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Home My WebLink About2005-10-04 - Agendas T 4' alye 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 TUESDAY, October 4,2005, 3:45 p.m. Room 326, City Administration Building The following items will be considered: Approval of minutes from August 1,2005 meeting. New Business: 1. BOA 05-1730 (SOUTH FAYETTEVILLE DEVELOPMENT,563): Submitted by MANUEL L. JONES for property located at 1049 S WASHINGTON AVENUE. The property is and contains approximately 0.172 acres. The request is for a reduced lot width to accornodate an existing non-conforming lot. The requirement for a single family home to be constructed in this zoning district is a 60' lot width. The request is for a 50' lot width (a 10'variance.) Planner: Jesse Fulcher 2. BOA 05-1757 (CONOCO STATION,405): Submitted by ENGINEERING SERVICES, INC for property located at 1130 NORTH GARLAND AVENUE. The property is zoned C-1,NEIGHBORHOOD COMMERCIAL and contains approximately 0.12 acres. The request is for reduced building setbacks to bring an existing nonconforming gasoline service station/convenience store into compliance. Property Owner:JOL Enterprises,Inc. Planner: Andrew Garner 3. BOA 05-1758(BENEFIELD,485): Submitted by MATT CHAMPAGNE for property located at 217 E SUTTON STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.29 acres. The request is for reduced side and rear setbacks to allow a proposed covered patio to be constructed. Planner: Suzanne Morgan 4. BOA 05-1759 (BRASEL,283): Submitted by CLAY MORTON for property located at 2415 WATER OAK DRIVE. The property is zoned RSF-4, SINGLE FAMILY—4 UNITS PER ACRE and contains 0.29 acres. The request is for a 15.5' front setback(a 9.5' variance.) Planner: Andrew Garner All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(479-575-8267), 125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330. BOA Meeting of October 04, 2005 —1 125 W. Mountain St. 7rq� Fayetteville,AR 72701 Telepbone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Jesse Fulcher, Associate Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 28, 2005 BOA 05-1730 (South Fayetteville CDC,563): Submitted by Manuel L.Jones for property located at 1049 S. Washington Ave. The property is zoned RMF-24, Residential Multi Family-24 Units/Acre. The requirement is for a 60' lot width minimum. The request is for a 50' lot width(a 10' variance). Property Owner: SOUTH FAYETTEVILLE COMMUNITY DEVELOPMENT CORP. Planner: JESSE FULCHER RECOMMENDATION: Staff recommends approval of the requested 10' lot width variance with the following conditions: 1. Future alterations or additions to the proposed structure shall meet required building setback regulations, unless otherwise approved by the Board of Adjustments. 2. A building permit will be required prior to the removal of the existing structure and prior to construction of the proposed structure. 3. 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. Additional Conditions/Comments: .............. ON- -'n g _G'NoN ="'AM --g 57 2- ,The N�CONDITJQNS 0FAP edjn,th��,repojr�are aecepted,injotalwithout' tion:b PXCCP --'I.'Y� e., —enoty, rov4-44w"�iii"e _�gqngsting:4pp! -R' ............- a N� "P, ........... Q r ju tment etteville) -I %IVA''I" Agenda Item 1 Page 1 of 12 BACKGROUND: Property Description: The subject property is located at 1049 S.Washington Ave. There is no data available to determine when the existing single family home was built,but other homes on the street date back as far as the 1930's. The property consists of Lots 35 and 36 of Glenn Wood Park Addition- The lots in this area are 25' wide, so many of the homes were built across lot lines, resulting in 50' wide lots. Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request Lot Width 60' 50' (a 10' variance) SURROUNDING LAND USE AND ZONING Direction Land Use Zoning from Site North Single family residence RMF-24, Residential Multi-Family, 24 Units per Acre South Single family residence RMF-24, Residential Multi-Family, 24 Units per Acre East Single family residence RMF-24, Residential Multi-Family,24 Units per Acre West Single family residence RMF-24, Residential Multi-Family, 24 Units per 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: 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: There are special conditions or circumstances that exist for most lots in this area. The lots in this subdivision were platted sometime between 1920-1940, long before the current zoning regulations,with lot widths of 25'. The homes on S.Washington have been built across lot lines to achieve an adequate building area, but they still are only 50' wide. 2. Deprivation of Rights. That literal interpretation of the provisions ofthe zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. October 4,2005 Board of Adjustment BOA 05-1730(South Fayetteville) Agenda Item 1 Page 2 of 12 Finding: Literal interpretation of zoning regulations would not allow for the construction of any new structure on this lot. Literal interpretation of zoning regulations would deprive the applicant of rights enjoyed by the other properties, which developed prior to the current regulations. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The original layout of the subject lots were platted in the distant past prior to zoning regulations and prior to the current ownership. Therefore the special conditions on the site requiring a variance are not the 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 lot width variance will not confer special privileges on this property. The lots in this subdivision were platted prior to the current regulations. 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, October 4, 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. October 4,2005 Board of Adjustment BOA 05-1730(South Fayetteville) Agenda Item 1 Page 3 of 12 Finding: The requested lot width variance is the minimum variance necessary to accommodate any new structure. b. Harmony with General Purpose. The Board of Adjustment shall farther 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. Almost all of the homes in this subdivision are located on 50'wide lots. Since the subdivision was platted with only 25' wide lots, the homes were located across lot tines, creating 50' wide lots. 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 existing structure and the proposed structure is a single family home,a use permitted by right in the RMF-24 zoning district. October 4,2005 Board of Adjustment BOA 05-1730(South Fayetteville) Agenda Item 1 Page 4 of 12 161.13 District Rmf-24,Residential Multi-Family—Twenty-Four Units Per Acre (A) Purpose- The RMF-24 Multi-family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses, (1) Permitted uses. Unit 1 City-wide uses by right Unit 8_ Single-family dwellings Unit 9_ Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-family dwellings (2) Conditional uses. Unit2_ City-wide uses by conditional use permit Unit 3 Public protection and ublity facilities Unit4 Cultural and recreational facilities Unit1l Manufactured home park Unit 25 Professional offices Unit24 Home occupations Unil:36 Wireless communications facilities (C) Density. Units per acre 4 to 24 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a Manufactured 50 ft. home park Single-family 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 mobile home park 4,200 sq.ft. Townhouses: -Development 10,000 sq.ft. -individual lot 2,500 sq.ft. Single-family 6,000 sq.ft- Two-family 7,000 sq.ft. Three or more 9,000 sq.ft. Fraternity or sorority 2 acres LProfessional offices 1 acres October 4,2005 Board of Adjustment BOA 05-1730(South Fayetteville) Agenda Item 1 Page 5 of 12 (3) Land area per dwelling unit. Manufactured home 3,000 sq.ft. Apartments: *No bedroom 1,700 sq-ft. -One bedroom 1,700 sq.ft. -Two bedroom 2,000 sq-ft. Fraternity or Sorority 1,000 sq.ft.per resident (E) Setback requirements. Front Side Rear 25 ft. 1 8 ft. 25 ft. Cross reference(s)—Variance,Ch.156. (F) Height regulations. Any building which exceeds the height of 20 feet shall beset 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(111);Ord.No.2320,4-6-77;Ord.No.2700,2-2-81;Code 1991,§160.033;Ord,No.4100,§2(Ex.A),6-16-98;Ord. No.4178,8-31-99) October 4,2005 Board of Adjustment BOA 05-1730(South Fayetteville) Agenda Item 1 Page 6 of 12 1 �v 2 m 026 19 N N —9 0 , A 0 20 13 a�nc),l �Ll _fj 2 > 13 VON 54-` 3 54 0" 4 4 3 53 61 1 1 5 52 6 51 27 50JF3T_ 50 k .5 -- C 4 9 8 49 OCK _t_ 'I 11 lo _#6 .4.6_�41' N 12 45 12 N 13 44 13 14 �ID 4 18 16 N 41 40 _179, —A I- 39 -t4- 18 6 g39 18 4! 8 7_4t�' �20 3 �O 37 36 36 35 24 26 25 _b -632 ' IF N C* I" lb 31 26 '0 N to log;, 27 N I 1 36! 30 130, if - 28 29 g 1 102 28 t �jv). I i it ) �D SA Lk 10 A' ;lc� 4400 A i 140 1 _140,, 0 4 ej6 e t Bo Id 1-bo 3 1 ��A 05 Ytt 11 ) "'W ., Bi o c k. ck I endh It I L-f t, I El _U6 ��4 - i I Lm� SOUTH FAYETTEVILLE COMMUNITY DEVELOPMENT it COPPOPATION MCDC) 510 E. Huntsville R4., F2iyetteville,AR 72701 PH: 501-527-9301; FX;501527-9372 September 9, 2005 Chair of the Board of Adjustment City of Fayetteville 113 Mountain Fayetteville, AR 72701 Subject: Variance Request(Criteria(required by ordinance) Dear Sir or Madam: South Fayetteville Community Development Corporation (SFCDC) has authorized Manuel L. Jones its executive director to seek a variance(see attached board resolution)to construct a single-family dwelling of approximately 1500 square feet at the following location: Physical Address: 1049 South Washington, Fayetteville,AR 4Wgial Description: Lots Numbered Thirty-five(35)and Thirty-six(36), Block Two(2)in Gldnwood Addition to the City of Fayetteville,Arkansas A. Special conditions and circumstances-exist which are peculiar to the land in that the property is only 50' in width and minimum current ordinance width is 70'. However adjacent properties are also only 50' in width with homes constructed on them. B. The literal interpretation of the provisions of this ordinance would deprive SFCDC of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. Homes have been constructed on lots of similar width and variances have been granted to construct single family homes. C. SFCDC did not cause these special conditions and circumstances of the subject property, the lot width was 50'when SFCDC purchased it. D. Granting of the variance request will not confer on SFCDC the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. Because the home next door is on a 50' lot and most of the lots in the district is only 50' in width. Thank you very much and if you have any questions please feel free to call Manuel Jones at 501- 412-3685. Sincerely yours Manuel L. Jones Executive Director October 4,2005 Board of Adjustment BOA 05-1730(South Fayetteville) Agenda Item 1 Page 8 of 12 PLAN #1533 NH1392-04-2 WXZW-10' SO. FOGMAGE WIND CrIDTAL) IS= I ST FLR. 10158 2ND FLIFL 475 COV.PORCH 173 UNCOV.DECK 181 I I UNGOV. DUCK FRONT ELEVATION 2&XV UTIL- a F.C� 7 r -4_Xlrltr BEDROOM 2 MASTER SUfM &FX. F.C� --- --- I1.x1z VX14 IV KrrCHEN 9 F.C. G 1EX104V 0 0 74rX4r4r DINIING V F.C. 1rx1w LIVING a P.C. BEDROOM 3 &Flo. COV.PA:TIO ff FIM. 2&X& 1 ST FLOOR PLAN 2ND FLOOR PLAN October 4,2005 Board of Adjustment BOA 05-1730(South Fayetteville) Agenda Item 1 Page 9 of 12 /V1 S, WaA,"'If" 5-6 f 1YJ 14- J- 7 - L if October 4,2005 Board of Adjustment BOA 05-1730(South Fayetteville) Agenda Item 1 Page 10 of 12 BOA05-1730 SOUTH FAYETTEVILLE DEVELOPMENT Close Up View MEN moo z IN- z 0 SUBJECT PROPERTY Z: -,WE 0 Q g gg ITH EM 0" 's Legend 'p O�Oved.yDistdd —FLOODWAY MO '�R —100Y�R —–—LIMI-OF STUDY Bas,Line Profile Fe yetteville ...... Out do City SO;�im 75 October 4,2005 0 37.5 150 225 300 Board of Adjustment Feet BOA 05-1730(South Faye Page 11 of 12 BOA05-1730 SOUTH FAYETTEVILLE DEVELOPMENT One Mile View RMF,� L SF4 'R$ P-1 21 R P1 R-1 I RSF C-2 RZF4� sr4 F C-3 g J J R� RSF1 -4i R�24 JUA'24� -R-KiF40 F- R-0 1 R-0,' P-1 F 0 . ..... F�24 _J R,0 !RMF-24i J� RMF 24 jr, RI I I _-- L 3� ' -WF N RSF. �iRMF-24, P4, P�W 2�:!,--R�F-24 P-� --- 0 m #1 RW40 R�:J: P-1 R 4 '7'12' �aMp,14 J; P-1 RW40 RMF40 2E'� W'24 I �if, �RIA �C-2 SU BJECT PROPE T L-, STn ST 'RW24 4 P�l RM �.J RD 4:fl RMF�24 SF4 RMF-2 RSF4 RSF RSF R R 4 RMF-12 RaF-4 - C-1 J, RMF-24 PRIVATE 889�DR RMF-24 al� -�4 RMF R-0 J FEP� t 4 J 1-2 - ------ 19 t� - ,I ; I- ' �4 L v'N--- l- �<,,RMF,24 M�4riF 122��D R 'F 'JL "',F -�RMF24 FR� R7W --2Z 4-2 A ROA 4� C-1 f 1 T�' '2'1 �TH 5 -24 1-2 F �M j�t AGO 17W111i RM RSF4 F-2 C2 19TH ST .. ........ 1-2' kSF� R$F4 RMF�24 RT-12 �i i C:2 03 DR UMP 1 c ii zi— v, ON RSF4 1�2 �Tl 2 4 RMF-24 Overview Legend Boundary Subject Property Planning Area BOA05-1730 Overlay District Outside City EJ Legend 00.120.25 0.5 0.75 1 1�t2l October, m m Board of Adjuist v ie t 11 ) 05-1730(South Fayettevill ) --------A—g—e-nFatte , 1 Jem 1 Page 12 of 12 BOA Meeting of October 4,2005 7ave evul ie 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: Andrew Gamer, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 27, 2005 BOA 05-1757(CONOCO STATION,405): Submitted by ENGINEERING SERVICES,INC for property located at 1130 NORTH GARLAND AVENUE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.12 acres. The request is for reduced building setbacks to bring an existing nonconforming gasoline service station/convenience store into compliance. Property Owner: JOL Enterprises,Inc. Planner: Andrew Garner RECOMMENDATION: Staff recommends approval of the requested front and side setback variances for the Conoco Station as shown on the attached drawings with the following conditions: I Future alterations or additions to the existing structures shall meet required building setback regulations from the Master Street Plan and State Highway right- of-way, unless otherwise approved by the Board of Adjustments. 2. Future alteration or additions to the existing structures shall meet required regulations for improvements to nonconforming parking lots. 3. The existing building footprint shall not be extended west or north any further into the building setbacks. 4. All required permits shall be granted prior to any construction or repair of the existing structures. Additional Conditions/Comments: The mCONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this variance. UW"R�2 0�19W Date; October 4,2005 Board of Adjustment BOA 05-1757(Conoco Station) Agenda Item 2 Page 1 of 12 HE-N ------------------ BACKGROUND: Property Description: The subject property is located at 1130 Garland Avenue and has three frontages: Mount Comfort Road (north), Garland Avenue (west), and North Street (south). The structures on the property are currently used as a Conoco gas station and convenience store. The property was developed in 1962, prior to zoning regulations and adoption of the current Master Street Plan right-of-way, therefore the gas station/convenience store and gas pumps and pump islands are currently located well within the front building setbacks off of Garland Avenue and Mount Comfort Road. As shown on Table 1, the property is surTounded by a variety of mixed commercial uses and C-I and C-2 zoning. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Parking lot C-2, Thoroughfare Commercial South Mixed use commercial strip mall C-2, Thoroughfare Commercial East Mr. Burger restaurant C-1,Neighborhood Cortunercial West Arvest Bank; Harp's Grocery C-1,Neighborhood Commercial; C-2, Thoroughfare Commercial Proposal: The applicant intends to improve and expand the existing building by'squaring off the existing gas station/convenience store to the south and east as shown on the attached drawing. The applicant requests setback variances to the north and west for the existing gas station/convenience store,pump islands,and air compressor/vacuum station to allow for improvements and expansion of the gas station/convenience store to the south and east. The applicant also requests to construct an 8' x 10' covered bus stop on the northwest corner of the property for the students who utilize the University of Arkansas transit system in the area. It should be noted that the proposed bus stop is in the Garland Avenue right-of-way(State Highway 112). It is therefore not within the authority of the Fayetteville Board of Adjustment to grant a variance for this structure. In order to obtain right to install this structure the applicant would require approval from the Arkansas State Highway Department,Fayetteville City Council,and the University of Arkansas. The existing condition of the property and variances requested within the purview of the Fayetteville Board of Adjustment are shown in Table 2. KlReports12005WA Repor�110-04-05WOA 05-1757(ConocoStation).doc October 4,2005 Board of Adjustment BOA 05-1757(Conoco Station) Agenda Item 2 Page 2 of 12 Table 2 Variance Request Variance Issue Ordinance Existing Variance Requirement Setback Front setback gasoline service building (north) 50' 46.86' 3.14' Front setback gasoline service building (west) 50' 37.88' 12.12' Gasoline pump island setback(west) 25' 11.05' 8.95' Gasoline pump island canopy setback(west) 20' 4.8' 15.20' Gasoline pump island canopy setback(north) 20' 18.59, 1.41' Compressed air station/vacuum station setback 20' 4' 16' (southwest) GENERAL PLAN DESIGNATION: Community Commercial 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: There are special conditions and circumstances that exist which are peculiar to structure. This property was constructed prior to adoption of the City's Master Street Plan right-of-way and current zoning regulations. Consequently, the existing structures do not meet the current setback regulations and any repair, extension, or expansion to the structures may not be permitted without a variance to said regulations. 2. Deprivation of Rights. That literal interpretation of the provisions ofthe 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 permit the improvements or expansion to the existing structures. All other surrounding properties within the same zoning district must abide by the same regulations which limit this applicant from improvement of the subject property. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The property was constructed prior to the establishment of current rights-of- K Teportg�2005WOA Reportsll&04-051BOA 05-1757(Conow Statfon).doc October 4,2005 Board of Adjustment BOA 05-1757(Conoco Station) Agenda Item 2 Page 3 of 12 way and zoning regulations and does not result from the actions of the applicant. As the property currently exists, it is nonconforming and could remain in its current state without any variances. As it is the applicant's desire to improve the structure, parking, and landscaping, variances of building setbacks are required. Staff finds that the circumstances which have created the requirement for such variances are not a result of any action of the applicant and the improvement of the structures, parking, and landscaping will benefit the City of Fayetteville and enhance those properties in the vicinity. 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 setback variances will not confer special privileges on this property. 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, October 4,2005. 3. Findings. The Board of Adjustment shall make the following findings: 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 ,Arill make possible the reasonable use of the land,building, or structure. Finding: The requested front 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 K.ftporM2005WA Reports110-04-05WA 05-1757(ConowStation).doc October 4,2005 Board of Adjustment BOA 05-1757(Conoco Station) Agenda Item 2 Page 4 of 12 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 variances will be in harmony with the general purpose and intent of zoning regulations, and will not be injurious to the neighborhood. The location of these structures is similar in nature to other structures in the area that were built prior to current regulations. Additionally, the proposed improvements would not increase the existing nonconformity to the west or north(Garland Avenue and Mount Comfort Road frontages,respectively),but would rather extend the structure to the south and east outside of the required setbacks. 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 existing structure is utilized for a gas station and convenience store, a permissible use in the C-1 Zoning District. K.Weporu12005WOA ReportsllO-04-05WOA 05-1757(Conom Staflon).doc October 4,2005 Board of Adjustment BOA 05-1757(Conoco Station) Agenda Item 2 Page 5 of 12 City of Fayetteville Unified Development Code Section 161.16 District C-1, (Code 1965,App.A., Art Siv);Ord.No. 2603,2-19-80;Ord.No. 1747,6-29-70;Code 1991,§160.035;Ord.No.4100, §2(Ex.A),6- Neighborhood Commercial 16-98;Ord.No.4178,&31-99) (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (13) Uses. (1) Permitteduses. Unit I City-wide uses by right Unit 12 Offices,studios and related services -Unit 13 Eating places -Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in restaurants -Unit 25 Professional offices (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities UnIt4 Cultural and recreational facilities Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations None. (E) Setback regulations. Front 50 ft. Side None Side,when contiguous to a 10 ft. residential district Rear 20 ft. (F) Height regulations. There shall be no maximum height limits in C-I District,provided, however,that any building which exceeds the height of 10 feet shall be setback from any boundary line of any residential district a distance of one foot for each foot of height in excess of 10 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. K.Weporls12005WOA Reporlsl]0-04-05WA 05-1757(Conow Slation).doc October 4,2005 Board of Adjustment BOA 05-1757(Conoco Station) Agenda Item 2 Page 6 of 12 Engineering Services, Inc. 1207 S. Old Missouri Rd. - P. 0. Box 282 - Springdale,Arkansas 72765-0282 Phone:479-751-8733 - Fax:479-751-8746 September 27,2005 Chairman of the Board of Adjustments City of Fayetteville 125 West Mountain Street Fayetteville,Arkansas 72701 RE: hnprovements to property at 1130 N. Garland Dear Sirs, JOL Enterprises,Inc. wishes to improve the appearance and operation of the existing Conoco Station at the referenced address. The owners propose to enclose a large drainage channel that is currently dangerous and unsightly, landscape the area in a manner that would vastly improve the appearance of the area, and construct a new fnade that will far exceed the aesthetics of any structure in the area. The owner also offers a covered bus stop for the students who utilize the University of Arkansas transit system. The existing structure was built in 1962 and therefore does not conform to existing ordinances concerning setbacks. It follows then that any improvement to the property would be under the shadow of a non-conforming lot. It is clear diaL (a) These conditions and circumstances are peculiar to this project and would not be applicable to other projects in the same district. (b) The literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the term of this ordinance. (c) Special conditions and circumstances do not result from the actions of the applicant, (d) Granting the variances requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. The variances needed as per planning staff are as follows: Amount Variance Issue Ord.Rea'd Reguested Front setback, north line 50 3.14' Front setback,west line 50 12.12' Gasoline Service Bldg. R/W setback north fine 50 3.14' Gasoline Service Bldg. RIW setback west line 50 12.12' Gasoline Pump Island RfW setback west line 25 9.95, Gasoline Pump Island Canopy R/W setback north line 20 1.41' Gasoline Pump Island Canopy R/W setback west line 20 15,20' Consulting Engineers and Surveyors wv�lu U1 Mujubullullt Jeffy W.Martin,RE. E.Walt LeFewe,PE. Philip C.H=bud,PE,P§9.A 05-gAW�q tation) rn 2 P�idwt Semor Vice P�ident Vi�Pmsident Secwtarmw 12 Ordinances involved: LTDC Section 161.16 Setback Requirements for C-1:Front-50', Side-none, Rear-20' UDC Section 164.18(D) Gasoline Service Station Requirements: Minimum setback of service building from all street right-of-way lines-50' Minimum setback of pump island from all right-of-way lines -25' Minimum setback of canopy covering pump island from all right-of-way lines- 20' Drawings are attached to clarify the existing conditions and the requested setback variances. If there are questions,please contact me at my office. Sincer Y, L lenn Carter,PE,PLS Engineering Services,hie. dgc.esi@cox-intemet.com 0' Consulting Engineers and Surveyors ustment Jerry W.Martin,RE. E.Walt LeFevre,F.E. Philip C.Humbard,RE,P.L.S.BOA DS4zW Station) President Senior Vice President Vice President Secretary/Trftenda Item 2 Page 8 of 12 SCUTH RIGHT—OF—WAY UNE IF MT. COMFORT RD. OU P. 518 ll::::::Illlll:: 24.58' p Irm., 50' R/W U�T . ...... .... .. ..... ...... :.�OLE ........ '1329- Ld PAY ......... ..... of MT. COMFORT RD. .......Ila NORTHEAST CORNER EDGE OF S SCANOPY L of 2004-00051315 S . ................. ................ .. .... ..... .. .... .... C UMPS M4 SIX I'Ll GRAVEL �K EAST UNE of EDGE--,0 2004-00051315 "Ur A NO 25 00ft 9 RETAINING WALL 37.88 % 50. Oft* 1332 0 BON SIGN 15' T E OF— .. .... NW 13421 4;. ........... ...... ....... K= .......... .. SW CORNER ... ....... dko 1/4, NW ..................... 1/4, ......... NORTH UNE SECTION 9 of NORTH ST. 3—N, R-30—W NL8"J5'llwVr 16.10' RIGHT—OF—WAY VARIEs —_AfORIH S7. October 4,2005 INTERSECTION of Board of Adjustment BOA 05-1757(Conoco Station) Agenda Item 2 Page 9 of 12 BOA05-1757 CONOCO STATION Close Up View RIMINI z CD 0 iW W M �M'%MM SUBJECT PROPERTY tR� E21 < F WEDINGTON ORTH Y", MF] H GH 8 z �.4 �g ILL 4.1 ggagggg Legend '9.0�Overay Usidd FLOODWAY 500 eEAR 100 YEAR ———Lim-OF,STUDY Bas�Line Pmffe Fayefteville Out,de City BW O�1757 October 4,2005 Board of Adjustment Feet -1757(ConocoS on sT BOA 05 tai 0 75 150 300 450 600 Agend Item 2 BOA05-1757 CONOCO STATION One Mile View C�// -qg iRM�-2,4� A "A Is 4 0 )R GARRETT DR P; RSF`4 iY gk. J i"ll" Ki� lR E MST hi; SF,T C R-A IR -T d 41 iT �-IEC RSF4 T RSF414' SF��', jl��ANE 5T i-- -� RSff� RMF724 R 41 MS4-, / : I.F R�92 I D�ANE 1 1: q, 40 kili r I'l WA RMF 24 RSF-4 RMF40�, �jl 12 F�SF`4 SF-V RSF�lj -�R RS�,'�flE J RhV'40 7 RSl RMF-6 P-1 RSF I T' SUBJECT PROPERTY RT712 T ii 1 Re 2 ji R '4� F-2 4 G-2 P IVATE-1 lt�, RSFA A., R-0 l S IH F RSE4 F SF4 FRW24 �\ ! SSEA F, RW�� o'/ RSF4 FSF4 TP7 SF RSF4 1 r G-1 F RSF4 E, MF lv 7- T I ORA,D f _0 p, - r. R-0 B�RRY RMF�?4- F, RSF4,-, L RSF4 RIF� F' !_T RSF4 3j, RMF� �E P" �"R�VAT,,,, �F,46, ;t: -RMF-40 t;ISW� RSF4 n RSF4 I I , � F :;�T I �J ST RqF��- ST T l R ' 'I 2, L §LF c-Z ",�Jl R RM tmml.-RD J�AF-40 :SSF 11 F RSF4 RSF4 91 R i C�l 21 R�A) ;-- N.— c- r, RA �Z RSF41 �RSF Tif P- RMF40 SF 7�� 1 ISF, F , . PRIVA -,kSE41--f J_ _�, ,--L, �-- ON, F-4D 77P 41 Overview Legend Boundary ------ Subject Property `-N.� Planning Area BOA05-1757 cP---9, Overlay District Outside City Legend 00.120.25 0.5 0.75 1 October 4,20 5 1 Board of Adjustme t A 05-1757(Conoco Statio ,iv�rida item 2 Page 11 of 12 October 4,2005 Board of Adjustment BOA 05-1757(Conoco Station) Agenda Item 2 Page 12 of 12 BOA Meeting of October 04,2005 7afis yelte'vil 1 ev 125 W. Mountain St. q ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 28, 2005 BOA 05-1758 (BENEFIELD,485): Submitted by MATT CHAMPAGNE for property located at 217 E SUTTON STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.29 acres. The request is for reduced side and rear setbacks to allow a proposed covered patio to be constructed. Planner: Suzanne Morgan RECOMMENDATION: Staff recommends denial of the variance request for a 4' side building setback and a 41 rear building setback. BOARD OF ADJUSTMEMT ACTION: 0 Approved 0 Denied Date: October 04,2005 BACKGROUND: Property Description: The subject property is located at 217 E. Sutton. The property is developed for a single family home. Access is provided from an alley to the west of the property and from Sutton Drive. The property is zoned RSF-4 and is located in the downtown area. The subject property consists of two parcels of property, containing a total area of 0.29 acres. The existing structures on the property appear to encroach within required building setbacks. A variance for existing nonconforming structures is not requested at this time. Proposal: The applicant requests a building setback variance for a 200 square foot covered patio. The structure is proposed to be located at the southwest comer of the property, approximately 4' K.Weports12005180A Reporul]0-04-0500A 05-1758(&nefield).doc October 4,2005 Board of Adjustment BOA 05-1758(Benefield) Agenda Item 3 Page 1 of 12 ftom the west(side)property line and 4' from the south(rear)property line. It will be constructed of oak and pine beams with a tin roof The patio is proposed for recreational use associated with the single family residence. Variance Request Variance issue Ordinance Requirement Applicant's Request Rear Setback 20' 4' (a 16' variance) Side Setback 8' 4' (a 4' variance) SURROUNDING LAND USE AND ZONING Direction Land Use Zoning from Site North Single family residence RSF-4, Residential Single Family, 4 Units per Acre South Single family residence RSF-4, Residential Single Family, 4 Units per Acre East Single family residence RSF-4, Residential Single Family, 4 Units per Acre West Single family residence RSF-4, Residential Single Family, 4 Units per 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: 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: There are no special circumstances peculiar to this property which would necessitate the placement of a structure within the required building setbacks. The property is of considerable size and has ample open space in which to locate a structure and meet required building setbacks. Based on the site plan submitted by the applicant,staff finds that there is no circumstance peculiar to the structure or land which is not applicable to surrounding properties. 2. Deprivation of Rights. That literal interpretation of the provisions ofthe 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 a building permit to be issued for any structure within the rear and side building setbacks on this KlReportsI2005WOA Reporis110-04-05BOA 05-1758(Benefleld).doc October 4,2005 Board of Adjustment BOA 05-1758(Benefield) Agenda Item 3 Page 2 of 12 property. All surrounding properties within the RSF-4 zoning district are subject to the same restrictions. Thus, the literal interpretation of zoning regulations would not deprive the applicant of rights enjoyed by the other property within the same zoning district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The requested variance results from the desire of the applicant to erect a structure for recreational use within the building setbacks. This property has been utilized for single family use for many decades without such a structure. The erection of a covered patio located within the building setback is a result of the desire of the applicant and not a result of special circumstances of the property. 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 side and rear setback variances will confer special privileges on this property that are not bestowed on other surrounding properties. 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, October 4,2005. 3. Findings. The Board of Adjustment shall make the following findings: 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. K.tReportsI20051BOA Repor&110-04-051ROA 05-1758(&nefield).doc October 4,2005 Board of Adjustment BOA 05-1758(Benefield) Agenda Item 3 Page 3 of 12 Finding: The reasons set forth in the application do not justify the granting of the requested variances. This property consists of a part of the original lots within the Masonic Addition. The additional parcel(765-08071-000)on the rear of the property does not create building setbacks that restrict the development of the entire 0.29 acre property. Based on the submitted survey, there is approximately 69' between the home and rear building setback in which the covered patio may be constructed. 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 be in harmony with the general purpose and intent of zoning regulations. It would confer special privileges on the applicant which are not granted to surrounding property owners within the RSF-4 zoning district. Staff recommends placement of the requested structure in a different location on the property and that the applicant consider modifications of the shape and/or size of said structure such that it can be placed on the property such that it does not encroach within the required building setbacks. 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 requested side and rear building setbacks. 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: Erection of a covered patio for residential single family use is permitted by right in the RSF-4 zoning district. K.TeportA2005WOA ReporisI10-04-05WOA 05-1758(Benefield).doc October 4,2005 Board of Adjustment BOA 05-1758(Benefield) Agenda Item 3 Page 4 of 12