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
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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
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INVERT IN WEST - 87.81
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TO THE CITY OF FAYETTEVILLE,ARKANSAS,AS PER PLAT OF SAID ADDITION
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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
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------ 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
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Overview Legend BOA 12-4289
Subject Property
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BOAT 2-4269 Desi n Overlay District
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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