HomeMy WebLinkAbout2012-09-10 - Agendas a e e;lile
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, SEPTEMBER 10, 2012 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1.Approval of the minutes from the August 6, 2012 meeting.
New Business:
2. BOA 12-4209: (6575 Wedington Dr./Perea, 435): Submitted by ALVARO PEREA for property
located at 6575 WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURE
and contains approximately 0.27 acres. The request is for a variance from setback requirements to
bring the existing home into compliance and allow for the construction of a new carport.
Planner: Andrew Garner
3. BOA 12-4210: (11 N. College Ave./First Security Bank, 484): Submitted by FIRST SECURITY
BANK for property located at 11 N. COLLEGE AVE. The property is zoned DC,Downtown Core and
contains approximately 0.55 acres. The request is for a variance of the minimum buildable street
frontage. Planner: Jesse Fulcher
All interested parties may appear and be heard at the public hearings. A copy of the proposed
amendments and other pertinent data are open and available for inspection in the office of City
Planning(479-575-8267), 125 West Mountain Street,Fayetteville, Arkansas. All interested parties are
invited to review the petitions. Interpreters or TDD (Telecommunication Device for the Deaf) are
available for all public hearings; 72 hour notice is required. For further information or to request an
interpreter,please call 479-575-8330.
•
Taye evl e
ARKANSAS
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 to Comment/Discussion and Questions by the Board
F. Action of the Board (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 the staff and applicant
presentations. Public comment will only be permitted during this part of the hearing for
each item.
Once the Chairman recognizes you, stand and give your name and address. Address your
comments to the Chairman, who is the presiding officer. After all public comments have
been heard, the Chairman will direct your comments 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.
2012 Board of Adjustment Members
Robert Kohler (Chairman)
Jeff Hagers
Evan Niehues
Kristen Knight
Tim Stein
Matthew Hoffman
Page I of 3
MINUTES OF THE
BOARD OF ADJUSTMENT
A meeting of the Board of Adjustment was held on August 6, 2012 at 3:45 p.m. in Room
111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: July 2, 2012 Approved
Page 2
New Business:
BOA 12-4184: (3825 N. SHILOH/BUCK NEKKID, 174):
Page 3 Denied
MEMBERS PRESENT MEMBERS ABSENT
Robert Kohler Kristen Knight
Tim Stein Evan Neiheus
Jeff Hagers Matthew Hoffman
STAFFPRESENT
Andrew Garner
Quin Thompson
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
Board of Adjustment
September 10,2012
Agenda Item 1
08-06-2012 minutes
Page 1 of 4
Page 2 of 3
Approval of the minutes from the July 2, 2012 Board of Adjustment meeting.
Motion:
Board Member Stein made a motion to approve the July 2, 2012 Meeting Minutes.
Board Member Hagers seconded the motion. Upon roll call the motion passed with a
vote of 3-0-0.
Board Member Hoffman arrived late.
Board of Adjustment
September 10,2012
Agenda Item 1
08-06-2012 minutes
Page 2 of 4
Board of Adjustment Meeting
August 6, 2012
Page 3 of 3
BOA 12-4184: (3825 N. SHILOH/BUCK NEKKID, 174): Submitted by JOE BROOKS for
property located at 3825 N. SHILOH. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 2.61 acres. The request is for a variance from the
front setback requirements to allow for an outdoor stage.
Quin Thompson Read the staff report.
Mr. Will Houston spoke to the issue of hardship, saying that the very large size of the
restaurant was its own hardship, and the reason the building has remained empty for several
years. He said the business plan to make the location productive again calls for a large family
oriented recreation destination,including the restaurant.
He added that a fire department review of his music venue showed that the site would be
improved from a fire safety standpoint if the variance should be granted.
Mr. Kohler felt that the plan did not represent the `minimum variance' and that he could not
support it.
Mr. Hagers suggested moving the stage to the original approved location, and then seeking a
smaller variance.
The benefits of reducing the height of the stage such that it would no longer meet the
definition of a `structure' was discussed, as well as moving the light truss to another location.
Motion:
Board Member Hagers made a motion to deny BOA 12-4184. Board Member Stein
seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0.
There being no further business, the meeting was adjourned at 4:30 PM.
Board of Adjustment
September 10,2012
Agenda Item 1
08-06-2012 minutes
Page 3 of 4
Board of Adjustment
September 10,2012
Agenda Item 1
08-06-2012 minutes
Page 4 of 4
�a`e evi le BOA Meeting of September 10, 2012
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: September 6, 2012
BOA 12-4209: (6575 Wedington Dr./Perea, 435): Submitted by ALVARO PEREA for
property located at 6575 WEDINGTON DR. The property is zoned R-A, RESIDENTIAL
AGRICULTURE and contains approximately 0.27 acres. The request is for a variance from
setback requirements to bring the existing home into compliance and allow for the
construction of a new carport. Planner: Andrew Garner
BACKGROUND:
Property Description and Background: The subject property is located at 6575 Wedington
Drive, west of Double Springs Road and is zoned R-A, Residential Agricultural. This area
was annexed into the City by general election in 2006. There is an existing single family
home on this 0.27-acre property that was constructed in 1966, according to the Washington
County Assessor's office. The home does not have covered parking but has a driveway and
parking area directly in front of the home. A large portion of the property surrounding the
home has mature trees. The surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use/Zonin
Direction from Land Use Zoning
Site
North Pentecostal Church of God RSF-1, Residential Single Family
One Unit Per Acre
South Undeveloped (wooded) R-A, Residential Agricultural
East Single-family residence R-A, Residential Agricultural
West Undeveloped (wooded) R-A, Residential Agricultural
Proposal: The applicant has been renovating the home that was in disrepair. Part of the
proposed renovations include an expansion to the front (north) of the home to add a two car
carport to cover the areas where vehicles have historically parked in the front driveway
area. As indicated in the applicant's site plan and variance letter, the existing lot does not
meet the minimum lot width or lot area, and the existing home is in the front and side
building setbacks. The applicant is requesting variances to bring the existing lot into
compliance and to construct a new carport addition into the front building setback. The
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variance requests are listed in Table 2.
Table 2
Variance Rei luest
Variance Issue Requirement Applicant's Request
Lot Area(existing lot 2.00 acres 0.27 acres 1.73-acre variance)
Lot Width (existing lot 200 feet 68 feet 132-foot variance
North Front Setback
(existing home 35 feet 28 feet 7-foot variance
East Side Setback
(existing home 20 feet 16 feet 4-foot variance
West Side Setback
(existing home 20 feet 14 feet 6-foot variance
Front Setback(new
carport) 35 feet 6 feet(29-foot variance)
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends approval of the requested variances, subject to the following
conditions of approval:
1. The applicant shall be required to apply for a building permit and meet all
applicable building and development codes, other than the variances
approved, herein.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: ❑ Approved Ll Denied
Date: Seatember 10. 2012
Motion
Second:
Vote:
FUTURE LAND USE PLAN DESIGNATION:
Residential Neighborhood Area
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
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A. General Regulations/Application. A variance shall not be granted unless
and until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which
are peculiar to the land, structure, or building involved and which are not
applicable to other lands, structures or buildings in the same district.
Finding: The existing house was constructed and the lot was platted well before
the current R-A zoning district requirements. This property was
annexed into the City by general election in 2006, and the home was
constructed in 1966. Staff finds that the preexisting nature of the
encroachments into the building setbacks constitutes a special
circumstance peculiar to the land and building involved. In addition,
because of the lot layout and existing trees and existing driveway and
parking area, the most reasonable area for covered parking is over the
existing parking area, as proposed.
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 related to nonconforming
structures would limit the amount of improvements and additions to the
existing structure and would not permit the addition of covered
parking. Staff finds that these limitations would deprive the applicant
of certain rights commonly enjoyed by others within the same zoning
district to renovate the home and to have covered parking. It is a
commonly enjoyed right by other properties in the R-A zoning district
and in this western edge of Fayetteville to have covered parking
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The variance requests for the existing structure and lot are not the
result of actions of the applicant. This lot and others within the
surrounding area were platted and developed prior to current zoning
regulations.
4. No Special Privileges. That granting the variance requested will not confer
on the applicant any special privilege that is denied by Zoning, Chapters
160-165, to other lands, structures, or buildings in the same district.
Finding: Granting the variances to bring the existing structure and lot into
compliance will not confer special privileges as the residence was
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created well before current setback requirements. Granting the front
setback variance to allow the applicant to construct a two car attached
carport on the front of the house will not be a special privilege. Most
homes in the R-A zoning district and in this area on the outskirts of
Fayetteville have covered parking areas. Staff does not feel that the
applicant's request would be a special privilege and is a reasonable
request for the property owner.
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: Existing nonconformities were not 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, September 10,2012.
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 variances are the minimum variances necessary to bring
the existing nonconforming structure and lot into compliance and to
construct a two-car carport.
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 granting of variances for the existing structure and lot and the new
carport will be in harmony with the general purpose and intent of
zoning regulations and will not be injurious to the neighborhood or
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otherwise detrimental to the public welfare. The variances will allow
the owner to remodel the older home with covered parking, which will
be a benefit to the surrounding neighborhood. Structures in the area
are set back a variety of distances from Wedington Drive as they were
developed years ago prior to zoning and development regulations. The
addition of the carport into the front setback should not pose an
adverse visual impact to the streetscape or pose any safety issues to
vehicles or pedestrians.
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: Single-family dwelling units are a use permitted by right in the R-A zoning
district.
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Fayetteville Unified Development Code
161.03 District R-A,Residential-Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an
orderly transition to urban development has been accomplished; prevent wasteful scattering of
development in rural areas; obtain economy of public funds in the providing of public improvements and
services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase
scenic attractiveness;and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1 Cit -wide uses by right
Unit 3 Public protection and utility facilities
Unit Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 37 Manufactured homes
Unit 41 Accessory dwellings
Unit 43 Animal boarding and trainin
(2) Conditional uses.
Unit 2 Cit -wide uses by conditional use permit
Unit 4 Cultural and recreational facilities
Unit Government facilities
Unit 20 Commercial recreation,large sites
Unit 24 Home occupations
Unit 35 Outdoor Music Establishments
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
(C) Density.
Units per acre One-half
(D) Bulk and area regulations.
Lot width minimum 200 ft.
Lot Area Minimum:
Residential: 2 acres
Nonresidential: 2 acres
Lot area per dwelling unit 2 acres
E) Setback requirements.
Front I Side Rear
35 ft. 20 ft. 35 ft.
(F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however,
that any building which exceeds the height of 15 feet shall be setback from any boundary line of any
residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall
be measured from the required setback lines.
(G) Building area. None.
(Code 1965, App.A.,Ail.5(t);Ord. No. 1747,6-29-70;Code 1991,§160.030;Ord No.4100,§2(Ex. A),6-16-98;Ord.No.4178,8-
31-99;Oid.5029,6-19-07;Ord.5128,4-15-08;Ord.5195, 11-6-08{Oid 5238,5-5-09;Ord 5479,2-7-12)
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Alvaro Perea Jr.
1252 N. Cannondale Dr.
Fayetteville,AR 72704
985-665-7172 cell
Planning Division
Chair of the Board of Adjustment Variance
125 West Mountain St.
Fayetteville,AR 72701
479-575-8267
Attached: 1. Drawing of site plan of property with setbacks.
2.CD with PDF of site plan, PDF of copy of county parcel,copy of this letter(Microsoft word)
PDF of legal description,and application.
3. Legal description of property
4. Payment of$30.00 for$25.00 processing fee and$5.00 sign fee.
S. Copy of the county parcel map.
To:Chair of the Board of Adjustment Variance
Subject: 1.Variance of setbacks for 6575 W. Wedington Dr., Fayetteville, AR 72704
2. Bring lot into zoning compliance
3. Building a covered carport
I recently bought this house with the intentions of renovating it. I started working on it and did not know that it
was in the city.A city inspector saw us working on it and stopped by and informed us that this property used to be
outside of the city but was annexed in not too long ago, and that we needed a building permit. So, I went to apply for a
permit,but senior planner,Andrew Garner informed me that a permit could not be issued secondary to the current
zoning and setbacks.The property is zoned as agricultural,and thus has setbacks that fall within the house,which was
built prior to the new zoning. He suggested applying for this variance.
The main reason for the variance is to build a covered carport by extending the existing roof over the parking
area. Specifically,we are requesting a six-foot front building setback to construct a new two-car covered carport as
shown on the site plan.This would put us 55.5 feet away from the center of Wedington Dr. We feel like it is a reasonable
request because it is a common condition in this area to have a covered parking area.
The size of the lot does not permit many options for parking.The parking spot is in front of the house nearthe
front door.This is where the tenants have parked in the past, and this is where we want to build the carport.There is
not room on the sides because of the small dimensions, and because the center gable roof comes down very low on the
east side, and there is a big tree on the west side.
The house has 1130 square feet of living area and the proposed covered parking will cover 576 square feet,
enough for two automobiles. It will be an open parking area, no walls or garage.Again,we do not feel like it is a special
privilege to have covered parking since it is a common occurrence near this area. Please see attached drawing for more
details.
Thank you for your help and consideration.
Board of Adjustment
September 10,2012
Agenda Item 2
BOAl2-0209 Parse
Page 7 of 12
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1'o- 6br rn September 10,2012
— - — Agenda Item 2 -- -
BOAl2-4209 Perea
Page 8 of 12
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Agenda Item 2
BOAl2-0209 Parse
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Agenda Item 2
BOAl2-0209 Perea
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Board of Adjustment
September 10,2012
Agenda Item 2
BOAl2-0209 Parse
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•
aye evlle BOA Meeting of September 10, 2012
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Board of Adjustment
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: September 4, 2012
BOA 12-4210: (11 N. College Ave./First Security Bank, 484): Submitted by FIRST
SECURITY BANK for property located at 11 N. COLLEGE AVE. The property is zoned
DC, Downtown Core and contains approximately 0.55 acres. The request is for a variance
of the minimum buildable street frontage. Planner: Jesse Fulcher
BACKGROUND:
Property Description and Background: The subject property is located at the southwest
corner of N. College Avenue and E. Meadow Street within the boundaries of the
Downtown Master Plan area. The property is developed with an existing branch building
for First Security Bank. Surrounding land use and zoning is depicted in Table 1.
Table 1: Surrounding Land UsetZonin
Direction from Site Land Use Zoning
North Office/Retail Downtown Core
South Office/Retail Downtown Core
East Office Downtown Core
West Parking garage Downtown Core
Proposal: The applicant proposes to redevelop the site with a new 2,500 square foot
branch bank with drive-through and parking lot
Variance request: The Downtown Core zoning district requires a minimum buildable street
frontage* equal to 80% of the lot width. The subject property, a corner lot, has
approximately 322 linear feet of street frontage, which requires the total linear length of the
building to be 258 feet. The applicant is requesting approval of a variance to allow a total
building length of 56 feet, or 17% of the buildable frontage.
Table 2: Variance Request
Variance issue Re uirement Applicant's Request
Buildable street frontage 80% (258 feet) 17% (56 feet)
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* Minimum buildable street frontage. (Zoning) The minimum required percentage of a
property's street frontage, established by the underlying zoning district and measured in
linear feet, that is met by constructing a portion or portions of the vertical side of a building
within the build-to zone. Buildings may be constructed outside of the build-to zone after
the minimum required percentage has been met.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends denial of the requested variance, finding that the requested variance
is not the minimum variance necessary to make possible the reasonable use of the
property. There are unique conditions that make this site difficult to develop for a drive-
thru bank in compliance with the zoning regulations. However, staff has evaluated other
design options and has determined that the variance request can be reduced by either
moving the building to the northeast corner of the lot, and/or by designing a building with
a more linear footprint. Either option will increase the buildable street frontage and
decrease the variance request.
In addition, it is staffs opinion that this site design is contrary to the intent of the DC,
Downtown Core, zoning regulations, and the adopted policies of the Downtown Master
Plan and City Plan 2030. Following the adoption of the Downtown Master Plan the
Fayetteville City Council adopted four new zoning districts and rezoned the entire
downtown boundary. All of the new zoning districts included a minimum buildable street
frontage requirement. The minimum buildable street frontage was adopted to ensure
buildings, not parking, were the predominant feature adjacent to the public realm. In
fact, parking and building placement are discussed in detail multiple times in the
Downtown Vision document (see attached), because these elements can have a substantial
impact on the quality of the public realm and are unique to the downtown neighborhood.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied
Date: September 10, 2012 Motion: Second: Vote:
FUTURE LAND USE PLAN DESIGNATION:
Downtown Master Plan
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
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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: Staff recognizes that there are some unique aspects to developing a
bank and drive-through facility on a corner lot in the Downtown Core
zoning district. First, access to a drive-through requires a larger
maneuvering area than a standard parking lot, limiting the design
options on any site. Second, the fact that this site is a corner lot greatly
increases the street frontage and the corresponding minimum buildable
street frontage. The required building length (258 feet) far exceeds what
the owner needs to construct a branch bank, which is a use by right in
the Downtown Core zoning district.
2. Deprivation of Rights. That literal interpretation of the provisions of the
zoning regulations would deprive the applicant of rights commonly enjoyed
by other properties in the same district under the terms of the zoning
regulations.
Finding: Literal interpretation of zoning regulations would not deprive the
applicant of rights commonly enjoyed by other properties in the same
district. All properties within the Downtown Master Plan area are subject
to meeting a minimum buildable street frontage. Because of the unique
conditions discussed in the finding above, literal interpretation of the
zoning regulations would make it difficult to develop a drive-thru bank
and meet the zoning regulations.
3. Resulting Actions. That the special conditions and circumstances
do not result from the actions of the applicant.
Finding: The desire to construct a small branch bank building in the downtown
area, designed with 56 feet of building frontage on the street, is a direct
result of the applicant's design. The applicant could make changes to
the building design or building placement and reduce or eliminate the
need for a variance.
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 such a significant variance of the minimum buildable street
frontage, when there are options available to reduce the variance request,
will confer special privileges.
5. Nonconforming Uses. No nonconforming use of neighboring lands,
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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: Existing nonconformities were not 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, September 10, 2012.
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 variance is not the minimum variance necessary to make
possible and reasonable use of the property. Staff has evaluated other
design options and has found that the variance request can be reduced by
either moving the building to the intersection (the northeast corner of the
site), and/or by designing the building in a more linear fashion. Both
options will increase the buildable street frontage and decrease the
variance request.
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: In staffs opinion, the granting of the variance will not be in harmony
with the general purpose and intent of the zoning chapters. The
downtown zoning districts (including Downtown Core) were created
following the adoption of the Downtown Master Plan, which was
developed and adopted with support from the citizens of Fayetteville.
The purpose of the new zoning districts, supplemented by the
Downtown Design Overlay District standards, was to ensure that
re/development was consistent with the traditional urban fabric that
already exist downtown—"great streets with great addresses".
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The current proposal provides minimal interaction between the
building and the street, inconsistent with the vibrant urban character
downtown that was intended to be required for new development under
the downtown zoning regulations. The site design instead promotes
primarily automobile parking and a three-foot high screen wall
adjacent to the street, creating a suburban and uncomfortable
experience for pedestrians. Overall, the site design is consistent with
suburban development practices and is therefore in conflict with the
public welfare that was determined when the downtown zoning
regulations were adopted.
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 is recommending denial of the variance as proposed.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under
Zoning in the district involved, or any use expressly or by
implication prohibited by the terms of the zoning regulations in said
district.
Finding: A bank is a permitted use in the Downtown Core zoning district.
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Fayetteville Unified Development Code
161.23 Downtown Core
(A) Purpose. Development is most intense, and land use is densest in this zone. The downtown core is
designed to accommodate the commercial,office,governmental,and related uses commonly found in the
central downtown area which provides a wide range of retail, financial, professional office, and
governmental office uses.For the purposes of Chapter 96: Noise Control, the Downtown Core district is
a commercial zone.
(B) Uses.
(l) Permitted uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings
Unit 13 Eating places
Unit 14 Hotel,motel, and amusement facilities
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 19 Commercial recreation,small sites
Unit 24 Home occupations
Unit 25 Offices,studios, and related services
Unit 26 Multi-family dwellings
Unit 34 Liquor stores
Unit 44 Cottage Housin Develo ment
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre-approved uses.
(2) Conditional uses.
Unit 2 City-wide uses by conditional use
permit
Unit 3 Public protection and utility facilities
Unit 29 Dance Halls
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities
Unit 40 Sidewalk Cafes
Unit 42 Clean technologies
(C) Density.None.
(D) Bulk and area regulations.None.
(E) Setback regulations.
Front The principal fagade of
a building shall be built
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within a build-lo roue
that is located between
the front property line
and a Eric 25 It, from
the front property line.
Side None
Rear 5 d.
Rear, from center line 12 ft.
or an alley
(N) Minimmin buildable streetfronmge. 80%of lot width.
(G) Heigbl regulations. Maximum height is 12 stories or 166 feet whicli ever ix less.
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Agenda Item 3
BOA124210 First Security
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September 10,2012
Agenda Item 3
BOA124210 First Security
Page 9 of 34
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September 10,2012
Agenda Item 3
BOA124210 First Security
Page 10 of 34