HomeMy WebLinkAbout2005-08-01 - Agendas M,�701 11
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I 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,August 1,2005,3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of Minutes from the 07-05-05 meeting.
01dBusiness:
1. BOA 05-1498(MASSEY WATERS,LLC,446): Submitted by EARL WATERS for property located at 249 E CLEBURN
STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.45 acres. The request is
for a lot width of 66'(a 4'variance.) Planner: ANDREW GARNER
New Business:
2. BOA 05-1658(BOX,366): Submitted by BEN LESTER for property located at 934 PEACHTREE DRIVE. The property is zoned
RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.03 acres. The request is to approve a reduced front
setback to accomodate an existing non-conforming structure. Planner: JESSE FULCHER
3. BOA 05-1659(ARVEST BANK ATM,521): Submitted by ATTORNEYS AT LAW STOCKLAND&TRANTHAM,P.A.for
property located at 1369 W 6TH STREET,the Spot-Not Carwash lot. The property is zoned C-2,THOROUGHFARE
COMMERCIAL and contains approximately 1.33 acres. The requirement is for a 50'setback. The request is for a 0'setback(a 50'
variance)to accomodate moving the existing ATM box to another location within the property.
Planner: ANDREW GARNER
4. BOA 05-1660(ST.JAMES UNITED METHODIST CHURCH,485): Subinifted by REV. GARY LUNSFORD ST JAMES
METHODIST CHURCH for property located at 5 N WILLOW AVENUE. The property is zoned RMF-24,MULTI FAMILY-24
UNITS/ACRE and contains approximately 0.56 acres. The request is to allow a reduced a side setback and front setbacks on Willow
Avenue and Center Streetto accornodate existing non-conforming structures.
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 we available for all public
hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330.
ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicarit/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 band 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
TX'Ve L re-VIT'll e, BOA Meeting of August 1, 2005
ARKANSA5 125 W_ MOuntaill St.
Fayetteville,AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS Telepbone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Andrew Garner, Sr. Planner
THRU: Jeremy Pate, Current Planning Director
DATE: June 23, 2005
BOA 05-1498(MASSEY-WATERS,446): Submitted by GEOMATIC CONSULTANTS,INC for
property located at 249 CLEBURN. The property is zoned RSF-4, Single Family-4 units/acre and
contains approximately 0.45 acres. The requirement is for a 70'lot width. The request is to allow a
63.42'lot width(a 6.58'variance)to accommodate a non-conforming lot as a result of a proposed lot
split,to allow a 6' side setback(a 2' variance)on the existing nonconforming single family dwelling,
and to allow a 0' side setback(an 8' variance) on the existing nonconforming accessory structure.
Owner: EARL WATERS Planner: ANDREW GARNER
RECOMMENDATION:
Staff recommends approval of the requested 6.58' lot width variance, a 2' side setback
variance, and a 0' side setback variance as shown on the attached site plan with the following
condition(s):
1. One additional single family home may be permitted on the new undeveloped lot. Any
development shall comply with all zoning development regulations.
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.
4. A lot split to create the subject tracts shall be approved by the City of Fayetteville and
recorded at the County prior to issuance of a building permit.
Additional Couditious/Comments:
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2005
ment
BOA 05-1498(Massey-Waters)
Page 1.1
BACKGROUND:
Property description: The subject property is located approximately 200 meters east of College
Avenue on Cleburn Street in central Fayetteville. The property lies within the RSFA zoning district.
The owner proposes that the 0.45-acre lot be split into lots of 0.22 and 0.23 acres (Lots A and 13,
respectively). The proposed Lot A does not have the required lot width of 70'. Lot B contains a
single family dwelling and detached accessory structure that do not have the required side setbacks.
Proposal: As depicted in Table 1,the applicant is requesting: (1)a 6.58' variance for a total 63.42'
frontage for a single family lot (proposed Lot A), rather than the 70' required in the RSF-4 zoning
district to bring the proposed lot into conformity; (2) a 2' variance for a total of 6' side setback for
the existing single family dwelling; and (3) an 8' variance for a total of 0' side setback for the
existing detached accessory structure to bring the existing nonconforming lot into conformity.
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
63.42' (a 6.58'
Lot Width 70' variance)
Side Setback (single family dwelling) 8' 6' (a 2' variance)
Side Setback(detached accessory structure) 8' 0' (an 8' variance)
SURROUNDING LAND USE AND ZONING:
Direction from Land Use Zoning
site
North Single family residences RSF-4, Single-Family Residential - 4 units/acre
-South Single-family residences RSF-4, Single-Family Residential -4 units/acre
East Single family reside ces RSF-4, Single-Family Residential -4 units/acre
West Single family residences RSF-4, Single-Family Residential - 4 units/acre
GENERAL PLAN DESIGNATION: Residential
K_�Reporls12005BOA Repore;108-01-0500A 05-1498(Massey Waters,LLQ.doc August 01,2005
Board of Adjustment
BOA 05-1498(Massey-Waters)
Page 1.2
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: Special conditions do exist for this property that are not applicable to other
lands in the same district. The subject property is a relatively large lot for the
neighborhood and RSF-4 district(0.45 acre), and the applicant desires to split
the lot. However due to the existing lot being created and developed for single
family use prior to the adoption of the current zoning regulations, it was not
planned to be split in conformance with lot width requirements, and the side
setbacks for the existing single family dwelling and accessory structure are not
in conformance.
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 allow creation of the new
proposed Lot A. However,the width of Lot A(63.42 feet)is consistent with the
size of most lots on the street and in the surrounding neighborhood. The
adjacent lot to the east is approximately 50' wide,the adjacent lot to the west is
approximately 90'wide,the adjacent lot to the south is approximately 58'wide,
and three lots immediately north of the site on the other side of Cleburn Street
are all approximately 60' wide. Creating a new 63' wide single family lot, as
desired by the applicant, will not result in an adverse change in community
character or aesthetic streetscape of the neighborhood. Any development on the
proposed Lot A will conform to all required setbacks within the RSF-4 zoning
district. Granting a variance for the existing nonconforming side setbacks of
the single family home and accessory structure on the new Lot B is an
administrative item to bring the lot into conformance.
KlReportsI20051BOA ReportsIO8-01-051BOA 05-1498(M�sey-Wafers,LIQ.doc August 01,2005
Board of Adjustment
BOA 05-1498(Massey-Waters)
Page 1.3
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 without compliance to the RSF-4 zoning district prior to ownership by
the applicant.
4. No Special Privileges. That granting the variance requested will not confer on the
applicant any special privilege that is denied by Zoning, Chapters 160-165, to other
lands, structures, or buildings in the same district.
Finding: Granting the requested lot width variance will not confer special privileges. The
property is zoned for single family use, and has been utilized for this purpose
for many years. 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 with the new proposed lot. The
variance to allow the existing nonconforming side setbacks is an administrative
item and is not a special privilege granted to the applicant.
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.
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 Tuesday, July 5,2005.
K.�Report0200500A ReporLO08-01-051ROA 05-1498(M�sey-Waters,LLQ.doc August 01,2005
Board of Adjustment
BOA 05-1498(Massey-Waters)
Page 1.4
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 minimum variance
that will make possible the reasonable use of the land, building, or
structure.
Finding: The requested lot width and side setback variances are the minimum variances
necessary to accommodate the proposed lot and existing structures.
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 be in harmony with the general purpose and intent of
zoning regulations and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
C. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations.
Finding: Staff has reconunended conditions for this request which are stated on page one
of this report.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under Zoning
in the district involved, or any use expressly or by implication prohibited
by the terms of the zoning regulations in said district.
Finding: The proposed use is a single family residence, a use permitted by right in the
RSF-4 zoning districts.
K--tReponst2005180,4 ReporaI08 01-05tBOA 05-1498(M�sey-Walers,LLC).doe August 01,2005
Board of Adjustment
BOA 05-1498(Massey-Waters)
Page 1.5
City of Fayetteville Unified Development Code
161.07 District Rsf-4,Residential Single-Family—Four Units Per Acre
(A) Purpose. The RSFA Residential District is des igned to permit and encourage the development of low density
detached dwellings in suitable environments,as well as to protect existing development of these types.
(13) Uses-
(1) Permitted uses.
Unit I City-wide uses by right
Unit 8 Single-family dwelling
(2) Conditional uses.
Unit 2 de uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two-familv dwellings
Unit 2�__-Home—occupations
Unit 36 Wireless corrummications facilities
(C) Density-
Single-family Two-farmly
�s
dwellings dwelling
Units per acre 4 or less 7 or less ily
3 Ks
(D) Bulk and area regulations.
Single-family Two-family
dwellings dwellings
Lot minimum 70 ft. 80 ft.
width
Lot area minimum 8,000 sq. ft, 12,000 sq.
Land area per 8,000 sq-ft. 6,000 sq.ft.
dwelling unit
(E) Setback requirements-
Front Side Rear.
20 ft
(F) Height- None.
(G) Building area- On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot.
K-'�RePotW20051BOA ReporfsI08-01-0500A 05-1498(Massey-Waters,LLQ.doc August 01,2005
Board of Adjustment
BOA 05-1498(Massey-Waters)
Page 1.6
EARL WATERS,
................. ............................. .................. ......... ...... ..........................
July 5,20013
To: Chair of the,Board ofAdjuMnant I s,
I am applying for a lot Split of the property located at 249 E.Cleburn,Fayetteville.I purchased
the house to do a rehabof the home for resale. The lot that fhe�housc sits�onhas a sizable atp:athat
is vacant, Since it is sepea ted front the ho
use and yard by a driveway it ish,t'Useffil to this'lionse.
TWhoase-bas.a yard-and&rge��arkiaj area in the bac�Sincejite heiglawbood is goingt4m a
rebatihilitatimi i would Me to split the-lot so as to allow a new si4e family home tobe built
mereasc the beauty and value of the neigh or!
veraff this would b mod,The-Zarrent lot has 1,34Wof
frontage To Split this lot would requite th&vacant'lot ti�have 66iL offroiftge T d I
�bis ul gave
-nde.
Plen0off00mtQbLd 011ml-Therelonelam-Z", ,g btav4hance.,.
Since most lots on this street were divided before the present ordinance there was no
to�sm. Most lots do not h4vt the offromage
foictlibugh
7OfL now required_Had this been done
in a newer neighWfhood I am sm the size would not be an issue-
I havemot changed any structureg or driveways to make this split The survey showing the
new lot fines follow the oxmisting boarder of the drivew4y.1.am i asUng for that line to
simply
become thenew property line.
This is the only empty lot on this streeL No other property on this street has,morn to be sipit I
am not aslang you to grant me a variance that no other property owner would be allowed to do.
This is the last uudev�lopcd lot 14A This would allow a new home to be built that wouldbenefit
all property owners by increased property values and help revitalize the neighborhood.
Sincerely, COX\
Signature
August 01,2005
Board of Adjustment
BOA 05-1498(Massey-Waters)
Page 1.7
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BOA Meeting of August 01,2005
L!T 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: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: July 25, 2005
BOA 05-1658 (BOX/LESTER, 366): Submitted by BEN LESTER for property located at 934
PEACHTREE DRIVE. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE. The
request is to allow a reduced front and rear setback for a town home that was constructed within the
required setbacks.
Planner: JESSE FULCHER
RECOMMENDATION:
Staff recommends approval of the requested front and rear setback variances as shown on the
attached drawing with the following conditions:
1. Future alterations or additions to the existing structure shall meet required building
setback regulations, unless otherwise approved by the Board of Adjustments.
Furthermore, alterations or additions shall not further encroach into the utility
easement without first vacating all or part of said easement.
2. All required permits shall be granted prior to any construction or repair of the
existing structures.
Additional Conditions/Comments:
,The,"CONDITIONS OF-AkkOVAO?iisted in'this reportire 2qe�in't'Dtal-Withouuex
j - a
6of ihisyariance.
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Name:- -Date:
K.h7eporut?005WA Reporu108-01-05180A 05-1658(Box Lester).doc August 01,2005
Board of Adjustment
BOA 05-1658(Box/Lester)
Page 2.1
01
MAN - -T—:
JON-
BACKGROUND:
Property Description: The subject property was built in 2001 and is located at 934 Peachtree Dr.,
west of Leverett Ave. and zoned RMF-40. The town home was permitted with a 25' front setback
and a 20' rear setback/utility easement. It appears that the builder constructed the structure over the
setback lines.
Proposal: The applicant requests a variance from the front setback requirement of 25' and from the
rear setback requirement of 20' for the purpose of bringing a nonconforming structure into
compliance,so that the property owners can sell the property. The town home currently encroaches
into the front setback 2' and the rear setback 1'.
Request: The request is for a front setback of 23' (a 2' variance) and a rear setback 19' (a V
variance).
Table I
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Front Setback (south) 25' 23' (a 2' variance)
Rear Setback(north) 20' 19' (a I' variance)
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
from Site
North Single Family Residence RMF-24,Multi-Family Res.,24 units/acre
South Multi Family Residences RMF-24,Multi-Family Res.,24 units/acre
East Multi Family Residences RMF-24,Multi-Family Res.,24 units/acre
West Multi Family Residences RMF-24,Multi-Family Res.,24 units/acre
GENERAL PLAN DESIGNATION: Residential
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:
K--�Rqports12005WA ReporrsW8 01-0500A 054658(Box_L�ter)-doc August 01,2005
Board of Adjustment
BOA 05-1658(Box/Lester)
Page 2.2
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: Special conditions do exist for this property,which are not applicable to other
lands in the same district.The builder at the time of construction was aware of
the setback requirements; however a mistake was made in locating the home
and subsequently the home encroaches a minimal distance into the building
setbacks.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations
would deprive the applicant of rights commonly enjoyed by other properties in the
same district under the terms of the zoning regulations-
Finding: Literal interpretation of zoning regulations would deprive the applicant of
rights that are commonly enjoyed by other properties in the same district. If the
variance isn't granted, the current owner will have difficulty selling the
property, because the owner must disclose the findings of the provided survey.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: Special conditions or circumstances are not the result of the actions of applicant.
The site plan submitted for a building permit shows the location of the home
meeting all setback requirements. The special conditions that exist for this
property are the result of a miscalculation of the setback distances by the
original builder of the home.
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 and side setback variances will not confer special
privileges on the applicant.
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.
Section 156.02 C. Consideration by the Board of Adjustment.
KIRepomL7005WA ReportsIO8-01-051BOA 05-1658(Box_Les1er).dDc August 01,2005
Board of Adjustment
BOA 05-1658(Box/Lester)
Page 2.3
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,August 01, 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 and rear setback variances are the minimum variances
necessary to accommodate the existing structures on the subject property.
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 be in harmony with the general purpose and intent of
zoning regulations, and will not be injurious to the neighborhood.
C. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations-
Finding: Staff has recommended conditions for this request which are stated on page one
of this report.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under Zoning
in the district involved, or any use expressly or by implication prohibited
by the terms of the zoning regulations in said district.
Finding: The use is permitted in the zoning district.
K.lRepotts120051BOA ReporuIO8-01-0500A 05-1658(Box L�fer)-doc August 01,2005
Board of Adjustment
BOA 05-1658(Box/Lester)
Page 2.4
161.14 District Rmf-40,Residential Multi-Family–Forty Units Per Acre
(A) Purpose. The RMF40 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-wi e uses by night
Unit 8 Sinqle-family dwellings
Unit9 _ Two-family dwellings
Unit 10 Three-family dwellings
Unit 26 Mulfi-family dwellinqs
(2) Conditional uses.
Unit 2 _ City-wide ses by conditional use permit
Unit 3 _ Public protection an tifility facilities
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 24_ Home occupation
Unit25 Professional offices
Unit 36 Wireless communications facilities
(C) Density-
units eer acre ___LL6 to 40
(D) Bulk and area regulations-
(1) Lot width minimum.
Manufactured home ark 100 ft.
Lot within a manufactured home park 50 ft.
Sin2le-farmly 60 ft.
Two-family 60 ft.
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured 4,200 sq-ft.
home 2ark
Townhouses:
Development 10,000 sq.ft.
Individual lot 2,500 sg.ft.
Single-family 6,000 Scl-ft.
Two-family 6,500 sq.ft.
Three or more 8,000 sq.ft-
Fraternity or Sorority 1 acre
(3) Land area per dwelling unit.
Manufactured home ::�3000 s -�ft
K.-tReports12005TOA Repor8108-01-05WOA 05-1658(Boxjester).doc August 01,2005
Board of Adjustment
BOA 05-1658(Box/Lester)
Page 2.5
Tomhouses&apartments
No bedroom 1,000 sq.ft
One bedroom 1,000 sq-ft-
Two or more 1,200 sq.ft-
bedrooms
Fratend� 500 sq-ft.per resident
(E) Setback requirements.
Front Side Rear
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(IV);Or&No.2320,4-5-77;Ord.No.2700,2-2-8 1;Ord.No. 1747,6-29-70;Code 199 1,§160.034;Ord.No.4100,§2
(Ex.A),6-16-98;Ord.No.4178,8-31-99)
K-Reperts1200500,4 ReoorisIOS 01-051BOA 05-1658(Box Lester).doc August 01,2005
Board of Adjustment
BOA 05-1658(Box/Lester)
Page 2.6
PLAT OF SUR'liftY
for
JERRY W. &MARIANNA B.
BOX
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LOT 3B LEGAL DESCRIPTION
BLOCK A
Lot 3B of Block A in the Georgian
934 PEACHTREE DR. Place Subdivision, City of Fayetteville
FAYETTEVILLE,AR. Arkansas, as per plat of said
Subdivision on file in the Office of the
Circuit Clerk and Ex-Officio Recorder,
Washington County,Arkansas.
2STORYTOWNHOUSE
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0
FLOOD CERTIFICATION: The
herein described tract is in a
non-flooded area and not
within the 100 year flood
plain. Per FIfW Map No.
05WC 008400,dated 7121199.
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SURVEYOR7S CERTIFICATION: I hereby
certify that I have surveyed the herein
PEACHTRFE DR. described tract and that the property
lines and comer monuments am, to the
(aphalt) best of my knowledge and ability,
z correctly established as shown.Also,any
easements andfor encroachments
reveat a by are shown
hereon.
WILLIAMIC.JENKINS PL No.688 AR
2ust 01,2005
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Overview Legend Boundary Master Street Plan
Subject Property Planning Area Master Street Plan
BOAOS-1658 Q, Freeway/Expressway
Overlay District tttassa Prinapal Arterial
Outside City MinorAnerial
C01les0l
August 01,2005
0 0. 1 31MI 2 5 0.5 0.*�i nC .11�.r Board of Adjustment
-1658(Box/Lester)
SOL_= M i fdA 05
S Page 2.9
BOA Meeting of August 1, 2005
125 W. Mountain St.
Fayetteville,AR 72701
7T
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
,DATE: June 23, 2004
BOA 05-1659 (ARVEST, 522): Submitted by CHARLES TRANTHAM for property located at
1369 WEST 6 TH STREET. The property is zoned C-,2, THOROUGHFARE COMMERCIAL and
contains approximately 1.33 acre. The requirement is for a 50' front setback. The request is for a 0'
setback(a 50' variance).
Property Owner: ARVEST BANK AND SPOT-NOT CARWASH
Planner: ANDREW GARNER
RECOMMENDATION:
Staff recommends denial of the requested 50-foot front setback variance,either alternative,as
described herein. However, staff would recommend approval of a variance to relocate the
ATM structure on the site outside the Master Street Plan right-of-way,and within the building
setback.
Additional Conditions/Comments:
p AWN
H--
l$OF APPROVAL"listed in this report are ecepied, without exce -0oubkAttie
a rovid"of, is-variAnce.
NJ,
_R
K*TeporfsI200500A ReporaW OI-05TOA 05-1659(Arv�t).doc August 01,2005
Board of Adjustment
BOA 05-1659(Arvest)
Page 3.1
BACKGROUND:
Property Description: The subject property is located at 1369 West 6 1h Street (the intersection of
Razorback Road and 6 1h Street). This lot contains the Spot-Not Car Wash along with an Arvest Bank
Automated Teller Machine(ATM)on the western side of the lot adjacent to Razorback Road. The
ATM is currently on the eastern edge of the greenspace between the parking lot and Razorback
Road, with no setback from the property line, and within the Master Street Plan right-of-way for
Razorback Road.
Background: The City of Fayetteville is planning to widen Razorback Road in the next few months
south of 6th Street, extending the roadway into the Spot-Not parking lot and forcing the removal of
the ATM.
Proposal: Arvest Bank proposes to move the ATM to another location on the same property, to a
position just northeast of its current location, along 6th Street. This new proposed position is
approximately nine feet south of the existing 6th Street right-of-way, and is proposed within the
Master Street Plan right-of-way for 6ffi Street. As depicted in Table 1, with this proposal the
applicant is requesting a 50' front setback variance for a total 0' setback to accommodate the
relocated ATM. The ATM is over 30" in height and subject to all setback requirements.
Table I
Variance Request
Variance Issue _���Ordivance Requirement Applicant's Request
0' (a 50' variance)
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
from Site
North University of Arkansas C-2, Thoroughfare Commercial
South Undeveloped, wooded land R-0,Residential Office
East Sonic Drive-In Restaurant C-2, Thoroughfare Commercial
West E-Z Mart, Shell Gas Station C-2, Thoroughfare Commercial
GENERAL PLAN DESIGNATION: Residential
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:
K.-V?epora120051B0A ReportsW-01-051BOA 05 1659(A"esl).doc August 01,2005
Board of Adjustment
BOA 05-1659(Arvest)
Page 3.2
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: The City plans to widen Razorback Road in the near future requiring the ATM
to be moved from its current location. A drive-up, stand-alone ATM must be
placed in an area apart from the main structure so as to allow for appropriate
vehicle access. The future widening of Razorback Road and the business nature
of a stand-alone ATM are special conditions on the site. However, the City of
Fayetteville Unified Development Code Section(UDC)166.18 prohibits locating
a structure within a Master Street Plan right-of-way - as proposed by the
applicant in this request. Further, UDC Section 164.12 states that existing
nonconformities(the existing nonconforming ATM location in this case)should
not be used as grounds for continuing or encouraging a nonconforming use.
Per UDC requirements,staff cannot recommend locating the structure within a
Master Street Plan right-of-way. Staff finds that conditions on the site do not
justify granting the variance as proposed by the applicant. The ATM could be
located outside the Master Street Plan right-of-way on the site or on another site
in compliance with regulations. Staff would recommend approval of a variance
for relocating the structure outside the Master Street Plan right-of-way within
the building setback as a reduction of an existing nonconforming use. Itshould
be noted that the Board ofAdjustment does not have authority to grant a variance
to locate a structure in the Master Street Plan right-of-way. The City Council
would have to approve such a request
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 require relocating the ATM
50' from the edge of the Master Street Plan right-of-way as it traverses the
property, which would put the ATM in the middle of the Spot-Not Car Wash
parking lot. Literal interpretation of the setback ordinance and implementation
of the City Master Street Plan right-of-way would deprive Arvest Bank of the
right to operate the ATM portion of their business in the proposed locations.
However, this is not considered a deprivation of rights of the applicant
commonly enjoyed by other properties in the district. Other properties are also
required to locate structures outside of the Master Street Plan right-of-way,and
outside building setbacks. The applicant has the right to locate the ATM
machine in other locations on the property in compliance with setback
requirements, and has the right to locate the ATM machine on another site in
the C-2 Zoning District.
K.IReportsI20051BOA ReportsIO8 01-051BOA 05-1659(Arvesi)-doc August 01,2005
Board of Adjustment
BOA 05-1659(Arvest)
Page 3.3
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant-
Finding: The circumstances requiring the ATM machine to be moved are a result of-(1)
the City's planned widening of Razorback Road;and(2)a result of Arvest Bank
originally locating the existing ATM machine within the existing Master Street
Plan right-of-way of Razorback Road. The proposed ATM relocation options
have been chosen by the applicant within the Master Street Plan right-of-way.
The circumstances requiring a variance to allow the ATM within the right-of-
way, with no setback, are largely a result of the applicant.
4. No Special Privileges. That granting the variance requested will not confer on the
applicant any special privilege that is denied by Zoning, Chapters 160-165, to other
lands, structures, or buildings in the same district.
Finding: Granting the requested front setback variance would confer special privileges
on this property. It would allow Arvest Bank to install a new structure within
the right-of-way of Razorback Road,and would allow a new structure with no
setback from the front property line. This would be a special privilege that is
denied by Zoning, Chapters 160-165.
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.
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday, August 1, 2005.
3. Findings. The Board of Adjustment shall make the following findings:
K�Repora12005WA ReporLY108-01-0500A 05-16-59(A"est)-doc August 01,2005
Board of Adjustment
BOA 05-1659(Arvest)
Page 3.4
a. Minimum Variance. That the reasons set forth in the applicationjustify 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: As discussed throughout this report, staff is recommending denial of the
requested variance, and does not find that the reasons set forth in the
application justify granting the variance. However, staff is recommending
approval of a variance to relocate the ATM outside the Master Street Plan
right-of-way and within the building setback in a location at the discretion of
the applicant.
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 wiR not be in harmony with the general purpose and
intent of zoning regulations, and be injurious to the neighborhood. Section
166.18 of the Uniform Development Code specifies that any new structure be
prohibited within the right-of-way. Further,the proposed ATM location would
not provide any front setback,when 50'is required pursuant to Section 161.17.
C. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations.
Finding: Staff has recommended denial of the proposed variance as discussed throughout
this report.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use no t permissible under Zoning
in the district involved, or any use expressly or by implication prohibited
by the terms of the zoning regulations in said district.
Finding: The existing structure is an ATM bank machine,a use permitted by right in the
C-2 zoning district.
K.IReportsI20051BOA ReportsI08-01-05WA 05-1659(A"esi).doc August 01,2005
Board of Adjustment
BOA 05-1659(Arvest)
Page 3.5
City of Fayetteville Unified Development Code
Section 161.17 District C-2,Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional
grouping of these commercial enterprises catering primarily to highway travelers-
(B) uses.
(1) Per�noted uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 12 Offices,studios and related services
Unit 13 Eating places
Unit 14 Hotel,motel,and amusement facilities
Unit 15 Neighborhood s opping goods
Unit 16 Shopping goods
Unit 17 Trades and services
n t asoline s wice stations&drive4n restaurants
Unit 19 Commercial recreation,small sites
Unit 20 1 Commercial recreation,large sites
On
n:t 3,3
I �dultlns entetainment dub or bar
m_
U L'q' tore
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilifies
Unit 21 Warehousing and wholesale
Unit 28 Center for collecring recyclable materials
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless wirmunications facilifies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front 50 ft.
Side None
Si
11 Ri
(F) Height regulations- In District C-2 any building which exceeds the height of 20 feet shall be set back
from any boundary line of any residential district a distance of one foot for each foot of height in excess of
20 feet. No building shall exceed six stories or 75 feet in height.
(G) Building area. On any lot,the area occupied by all buildings shall not exceed 60%of the total area of
such lot.
(Code 1965,App.A.,Art.5(VI);Ord.No.1833,11-1-71;Ord.No.2351,6-2-77;Ord.No.2603,2-19-80;Ord.No.1747,6-29-70;Code
1991,§160036;Ord.No.4034,§3,4,4-15-97;Ord.No-4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99)
K.lfteporisl.2005WA Reporislt)8-01-051BOA 05-1659(A"eso.doc August 01,2005
Board of Adjustment
BOA 05-1659(Arvest)
Page 3.6