HomeMy WebLinkAbout2006-06-05 - Agendas ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item— Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions &Answer with Board
F. Action of the Board of Adjustment (Discussion & Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Adjustment on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Board
members the opportunity to speak and before a final vote is taken. Public comment will
only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Board of Adjustment.
2006 Board of Adjustment Members
Bob Nickle (Chairman)
Sherrie Alt
Robert Kohler
Eric Johnson
Karen McSpadden
William Chesser
James Zant
ARKANSAS'
ITye
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,June 5,2006 at 3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of minutes from April 3,2006 and May 1,2006 meetings.
New Business: .
1. BOA 06-2094:(CATROPPA,404):Submitted by Tony Catroppa for property located at 1305 N.GARLAND AVENUE. The
property is zoned C-1,Neighborhood Commercial,and R-O,Residential Office. The request is an appeal of the Zoning and Development
Administrator's interpretation that the proposed use is a bar instead of an eating place. Planner:Jeremy Pate
2. BOA 06-2095(McDONALD,520): Submitted by KEVIN T.&MELANIE J.MCDONALD for property located at 1840, 1880, 1902,
AND 1920 KAYWOOD LANE(LOTS 1-4 BLOCK 3 VALLEY VISTA SUBDIVISION). The property is zoned RMF-24,Residential
Multi Family and contains approximately 0.68 acres. The requirement is for 25'front setbacks. The request is for a 24'setback from
Kaywood Lane(a F variance)and a 23'setback from Gabbard Drive(a 2'variance)on lot 1,24'setback(a 1'variance)on lot 2,a 23'
setback(a T variance)on lot 3,and a 20'setback(a 5'variance)on lot 4 block 3 of the Valley Vista Subdivision.
Planner:Jesse Fulcher
3. BOA 06-2096(BALL COFFEE STORE,368): Submitted by MANDY BUNCH for property located at 1705 N.COLLEGE
AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.44 acres. The requirement is
for a 25'setback,the request is for a 16'setback(a 9'variance)along Sycamore Street. Planner:Jesse Fulcher
4. BOA 06-2097(HABITAT FOR HUMANITY,524):Submitted by HABITAT FOR HUMANITY OF WASHINGTON COUNTY
for property located at 401 E.6TH STREET. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains
approximately 0.20 acres. The requirement is for a 60'lot width.The request is for a reduced lot width of 58'.
Planner: Suzanne Morgan
5. BOA 06-2098(ASFAHL,486):Submitted by BRET PARK for property located at 121 W SKYLINE DRIVE. The property is zoned
RSF-4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.22 acres. The requirement is for a 15'front setback. The
request is for a 0'setback(a 15'variance.) Planner:Andrew Gamer
6. BOA 06-2099(CAHOON,485):Submitted by THOMAS P.CAHOON for property located at 120 N. WASHINGTON AVENUE.
The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.17 acres. The requirement is fora 25'
front setback,an 8'side setback and 60'of lot width. The request is for a 22'front setback(a Y variance)to accommodate a re-built porch
on an existing foundation,a 4'side setback(a 4'variance)and a 42' lot width(an 18'variance). Planner:Jesse Fulcher
7. BOA 06-2100(ELROD,409):Submitted by KATHRYN J ELROD for property located at 1434 LUNSFORD AVENUE. The
property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.36 acres. The requirement is for an 8'side
setback. The request is for a 3'side setback to the south and a 5'side setback to the north. Planner:Suzanne Morgan
8. BOA 06-2101(PROFFITT,446): Submitted by ANITA PROFFITT for property located at LOT B OF 800 N OLIVE AVENUE,ON
REBECCA STREET.. The property is zoned RSF4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.34 acres. The
request is to create two single family lots of approximately 7,499 s.f.and 7,490 s.f. The required lot area is 8,000 s.f.
Planner:Suzanne Morgan
9. BOA 06-2102(BAXTER,361): Submitted by JASON BAXTER for property located at 1985 PURVA,LOT 14 IN PHASE 8 OF THE
BRIDGEPORT S/D. The property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.31 acres. The
requirement is for 25'front setbacks on Purva and New Bridge.The request is for a 15'setback on Purva(E)(a I0'variance)and a 79"
setback on New Bridge(S)(a 17'1"variance.) 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 for hearing impaired are available for all public
hearings;72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330.
Tayet
BOA Meeting of June 05, 2006
125 W. Mountain St.
ARKANSAS
Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jeremy Pate, Director of Current Planning
DATE: May 30, 2006
BOA 06-2094: (CATROPPA,404): Submitted by Tony Catroppa for property located at 1305
N. GARLAND AVENUE. The property is zoned C-1,Neighborhood Commercial, and R-O,
Residential Office. The request is an appeal of the Zoning and Development Administrator's
interpretation that the proposed use is a bar instead of an eating place.
Planner: Jeremy Pate
Background: The subject property is located on the west side of Garland Avenue, near the
intersection of Mt. Comfort and Garland. The structure on the property formerly housed a beauty
parlor/barber shop, according to information provided by the applicant. Lucky Luke's Barbeque
and Tony C's Bar and Grill are also located on this parcel immediately south and north of the
subject building. The property is split-zoned, C-1,Neighborhood Commercial and R-O,
Residential Office. The applicant has submitted applications to the City of Fayetteville and
Alcoholic Beverage Control (ABC) Division to allow for a change of use on the property, one
which will apparently allow for the use and sale of alcohol.
Within the C-1 zoning district, a property or structure may be utilized for Eating Places, Use Unit
13, which includes "eating places, other than drive-ins, which do not provide dancing or
entertainment,restaurants and cafe's."This would allow for the sale of alcohol in conjunction
with the eating place, as long as the eating place function is the principal function. A tavern or
bar, as the applicant originally indicated as the intended use of the property with all applications
and materials submitted to the City, is not allowed within this zoning district. A bar maybe an
accessory use to the principal use of the property or structure,provided that the principal use is
maintained throughout the life of the operation of the establishment.An accessory use is defined
by the Fayetteville Unified Development Code as "a use on the same lot with, of a nature and
size of 50%or less, and customarily incidental and subordinate to, the principal use of the
structure."Upon being notified that a bar could not be permitted within this zoning district,the
applicant marked through the Certificate of Zoning Compliance application, indicating the use of
the structure would be an "eating establishment."Nothing else in the applications or floor plans
has been modified from their original submittal. The applicant has indicated to Planning staff that
food would not be prepared at this location. However, the applicant also indicated food would be
able to be ordered, delivered and served to patrons at this location from adjacent restaurants.
K:IReports120061BOA Reportsl06-05-061BOA 06-2094(Catroppa Appeal).doc
June 5,2006
Board of Adjustment
BOA 06-2094(Catroppa)
Agenda Item 1
Page 1 of 20
Based on information submitted for this building permit, Certificate of Zoning Compliance and
the liquor license as attached from Police Dept. records herein, it appears that this structure will
function primarily as a bar. This use falls under Use Unit 14 in the Fayetteville Unified
Development Code. Use Unit 14 is not permitted in the C-1 or R-O zoning districts. Pursuant to
Fayetteville Unified Development Code Ch. 152, the Zoning and Development Administrator is
required to administer and enforce the zoning and use conditions as adopted by the City Council,
which includes interpretation of the Unified Development Code. It is my interpretation based on
the information provided to date that the primary use of this structure will not be an eating
establishment but a bar, therefore can not be permitted within the C-1 zoning district.
Request: The applicant has appealed the interpretation of the Zoning&Development
Administrator with regard to the proposed use of the property located at 1305 N. Garland
Avenue. Staff has made the following findings in support of the interpretation that the property is
proposed to be used as a tavern/bar, which falls within Use Unit 14:
• On April 11, 2006, the applicant submitted a Building Permit Application and
Application for Certificate of Zoning Compliance to the Planning Division (see
attachment). The description of work and use of the building on the Building Permit
Application state "building a bar" and "smoking allowed bar,"respectively. The
Application for Certificate of Zoning Compliance states the intended use of the structure
was a"smoking bar."
• The floor plan attached to the document submitted for City approval indicates two pool
tables,restrooms, a bar and several tables within the structure. There is no food
preparation or staging area, kitchen, food disposal area or any other indication that food is
proposed to be prepared, provided for, or served to patrons of the proposed business.
• The definition of"restaurant" as found within Webster's Dictionary indicates "an
establishment where meals are served to customers." The New Illustrated Book of
Development Definitions offers the following definitions:
o Eating Place: Retail establishments selling food and drink for consumption on the
premises . . . selling prepared foods and drinks for immediate on-site consumption
o Restaurant: An establishment where food and drink are prepared, served and
consumed primarily within the principal building.
• ABC Regulations require an applicant to be very specific in their application for an on-
premise permit. The application states: "Describe the types of business and entertainment
activities (caf6/restaurant, pool hall, dancing, etc.) to occur on your permitted premises."
The applicant's response is included (see attached) and includes the following: "pool
tables-2,jukebox, video games, televisions."No mention of food service, cafe or
restaurant is made in this separate application. The application further states that"any
permit issued by this agency is valid only for the uses described in the original
application. Any material change in the outlet's operations or entertainment other than
K.Weports120061BOA Reporuft-05-061BOA 06-1094(Cafroppa Appeal).doc
June 5,2006
Board of Adjustment
BOA 06-2094(Catroppa)
Agenda Item 1
Page 2 of 20
originally listed in this application, without prior approval of the Director, shall be
grounds for the revocation for the permit...."
• Were the City Council to rezone this site to a zoning district suitable for a tavern/bar, the
parking provided on the site would still not allow for this use. With the 1817 SF of space
proposed to be utilized as a bar, 37 parking spaces would be required for this building
alone,based on the parking required in the Unified Development Code Ch. 172 for a bar
or tavern use. Two other businesses located in the area already share the nonconforming
parking area.
• The principal use of the property may not be a tavern/bar, pursuant to City Code,unless
rezoned and developed to allow this use, meeting all applicable city requirements. This
particular requirement can not be appealed to the Board of Adjustment.
The applicant disagrees with the interpretation that the proposed use of the property is tavern/bar
and states in the attached letter that the use of this property is to be for an eating place
(restaurant), which falls under Use Unit 13.
Required Action:
In accordance with Fayetteville UDC §155.06 and A.C.A. §14-56-416, the Board of Adjustment
is asked to consider this appeal and to take one of the following actions:
A) Affirm the interpretation of the Zoning &Development Administrator or
B) Reverse in whole or in part the interpretation of the Zoning& Development Administrator
From the Fayetteville Unified Development Code(UDC) Chapter 155 Appeals.
§155.06 Appeals From Staff Interpretations/Actions
(B) Anneals to the Board ofAdiustment The following interpretations and decisions maybe appealed to the Board
of Adjustment:
(1) ZonineandDevelonmentAdministrator-Zoning_. Any person agprievedbyan interpretation ordecision ofthe
Zoning and Develonment Administrator regarding zoning matters may appeal
K.IReponss 20061B0A ReporoM-05-061BOA 06-2094(Catroppa Appeal).doc
June 5,2006
Board of Adjustment
BOA 06-2094(Catroppa)
Agenda Item 1
Page 3 of 20
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June 5,2006
Board of Adjustment
BOA 06-2094(Catroppa)
Agenda Item 1
Page 4 of 20
ARKANSAS
7 04"'
aye
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
04 May 2006
Tony Catroppa ViaCer1 iiedMaH
8391 South Lakeshore Drive
Rogers,Arkansas 72756
Re: Plan Review Status Update: AP No. 23287 at 1305 North Garland,Fayetteville Arkansas
Dear Mr. Catroppa:
As the City of Fayetteville Zoning and Development Administrator it is my responsibility to determine if land
uses proposed in the City are compliant with the designated zoning for a property. The proposed`Mother's'
building permit at 1305 North Garland is designated with a split zoning of C-I and R-O.
Based on information submitted for this building pemrit and the liquor license,it appears that this structure will
function primarily as a bar. This use falls under Use Unit 14 in the Fayetteville Unified Development Code.
Use Unit 14 is not permitted in the C-1 or R-O zoning districts. The building permit application states that the
description of work is to build a bar, although the use of building is noted as an eating establishment. An
eating establishment is a permitted use in the C-1 zoning district. However, in order for a structure to be
permitted as such,the primary use is required to be an eating establishment. The floor plan submitted does not
depict a kitchen or food staging area,although as you have discussed with Planning staff food will be able to
be ordered and carried over into this structure from the two adjacent restaurants. It is my interpretation based
on the information provided that the primary use will not be an eating establishment but a bar. If you have
information contrary to this interpretation please submit it to Planning staff for review.
Pursuant to the Fayetteville Unified Development Code Section 155.06,my interpretation of this issue may be
appealed to the Board of Adjustment. This appeal must be made within 10 days of the Zoning and
Development Administrator's decision_ If you choose to appeal this decision please submit a written appeal to
the Board of Adjustment through the Planning Division.
If you have any qu ions or concems,please call meat(479)575-8267.
Sincerely,
G
Jere C. e
Direc or of Current Planning
Cc:Sergeant Jay Harter,Fayetteville Police(ihar er(a�ci.fayetteville.w-us)
AMG
June 5,2006
Board of Adjustment
BOA 06-2094(Catroppa)
Agenda Item 1
Page 5 of 20
Applications for
Certificate of Zoning Compliance
And
Building Permit
Floor Plan
K..IReportsk2006WOA Reports106-05-0600A 06-2094(Catroppa AppealJ.doc
June 5,2006
Board of Adjustment
BOA 06-2094(Catroppa)
Agenda Item 1
Page 6 of 20
APPLICATION FOR CERTIFICATE OF ZONING COMPLIANCE
The applicant must provide a site plan, drawn to scale, showing setbacks and measurements from overhangs
on all proposed structures,existing structures,utility easements,off-streetparking,driveways, landscaping and
other proposed permanent improvements like pools, hot tubs,heating or a.c. units,decks, carports,etc. The
distance from any proposed structure to property lines must be clearly indicated. Floor plans maybe required
for certain uses to verify zoning compliance.
NOTE.Property lines can be accurately determined only by survey The street is not the front property line
SECTION(A)ZONING REQUIREMENTS,
$PROPERTYZONED: SITE ADDRESS: r l
r bb/
*PROPERTY OWNER HO11E�PHONE:
$PROPERTY OWNER%SADDRESS: P CITY: CT STATE: �� ZIP: 2L
$NUMBER OF DWELLING UNITS: *IS THIS PROPERTY SUBJECT TO RESTRICTIVE COVENANTS? YES NO
*IF YES,HAS THE APPROPRIATE REVIEW BOARD APPROVED THIS PROJECT? YES NO
'NOTE:THE CITYDOESNOTENFORCE RESTRICTIVE COVENANTS THISINFORMATION ISF0RNO77FIC4TIONPVRP0SE9 ONLY.
THOSE NOT Ae-;r—
PPLII�/YNG FOR�A BUILDING PERMIT,PLEASE CONTINUB TO SECTION(L)OTHERWISE COMPLETEENTIREAPPLICATION
ASECTION(B)BUILDING SETBACKS,
XSETBACKS: FOR OFFICIAL USE ONLY:
$SCALE USED FOR SITE PLAN: PROPOSED: MINIMUM; COMMENT:
$PROPOSED BUILDING HEIGHT.- NORTH:
RARE THERE OTHER STRUCTURES EXISTING ON THE LOT? SOUTH:
- YES NO If yes,please describe: EAST'-
WEST:
AST:WEST:
M �,,J� SECTION(C)NON-RESIDENTIAL REOCHREMENTS• e •l I M._1I-ems
$BUSINESS NAME: M&Aet- BUSINESS PHONE:_ XdAl-e YL°'
$NAME ON LEASE: /� _PVJ .q�/ (,(/J.rP(, ROME PHONE:
$HOME ADDRESS: &3 qt
r Evtee ✓`P CITY: K(Y`�I.f' STATE:WQZIP:�
$INTENDED USE OF STRUCTURE,/srdox& PREVIOUS USE EOOF`ST`RRUCT—URE_:
$IS THE STRUCTURE VACANT? (YES )NO If yes,how long has the structure been vacant?
$IS THE BUSINESS A ROME OCCUPATION? YES NO Ifyes,provide:pettrdt ID#:. PC approval date:
$DOES THE USE REQUIRE AN AIR PERMIT FROM THE ARKANSAS DEPARTMENT OF ENWRONMENT QUALITY? YES `O
Ifyes,please provide a copy ofthe permit ���p�/\
$DOES THE USE PRODUCE AN ODOR? mc / Ifyes,please describe the odor.
:
$NUMBER OF EMPLOYEES _ ���/
$OUTDOOR STORAGE OF MATERIAL AND/OR EQUIPMENT? YESNO f yea,please describe;
$SQ.FT.OF TOTAL BUH.DING: Q�_ SQ. FT. OF YOUR BUSINESS: 06 O SQ.FT. OF EXPANSION:
*NOTE.When a Home Occupation or chg!%ofuse invites thepubliconto its premises by Aware advertisements
or otherwise then a Change ofOccupancr is required A Change ofOccupanev usua[!v fggEtresalteragensto briny
structure in to code compliance for the proposed occupanev Application for a Change of Occupancy can be
obtained from the Butldmg Safety Dtvtsron or at the City Web site.
June 5,2006
Loard of Adjustment
BOA 06-2094(Catroppa)
Agenda Item 1
400/bOQl - HTIIAWAUVA 30 ALIO BIER 9L4 6L6 YVA 9V:VT 90%V"T)kft
6.
BUILDING PERMIT APPLICATION Office Use Only
City of Fayetteville Building Safety Division Review Rcutin &A roval
113 West Mountain Street_ CO PA VAL
Fayetteville,AR 72701 DIVISION TO:. ISi=OK DATE
Phone:479-6756233 Fax 479-5756316 Plannin
�{ En ineerin
Date Submitted: 1A. Pani# V Landscs a
swrrmils
SITE ADDRESS: N • G kr 1"LAA Solid Waste
Zone: Lot: Block:_Subdivision: R.
Seo-Twn-Rng: Plat: Par#: In ctions
M� .'d
g3 a. S- 1,AKe YC driv /UI
rasa:Rl S L4 44 . u 72Fes: e Nurrtecare SretsdAmm�oas tlJS YeeR Reeidentlet
Work: _NEW _ADDITION TERATION `REPAIR _MOVING _DEMOLITION
_FOOTINGONLY _EXTERIORONLY _TENANT FINISH'_DESIGNMUILD OTHER_
'Residential: _Sktgle Fab51y _Multifamily,Condos(No.of units:_)Townbouse whero lot line _Other_
Valuation of Work Butldino Information
[Flumbing.
ding: $ JPO O #of Stories: _ Sum Total Area ad 0 sq.It
trical: s /SO O Height 12 i Taw Heato&Cooled: /S'0 O sq.ft
$fib 0 O Length: rO 4 Tow Unheated: Sd 0 sq.ft
hanical: $ Width: _ AddJAlt.Area: sq.ft
.: $ Slab Floor N Basement sq.ft.
l: $ O Structure: Wood �Metal_ Masonry Foam Form Other
Buerfmg will comply wdh Arkansas Energy Code Requirements(YeS NA):_ Well Insulation Type:Batt_ Cellulose_
is a retaining wait to be constructed?(Yes/No): F0CJ Engineering Approval:_
Is slope of site greater than 15%? (Yes/No):. IV Engineering Approval._
Flood Plain?(YeslNo):_Pt :Base Flood Elevation: :Lowest Finished Floor. Planning gpPmral
Public Sewer. _Y_N AR.Plbg.Approval#: Washing4on Co.Septic Appmvel#-
�"'� DESCRIPTION OF WORK: 6.
:Use of BuNdlnn: 4 Iff/✓ Previous Use: A/ h
OFFICE USE FOR PLAN REVIEWERS ONLY:
C
onstruction Type: Occupancy Group:
pancy Load: Fire Zone:
B rinldered: Y: N:
NOTICE-
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,MECHANICAL,AND SIGNS.
THIS PERMIT BECOMES NULL AND VOID IF WORWCONSTRUCTION AtrrHORIZED IS NOT COMMENCED
WITHIN 6 MONTHS,OR IF WORKICONSTRUCTION IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONTHS,
I hereby certify that i have read and examined this applloation and know the same to be We and coned All provlslons
of law and ordinances governing this We ofwork will be compiled with whether specified herein or 194. The grenting of a
ennti does not presume to give authority to violate of cancel the provisions of any other state or local lax regulating
conabuction or Bre performance of conabuctlorl.
ado dairnelereeHCe
(11M)
NOW inspection of permitted work may reveal code violations not discovered dudng plan review.
3
Junese06
Revised on 5/7/2003 Boardfn1tmntPerr4!tM U
(Catroppa).
500/Z00 Agenda Item 1
H'I'IIAH,LLHAV3 dO ALIO 9T£g SLS 6LV XVA 5D=6T 9011
1
r'fff BUILDING PERMIT APPLICATION
Office Use Only
a City of Fayetteville Building Safety Division Review Routing&A roval
- - 1.13 West Mountain street - COPY APPROVAL
Fayetteville,AR 72701 DIVISION TO: /S/=OK DATE
Phone:479575-8233 Fax:479-575-8316 Plannin
Date submftfed: V1. yL En Insertn� Permit V- Landsda e
SITE ADDRESS: V N. G�! �� SWfrrails
Solid Waste
Zone: Lot: Block:_Subdivision: Fire
Sec-Twn-Rng: Plat: Par#: Ins ectlons
or. a Ilno dress:
ZP: hone:.
J-6 Iry Ca4rs — 83 S. �AKe re ({flue 2 S 0 Y�1-2-36 3<d
s eer. mg i -
ono:
n cton
!ow eoil
SO V S- L14 Kgj 6,d1, tr 72tact ? 6^3�'0 \
Phone: Foe Cetl: State ConmtC s.Uoense
— Expires:
No rofR dentlal Permits ed In the State alArhansas Number.
this yeah � Residential:_NEW _ADDITION TERATION REPAIR - MOVING _DEMOLITION
FOOTING ONLY ._EXTERIOR ONLY _TENANT FINISH '_DESIGWBUILD � OTHER_
Residential: Single Family _Multifamily,Condos(No.of units: Townhouse w/zero lot line _Other_
Valuation of 7CD
Building Information
Building: $ S #of Stories: _ Sum Total Area - d 0
Electrical: $�. Height: sq tt
9 /Z Total Heated/Cooled: /S0.Q sq.g
Plumbing: -$moLength: s0 4 Total Unheated: -5'00Mechanical: $ sq'ftWidfh: �� Add./AIL Area: s9 tt
Misc.: $ Slab Floor. � N. Basement: sq.ft.
Total: $_t' Structure: Wood !/'Metal_ Masonry_ Foam Form_ Other
Building will comply with Arkansas Energy Code Requirements es/NA
CY ) _ Wall insulation Type:Balt_ Cellulose_
Is a retaining wall to be constructed?(Yes/No):
-&D Engineering Approval:_
Is slope of site greater than 15%? (Yes/No): N Engineering Approval:_
Flood Plaln?(Yes/No): _:Base Flood Elevation: •Lowest Finished Floor. Planning Approval:
Sewer. _Y _N AR.Plbg.Approval#: Washington Co.Septic Approval#:
=DESCRIPTION OF WORK: t i dd
I AL1 S,�w� eJcc tvtfvi�nn
I -
j ,Use of Buildlnp: r_evious Us_e:
G{a,Is OFFICE USE FOR PLAN REVIEWERS ONLY:
tMax.
=hours:
Occupancy Group:Flre Zone:
S rinldered: Y: N:
OTICE
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,MECHANICAL,AND SIGNS.
THIS PERMIT BECOMES NULL AND VOID IF WORK/CONSTRUCTION AUTHORIZED is NOT COMMENCED
WITHIN 6 MONTHS,OR IF WORWCONSTRUCTION IS SUSPENDED OR ABANDONED FORA PERIOD OF 6 MONTHS.
I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions
of law and ordinances governing this type ofwork will be complied with whether specified herein or not: The granting of a
. permit does not presume to give authority to Notate or cancel the provisions of any other state or local law regulating
construction or the p2dormanceofconstruction.
signemre r/Con od Au gent
Note:Inspection of permitted work may reveal code vlolaffons not discovered dudng plan review. -
June 5,2006
Board of Adjustment
- BOA 06-2094(Catroppa)
Agenda Item 1
Revised on 5/7/2003 Permit page 1 Page 9 of 20
Certificate of Owner
The undersigned certifies to be the owner of the real property
for which a site plan has been submitted to the City of
Fayetteville, Arkansas as part of a building permit application
and certifies that the structure to be built on said property will
be located as reflected on said site plan, will comply with all
setback requirements of the Fayetteville Zoning Ordinance
(Appendix C to the Fayetteville Code of Ordinances), and will
not encroach on any public utility easement. I understand
-that all inspections by City Inspectors will be made only to
determine compliance with construction codes and not to
assist the owner in properly locating the structure. I
acknowledge my responsibility to insure, by boundary line
survey if necessary, that the location of the structure will
conform to the site plan that is attached to the Building Permit
application and will meet all setback requirements of the
Fayetteville Zoning Ordinance, and will not encroach on any
public utility easement.
Signature of Owner
(date)
June 5,2006
JBoard of Adjustment
BO/{06-2094(Catroppa)
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Page 11 of 20
Application for
Retail Beer Permit
K.IReporls120061BOA Reports 106-05-061BOA 06-2094(Catroppa Appeal).doc
June 5,2006
Board of Adjustment
BOA 06-2094(Catroppa)
Agenda Item 1
Page 12 of 20
04/18/2006 09:10 501-682-2221 DFA ABC ADMIN PAGE 01/07
ASSIGNMENT She
Date Received 4-13-06
Date Assigned 4-13-06
Applicant Anthony F. Catnoppa D.b.B. 6-12-43
Home Address 8391 South Lakeshore .Drive, Rogers 72756
Home Phone 479-925-14.99 Business Phone Soc. Sec_ No.
Trade Name mothers
Former Trade Name
Business Address 1305 North Garland
City Fayetteville County washington
Type Investigation Retail Deer On Premises - New
Dancing, if requested
Remarks/Comments
Copies of Assignment and
Comment Form mailed to: Mayor Dan Coody & City Council,
Frank Johnson, Chief of Police
Tim Helder, Sheriff
Terry Jones, Prosecuting Attorney
Assigned to Investigator:
Stockholders/Partners:
- f June 5,2006
Board,of Adjustment
BOA 06-2094(Catroppa)
Agenda Item 1
- Page 13 of 20
G4/lb/GCVO VJ.lU JUi-OOG-«<1 ✓ .'. r�uv r-.✓i u �u� vcr yr
SCHEDULE A - TO BE USED BY INDIVIDUALS, MEMBERS OF CORPORATIONS, AND
PARTNERSHIPS IN CONNECTION WITH APPLICATIONS FOR
RETAIL BEER PERMIT
I submit answers to the following questions under oath:
1. Name Anthony F. Catroppa Sex H Date of Birth 6-12-43
2. Home Address 8391 S. Lakeshore Dr. , Rogers, AR 72756 Phone No479-925-1499
Street City zip
3. Are you a person of good moral character and reputation in your community? yes
4. Are you a CITIZEN or (PERMANENT RESIDENT ALIEN) of the United States? CIRCLE ONE
Social Security No. 430-56-7790 Green Card No. N/A
S. Are you a resident of the county in which'application has been made? no
If not, do you live within 35 miles of the premises to be permitted? yes
6. Have you ever been convicted of a felony? YES _ NO x If so, give full Information
N/A
7. Have you been convicted of any violation of any law relating to alcoholic beverages within the five (S)years
preceeding this application? YES_ NO x If so, give full Information
N/A
S. Have youhad any alcoholic beverage permit Issued to you revoked within the five (5) years preceeding
this ap liCation? YES xx N0 If so give full information Appl i cadt .has been found i n violation
of ABC Regulations in relation to other permt.tsbeld by applicant, the records of which are on
file at that office
9. Do you presently hold or have you ever held an alcoholic beverage permit(s)? yes If so, give name,
Mnthory Catr.Oppa Tory C s Italian Garden, Rogers, AR PC# ; Anthony Catroppa
piace dit umbe s)Platinnn Cabaret; Fayetteville, AR PC.# ; Anthony Catro a-White Star Tavern-
Faye ; Cae 1 lards, Rogers, . — a {Yj ,ePC# _Tony C s Bar & Grill,
10. Have you applied and been refused a permit at the applied for local on within theiast 12 months? No
If so, give full Information N/A
11. Marital Status: Single ( ) Married (nx ) Divorced ( ) Separated ( ) Other ( )
12. Furnish complete information regarding members of immediate family:
i3e)atlonshio Full Name Address OCcu a� tion
Wife Colleen Catroppa 8391 S-. Lakeshore Dr., Rogers, Ar Rest. Manager
June u....5 2006
Board of Adjustment
BOA 06-2094(Catroppa)
Acanda Item 1
Page 14 of 20
G`./ 10/ LUDO VJ. 1V JV1-OOL-LLLl L�fi nLV rw✓'1 �VV VViVr
AUTHORITY TO RELEASE INFORMATION
TO WHOM rr MAY CONCERN:
I understand that the Alcoholic Beverage Control Enforcement Division will conduct
a thorough background investigation before a final decision is made regarding my
eligibility to hold an alcoholic beverage permit. This investigation will include
inquiries as to my character, reputation, police record and the location and
feasibility of a permit being issued at the applied for location.
To facilitate this investigation, I do hereby give my consent and authority for any
credit agency, public utility or police agency to furnish information from their
records to the Alcoholic Beverage Control Enforcement Division and the Alcoholic
Beverage Control Board.
With regard to any credit reporting agencies which might be contacted, I
understand that I may Inquire as to the identification of those credit reporting
agencies contacted, and the Alcoholic Beverage Control Board will advise me as to
their identity and scope of information they furnished.
vfiw6�
Signatur Full N �
-
April 10, 2006
Date
8391 sj4KOghore Drive
Home Address
Rogers AR 72756
City State Zip
m
Mailing Address
same
City State Zip
479: 925-149_9
Home Phone Business Phone
Sworn and subscribed before me this 10th day of April 2006
,
oayP bli
My Commission Expires: or-Romsm
JUDY A.WARD
1-18-13 NOTARY PUEUC-AWANSAS June 5,2006
WASHINGTON COUNTY oard of Adjustment
t,ty�p�ggpNptgR®pf-t 6-2094(Catroppa)
Agenda Item 1
3 Page 15 of 20
04/18/2006 09: 10 501-682-2221 DFA ABC ADMIN PAGE 04/07
DESCRIPTION OF BUSINESS AND ENTERTAINMENT ACTIVITIES
*For all ON PREMISES permits — except private clubs*
NAME OF OUTLET MOTHERS
CITY FAYETTEVILLE COUNTY WASHINGTON
Under Section 1.33 of the ABC Regulations, any permit issued by this agency
is val_ i_d__ly fnr th,- uses described in the original application. Any material
change in the outlet's operations or entertainment other than originally listed
in this application, without prior approval of the Director, shall be grounds for
the revocation for the permit or other administrative penalties.
Describe the types of huair,Pcc and Pnt rtainment activities (cafe/restaurant,
pool hall, dancing, etc.) to occur on Your permitted premises. on the lines .
below. Use the back of this form if necessary.
If live entertainment is proposed, you must be very specific as to the
type and description of that entertainment, i.e., live bands, dancers,
etc.
Pool tables - 2
Jukebox
Video games
Televisions
I`
June 5,2006
Board,of Adjustment
BOA 06-2094(Catroppa)
Agenda Item I
Page 16 of 20
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Agenda Item 1
Page 17 of 20
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Board of Adjustment
Feet BOA 06-2094(Catroppa)
Page 18 of 20
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A enda Item 1
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June 5,2006
Board of Adjustment
BOA 06-2094(Catroppa)
Agenda Item 1
Page 20 of 20
BOA Meeting of June 5,2006
.7aye 1anKA1ti s as 125 W. Mountain St.
Fayetteville,AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS Telephone:(479)575-8267
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: May 24, 2006
BOA 06-2095 (McDONALD, 520): Submitted by KEVIN & MELANIE J. MCDONALD for
property located at 1840, 1880, 1902 AND 1920 KAYWOOD LANE (LOTS 1-4 BLOCK 3
VALLEY VISTA SUBDIVISION). The property is zoned RMF-24,MULTI-FAMILY—24 UNITS
PER ACRE and contains approximately 0.68 acres. The requirement is for 25'front setbacks. The
request is for a 24' setback from Kaywood Lane (a V variance) and a 23' setback from Gabbard
Drive(a 2' variance)on lot 1, a 24' setback(a 1' variance) on lot 2, a 23' setback(a 2' variance)on
lot 3, and a 20' setback (a 5' variance) on lot 4 of the Valley Vista Subdivision.
Property Owner: KEVIN & MELANIE J. MCDONALD Planner: JESSE FULCHER
RECOMMENDATION:
Staff recommends approval of the requested front setback variances as shown on the attached
drawing with the following conditions:
1. Future alterations or additions to the existing structure shall meet required building
setback regulations, unless otherwise approved by the Board of Adjustment.
2. All required permits shall be granted prior to any construction or repair of the
existing structures.
Additional Conditions/Comments:
The^CONDITIONS OF APPROVAL"listed in this report are accepted in total:without exception by the
entity,requesting approval of this variance.
Name: Date:
K:I Repor8110061 ROA Repor(s106-05-061ROA 06-2095(McDonald).doc
June 6,2006
Board of Adjustment
BOA 06-2095(McDonald)
Agenda Item 2
Page 1 of 20
BARD=O DJUS 1V 111 L TIVANk �pgra ed emad L 3 a) e
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Date. -3unc� X006
BACKGROUND:
Property Description: The four(4)multi-family structures were constructed between 1969 and 1972
and are located at 1840, 1880, 1902 and 1920 Kaywood Lane (Lots 1-4 Block 3 Valley Vista
Subdivision). Review of the building permits indicate that the buildings were permitted with a
minimum 25' front setback off of Kaywood Lane and Gabbard Drive. However, a survey of the
properties has revealed minor encroachments into the front building setbacks.
Proposal: The applicant requests five(5)variances from the front setback requirement of 25' for the
purpose of bringing the nonconforming structures into compliance,so that the property owners can
sell the property. The requested variances for each building are depicted in Table 1.
Table 1
Variance Request from Front Setback(north)
Building Ordinance Requirement Existing Setback Variance Request
Lot 1 -1920 Kaywood 25' -From Gabbard Dr. 23' 2'
Lot 1 -1920 Kaywood 25'-From Kaywood Ln. 24' 1'
Lot 2-1902 Kaywood 25'- From Kaywood Ln. 24' 1'
Lot 3-1880 Kaywood 25'- From Kaywood Ln. 23' 2'
Lot 4-1840 Kaywood 25'-From Kaywood Ln. 20' 5'
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
from Site
North Residential RMF-24, Residential Multi-family
South Residential/Commercial RMF-24/C-2, Thoroughfare Commercial
East Residential/Commercial RMF-24/C-2, Thoroughfare Commercial
West Residential RMF-24, Residential Multi-family
GENERAL PLAN DESIGNATION: Residential
SECTION 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
K:lReports120061BOA Repo,ts106-05-06WA 06-1095(McDonald).doc
June 6,2006
Board of Adjustment
BOA 06-2095(McDonald)
Agenda Item 2
Page 2 of 20
other lands, structures or buildings in the same district.
Finding: Special conditions do exist for this property,which are not applicable to other
lands in the same district. The approved building permit site plans specify 25'
building setbacks along the front property lines and are attached to this report.
The builder at the time of construction was aware of the setback requirements;
however, due to miscalculating the setback line the structures were erected
within the front building setbacks. Staff finds that the preexisting nature of the
encroachments into the building setbacks constitutes a special circumstance
peculiar to the land and buildings involved.
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
structures. Staff finds that these limitations would deprive the applicant of
certain rights commonly enjoyed by others within the same zoning district. If
the variances are not granted,the current owner will have difficulty selling the
property,because the owner must disclose the findings of the provided survey.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: The special conditions or circumstances are not the result of the actions of the
applicant. The applicant purchased the properties in 2004, approximately 30
years after construction. It was the original builder that miscalculated the
setback distance during construction. The original site plan submitted for a
building permit shows structures meeting all setback requirements.
4. No Special Privileges. That granting the variance requested will not confer on the
applicant any special privilege that is denied by Zoning,Chapters 160-165, to other
lands, structures, or buildings in the same district.
Finding: Granting the requested front setback variances will not confer special privileges
on the applicant due to the special conditions that resulted in the setback
violation.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or
buildings in the same district, and no permitted or nonconforming use of lands,
structures,or buildings in other districts shall be considered grounds for the issuance
of a variance.
Finding: No other nonconformities were considered as a basis of the findings stated in
K.IReports1200MBOA Reports106-05-0600A 06-2195(McDonald).doc
June 6,2006
Board of Adjustment
BOA 06-2095(McDonald)
Agenda Item 2
Page 3 of 20
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 June 5,2006.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that
will make possible the reasonable use of the land,building, or structure.
Finding: The requested front setback variances are the minimum variances necessary to
accommodate the existing structures on the subject property.
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 the variance will be in harmony with the general purpose and
intent of zoning regulations,and will not be injurious to the neighborhood. The
encroachments are minor and do not impede visibility for vehicular or
pedestrian traffic.
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: The multi-family use of each lot is permitted in the RMF-24 zoning district.
K:IReports120061BOA ReporaW6-05-061BOA 06-2095(McDona(d).doc
June 6,2006
Board of Adjustment
BOA 06-2095(McDonald)
Agenda Item 2
Page 4 of 20
161.13 District Rmf-24,Residential Multi-Family—Twenty-Four Units Per Acre
(A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the developing of
a variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit8 Single-family dwellings
Unit Two-family dwellings
Unit 10 Three-family dwellings
Unit 26 Multi-familydwellings
(2) Conditional uses.
Unit 2 Ci -wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 25 Professional offices
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 4 to 24
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
Lot within a Manufactured 50 ft
home park
Single-family 60 ft.
Two-family 60 ft.
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a mobile home park 4,200 sq.ft.
Townhouses
*Development 10,000 sq.ft.
-Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 7,000 sq.ft.
Three or more 9,000 sq.ft.
Fratemi or Sorori 2 acres
Professional offices 1 acres
K:IReporu1200600A Reportsl06-05-061BOA 06-2095(McDonatd).doc
June 6,2006
Board of Adjustment
BOA 06-2095(McDonald)
Agenda Item 2
Page 5 of 20
(3) Land area per dwelling unit.
Manufactured home 3,000 sq.ft-
Apartments:
tApartments:
-No bedroom 1,700 sq.ft.
*One bedroom 1,700 sq.ft.
-Two bedroom 2,000 sq.ft.
Fraternity or Sorority 1,000 s -ft.per resident
(E) Setback requirements.
Front Side Rear
ll 25 ft. 8 ft. 25 ft.
Cross reference(s)--Variance,Ch.156.
(F) Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary
line an additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area.None.
(Code 1965,App.A.,Art.5(111);Ord.No.2320,4-6-77;Ord.No.2700,2-2-8 1;Code 1991,§160.033;Ord.No.4100,§2(Ex.A),6-16-98;Ord.
No.4178,8-31-99)
K:1 ReportsldOWBOA Reports106-05-061BOA 06-2095(McDonold).doc
June 6,2006
Board of Adjustment
BOA 06-2095(McDonald)
Agenda Item 2
Page 6 of 20