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HomeMy WebLinkAbout2013-01-07 - Agendas • Tae;ile 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, JANUARY 7, 2013 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the December 3, 2012 meeting. New Business: 2. BOA 12-4289 (723 N. OAKLAND AVE./ROSEHILL, 444): Submitted by RICHIE LAMB for property located at 723 NORTH OAKLAND AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 0.16 acres. The request is for a variance of the rear setback requirement. Planner: Quin Thompson 3. BOA 12-4291 (11 S. DUNCAN AVE./WEST CENTER, 483): Submitted by JORGENSEN AND ASSOCIATES for property located at 11 SOUTH DUNCAN AVENUE. The property is zoned RMF- 40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.12 acres. The request is for a variance of the building height requirements. Planner: Jesse Fulcher 4. BOA 12-4290 (SOUTHWEST CORNER OF STORER AND EAGLE/SMITH, 444): Submitted by EVAN NIEHUES for property located at the SOUTHWEST CORNER OF EAGLE STREET AND STORER AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY 40 UNITS PER ACRE. The applicant requests a variance of the lot area to subdivide the parcel into two lots. Planner: Andrew Garner All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(479-575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD (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 eel 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. 2013 Board of Adjustment Members Robert Kohler (Chairman) Jeff Hagers Evan Niehues Kristen Knight Tim Stein Matthew Hoffman Page 1 of 7 MINUTES OF THE BOARD OF ADJUSTMENT A meeting of the Board of Adjustment was held on December 3, 2012 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: November 5, 2012 Approved Page 2 New Business: BOA 12-4269 (422 W. CLEBURN ST./HILL, 445): Approved Page 3 BOA 12-4271: (11 N. COLLEGE AVE./FIRST SECURITY BANK, 484): Page 4 Approved BOA 12-4270 (339 N. WASHINGTON AVE./MCNAIR, 485): Page 5 Approved MEMBERS PRESENT MEMBERS ABSENT Bob Kohler Jeff Hagers Tim Stein Matthew Hoffman Kristen Knight Evan Niehues STAFFPRESENT Andrew Garner Jesse Fulcher Quin Thompson Jason Kelley The meeting was called to order at 3:45 PM. Upon roll call all members were present. Niehues arrived after approval of the minutes. Board of Adjustment January 7,2013 Agenda Item 1 12-03-2012 Minutes Page 1 of 8 Page 2 of 7 Approval of the minutes from the November 5, 2012 Board of Adjustment meeting. Motion: Board Member Knight made a motion to approve the November 5, 2012 Meeting Minutes. Board Member Hoffman seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Board of Adjustment January 7,2013 Agenda Item 1 12-03-2012 Minutes Page 2 of 8 Page 3 of 7 BOA 12-4269 (422 W. CLEBURN ST./HILL, 445): Submitted by HAMMER AND CHISEL, INC. for property located at 422 WEST CLEBURN STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.23 acres. The request is for a front setback variance to construct a new carport. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Board Member Kohler stated that the plan appears to have included a garage, that in this neighborhood it would be unusual for a home of this size not to have a garage. Matt Champagne, Applicant representative, said that the home had a garage at one time, but noted that it had been taken into the living area of the home at some point in the past with the addition of a raised floor, electricity, et c. He called it a `man cave'. Board Member Stein said that he had noticed a garage door was still in place. Matt Champagne responded that the owner intends to replace the garage door with wall, but not as part of the current project. Board Member Stein asked whether staff would reconsider the recommendation if it were likely that the previous garage could be used as a garage again, or if it had been recently converted. Thompson stated that research only turned up the original building permit for the home (1996), and that if a recent permit for the garage remodel had been found, then staff would likely have recommended against the variance. Motion: Board Member Hagers made a motion to approve BOAl2-4269 as recommended by staff. Board Member Niehues seconded the motion. Upon roll call the motion passed with a vote of 4-1-0, with Board Member Stein voting no. Board of Adjustment January 7,2013 Agenda Item 1 12-03-2012 Minutes Page 3 of 8 Page 4 of 7 The applicant representative for agenda item BOA 12-4270 was not present so the agenda was modified to hear BOA 12-4271 next. BOA 12-4271: (11 N. COLLEGE AVE./FIRST SECURITY BANK, 484): Submitted by FIRST SECURITY BANK for property located at 11 NORTH COLLEGE AVENUE. 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 for the development of a new bank. Jesse Fulcher, Current Planner, read the staff report. No public comment was presented. Board Member Kohler stated that the design had come a long way since the previous review and asked if the planter walls would count as frontage. Fulcher stated that the walls would not. Board Member Knight asked if there was a build-to line on Meadow Street. Board Member Kohler asked for a clarification on the build-to zone. Andrew Garner, Senior Planner, stated that each street has a build-to zone. Loren Shackelford, applicant, stated the bank is trying to redevelop on the lot and it has been a challenge with the downtown code and the corner lot configuration. Board Member Hoffman asked if the building was a standard bank design. Shackelford stated that it is custom for this site. Board Member Kohler asked if the canopy is included in the frontage. Fulcher stated that it should be included based on previous determinations with regard to canopy structures. Staff did not include the canopy in the frontage calculation presented in the staff report. Board Member Hoffman asked for a final building frontage percentage with the inclusion of the canopy. Fulcher stated 47%, when the canopy is included in the calculation. Board of Adjustment January 7,2013 Agenda Item 1 12-03-2012 Minutes Page 4 of 8 Page 5 of 7 Board Member Hagers stated that he appreciated the changes, including the walls and attached canopy. He supported the variance as long as the canopy was attached to the building. Motion: Board Member Hagers made a motion to approve BOA 12-4271 as recommended by staff. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 4-1-0, with Board Member Hoffman voting no. Board of Adjustment January 7,2013 Agenda Item 1 12-03-2012 Minutes Page 5 of 8 Page 6 of 7 BOA 12-4270 (339 N. WASHINGTON AVE./MCNAIR, 485): Submitted by BRET PARK for property located at 339 NORTH WASHINGTON AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acres. The request is for a variance of the rear and side setback requirements to construct a new detached garage and a variance to bring the existing residence into compliance. Andrew Garner, Senior Planner, gave the staff report. Bret Park, applicant, discussed the proposed variance request. No public comment was presented. Board Member Neihues discussed that it does not look like this is the minimum variance needed to make a reasonable use on the property. Board Member Stein asked if the proposed layout was a result of the applicant preserving trees. Bret Park, applicant, indicated that, no, they will be removing trees and vegetation. Board Member Knight asked if there are any unique factors on this site such as topography that should be considered. Bret Park, applicant, indicated, no. Malcolm McNair, property owner, discussed the nuisance noise from the adjacent grocery store. Board Member Hoffman asked about the two-foot side setback variance. Bret Park, applicant, indicated that the south variance would be the easies to give up. Malcolm McNair, property owner, indicated that the property owner to the south was in favor of the variance request. Board Member Stein asked about the fence along their rear property line. Malcolm McNair, property owner, indicated that it was a six-foot privacy fence. Board Member Kohler discussed that he would support the variance off of the rear property line but that the south side seems excessive. Board Member Hagers asked the owner if they could see into the grocery store parking lot. Board of Adjustment January 7,2013 Agenda Item 1 12-03-2012 Minutes Page 6 of 8 Board of Adjustment Meeting December 3, 2012 Page 7 of 7 Malcolm McNair indicated that, no, the fence blocks the view. Board Member Neihues indicated that he thought the two-foot variance to the south was too much. He also discussed that the storage on the garage encroaches into the setback and is not necessary to cover the vehicles. He indicated that it does not appear that the rear setback variance is needed. Motion: Board Member Hoffman made a motion to approve the variance for the existing house and the west setback as proposed and to deny the south setback variance for the new garage. Board Member Hagers seconded the motion. Upon roll call, the motion passed with a vote of 4-1-0, with Board Member Neihues voting `no'. There being no further business, the meeting was adjourned at 4:55 PM. Board of Adjustment January 7,2013 Agenda Item 1 12-03-2012 Minutes Page 7 of 8 Board of Adjustment January 7,2013 Agenda Item 1 12-03-2012 Minutes Page 8 of 8 TaTIM • eBOA Meeting of January 7, 2013 KKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: December 20, 2012 BOA 12-4289 (723 N. OAKLAND AVE.IROSEHILL, 444): Submitted by RICHIE LAMB for property located at 723 NORTH OAKLAND AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 0.16 acres. The request is for a variance of the rear setback requirement. Planner: Quin Thompson BACKGROUND: Property Description and Background: The subject property is located at 723 N. Oakland Avenue. The property is currently undeveloped, a previous residence having been demolished in recent years. The site has a strong slope to the southeast and contains one significant tree, a 30" Post Oak. This tree has been evaluated by a certified arborist, and found to be in good condition. The arborist report is attached. The applicant has obtained a building permit for the construction of one two-family home on this site, and a second two-family home on a separate adjacent parcel to the north. Both projects meet all City ordinances and requirements. As permitted the development plans require removal of the tree. At the request of neighbors and the City of Fayetteville, the applicant, at his own expense, agreed to explore ways to develop these sites while retaining the tree. In order to save the tree, the applicant has completely redesigned the site. The proposed design places one single-family home within the rear zoning setback. Table 1 shows surrounding land use. Proposal: As shown in Table 2, the request is for a 5-foot rear building setback for a new single-family home with a footprint of approximately 832 square feet where a 20-foot setback is required (a 15' variance). GJETCIDevelopment Services Review120120evelopmenl Reviewll24111 BOA 4944 W.Persimmon St(LHC Fellow&dg)YIf2Adjustment 07-20121Comments and Redlines Pd January 7,2013 Agenda Item 2 BOAl2-4289 Rosehill Page 1 of 12 Table 1 Surrounding Land Use/Zoning Direction from Land Use Zoning Site North,West, Residential RMF-40, Multi-Family East, South Residential Table 2 Variance Request Variance Issue Ordinance Requirement Applicant's Reguest Front Setback 20' 5' (15' variance) Public Comment: Staff has not received public comment on the variance request. The neighbors initially had concerns with the applicant's original construction plans, as noted earlier in this report. The neighbors have voiced no objection to staff about the current request. RECOMMENDATION: Staff recommends approval of the variance request to allow for the proposed rear building setback variance as indicated on the submitted siteplan, subject to the following conditions of approval: Conditions of Approval: 1. In order to preserve the 30" Post Oak that requires the building setback variance,the following shall be required: a. Construction, materials staging, and all utilities must be arranged on the site to limit adverse effects to the 30" Post Oak. b. Tree preservation fencing shall be erected at the extent of drip line prior to issuance of building permit, to remain in place until Certificate of Occupancy is granted. BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied Date: January 07,2013 Second: Vote: Note: G:I ETCIDevelopmenl Services Reviewl20l2lDevelopment ReviewII2-4189 BOA 713 N.Oakland Ave.(Rosehill)1014"AloQ7Adjustment 20131Comments and Redlines January 7,2013 Agenda Item 2 BOAl2-4289 Rosehill Page 2 of 12 FUTURE LAND USE PLAN DESIGNATION: City 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: (B)Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; Finding: Staff finds that special conditions and circumstances unique to this property cause undue hardship. There is a 30-inch diameter Post Oak in good condition in such a position that it makes site layout very difficult without removing the tree or approval of a building setback variance. (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: Granting the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The applicant proposes a reduced setback adjacent to unused and unimproved alley right-of-way for which the City has no improvements planned. It should be noted that the applicant's proposal will not encroach into the alley right-of- way. If the alley were ever improved, it could be utilized for access and potentially for solid waste collection. The variance will allow for the preservation of a significant tree in the middle of the site. This variance is in keeping with the spirit and intent of the City's ordinances and policies to preserve trees and develop in a sustainable and environmentally friendly manner. (C)Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land, building or structure. Finding: Staff finds that the variance being requested is the minimum setback adjustment that would be required to build the proposed single-family home and preserve the significant 30-inch Post Oak in the middle of the site, and that the home itself will have a modest and very compact footprint. G:IETCIDevelopmenl Services Reviewl2012IDevelopment Review112-4289 BOA 723 N.Oakland Ave.(Rosehill)101 KoAWot Adjustment 20131Comments and Redlines January 7,2013 Agenda Item 2 BOAl2-4289 Rosehill Page 3 of 12 (D)Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Staff has recommended conditions of approval, as listed on page two of this report to ensure preservation of the 30-inch Post Oak. (E) Non permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: The RMF-40 zoning district allows single family residential use. 161.15 District RMF-40,Residential Multi-Family—Forty Units Per Acre (A) Purpose. 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) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-familydwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi-family dwellings Unit 44 Cottage Housing Development (2) Conditional uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilites Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 40 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. 11 Lot within a manufactured home park 50 ft. /� G:IETCIDevelopmem services Review120120evelapmenl Reviewll2-4289 BOA 723 N.Oakland Ave. (Rosehill)101 Board/of Adjustment 20131Commenrs and Redlines January 7,2013 Agenda Item 2 BOAl2-4289 Rosehill Page 4 of 12 1Sin le-famil 60 ft. 1 Two-family 60 ft. Three or more 90 ft. Professional offices 100% (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-farriv .ft- Single-family 6,000 sq.ft. Two-family 6,500 sq.ft. Three or more 8,000 sq.ft. Fraternity or Sorority 1 acre (3) Land area per dwelling unit. Manufactured home park 3,000 sq.ft. Townhouses&Apartments No bedroom 1,000 sq.ft One bedroom 1,000 sq.ft. Two or more bedrooms 1,200 sq.ft. Fraternity or Sorority 500 sq.ft.per resident (E) Setback requirements. Front Side Rear The principal 8 ft. 20 ft. fagade of a building shall be built within a build-to zone that is located between 10 feet and a line 25 feet from the front propert line. Cross reference(s)--Variance,Ch. 156. (F) Building height regulations. BulldfDq Height Maximum 1 60 ft. Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area.None. (H) Minimum buildable street frontage. 50%of the lot width. (Code 1965,App.A.,An.5(IV);Ord.No.2320,4-5-77;Ord.No.2700,2-2-8 1;Ord.No. 1747,6-29-70;Code 1991,§160.034;Ord.No. 4100,§2(Ex.A),6-I6-98;Ord.No.4178,8-31-99;Ord.5028,6-19-07;Ord.5224,3-3-09;Ord.5262,8-4-09;Ord.5312,4-20-10;Ord. 5462, 12-6-II) G:IETCIDevelopmenl Services Review120120evelopment Reviewl 12-4289 BOA 723 N.Oakland Ave. (Rosehill)101 Boa�dlot Adjustment 20131Comments and Redlines January 7,2013 Agenda Item 2 BOAl2-4289 Rosehill Page 5 of 12 December 7,2012 Board of Adjustment Attn: Board Chair City of Fayetteville 113 W.Mountain St. Fayetteville,AR 72701 RE: Lot 5,Block 14,Rose Hill Addition, City of Fayetteville,Washington County,Arkansas Variance of the 20' rear setback requirement. Members of the Board, I am currently in the process of developing two lots on Oakland Street. Each of these two lots will contain(2)single family homes of±1,440 square feet and(4)off-street parking spaces. I am requesting a variance of the 20'rear setback requirement on lot 5 for construction of a single family home which will cross the setback by 15'. There is a large Oak tree which lies near the center of the two lots. At the request of my neighbors and Mayor Jordan I have developed a plan which will allow for the keeping of this tree. In order to protect the tree I must not disturb the soil directly underneath or adjacent to the tree,therefore my plans call for one of these homes to be placed within the 20' rear setback requirement. There is a 20' alley to the rear of the property,adjacent to the requested variance,which has not been developed due to the terrain and a number of large trees which would need to be removed. There are other neighboring properties with residences built within the 20' rear setback along this alley. At this time I request that the Board of Adjustment consider approval of a variance to the rear setback requirement which will allow for development of the property while maintaining this Oak tree. Sincerely, Richie Lamb Board of Adjustment January 7,2013 Agenda Item 2 BOAl2-4289 Rosehill Page 6 of 12 14813 Elkhorn Springs Rd. Tree Climbers Tree Service Fayetteville, AR 72704 479-841-3804 Jeremy Williams, ISA Certified Arborist Email: #SO-6263AT nwatreeclimberskgmail.com www.treeclimbersonline.net 12-10,2012 Richie Lamb 479-790-7902 Observations on oak in center of vacant lot on Oakland Ave. Lot is north east of corner of Oakland and Cleveland. Specimen is a large 30"DBH Post Oak(Quercus Stellata). Is in good shape currently and appears currently healthy. Being December the tree is in dormant stage and no leaves on the tree.Has moderate ice damage and a few remaining hangers. (Quote is attached for restorative pruning). Upon first examination there is a few patches of unusual looking bark in canopy. I then performed an aerial visual inspection on those areas. The bark is still alive in those areas and live healthy looking buds beyond the areas same as the rest of the tree. It appears to be either squirrel activity and or more likely a variety of smooth patch. Smooth patch is a fungal disease which only affects dead outer bark and is not health concern to the tree. In my site visit I showed Richie where the Tree protection zone should be to allow the tree to survive and protect the roots. No grading or construction should occur inside the farthest drip line on this tree. Except where we discussed there are a few longer leads that a small retaining will be built a few feet inside the extreme reaches to keep original grade under canopy and prevent cars from parking on that area and compacting the soil in the future.Which will be better in the long run for the tree even if a minor amount of roots might be slightly affected right now.If any roots are encountered they should be properly pruned and any tears cut back to allow proper healing/growth. These observations are only current outward visual observations and no guarantee of the health,safety or survival of a tree. Many factors play into a trees survival and all trees have an inherent amount of risk.We have had two years of extreme drought and that will definitely be a factor. 4" of mulch on the root zone will help retain moisture this summer and can be beneficial. Too much mulch or mulch up against the trunk however can be detrimental. Not required but can help a tree in periods of drought as well as deep soaking watering approx.twice a week if sufficient rainfall does not occur Restorative pruning Remove hangers and cut major tears back to proper unions as best possible. Minor crown raise on lowest leads to approx. 8ft Pruning and leave all debris on site where it falls $300 Pruning and remove debris $450 Site consultation $75 Sincerely, Jeremy Williams ISA Certified Arborist Board of Adjustment - January 7,2013 Agenda Item 2 BOAl2-4289 Rosehill Page 7 of 12 m 1 I � I I , � j 30 Po s+Dak E i i _ 1 I I I ` O V • I - Board of Adjustment January 7,2013 Agenda Item 2 BOAl2-4289 Rosehill Page 8 of 12 SANITARY SEWER INFORMATION + ROSE HILL ADDITION XEn SEWER MANHOLE 61 NW COR. J LW 1 HE COR. ®SEWER MANHOLE I I ER ELEV. - 1/2.04 I A INVERT 1N NORTH - f05.79 i? BLOCK Ia LOT t INVERT OUT SOUTH - 105.69 o BLOCK to g SEWER MANHOLE M2 Q N. RIM ELEV. - 95.66 INVERT IN NORTH - 87.71 rq INVERT OUT EAST - 87.61 INVERT IN WEST - 87.81 I STORM SEWER INFORMATION I STORM MANHOLE /f BENCHMARK INFORMATION i N. RIM ELEV. - 96.16 COTTON SPINDLE INVERT ELEV - 91.86 c WEST SIDE POWER POLE SEWER MANHOLE Y2 o i ELEV. 108.4 i N. RIM ELEV. - 95.68 �• INVERT ELEV - 9f.93 i HOUSE � a Yl I o x b I ^> IBENCHMMK �4 LOTS NUMBERED FOUR(4)AND FIVE(5)IN BLOCK 14,ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS,AS PER PLAT OF SAID ADDITION I � 589'59'24'E 140.05 —` -+'- ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER n i ' e M I no OF W ASHINGTON COUNTY,ARKANSAS. +. I p 8 BLD SETBACK _� r 9ED #I I o vE J nR -- 2-STORY o '0 °'^ FRAME HOUSE lk j o ti q W/ BASEMENT " a O (TO BE REMMO) ZZZ1 OpICA[IB - REIAxNIe eHl. STORM MANHOLE #1 'R OAKLAND AVENUE 5i ia• n• Oxi ` el (ASPHALT. 50' R/W) " ;"" 4 3o"Post Oak o, I I o I o j 1 C) r•nu __ __B _ BACK BLDSET I o moxa rn I APARTMENT BUILDINGmr°ve—•—/' — ' `—•—'—� I � X CHISELED "%" A. iInw N89'59'24"W �j ig I r TI FIRE HYDRANT POWER POLE GAS METER ATO —N0001'04"w s I O SET 1/2" IRON REBAR 50,00' r—t9.o' ISI caxwEa � a ® WATER METER ISI AT,yq 0 WATER VALVE 8 j • EXISTING IRON PIN SW COR. b ,A ,�� ig a�STORM MANHOLE /2 + COMPUTED CORNER LOT 7 , - ^ SE COR. ernI BLOCK 14 g/W -BLOCK-14 -A E ® SEWER MANHOLE -� 20.04' nmxxsrx 569'53'24'E 1 114000' + N69'S9'24'W _ 140.00 + 0 ELECTRIC BOX J' ,J taacBElE'sobxRr p:, �^ I O TELEPHONE PEDESTAL ® ELECTRIC METER I 6 STORM SEWER MANHOLE _CLLi'S/ELAN_D STREET -E- OVERHEAD ELECTRIC _._.-._._._._._.-e_.a>_.- -.- ♦-�eJ(ASPHAyl. `A'R/W)_._; .�.�.�.-.-.-.-.-.-.-._._.-._._.-._.-.-.-.-._.-b SEWER MANHOLE 62 -%- FENCE LINE -SS- SANITARY SEWER LINE SEWER MANHOLE 13-1 , —W— WATER LINE 01 20' 40' 60' FLOOD DESIGNATION: THIS PROPERTY DOES NOT LIE IN ZONE'AIAE'(SPECIAL FLOOD HAZARD DATE: 12/14/04 REVISED: PROJECT N0. AREAS INUNDATED BY 100-YEAR FLOOD)AS DETERMINED FROM THE I Alan Reid & Associates SCALE: 1-=20' 1 DRAWN BY.. JCC 04534 F.I R.M.MAP OF WASHINGTON COUNTY,ARKANSAS,AND INCORPORATED 118 South College Avenue AREAS,MAP NUMBER 05143CO092 D,EFFECTIVE DATE JULY 21, 1999. I Fayetteville. Arkansas 72701 NICKLE—HILL CRO UP B rd of Adjustment (479) 444-8784 Ja wary 7,2013 Benda Item 2 BOAl2-4289 Rosehill Page 9 of 12 Board of Adjustment January 7,2013 Agenda Item 2 BOAl2-4289 Rosehill Page 10 of 12 BOM 2-4289 ROS E H I LL Close Up View Cs Nor BERRYST OLM �. r. L AP - I' 11 ��'! la J ? II 1i EAGLE ST T j v _-_ -may - _ WIN P1 I SUBJECT PROPERTY 6 c-z C. ' 1 a I - IF �� .I ,J ALLt=1 OID - - -_?,� , � i RMF-40 I II �I it g I ��I 1 h CARAWAY ST Leg ' a N 6= Multi-Use Trail (Existing') T F�ture Trails iI] I!I lad IL 1I _ - - Fayetteville City Limits - m_= LUaPOAl2-4289 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict ------ Planning Area 0 75 150 300 450 600Feet Board of Adjustment January 7,2013 — Age da Ite 2 BOAl2-4289 Rosehill Page 11 of 12 BOAl2-4289 ROSEHILL One Mile View ELM ST RMF-24 -1 ELM ST R-o 1 I 11 MIF20 RMF BI It J_O D 'Q F-24 r_R G M� y' RSFd R-0 d 1 CAR ST u�7--''LQ ST •Q P {"MFz�V WF-24 �1 2 `-0 F-24 SFd r - n� _ 11 ��RSF-4Q LU I BER Fs F 4 F1 U ST R-0 Z II1A��h4 I (Q-1RSFd F� L AIR DRSF-0 I ASH ST RSF-0 P-t ; - RM _ aMlFad DAVIS ST ERPZI� I 4RSF4 'RSF4RSF4 J 4A$H ST Ir'"Zr 2 __, \ � RSF-0 I-1 2RPZD RMF3 RSF g F-0 RSFd CSpp I fir.%'- �.1 ELL DR -� 'c F 4 ;' O RSF-0 RSFd -RMF24 FO YLkAFE P-1 RSF-0W SKYLER DR asFd - Pt > ••'1' Q R(g{��2 RMFE W a.:•• ••w HENDRIX IRMF34 RMF-20 Y u RSF n n n> W P-1 ,•,,.• LpFr, FLEY S7 ST aMQ�SF-0 R N?L. asFd I �!WS - 415 1, � RSFd NQ RSFd F QMT aMF-24 ,kF HOLLYSL _ F R.O CEDAR ST N RSF'RMF-24 O,�Tc-1 RMF P-1 MEMO �'`dlSF RSF4 L S 4 gFd T d RSFd RSF' RO; -0C--ihk IM-2 RMF RS Q /p _ - + - -1 OLLY STZ rf RSF'y RSF-0 RM C2'1 r C 'RSFd-t -_: SUBJECT PROPERTY IA LN o O W Gi C-1 IR F RSF RSF' ' �B ' =RSF' -': RSF4 _ C-t _ 'I R W IIC R-0 -t RMFs4(9 RSFd RSF4 W RSF-0W R-O R RY STAI ¢RSF 4R O MIF 0 W ADAMS ST Q RSF W Q RSF-0R R-0 RSFd J (� RSF4 RSFd > ❑ C-1 BAX R L ¢ R o HAWTHORN STW Q z R-0c x ¢ RMF-24 2 F 1 P MF24 RSFdLICOL RSF4 �Q RSF' RSF4RPZDR t RSF' RSF' o RSF RSFd=RSF'R -RbsPg CTS O PROSPECTST > p.l RSFd R RSFd R 1+ RMF34•R1C3 ' � R F4 RSF-0 FA �R0 R-0 ST LOR CIR _ RSFd ¢ P1 R a I R R5 F-24 z LOUISE ST RMF-24. z 4 A N SFd>RSF-4 P-1R RSF' RSFd RSF-0RSF-0 Uj N RMF P-1 0 II-AST Q Q-$I_�t,,'�N T E RS ~ j RS F4 /1 RSFd I� sF'Q �- � F-0E-0 fRRMF�2 rC-2RS 3 a _ > cul OJ ELL RD r7 Ms F-0 RSF-0 RSF-0 `, P-1 N . d T Msc CPID p-I RSF'RPZ MARKHAM RD �� Ms Msc MCI' sF-0SUTTON S P2O RSF4 MSC MSC MSL M SC MSC MSC ALLEY 223_ t P 1 N c : � DIC. ON ST MSC RSFd RSF RSFy& DRRSF ,MSC MS Sd RQ RSF-0 ° 0MSC SC MSc MSC O MSC W Qtlf� R S ¢ to R. .� Le Ft Msc> SPRI S F-24aMF2a j 4 -2 MSC O MSL RMF 2 1 {M14G.gISa II RMF3 RMF-24 P_1 +`�oi � MscTERS JY MFE4- RSF F44 \`p -M•rP 1. MS J V- lQ RMF24 L�SHEP3 - - P rSl@ . -¢ N' RMF-24 RMF-26 RMF P 1 MSC MSLMS RMF-243�! MAINE tT R NO DIS RS _44 9' >WRMF-24 P-1R RA p_1 - -p -¢RMr-24 P_1 Pd <<DOG BLV sF-0tu R:Q,.. m: P t RMF-24 RMF-2l 1_!}RMI7CHELL ST_ c BLIC 545 L I_t �2 RMF-24 Overview Legend BOA 12-4289 Subject Property _I BOAT 2-4269 Desi n Overlay District � - - - Boundary _ _ _ Plan iing Area _ FayE tteville F 0 0.25 0.5 1 M lesoard of Adjustment Janua 7,2013 Agenda Item 2 BOAl2-4289 Rosehill Page 12 of 12 • aye evele BOA Meeting of January 7, 2013 AFYANSAS 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: January 2, 2013 BOA 12-4291 (11 S. DUNCAN AVE./WEST CENTER, 483): Submitted by JORGENSEN AND ASSOCIATES for property located at 11 SOUTH DUNCAN AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.12 acres. The request is for a variance of the building height requirements. Planner: Jesse Fulcher BACKGROUND: Property and Background: The subject property is zoned DG, Downtown General and RMF-40, Residential Multi-family, and is bounded by Center Street, Harmon Avenue and Duncan Avenue. This site is currently developed with an apartment complex, triplex and five single-family homes. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and ZAnin Direction Land Use Zoning from Site North Residential RMF-40,Residential Multi-family,40 du/acre South Residential RMF-40,Residential Multi-family,40 du/acre East Residential DG,Downtown General RMF-40,Residential Multi-family,40 du/acre West University of Arkansas RMF-24,Residential Multi-family,24 du/acre Proposal: The applicant proposes to redevelop the site with a new 5-story multi-family building and 7-story parking garage. Variance request: The Downtown General zoning district allows a maximum building height of 56 feet or four stories, whichever is less. The RMF-40 zoning district allows a maximum building height of 60 feet. Height, for any zoning district, is measured from the existing natural grade. The applicant has submitted several diagrams to illustrate the building height above existing grade. It should be noted that unoccupied space such as spires, cupolas, antennas, chimneys, or elevator shafts are excluded from the building height measurement. G:IETCIDevetopment Services Review120121Development Reviewll2-4291 BOA 11 S.Duncan Ave. (West Cent er)101 BOAI01-07- 20131Commenis and Redlinesll2-4291 PLNG Comments.doc Board of Adjustment January 7,2013 Agenda Item 3 BOAl2-4291 West Center Page 1 of 20 Table 2: Variance Request Variance Issue Requirement Applicant's Request Buildable Height(DG) 56 feet or 4 stories, 5 stories, up to 60 feet whichever is less Buildable Height(RMF-40) 60 feet 66 feet Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends in favor of height variance for the Downtown General zoning district, finding that the additional height adjacent to public streets will not adversely affect adjacent property owners, limit views of Old Main or historic downtown properties. Staff recommends denial of the height variance for the RMF-40 zoning district, finding that the permitted height allowance of 60 feet, in such close proximity to another property, could have an adverse impact. Allowing the building to exceed this allowable limit only increases the chances of negatively impacting the adjacent property. Conditions of approval: In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Staff recommends the following conditions: 1. The large, blank wall along Center Street shall be modified to include differing materials or colors, or presented as a mural or art piece, to create visual interest along this pedestrian connection. 2. The parking deck shall be sheathed with a green-screen as shown, and the percentage of unfinished concrete shall be limited by using alternative materials, such as the metal rails shown on the top floor. Furthermore, steps shall be taken to design the parking garage to limit vehicle headlights from shining into the adjacent property and residences, primarily on the lower floors. BOARD OF ADJUSTMENT ACTION: O Approved O Denied Date: January 7.2013 Motion: Second: Vote G:IETCIDevelopment Services RevieM20120evelopnent Revieu,112-4210 BOA(First Security Bank)CollegeJl 11 Board of Adjusrmentl9-10-20121Comments and Redlines Board of Adjustment January 7,2013 Agenda Item 3 BOAl2-4291 West Center Page 2 of 20 FUTURE LAND USE PLAN DESIGNATION: City 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: (B)Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; Finding: Height limitations exist in every zoning district, and like building setbacks are in place to limit the adverse impacts that a new structure could have on adjacent properties, or the public realm. In staff's opinion the basic height limits prescribed by a zoning district don't cause an undue hardship. The Downtown General district height restriction is unique, however. The applicant can construct a 56 foot tall building by right. However, because the building contains five stories and not four, a variance is required. The topography of this site is also challenging. The site rises approximately 20 feet from the intersection of Duncan and Center and then falls approximately 30 feet towards the southwest corner. These significant changes in grade make it difficult to comply with the height limit across every portion of the site. In one location the roof may be below the height limit and in another slightly above. (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: The intent of the zoning regulations, especially the Downtown General district, the comprehensive land use plan, and general policy,is to foster great urban design that is pedestrian friendly, increases infrastructure efficiency, and reduces suburban sprawl. This project meets these guidelines by placing density in an urban infill location, in close proximity to the University and downtown. The intent of the height regulations in the zoning code is for building to follow the natural grade of the site. This requires buildings to step up or down with the topography. The applicant's design does not follow the natural grade, but rather has a roof line at primarily the same elevation across the site. This design does not meet the intent of to preserve the aesthetic landform of the site. In staffs opinion, the granting of the variance will partially support the spirit and intent of the zoning ordinances. (C)Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land, building G:IETCIDevelopment Services Reviewt20l2lDevelopment Review112-4210 BOA(First Security Bank)College)Il I Board of Adjustment19-10-20121Cornmenis and Redlines Board of Adjustment January 7,2013 Agenda Item 3 BOAl2-4291 West Center Page 3 of 20 or structure. Finding: The variance request is the minimum variance necessary to allow the proposed structure to be developed. (D)Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Staff has recommended conditions of approval herein. (E)Non permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: The DG and RMF-40 zoning districts allow multi-family dwellings. (F) Specific Tests. The Board of Adjustment shall apply specific tests for the following variance requests: (1) Height variances in all districts. In addition to meeting all other normal requirements for a variance, an applicant seeking a height variance must establish the increased height of the proposed structure will not adversely affect adjoining or neighboring property owners, nor impair the beauty of Old Main, the historical churches on Dickson Street near East Avenue, nor otherwise impair the historic beauty and character of Fayetteville. Finding: In staffs opinion, allowing the building to be five stories and approximately 60 feet in the Downtown General district will not adversely affect adjoining property owners, and certainly not anymore than a 56 foot tall, four-story building. Furthermore, the portions of the building located in the Downtown General district are all adjacent to public streets, which provide adequate separation from adjacent buildings and properties. As shown in the attached elevations and axon diagram, there are only a few minor portions of the building that exceed the 56 foot limit, and in staffs opinion will not have any adverse impact on adjoining properties, nor impair views of Old Main or historic downtown properties. However, staff is concerned with the height proposed in the RMF-40 zoning district along the south property line. The parking deck is located approximately eight feet from the south property line, and approximately 28 feet from an adjacent two-story apartment building. This is very close for a 60-foot tall building, but nevertheless, allowed by right. Granting a variance to go taller than this in such close proximity to another property and building is inappropriate. Staff does not recommend approval of a variance to exceed the 60 foot height limit. G.IETCIDevelopment Services Review120120evelopmenl Review112-4210 BOA(First Security Bank)College)IlBoard1 Boardof A% Adjuslmen09-10-20121Comments and Redlines djustment January 7,2013 Agenda Item 3 BOAl2-4291 West Center Page 4 of 20 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 161: ZONING REGULATIONS Development 10,000 sq.ft. 161.15 District RMF-40, Residential Multi- Individual lot 2,500 sq.ft. Family— Forty Units Per Acre Single-family 6,000 sq.ft. Two-family 6,500 sq.ft. (A) Purpose. The RMF-40 Multi-family Residential Three or more 8,000 sq.ft. District is designated to protect existing high Fraternity or Sorority 1 acre density multi-family development and to encourage additional development of this type (3) Land area per dwelling unit. where it is desirable. (B) Uses. Manufactured home ark 3,000 sq.ft. Townhouses&Apartments (1) Permitted uses. No bedroom 1,000 sq.ft One bedroom 1,000 sq.ft. Two or more bedrooms 1.200 sq.ft. Unit 1 City-wide uses by right Fraternity or Sorority 500 sq.ft. per Unit 8 Single-family dwellin s resident Unit 9 Two-family dwellings Unit 10 Three-family dwellings (E) Setback requirements. Unit 26 Multi-family dwellings Unit 44 Cottage Housing Development Front Side Rear The principal 8 ft. 20 ft. (2) Conditional uses. facade of a building shall be Unit 2 Ci -wide uses by CUP built within a Unit 3 Public protection and utility facilities build-to zone Unit 4 Cultural and recreational facilities that is located Unit 5 Government facilities between 10 feet Unit 11 Manufactured home ark and a line 25 Unit 12 Limited business feet from the Unit 24 Home occupation front property Unit 25 Professional offices line. Unit 36 Wireless communications facilities Cross references)--Variance,Ch. 156. (C) Density. (F) Building height regulations. Units per acre 40 or less Building Height Maximum 60 ft. (D) Bulk and area regulations. Height regulations. Any building which exceeds 1 Lot width minimum. the height of 20 feet shall be set back from any ( ) side boundary line of an adjacent single family district, an additional distance of one foot for Manufactured home park 100 ft. each foot of height in excess of 20 feet. Lot within a manufactured home park 50 ft. Single-family 60 ft. (G) Building area. None. Two-family 60 ft. Three or more 90 ft. (H) Minimum buildable street frontage. 50% of the Professional offices 100 ft. lot width. (2) Lot area minimum. (Code 1965, App.A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. Manufactured home park 3 acres 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5224, 3-3-09; Ord. Lot within a 4,200 sq.ft. 5262,8-4-09;Ord.5312,4-20-10;Ord.5462, 12-6-11) manufactured home park Townhouses: CD161:1 Board of Adjustment January 7,2013 Agenda Item 3 BOAl2-4291 West Center Page 5 of 20 161.25 Downtown General (2) Lot area minimum. None. (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of (E) Setback regulations. uses found in the Downtown Core or Main Street / Center. Downtown General includes properties Front The principal fagade of in the neighborhood that are not categorized as a building shall be built identifiable centers, yet are more intense in use within a build-to zone than Neighborhood Conservation. There is a that is located between mixture of single-family homes, rowhouses, the front property line apartments, and live/work units. Activities and a line 25 ft.from the include a flexible and dynamic range of uses, front property line. from public open spaces to less intense Side None residential development and businesses. For the Rear 5 ft. purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. Rear,from center line 12 ft. of an aIle (B) Uses. (F) Minimum buildable street frontage. 50% of lot (1) Permitted uses. width. Unit 1 Cit -wide uses by right (G) Height regulations. Maximum height is 4 Unit 4 Cultural and recreational facilities stories or 56 feet which ever is less. Units Government facilities Unit 8 Single-family dwellings (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5312, 4-20- Unit 9 Two-family dwellings 10;Ord.5462, 12-6-11) Unit 10 Three-family dwellings Unit 13 Eating places Unit 15 Nei hborhood shopping oods Unit 24 Home occupations Unit 25 Offices,studios,and related services Unit 26 Multi-familydwellings 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 ermit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting rec clable materials Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes (C) Density.None (D) Bulk and area regulations. (1) Lot width minimum. Dwellin (all unit types) 18ft. CD161:2 Board of Adjustment January 7,2013 Agenda Item 3 BOAl2-4291 West Center Page 6 of 20