proposed in the
neighborhood, they would be required to meet front building setback
requirements.
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: Several homes in the immediate vicinity of the proposed project do,
not meet front building setbacks; however, neither these existing
nonconformities, nor other nonconformities were considered as a
basis of the findings stated in this staff report.
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,June 6,2005.
June 6,2005
Board of Adjustment
BOA 05-1534(Risk)
K.WeportA200500A ReportSI06-06-05WOA 05-1534(Risk).doc Page 2.4
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
nummurn variance that will make possible the reasonable use of
the land, building, or structure.
Finding: The requested lot width variance is the minimum variance necessary
to accommodate the proposed structure.
The requested front setback variance is not justified by the reasons set
forth in the application. The applicant can still make reasonable use
of the lot while complying with the required setbacks. There is
adequate space for the applicant to construct the proposed home and
still meet all required setbacks.
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 lot width variance 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.
Granting the front setback variance would not be in harmony with
the general purpose and intent of zoning regulations that prevent
existing nonconforming structures from being used as grounds for
encouraging other new nonconforming structures.
C. Conditions and Safeguards. In granting any variance, the Board
of Adjustment may prescribe appropriate conditions and
safeguards in conformity with the zoning regulatio s.
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 riot permissible under
Zoning in die district involved, or any use expressly or by
implication prohibited by the terms of the zoning regulations in
said district.
Finding: The proposed use is for a single family residence and one-car garage,
a use permitted by right in the RMF-40 zoning district.
June 6,2005
Board of Adjustment
BOA 05-1534(Risk)
K.lRePorISL70051BOA RePortsi06-06-05MA 05-1534(Rzsk).d� Page 2.5
City of Fayetteville Unified Development Code
Section 161.14 District Rmf40,Residential Multi-Family—Forty Units Per Acre
(A) Purpose. The RMF-40 Multi-family Residential District is designated to protect existing high density
multi-family development and to encourage additional development of this type where it is desirable.
(B) Uses.
(1) Permitted uses-
Unit 1 City-wide u es by right
Unit 8 Single-family dwellings
Unit 9 Tm-family d Ilings
Unit 10 Three-family dwellings
Unit26 Multi-family dwellings
(2) Conditional uses.
Unit 2 Ci"de u es by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 24 Home occupation
Unit 25 Professionaf offices
Unit 36 Wireless communications faciffifies
(C) Density.
Units per acre 16 to 40
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
Lot vothin a manufactured home park 50 ft.
Single-family 60 fL
Tm-farmly 60 ft.
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot vothin a manufactured 4,200 sq.ft-
home park
Tomhouses:
Development 10,000 sq-ft.
Individual lot 2,500 sq.ft.
Single-family 6,000 sq-ft-
Tm-family 6,500 sq.ft.
Three or more 8,000 sq.ft-
Fraternity or Sorority 1 acre
(3) Land area per dwelling unit
ired home 3,000 sq.ft. June 6,2005
Board of Adjustment
BOA 05-1534(Risk)
K.*lReporIsl2005lB0A RepomI06-06-05WOA 05-1534(Risk).doc Page 2.6
Tomhouses&apartments
No bedroom 1,000 sq.ft
One bedroom 1,000 sq-ft-
Two or more 1,200 sq.ft.
bedrooms
Fraternity or Sorority 500 sq-ft-per resident
(E) Sethack requirements.
Front Side Rear
25 ft. 8ft. 20 ft.
Cross reference(s)—Variance,Ch.156.
(F) Height regulations- Any building which exceeds the height of 20 feet shall be set back from any side
boundary line an additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area.None.
(Code 1965,App�A.,Art.5([V);Ord-No.2320,4-5-77;Ord.No.2700,2-2-81;Ord-No. 1747,6-29-70;Code 1991,§160.034;Ord.
No-4100,§2(Ex.A),6-16-98;Ord-No.4178,8-31-99)
June 6,2005
Board of Adjustment
BOA 05-1534(Risk)
Page 2.7
K.-IReporeI2005IB0A ReportsI06 06-05iBOA 05-1534(Risk)-doc
May 16, 2005
Attention:
Chairman of Board of Adjustment
I am asking for a 7 ft. variance in order to line this structure up U41 6 Atifighouseson
the block. This variance is to accommodate a one car garage in t1h,0 4c' A am not asking
for any special privilege other than just trying to keep a uniform appearance in the
existing neighborhood.
Thanks for your consideration and look forward to hearing from you.
Sincerely,
June 6,2005
Board of Adjustment
BOA 05-1534(Risk)
Page 2.8
Curb
-pq
wl COMM X
15�
9S
r- 5'
126
04MIC SrALE:
0 to 2D 40
67
2.7`loll
SURVEY DESCRfPTION
One Hundred Tventy-six (126) feet of enual and uniform vidth off June 6,2005
the North end of lot Numbered One (1) in Block Numbered one (1) Board of Adjustment
Of Wilson's First Addition to the City Of rAyetteville, Arkansas, BOA 05-1534(Risk)
as PeTRIat of said Addition on file in the Iffice of the Circuit Page 2.9
Clerk and Ex-Officio Recorder of WashincItOn County, Arkansas.
CA
0 v
.............
Aw I.0
�zi
oc
00.
AV Zi
ej
oc I'log 71M
In
ri
La
4.
BOA05-1534 RISK
One Mile View
RA
�R A"4 4�41
P-1, RSI
W'R W4
RMF-24
L� LF�1� -12 )4 L -5,f
sl�
RSF4
T- v,
'a
lg�I�q �NW40 OUDJEl—T PR(',,PERTY
W4
-4 F4_4
R
RSF4
414"
14.1
L Ss4
RS FA
SF4
ISF4rf
--- -------
Ar
isile, 4p -
ZA�msa
P, is
k
"T
;I qL2
R01�i
Fri
i�-r'Vr, C.Ii JMF
f24
Ai_
7li
7F
— P9
4
ski
P.",., 24
RW-24
RSF4
-24
Nl:
flit
E Tl-
W-24
FuW4
Ovemew Legend Boundary Master Street Plan
------ Subject Property '—i"i Planning Area Master Street Plan
Fos"vey"Ex'nessway
BOA05-1534
Overlay District Principal Merial
Outside City Minor Arienal
Colledor
June 6,2005
0 0 Historic Collector
Board of Adjustment
0 0.1250.25 0.5 0. BOA 05-1534(Risk)
75 11
iles Page 2.11
BOA05-1534
Close Up View RISK
PAP
RSF.4
SUBJECT PROPERTY
4 EM
&P4
T
>
0
MRIIF-40
p
RMF-40
RAYF�40
R 40
Overview
Legend
MMBOA05-1534 �.��Ma,Dntddt �00DWA 500Y�R
Mind.,=Pl.. allealeMinorAde6al — M�R —UMITOFMDY
MasterStne Plan — — c lf,,dal i3aaeLinePmAle
0
Fr---YEV---Y 0000 Hetcrii,WledWr =Fayetteville
=c,,�Ha city June 6,2005
T--- Board of Adjustment
BOA 05-1534(Risk)
0 50 100 200 300 Poo Page 2.12
Feet
n!T i Ti TV T,
Toe 777. T i
UAW
ARKANSAS
BOA Meeting of June 06, 2005
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jesse Fulcher, Associate Planner
THRU: Jeremy Pate, Interim Zoning &Development Administrator
DATE: May 31, 2004
BOA 05-1537 (BELZUNG/CONDREN, 448): Submitted by Richard S. Bagwell for property
located at 1515 Clark St. The property is zoned RSF-4, Residential Single Family and contains
approximately 0.50 acres. The requirement is for a 25' front setback. The request is for a front
setback of 15' (a 10' variance). Planner: Jesse Fulcher
RECOMMENDATION:
Staff recommends approval of the requested front setback variance as shown on the
attached site plan (survey)with the following conditions:
1. Any new development or expansion of the existing structure shall comply with all
other development regulations for a single-family home in the RSF-4 zoning district.
2. The variance shall be granted for the existing footprint of the structure and the
existing walkway which extends from the street to the home. This walkway is
considered a structure because it is greater than 3011 in height.
BOARD OF ADJUSTMENT ACTION: 0 Approved 0 Denied
Date: June 06,2005
BACKGROUND:
Property description: The subject property is located at 1515 Clark St. Currently a single-
family home is located on the property, which is Lot 32 of the Tomlyn Valley View Addition.
The lot consists of approximately 21,748.8 SF, which complies with the minimum allowable lot
area in the RSF-4 zoning district for a single-family home (8,000 SF). Additionally, this lot has
adequate frontage on two streets. The attached survey of the property shows the location and
dimensions of the structure. The existing structure is located 15' from the Master Street Plan,
which would require a 10' variance from the required 25' setback from the right-of-way.
K:\Reports\2005\BOA Reports\06-06-05\130A 05-1537(Belzung).doc June 6,2005
Board of Adjustment
BOA 05-1537(Belzung/Condren)
Page 3.1
Proposal: The applicant requests a variance for a portion of the structure and a walk way that is
located within the front building setback.
Request: The request is for a front setback variance of 10', resulting in a 15' foot setback from
the master street plan right-of-way along the front (north)property line.
Recommendation: Staff s recommendation is for approval of the requested variance for the
structure and walk way as it is currently sited on the lot. The variance will allow the existing
structure to be considered conforming as it is currently located.
Ordinance Requiremen plicant&s Request
Front Setback (south) 1 25' 15' (a 10' variance)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Single family residence RSF-4, Res. single-family, 4 units/acre
South Single family residence — RSF-4, Res. single-family, 4—units/acre
East Single family residence — RSF-4, Res. single-family, 4 units/acre
West Single family residence RSF-4, Res. single-family, 4 units/acre
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: The existing home was built in 1969,prior to the adoption of the City's
current zoning regulations and the Master Street Plan. Additionally, Clark
St. is designated as a Local Street per the MSP, which requires 50' of right-
of-way. Clark St. currently serves as an access to residential properties and
is not intended to serve local traffic.
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
KAReports\2005\B0A Reports\06-06 05\BOA 05-1537(Belzung).d� June 6,2005
Board of Adjustment
BOA 05-1537(Beizung/Condren)
Page 3.2