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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 G.I EMDevelopment Services ReWew120120evelopment Review112-4111 BOA 4944 W.Persimmon St(LNC Feilows§AWdM)9tment 07-20121Comments and Redlines September 10,2012 Agenda Item 2 BOAl2-4209 Perea Page 1 of 12 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: G:ETCIDevelopmem Services Review120120evelopmenl Review112-4111 BOA 4944 W Persimmon St(LHC Fellow.0"011of Adjustment BOA105-07-20111Comments and Redlines September 10,2012 Agenda Item 2 BOAl2-4209 Parse Page 2 of 12 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 G:IETCIDevelopment Services Revie 120121Development Reviewll2-4111 BOA 4944 W.Persimmon St(LHC Fellow.Flttmbf Adjustment BOA 105-07-10121Comments and Redlines September 10,2012 Agenda Item 2 BOAl2-4209 Parse Page 3 of 12 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 G:IETCIDevelopment Services Review12012IDevelopment Reviewl72-4111 BOA 4944 W Persimmon St(LHC FellowffOAt96f Adjustment BOA 105-07-20121Comments and Redlines September 10,2012 Agenda Item 2 BOAl2-4209 Parse Page 4 of 12 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. G:IETCIDevelopment Services Reviewl20111Development Reviewll2-4111 BOA 4944 W.Persimmon St(LHC Fe11oWffdAd bf Adjustment BOA 105-07-20121Comments and Redlines September 10,2012 Agenda Item 2 BOAl2-4209 Parse Page 5 of 12 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) G:TTCIDevelopment Services Review1201211)evelopment Reviewl12-4111 BOA 4944 W. Persimmon St(LHC Fellowf;440dbf Adjustment BOA105-07-20111Comments and Redlines September 10,2012 Agenda Item 2 BOAl2-4209 Perea Page 6 of 12 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 I � i N � t I i r 10' t 14' i F i 26 [4 H U ��r 4 ! 1 Zoning Lot Area:2 acres — Zoning Lot Width:200 fed /vlA�fer' S!*-c[ Plw RoW �onih� �et6ac�s ' W r J l f Late `' '3 �f rn1 TV , 681 Lot area:0.27 acre LotWidN:68 feet Cfrt¢e,' .o� " Q g�ch jjy;✓2 Board of Adjustment 1'o- 6br rn September 10,2012 — - — Agenda Item 2 -- - BOAl2-4209 Perea Page 8 of 12 r q.: - - ! Of 4 654c • t slµ. ti ri ' ti.Cr r � r BOAl2-4209 PEREA Close Up view I 1 1 a I I 0 rc I i r F ��+ I JEANFAY LN oil TRUAX LN MF-1 ,I 7 I 49�E ROCK LN SUBJECT PROPERTY r .J R#IF qw h L NICOLE LN 1 I. COPPER RIDGE LN d • I • ti Vie L000nd MU1fi,USB',Tra41llxisting�: , ; SUMTERDR �•• •� 'FU�Ur@Tull& � RSF-4 n Fayett@vll10 , Littli OAl2-4209 _ Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Oi trict Design Overlay Di trict O 121 250 600 Iso 1.0DO ------ Planning Area Feat Board of Adjustment q.pt.�h�rin 9n19 Agenda Item 2 BOAl2-0209 Parse Page 10 of 12 BOAl2-4209 PEREA One Mile View - " AND RD '- x 1 CINDY _ r , 1 � K T�NRD 2SUBJECT PROPERTY , - 148Fi , RID.O aRa � i � R arfFa R EN !:.. alp" Rsw� � = RBF R ; 1C a9F� RW-1 - 'a3Fi i1��4 cl- illA . o MESAST RW-1 W_ 3? _ WFE 1 �2 TRBHi ReF1 W4 I RSF-1 R 1 1 0 w ��11J1 Trails J U RSF-1 .-_... as:- ...RF111 o ....... .. I.- Muti Use % (Ex1 a Future TEQ�TTDR,L. a RSF-2 N NAMED ST Hillside-Hill V Overview Legend BOA 42-4209 Subject Property ---- -' T'ri , i Desi n Overlay District a � QeoAtz<zos �----: ' Boundary Plan iing Area .. A. w Fay tteville 31 " 0 0.25 0.5 1 M le%oard of Adjustment ep em er Agenda Item 2 BOAl2-0209 Perea Page 11 of 12 Board of Adjustment September 10,2012 Agenda Item 2 BOAl2-0209 Parse Page 12 of 12 • 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) GJETCIDevelopmenl Services Review120120evelopment Review1124210 BOA(First Security Bank_Co Uege)96&Wt f Afiiustment Adjustment109-10-20121Comments and Redhnes112-4210 PLNG Commenls.doc September 10,2012 Agenda Item 3 BOA124210 First Security Page 1 of 34 * 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: G-IETCIDevelopment Services Reviewt20l2lDevelopment Reviewi]2-4110 BOA(First Security Bank)College)1964A4rdt o(djustment Adjustmentl9-10-20121Comments and Redlines September 10,2012 Agenda Item 3 BOA124210 First Security Page 2 of 34 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, G:IETCIDevelopment Services Reviewl20l21Development Review112-4110 BOA(First Security Bank)College)1(964pgbt gjdjustment Adjustmen119-10-20121Comments and Redlines September 10,2012 Agenda Item 3 BOA124210 First Security Page 3 of 34 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". G:IETCIDevelopment Services Review120120evelopment ReviewI12-4210 BOA(First Security Bank)College)IgS#ffrfq afdjustment Adjustmen69-10-20121Comments and Redlines September 10,2012 Agenda Item 3 BOA124210 First Security Page 4 of 34 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. C:IETCIDevelopment Services Review120121Development ReviewU2-4210 BOA(First Security Bank)Co11ege)W8§W6(Afijustment Adjustment19-10-20121Comments and Redlines September 10,2012 Agenda Item 3 BOA124210 First Security Page 5 of 34 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 G:IETCIDevelopment Services RevieM20120evetopment Reviewll2-4210 BOA(First Securliy 80nk)C0ue9e48AT64Rjlustment Adjusimenil9-10-20121Comments and Redlines September 10,2012 Agenda Item 3 BOA124210 First Security Page 6 of 34 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. L':1LTCIUenrinpuienl Snrrires Rericw1211 f110erelapmenl Reriewt0-4210 BOA(f irsf Sertn il� BrnVk1C'ullegr)V o r Arl7rsunenrl%-1I1.2f1R1Conmten+s and Nerllinesd2 J September 110,0,220012 Agenda Item 3 BOA124210 First Security Page 7 of 34 D m M r- r m D O rri 77 O Z Z • R Agenda Item 3 BOA124210 First Security Page 8 of 34 C w y " S o o C m m � G1 C7 Z b m m °� w o o w O a (D < 5. N O CTS' O {�' g O ,�• Fy, .'+. n cwi O `'. w uai p. y �G b q 0 < C m a s °i n o < v, o '� 0- < ° 0 o m o ^ 7 �a_ i7 0 w m m m m O 7' O n N p• O. m C m o p m d C o O m n rte^, °• 'o„ d w p x M ° ti < ° Cr cCo a s 5. =4 9 E d a °atlm ° o ro O y o �y m o a s O W O O OS M iw.+ C < L' vii" n O m a p' 'C 1. ^ O cNo m 7 a m 'O Cr y a' Nn y 00 y a n aq :� r, rp d O N 7 a' ,Cj �G 7 fD W < O n ,..y d F 7 n w n G m N n 7 ,�'. Fi o. �i C * 00 O p' a z a ., 7 0 ° °CID C) a rJQ mm 0 0a o y m v w 7 aw a °• w c a s ?» ° M ,tea' o. 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Cr 0 Cr ^ m ° & w o a° c c ° o°oaq o ~ S A. y ^ a 0 O w n y ad d ^ m O C. y Board of Adjustment September 10,2012 Agenda Item 3 BOA124210 First Security Page 9 of 34 c y d o o w a g ro a a o. m a n rd a n0- 0 a ° o yCD. �. y _ O G Er a 7 t9 �. n m - - nCy* r+ 0 d y m ° a � P ^o n c p w rn a rr q a i* 7 0 m °7 L' m o am c a � •ly tryJ w t3 o a � �X M N oy � M � " ^° O p 0 wd d mwco ooao ro y P'y � a7 7 a• �J' �• r+ ti G. p m m O CL C� m 7 y ^ w m a m o w 5 o. a w w ° o � r ; n. a v w° p o4 d a b n. x M .o m a 4p 8 <o n fy C N o C n a ao N y s w a n W m in. p ma Cl E; o O r. ,.: �C a b m o m u y w c c °U o � o m Et w � s w. 'm m `�^' "a'tl ' rl °" °' A. � C d y a ^ ° � m M 5 w O. n Cl 0 o ^ O. w N N m o y _ w ^ 9 m °o x �y g o £ a m N i--i ti M G M p w a" a y a. 7 w Q b w 6. 7 � vp~i wpy n 0 y d m g tTlrb d n D m w o Cl w H ^ a. z w 5y 0 Cr P+ u7 ai 7 Na O ,b C. vi a n X 7 0. 7 rn m ei w �G C cD � w N n TJ n < CML a' r M N a ^ m '170, N 3 oa a ° N C m '0 < - n a d C n d b CF a ^? O 4. 0ZM rho m W O `CMn n 'D N � a 0 p oa Cl w < a W :3 O O Om ° w Oct aPr d c x w S. 5 S a . z ^ Board of Adjustment September 10,2012 Agenda Item 3 BOA124210 First Security Page 10 of 34