HomeMy WebLinkAbout2005-11-07 - Agendas 7X,jrZe fflej le
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,November 7,2005,3:45 p.m.
Room 326, City Administration Building
The following items will be considered:
New Business:
1. BOA 05-1786(STURCHIOXING,366): Submitted by SHARMAN STURCHIO for property located at 716 W
SYCAMORE ST. The property is zoned C-2,Neighborhood Commercial. The requirement is for a front setback of 50'. The
request is for a reduced front setback of 30'(a 20'variance.) Planner:Jesse Fulcher
2. BOA 05-1787(COURTS AT WHITHAM,444): Submitted by N.ARTHUR SCOTT for property located at CORNER
OF WHITHAM AND DOUGLAS. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains
approximately 1.42 acres. The requirement is for 25'front setbacks. The request is for a 17'setback on Whitharn(an 8'
variance)and an I I'setback on Douglas(a 14'variance.) Planner:Andrew Garner
3. BOA 05-1788(CHAMBERS,485): Submitted by JULIE&MATTHEW CHAMBERS for property located at 347 N
WILLOW. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.20 acres. The
requirement is for 20'rear setback. The request is for an 18'3" setback(a 1'9"variance.)
Planner:Jesse Fulcber
4. BOA 05-1789(BASSETT LAW FIRM,484): Submitted by DON SPANN for property located at 221 N COLLEGE.
The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.77 acres. The requirement is
for a 20'rear setback. The request is for a 10'rear setback(a 10'variance.) Planner:Jesse Fulcher
5. BOA 05-1791 (COUCH, 489): Submitted by BUCKLEY BLEW for property located at 120 STONEBRIDGE. The
property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 2.64 acres. The lot width
requirement is 70' in the RSF4 zoning district. The applicant requests to split the property and create a lot with a 60' lot
width(a 10'variance.) Planner: Suzanne Morgan,
6. BOA 05-1792(BROOYLSIPORTER,485): Submitted by BILL BROOKS for property located at 417 MAPLE. The
property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE. The requirement is for an 8'side setback. The request is for
a 2'side setback(a 6'variance,) Planner: Andrew Garner
7. BOA 05-1793(CAHOON,367): Submitted by BUCKLEY BLEW for property located at 203 MILLER. The property is
zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.26 acres. The requirement is for a 25'front
setback. The request is for a 5' setback(a 20' varaince). Planner: Suzanne Morgan
All interested parties may appear and behead 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 we invited to review the petitions. Interpreters or'IDD 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.
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 bearing 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 Olzew-ski
Eric Johnson
BOA Meeting of November 7, 2005
Zvps�Vnl
125 W. Mountain St.
AR�ANSAS
Fayetteville.AR 72701
Telepbone: (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: October 31, 2005
BOA 05-1786 (STURCHIO/KING, 366): Submitted by SHARMAN STURCHIO for property
located at 716 W. SYCAMORE ST. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 0.87 acres. The request is for reduced building setback
to bring an existing nonconforming structure into compliance.
Property Owner: SHARMAN STURCHIO/RICH KING Planner: JESSE FULCHER
RECOMMENDATION:
Staff recommends approval of the requested front variance for the structure as shown on the
attached drawings with the following conditions:
1. Future alterations or additions to the existing structures shall meet required
building setback regulations from the Master Street Plan, unless otherwise
approved by the Board of Adjustments.
2. Future alteration or additions to the existing structure shall meet required
regulations for improvements to nonconforming parking lots.
3. The existing building footprint shall not be extended 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:
K.WeportsL70051BOA Reponsill-7 05WA 05 1786(Slurchio_King).doc
November 7,2005
Boad of Adjustment
BOA 05-1786(Sturchio.King)
Agenda Item 1
Page 1 of 16
The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the
entity requesting approval of this variance.
Name: Date:
BOARDIOFADJUSTMEIMT ACTION- ,,[] Approved 0 Denied 0 Tabled
Date: Oetober412005-,
BACKGROUND:
Property Description: The subject property is located at 716 W. Sycamore and has two frontages:
Sycamore St. (south) and Chestnut Ave (east), a proposed street extension. In 1989 when the
structure was built, the property was zoned 1-1, Heavy Commercial/Light Industrial. The property
was then rezoned to C-2 in 1999. Accordingly,the building setbacks for the property changed from
a 25' front setback along Sycamore St. and Chestnut Ave. to a 50' front setback. As a result of the
rezoning, the structure became nonconforming.
C-2, Thoroughfare Commercial
Side None
Side, when contiguous to a residential 15 ft.
district
Rear 20 ft.
1-1,Heavy Commercial/Light Industrial
Front, when adjoining A or R districts 50 ft-
F!060V-;11'�:W h,- -ad, , - f-G.,----------------------- --
loini- �'- istijets 25z,,ft-
,T-Ba
Side, when adjoining A or R districts 50 ft.
Side,when adjoining C, 1, or P districts 10 ft.
Rear, when adjoining C, 1, or P districts loft.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
from Site
North Undeveloped 1-1, Heavy Commercial/Light Industrial
South Multi-Family RMF-40, Residential Multi Family
East Vacant Structure 1-1, Heavy Commercial/Light Industrial
West Storage Facility 1-1, Heavy Commercial/Light Industrial
K.Teports120051BOA Reportsg]-7-0500A 05-1786(Sturchio King).doc
November 7,2005
Boad of Adjustment
BOA 05-1786(Sturchio.King)
Agenda Item 1
Page 2 of 16
Proposal: In June 2005,the structure located at 716 W. Sycamore caught on fire and the cast side of
the building was destroyed. The applicants wish to rebuild the structure using the same footprint
with no increase to the original square footage.
Table 2
Variance Request
Variance Ordinance Existing Variance
Issue Requirement Setback
Front setback (cast) 50' 25' 25'
Front setback (south) 50' 50' 01
Side setback (north) 01 140' 01
Side setback (west) 10� 107 01
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
this structure. This structure was built prior to adoption of the City's Master
Street Plan right-of-way; consequently, a portion of the existing parking lot is
within the master street plan right-of-way. When constructed,the building did
meet all required setbacks for the 1-1 zoning district. However, in 1999 when
the rezoning was applied for, neither staff, nor the applicant realized that a
change in zoning would alter the setbacks in such a way as to create a
nonconforming structure.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding- Literal interpretation of zoning regulations would not permit sufficient repairs
to the existing structure. Without a variance, the owners would be limited by
Chapter 164.12 Nonconforming Structures,to ordinary repairs,or on repairs or
replacement of nonbearing walls,fixtures,wiring or plumbing,to an extent not
exceeding 10%of the current replacement cost of the nonconforming structure.
The amount of damage that occurred due to the tire would exceed what is
allowable under Chapter 164.12.
K.Teports12005BOA Reporls111-7-05iB0,4 05 1786(SturchioKing).doc
November 7,2005
Boad of Adjustment
BOA 05-1786(Sturchio.King)
Agenda Item 1
Page 3 of 16
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: The applicants did request the rezoning from 1-1 to C-2 in 1999. However,the
applicants were unaware of the change in setbacks that transpired with the
rezoning. Furthermore, city staff was in support of the rezoning request as is
noted in the minutes of the City Council meeting in which the rezoning was
approved.
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,orbuildings 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,November 7, 2005.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that
will make possible the reasonable use of the land,building, or structure.
Finding: The requested front setback variance is the minimum variance necessary to
accommodate the existing structure on the subject property.
K:lReporisI20051BOA ReporlsUI-7-05TOA 05-1786(Slurchio—King).doc
November 7,2005
Boad of Adjustment
BOA 05-1786(Sturchio.King)
Agenda Item 1
Page 4 of 16
b. Harmony with General Purpose. The Board of Adjustment sball 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. Additionally,
the proposed improvements would not increase the existing nonconformity.
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 sball 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 current and previous use of the structure is a permitted use in the C-2
zoning district.
KlReports12005�BOA Reports�11-7-0500A 05-1786(Sturchio King).doc
November 7,2005
Boad of Adjustment
BOA 05-1786(Sturchio.King)
Agenda Item 1
Page 5 of 16
161.20 District 1-1,Heavy Commercial And Ligbt Industrial
(A) Purpose. The Heavy Conumercial District is designed primarily to accommodate certain cornmercial
and light industrial uses which are compatiblevnfir one another but are inappropriate in other corantercial
or industrial districts. The Light Industrial District is designed to group together a wide range of industrial
uses,which do not produce objectionable environmental influences in their operation and appearance. The
regulations of this district are intended to provide a degree of compatibility between uses permitted in this
district and those in nearby residential districts.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 6 Agriculture
Unit 12 Offices,studios and related facilities
Unit 13 Eating places
Unit 17 Trades and services
Unit 18 Gasoline service stations&drive-in restaurants
Unit 21 Warehousing and wholesale
Manufacturing
22
RM't'215 Professional offices
Unit 27 Wholesale bulk petroleum storage�cfhfiefs-tb]
underground s�s
(2) Conditional uses.
Unit 2 City-wide uses by condifional use permit
Unit 19 Commercial recreation,small sites
Unit 20 Commercial recreation,large sites
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front,when adjoining A or R districts 50 ft.
Front,when adjoining C,1,or P districts 25 ft.
Side,when adjoining A or R districts 50 ft.
Side,when adjoining C,1,or P districts 10 ft.
Rear,when adjoining C,1,or P districts 10 ft.—
(F) Height regulations. There shall be no maximum height limits in 1-1 District,provided,however,that
any building which exceeds the height of 25 feet shall be set back from any boundary line of anyresidential
district a distance of one foot for each foot of height in excess of 25 feet.
(G) Building area- None.
November 7,2005
K.�Rqports1200500A ReportslH-7-05MA 05-1786(Sturchio King).doc Bead of Adjustment
BOA 05-1786(Sturchio.King)
Agenda Item 1
Page 6 of 16
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) Permateduses.
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 shopping goods
Unit 16 Shopping goods
Unit 17 Trades and services
n t asoline s Nice stations&drive-in restauran
Unit 19 Commercial recreation,small sites
Unit 20 Commercial recreation,large sites
Unit 25 Professional offices
Unit 33 Adult live entertainment club or bar
_Umt 34 Liquor store
(2) Conditional uses.
Unft2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
F 'Ont 50 ft.
TS,d, i None
Side,when contiguous to a residential district 15 ft.
Rear 20 ft.
(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.
November 7,2005
X.-�ReportsL7005�BOA ReportsUJ-7-0500,4 05-1786(Sturchio King).doc Boad of Adjustment
BOA 05-1786(Sturchio.King)
Agenda Item 1
Page 7 of 16
164.12 Nonconforming Uses And Structures
(F) Repairs and maintenance.
(1) On any nonconforming structure or portion of a structure coutaining a nonconforming
use, work may be done in any period of 12 consecutive months on ordinary repairs, or on
repair or replacement of noribearing walls, fixtures, wiring, or plumbing, to an extent not
exceeding 10% of the current replacement cost of the rionconformiDg structure, or
nonconforming portion of the structure as the case may be, provided that the cubic content
existing when it became nonconforming shall not be increased.
November 7,2005
K.,�ReportA2005W,4 ReporL111-7-051BOA 05-1786(Slurchio King).doc Boad of Adjustment
BOA 05-1786(Sturchio.King)
Agenda Item 1
Page 8 of 16
Chair of Board of Adjustments
City of Fayetteville
125 Mountain St.
Fayetteville, AR 72701
Dear Chair.-
On January 5, 1999 the Fayetteville City Council approved a down zoning request from
1-1 to C-2 for property located at 716 W. Sycamore St. A 6,879 sq. ft. building exists on
this property. No enlargements to the exterior of the building have been made since the
building was constructed in 1986. Set back requirements in 1-1 were 30'. Set back
requirements in C-2 are 50'. This discrepancy was not addressed by the City Council in
1999 when the zoning change was approved. There are no other properties in the area
that have been rezoned to C-2.
Due to arson fire on July 16, 2005 the east side of the building was destroyed. The
existing frame and roof are still standing but must be taken down and replaced. We wish
to rebuild using the same footprint. Because of the zoning change in 1999 the set back is
now 50' not 3 0' as when the building was originally built.
When the City Council approved a zoning change from 1-1 to C-2 in 1999 it caused the
building to be out of compliance in regard to set back requirements. The arson fire in
2005 requires taking down a portion of the building so it can be rebuilt, Once the
building is taken down it can't be rebuilt using the same footprint unless a set back
variance is approved. Neither of these special conditions resulted from the actions of the
applicants.
The owners are not asking for special privileges. The granting of the variance requested
will simply allow the owners to rebuild a structure using the original footprint. We are
not asking permission to increase the square footage of the building or to decrease the
setback from when the building was originally built,
November 7,2005
Boad of Adjustment
BOA 05-1786(Sturchio.King)
Agenda Item 1
Page 9 of 16
October, 14, 2005
Description of Variance Request:
The existing building is 6,879 sq. ft. The owners request to rebuild using the original
footprint. The proposed building would also have 6,879 sq. ft. There are 38 existing
parking spaces. 34 parking spaces are required.
The owners of 716 W. Sycamore St. in Fayetteville are requesting a set back variance on
the east side or the unimproved Chestnut St. side of the building. Because technically the
property is on a comer both the front and east side of the building have a 50' set back
requirement in C-2 zoning. The current building is set back 30' on the Chestnut St. right
of way side. Improvements to this right of way are not in the 2020 master street
improvement plan.
November 7,2005
Boad of Adjustment
BOA 05-1786(Sturchio.King)
Agenda Item 1
Page 10 of 16
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I�ZG,347MATION SITE ADDRESS 51;�Joa
To-be filled out by the Planning office)
PLOT PLAN (Prepared & Submitted by Applicant)
The plot plan has such information as BUILDING SETBACK PROM THE EAVES OF THE STRUCTURE
to the owner's property line, off-street parking location, driveway locations, etc.
and should be drawn to scale. NOTE: Street curb �s NOT the owner's property line.
N. ZONING DISTRICT
J' _�j
BUILDIN
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0. ADDITIONAL REVIEW REQUIRED ACTION proposed minimum
Board of Adi. NJ
Large Scale Dev. S1 &71 1
Planning Commission El -D AZ%
MSP Street Easement W1 16 '
Lot Split
P. IMPROVEMENTS OR CONDITIONS REQUIRED BY CITY
SUBDIVIDERS CONTRACT- This property must be released from the lien (subdividers
contract) between the City and the subdivider. NOTE: The subdivider must request
the release in writing. Please allow two weeks for processing this release request.
: PUB��(� SIDEWALK-- A permit should. be obtained from the Inspection Office and a
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§1ic sidewalk, a minimum of fo (4�, feet in width, shall be constructed along
HOUSE NUMBE
tj
(H U�E -- No permanent water meter will be set until permanent house numbers
I -_ No r'
NUMN. the�Stp..t, are placed on the structure. These numbers need to be at
least four (4) inches high. The number assigned is not to be changed without approval
from the Water Meter Department,
P VEWAYS A�N PARKING AREAS-- The driveways and parking area, as set out below,
kast���an 7aw 'ca�tion of double chip and oil seal, hot Mix SSPhalt or
Portland cement to provide a durable and dustless surface.
(a) priveways-- Must be surfaced for a minimum distance from th t t pavement or
roadbed extending past the property line to a point at leaset J.;rslfeet into
the property toward the building. A driveway permit must be obtained from the
City Inspection Office prior to constructing this driveway.
r
0(b Off Street Parking Areas-- The parking area located at VAV/ 4
must ALSO be striped into a minimum of Spaces at a
and provide curbs, bumper guards or w e I stops so
size Of
located that no part of a parked vehicle will extend beyond the outer boundaries
of the parking lot area. p ly P
C
SZGNATURES
(owner) (Contractor) (Lessee)
(date) (date) (date)
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Boad of Adjustme
BOA 05-1786(SturchioXi
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Boad of Adjustment
F et
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Apenda Item 1
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Overview Legend Boundary
Subject Property Planning Area
-1786 ...9,
BOA05 LtP
Overlay District
Outside City
Legend
0 0.125.25 0.5 0.75 1 November 7,2( 5
0
Boad of Adjust, t
�HeSBOA 05-1786(SturchiI
Pag;��5 of 16
November 7,2005
Boad of Adjustment
BOA 05-1786(Sturchio.King)
Agenda Item 1
Page 16 of 16
BOA Meeting of November 07, 2005
125 W. Mountain St.
Ta ,TT
ARKANSAS
Fayetteville.AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Andrew Garner, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: November 2, 2005
BOA 05-1787 (COURTS AT WHITHAM, 444): Submitted by ARTHUR SCOTT for property
located at THE CORNER OF WHITHAM AND DOUGLAS. The property is zoned RMF-40,
MULTI FAMILY-40 UNITS/ACRE and contains approximately 1.42 acres. The requirement is for
25'ftont setback. Tbe request is for a 12.5' setback on Whitbam(a 12.5'variance)and a 17' setback
on Douglas (an 8' variance).
Planner: Andrew Garner
RECOMMENDATION:
Staff recommends approval of the requested front variances for the structure as shown on the
attached drawings with the following conditions:
1. Future alterations or additions to the existing structures shall, meet required
building setback regulations from the Master Street Plan, unless otherwise
approved by the Board of Adjustments.
2. No structures(including roollines,balconies,walls,etc.)shall be located within the
building setback except as noted herein. No structures or portions of structures
(including roollines,balconies,walls,etc.)shall be located within utility easements.
The plans or easements shall be revised to comply with this requirement.
3. The addition of a structure on this property does require improvements to the
nonconforming parking lot as required by Chapter 172.08 Nonconforming Parking
Lots. These improvements were included in the approval for the large scale
development.
Future alteration or additions to the existing structure shall meet required regulations for
improvements to nonconforming parking lots.
Additional Conditions/Comments:
The'CONDITIONS,PIKAPPROVAL"listed in this exe-eptiblit,hy,4we,
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r 7,2005
of,this,vainance. - ,.'t'edpfAJiustment
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Date. November-:07,1605,
BACKGROUND:
Property description: The subject property is located at the comer of Whitharn Ave. and Douglas
St.,north of Maple St. Currently,there is an existing nonconforming structure located on the lot that
encroaches into the front setback for both Whitham and Douglas. As part of the large scale
development that was approved by the Subdivision Committee on November 4, 2005,the existing
structure will be removed and a 5-story apartment complex will be built on the property.
Proposal: As shown in Table 1, the applicant is requesting an 8' variance for a total 17' front
building setback from Douglas St. and a 12.5' variance for a total of 12.5' front setback from
Whitham Ave.
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Front Setback-Douglas St. 25' 17' (an 8'variance)
Front Setback-Whitham Ave. 25' 12.5' (a 12.5'variance)
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
froi I
North Residential Single Family RMF-40, Residential Multi Family
South Multi Family RMF-40, Residential Multi Family
East Residential Single Family RMF-40, Residential Multi Family
West Multi Family RMF-40, Residential Multi Family
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 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.
K.�Reports�2005WOA Reporaill-7 05IB0,4 05-7787(Courts of Wtlithant).doc
November 7,2005
Boad of Adjustment
BOA 05-1787(Courts at Whitham)
Agenda Item 2
Page 2 of 18
Finding: The existing structure and the original Courts at Whitham buildings were built
prior to current ordinances. All of these structures are located close to the
street, as are most structures within this neighborhood. The location of the
proposed structure is consistent with the historical design of the neighborhood.
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: The applicant could design a building which would meet all required building
setbacks, however the resulting location of the building would be out of
character with existing structures in the neighborhood.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: While the location of the existing structure is not a result of the current owners,
the proposal to build a new structure within the required building setbacks is a
result of the applicants.
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 a variance for a new structure to be erected within the Master Street
Plan right-of-way would not confer on the applicant a special privilege. Rather,
it would permit the redevelopment of a property that is consistent with the
location of other buildings on the street.
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 nonconforming structures were considered during the review of the
variance request.
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.
KlReporisI2005WA Repo,is111-7-05MA 05-1787(Coutts of Hquillam).doe
November 7,2005
Boad of Adjustment
BOA 05-1787(Courts at Whitham)
Agenda Item 2
Page 3 of 18
Finding: A public hearing is scheduled for Monday,November 07,2005.
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 variances requested are the minimum necessary to construct the
new building in the proposed location.
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: The neighborhood consists of various building types,in which most are
located close the street. Granting a variance to allow the placement of a
new structure within the front building setbacks would not be injurious
to the neighborhood, or 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 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 anyuse expressly orbyimplication
prohibited by the terms of the zoning regulations in said district.
Finding: A large scale development was approved for this building by the
Subdivision Committee on November 3, 2005, in which it was
recommended that the placement of the buildings be recommended for
approval.
November 7,2005
K:Weports120051,80A Reportsl,11-7-05WA 05-1787(Courts of Kitham).doc Boad of Adjustment
BOA 05-1787(Courts at Whitham)
Agenda Item 2
Page 4 of 18
161.14 District Rmf-40,Residential Multi-Family—Forty Units Per Acre
(A) Ptopose. 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) Pertnitted uses.
Unit 1 City-wide u es 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 utility facilities
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 24 Home occupation
Unit 25 Professional offices
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 16 to 40
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
Lot within a manufactured home park 50 ft.
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 manufactured 4,200 sq.ft.
home park
Townhouses:
Development 10,000 sq-ft.
Individual lot 2,500 sq.ft.
Single-family 6,000 sq-ft.
Two-family 6,500 sq.ft.
Three or more '2 'sq-I
Fraternity or Sorority 7 2me
(3) Land area per dwelling unit.
Manufactured home 3,000 sq.ft.
Townhouses&apartments
November 7,2005
K.,lReportA2005BOA Reportst11-7-05B0,4 05-1787(Courts of Whith=).doc Boad of Adjustment
BOA 05-1787(Courts at Whitham)
Agenda Item 2
Page 5 of 18
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) Setback requirements.
Front Side Rear
25 ft. 8 ft. 20 ft.
Cross reference(s)--Vatiance,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.,An.5fV);Ord.No.2320,4-5-77;Ord.No.2700,2-2-81;Col.No.1747,6-29-70;Code 1991,§160.034;Ord-
No.4100,§2(EK.A),6-16-98;Ord.No.4178,8-31-99)
November 7,2005
K:1)?eports�2005WA Reportsl I l-7-05WOA 05-1787(Courts of Wdtham).doc Boad of Adjustment
BOA 05-1787(Courts at Whitham)
Agenda Item 2
Page 6 of 18
PROJECT DESIGN CONSULTANTS INC .
October 17,2005
City of Fayetteville
Plamung Department
113 West Mountain Street
Fayetteville,AR 72701
RE: Courts at VAiitham LSD
Fayetteville, AR
PDCI Project No. 2004053
To Whom It May Concern:
I hereby formally submit a variance request for the reduction of the front setbacks that are required
along Whitharn Avenue and Douglas Street for the property of the southwest corner of W11itham
Avenue and Douglas Street.
Along VAiitham Avenue, a front setback reduction of eight (8) feet is requested, thereby leaving a
total front setback of seventeen (17) feet.
Along Douglas Avenue, a front setback reduction of fourteen (14) feet is requested, thereby leaving
a total front setback of eleven (11) feet.
The following square footages only reflect the amount of square footage of the building to be
demolished and of the proposed building on the first level:
Existing Building Square Footage: 1,646 SF
Proposed Building Square Footage: 8,500 SF
The proposed building square footage includes an interior landscaped area that is open to above.
Required Parking Spaces: 46—84 Spaces
Proposed Parking Spaces: 58 Spaces
Sincere
J
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J u Jesne,PE.
t; Ic
AErr Ject Design Consultants, Inc.
130 N. Main Street
Cave Springs, AR
cc: File (2)
November 7,2005
Boad of Adjustment
130 MAIN ST - CAVE SPRINGS, AR - 72718 BOA 05-1787(Courts at Whitham)
Agenda Item 2
PHONE: 479-248-1161 - FAX: 479-248-1462 Page 7 of 18
PROJECT DESIGN CONSULTANTS INC .
October 17, 2005
City of Fayetteville
Board of Adjustments
Attn: Michael Andrews
Chairman
RE: Courts at VAiitham LSD
Fayetteville,Arkansas
PDCI Project No. 2004053
Dear Mi. Chair,
Project Design Consultants as a representative of the developer and land owner,Mr. Greg House,is
requesting that a variance be granted for the setback requirements on the property located on the
southwest corner of Whitham Avenue and Douglas Street. The site serves as a rental housing
property for die area.
Currently, the site houses multiple structures and is going through the City Planning Process for
Land Development. As a result of this process, the landowner is being made to give up a portion
of his land for Right of Way purposes based on the Master Street Plan. This has added a hardship
to his property in the way of affecting how much area of his land he has to construct upon. The
front setbacks are based on the location of the right of way line. Due to the revised right of way
line, the front setbacks were relocated further into the property and, as a result, the existing
buildings are extending into the setback as would the proposed building for this site. Mr. House, the
landowner, and Mr. Rob Sharp, the architect, have designed a building and sitc that would conform
to all other planning requirements with the exception of the setback requirements.
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
based upon the protrusion of the existing buildings into the setback and reduction of constructible
area due to the Right-of-Way modification.
b. That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this ordinance.
All other properties in the surrounding area are pre existing and were not subject to the increase in
right-of-way, thereby allowing for the structures to be built closer to the road than our proposed
structure would be based on the new setbackrequirements.
The special circumstances are a result of the City's requirement for the additional right-of-way based
on the master street plan that is out of the control of the applicant.
November 7,2005
Boad of Adjustment
130 MAIN ST - CAVE SPRINGS, AR - 72718 BOA 05-1787(Courts at Whitham)
Agenda Item 2
PHONE: 479-248-1161 - FAX: 479-248-1462 Page 8 of 18
-2— Mardi 22,2005
It is the opinion of the applicant that die granting of the variance would allow for equal rights and
privileges as the other surrounding property owners currently enjoy and not confer any additional
privileges to the applicant.
Sincerow,--)
J ues$�PgE.2�
r tDesign Consultants, Inc.
130 N. Main Street
Cave Springs,AR
cc: File (2)
November 7,2005
Boad of Adjustment
130 MAIN ST - CAVE SPRINGS, AR - 72718 BOA 05-1787(Courts at Whitham)
Agenda Item 2
PHONE: 479-248-1161 - FAX: 479-248-1462 Page 9 of 18
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November 7,2005
Boad of Adjustment
BOA 05-1787(Courts at Whitham)
Agenda Item 2
Page 12 of 18