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HomeMy WebLinkAbout2007-03-05 - Agendas ARKANSAS 7aye I 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,March 5,2007 at 3:45 p.m. Room 326,City Administration Building The following items will be considered: Approval of the minutes from the November 6, 2006 meeting. Old Business: 1. BOA 06-2411 (OWENS,447): Submitted by SCOTT&CARLA OWENS for property located at 718 N. CREST DRIVE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.47 acres. The request is for a T rear setback(an 8'variance) in order to construct a new 600 square foot detached studio/workshop. Planner: Andrew Garner New Business: 2. BOA 07-2492(ROOT SCHOOL GYMNASIUM,408): Submitted by CRAFTON TULL, SPARKS&ASSOC.for property located at 1529 MISSION BLVD. The property is zoned RSF-4,SINGLE FAMILY—4 UNITS/ACRE and contains approximately 0.90 acres. The requirement is for a 25' front setback off of Eastwood Drive. The request is for a 17' front setback(an 8'variance)to construct a new gymnasium. Planner:Andrew Garner 3. BOA 07-2509(TIM HURD,329): Submitted by MILLER,BOSKUS,LACK for property located at SW CORNER TOWNSHIP AND NORTH COLLEGE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 1.92 acres. The request is to bring an existing non-conforming structure into compliance before site modifications are made. Planner: Jesse Fulcher 4. BOA 07-2510(CANDLEWOOD HOTEL,559): Submitted by MEL MILHOLLAND for property located at S OF OLD FARMINGTON RDS. W OF SANG AVE AND N OF HWY 62(6TH ST.). The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 4.33 acres. The requirement is for a 20'rear setback. The request is for a 4'rear setback(a 16'variance)to construct a new hotel. Planner:Andrew Garner 5. BOA 07-2511 (CELL TOWER @ FIRE STATION 5,255): Submitted by TROY WILLIAMS&JASON STEEL CALLAHAN TOWER JOINT VENTURE for property located at SW CORNER OLD WIRE ROAD AND CROSSOVER ROAD. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 1.64 acres. The requirement is for a 25'setback. The request is for a 7'setback(an 18'variance.) Planner:Jesse Fulcher All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(479-575-8267),125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD 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. 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. 2007 Board of Adjustment Members Bob Nickle (Chairman) Sherrie Alt Robert Kohler Eric Johnson Karen McSpadden William Chesser James Zant i ?;71yvee, BOA Meeting of March 5, 2007 ee ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 28, 2007 BOA 06-2411 (OWENS, 447): Submitted by SCOTT & CARLA OWENS for property located at 718 N. CREST DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.47 acres. The request is for a 7' rear setback (an 8' variance) in order to construct a new 600 square foot detached studio/workshop. Property Owner: Scott and Carla Owens Planner: Andrew Garner RECOMMENDATION: Staff recommends denial of the requested rear setback variance based on the findings herein. Additional Conditions/Comments: Y�ite a .w BACKGROUND: February 5, 2007 BOA Meeting: This item was tabled at the February 5, 2007 Board of Adjustment meeting in order to allow the Board members adequate time to visit the site. Inclement weather prevented some Board members from a site visit prior to the meeting. Property description: The subject property is located at 718 North Crest Drive. It is 3/1/2007 Board of Adjustment BOA 06-2411 Owens Agenda Item 1 Page 1 of 10 located within the RSF-4 zoning district and was platted and developed in compliance with the requirements of this zoning district. Crest Drive is located on Mount Sequoyah and is within the Hilltop/Hillside Overlay District. A 2,488 square foot house was constructed in 1996 compliant with all required building setbacks. Proposal: As shown in Table 1, the request is for a 7' rear building setback for a new 600 square foot detached workshop/studio. A total of approximately 240 square feet of this new structure will encroach 8' within the rear building setback. The requested variance would allow a 7' rear building setback where a 15' setback is required (an 8' variance). Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request Rear Setback(HHOD) 15' 7' (an 8' variance) SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North, South, East, and West Single family detached RSF-4, Residential Single-Family — dwellings 4 units/acre GENERAL PLAN DESIGNATION: Residential FINDINGS: City of Fayetteville Unified Development Code 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 other lands, structures or buildings in the same district. Finding: Special conditions do not exist for this property related to the rear building setback. As a whole, the lot is of sufficient width and area to allow the construction of a single family dwelling,which has occurred. That the owner wants to construct a new detached 600 square foot workshop/studio is not a special condition of the property. Should other new development be proposed in the same district or on the same street, they would be required to conform to the 15' rear setback 3/1/2007 Board of Adjustment BOA 06-2411 Owens KlReports1200700A ReportsU-05-071BOA 06-2411(Ow m).do Agenda Item 1 Page 2 of 10 requirement as does the subject property. To grant a variance for encroachment of a new nonconforming workshop/studio on this lot would not be consistent with the intent of the City's zoning regulations to prevent and discourage nonconforming uses and structures (Fayetteville UDC 164.12), and to prevent accessory structures and uses from being constructed within required setbacks (UDC 164.02(A)(3)). 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 rear building setback would not deprive the applicant of rights enjoyed by other properties in the same district. This property has been utilized for single-family use for 10 years and can continue to be enjoyed in its current condition. Staff would recommend that the current owner modify the location and/or size of the new accessory structure to comply with the requirements of the RSF-4 zoning district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The requested variance is a result of the applicant's desire to construct a new accessory structure that would encroach within the building setback. Staff does not find that the shape and/or size of the lot, or topography, or any other issues presented in the applicant's request are a-special circumstance particular to this lot which would necessitate the need for a variance. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the requested rear building setback variance would confer special privileges on the applicant. There is not a special condition or circumstance that exists in this case that would be required for a variance of the rear building setback compared to other lots in the district in a similar condition. 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. 3/1/2007 Board of Adjustment BOA 06-2411 Owens K.IReporIA20071BOA Reports13-05-071BOA 06-2411(Owens).doc Agenda Item 1 Page 3 of 10 Finding: No existing nonconformities or other nonconformities were considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,March 5,2007. I 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 rear setback variance is not justified by the reasons set forth in the application. The applicant can still make reasonable use of the lot while complying with the required setbacks. There is adequate space for the applicant to construct an accessory structure; or addition to the exiting:home and still meet all required setbacks, or continue utilizing the existing dwelling that meets ordinance - requirements. 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: Granting the rear setback variance would not be in harmony with the general purpose and intent of zoning regulations that discourages creating nonconforming structures. Also see Findings No. 1, 2, 3, and 3.a. 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 denial of the requested variance. Should the Board of Adjustment choose to grant the request, staff 3/1/2007 Board of Adjustment BOA 06-2411 Owens Agenda Item 1 K:IReports120071BOA Reportsl3-05-07180A 06-2471(OwensJ.doc Page 4 of 10 recommends the following conditions of approval: I. Any new development shall comply with all zoning development regulations including building setbacks, except those varied by the Board of Adjustment and/or shown on the attached site plan. 2. A building permit shall be obtained prior to commencement of any construction. All existing structures, easements and utilities shall be located on the site plan submitted for building permit consideration. 3. A solid evergreen vegetative screen shall be planted between the new structure and the rear (east) property line, the species and location of which to be approved by the Urban Forester prior to building permit. The vegetative planting shall be planted at a density to become view- obscuring within two years from the date ofplanting. 4. Development on the property shall comply with all requirements specified in the Hillside/Hilltop Overlay District. 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 proposed use is for an accessory structure to a single family residence, a use permitted by right in the RSF-4 zoning district. 3/1/2007 Board of Adjustment BOA 06-2411 Owens Agenda Item 1 K:IReports120071BOA Reports13-05-071BOA 06-24I1(Owens).doc Page 5 of 10 City of Fayetteville Unified Development Code 161.07 District RSF-4,Residential Single-Family—Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 Cit -wide uses b right Unit 8 Single-famil dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family '.. dwellin s dwellin s Units per acre 1 4 or less 7 or less (D) Bulk and area regulations. Single-family e elation. Single-family Two-family dwellings dwellings - Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq.ft. 12,000 sq.-ft. Land area per 8,000 sq.ft. 6,000 sq.ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq.ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq.ft. 6,000 sq.ft. dwellin unit - E Setback requirements. 11 FRONT I SIDE 1 REAR 11 25 ft. 1 8 ft. 1 20 ft. ©lye ll k�T(Gy) KBW 13Ow.W�IR (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. (Code 1991,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4858,4-18-06) 3/1/2007 Board of Adjustment BOA 06-2411 Owens KlReportA20071B0A Reportsl3-05-07WOA 06-2411(Oivens).doc Agenda Item 1 Page 6 of 10 W 4 I ( Q O Uz w �' .,: •' �: r uj a (� W D --I a jL Z e �.'• 8 g o �Q X �Ld f- �� Ce: ®� ¢ t wZ¢ moF= � pE z < V U1 °°` . .°°. 4J 00DLLJ _•..e°°.° W . 111JWZLE Li O ] � o Q QL 1d :d D Y W ooU U) r l Q-H 02 I—o-H rn cl 11 . 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I BOA06-2411 OWENS Close Up View „aN s RSF-4 RSF-9 ' 7 All _ h} ` m SUBJECT PROPERTY RSF-4 N0CKW00D TrtL wt 2 ' Q 4 I II RSF-4 RSF-4 Overview Legend 0000000 Overlay OisUid—FLOODWAY----S O Y X — 100 YEN2 ---LIMIT OF STUDY - -Baseline Profile O Fayetteville Outside Cdy BOA06-2611 ve ocGDS.FoOWarl 2004 3/1/2007 Halsme-Mpop Overlay Dlsmct Board of Adjustment BOA 06-2411 Owens 0 75 150 300 450 600 Agenda Item 1 Feet Page 9 of 10 BOA06-2411 OWE N S One Mile View R-ai 61 G2ti IW J: + e5HST RARJ_ C 1 �j; OC$ RSF r 8LY£ y ! i Il 1 C-1�. � ij �RSF? , Y Ir 0, _. :ai RSff�r ,.� _ ` SUBJECT PROPERTY ��I I _ MAtt9A 5 y l L � I PSFd't RySF4 Tom. ! —�F — t._1R t•- a_.t 1 — � i flSFd.. � PF9)<�Pr fI fRd LL R'rt5 _ F a�� \RSFd_' PPHIRE - .� _-1 0 O3 RPID R ,jam -- �•l Y WY a P t — R 24 RFff-2E r'"q! p4' t RPID Overview Legend Boundary - ---' Subject Property %-,Planning Area ---- BOA06-2411 X0003 ,$Overlay Distnct F-1 Outside City Legend --------- i® Hillside-Hilltop ON erlay District 3/1/2007 Board of Astment O 0.25 0.5 1OA 06-2411 Owens --' Agenda Item 1 M les Page 10 of 10 :. € BOA Meeting of March 5, 2007 RtiKAN5R5 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate,Director of Current Planning DATE: March 1, 2007 BOA 07-2492 (ROOT SCHOOL GYMNASIUM, 408): Submitted by CRAFTON, TULL, SPARKS & ASSOC. for property located at 1529 MISSION BLVD. The property is zoned RSF-4, SINGLE FAMILY — 4 UNITS/ACRE and contains approximately 0.90 acres. The requirement is for a 25' front setback off of Eastwood Drive. The request is for a 17' front setback (an 8' variance) to construct a new gymnasium. Property Owner: Fayetteville School District Planner: Andrew Garner RECOMMENDATION: Staff recommends approval of the requested 8' front setback variance for a total 17' building setback adjacent to North Eastwood Drive with the following conditions of approval: Conditions of Approval: 1. Any new development shall comply with all zoning development regulations including building setbacks, except those varied by the Board of Adjustment and/or shown on the attached site plan. 2. A building permit shall be obtained prior to commencement of any construction. All existing structures, easements and utilities shall be located on the site plan submitted for building permit consideration. 3. An approved conditional use permit to allow the proposed gymnasium in the RSF-4 zoning district shall be required prior to issuance of a building permit. 4. This variance is limited to the 8' encroachment of the front building setback adjacent to Eastwood Drive building setback, and does not grant a variance off of Mission Boulevard. Prior to building permit the site plan shall be revised to show 55'right-of-way from centerline 3/1/2007 Board of Adjustment BOA 07-2492.Root School Gym. Agenda Item 2 Page 1 of 18 right-of-way, and the new gymnasium located outside of the 25' building setback off of Mission Boulevard. Additional Conditions/Comments: ARI A 2 �� Q t fl rAve, ,� TJ Den°red ;��cErnd- r a $ Marek 5QV.7 BACKGROUND: Background: The applicant is processing a Conditional Use Permit (CUP 07-2486) to allow for a new gymnasium in the RSF-4 zoning district. Property description: The subject property contains approximately 0.90 acres, located at the southwest corner of Mission Boulevard and North Eastwood Drive and is zoned RSF- 4. This property is developed for Root Elementary School, and the subject portion of the school's property is developed for a playground and basketball courts. As depicted in Table 1 the site is surrounded by single family residences and Root Elementary school. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North, south,west Sin le family residences RSF-4 East Root Elementary School P-1 Proposal: As shown in Table 2, the request is for a 17' front building setback for a new 8,500 square foot gymnasium. The requested variance would allow a 17' front building setback adjacent to North Eastwood Drive where a 25' setback is required (an 8' variance). Table 2 Variance Request Variance Issue Ordinance Requirement Applicant's Re uest Front Setback 25' 17' an 8' variance The site plan submitted by the applicant appears to indicate that two small portions (approximately 1') of the structure would overhang in the building setback off of Mission Boulevard. This overhang was not included in the applicant's request. Staff is under the assumption that this overhang can be modified at the time of construction review and will be able to meet the required 25' front building setback off of Mission Boulevard. 3/1/2007 Board of Adjustment BOA 07-2492 Root School Gym. K:IReports120071BOA Reporls13-05-0700A 07-2492(Root School Gymnasium).doc Agenda Item 2 Page 2 of 18 GENERAL PLAN DESIGNATION: Civic and Private Open Space/Parks FINDINGS: City of Fayetteville Unified Development Code 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 other lands, structures or buildings in the same district. Finding: The applicant has indicated that the lot is bisected by two 10" high pressure gas lines, as shown on the site plan. The gas company requires a 25' setback from this size line to any structures for safety reasons, effectively limiting the location of the new gym to the site shown. The school district looked into the possibility of relocating the lines, but the cost was prohibitive, and the gas company strongly prefers to leave the lines as is. Staff agrees with the applicant that these gas lines are a special condition which are not applicable to other lands, structures, or buildings in the same district. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by otherproperties_ in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations related to front building setback would not deprive the applicant of being able to develop the property, but would create a hardship preventing the best use of its resources due to the limited amount of land under the school's ownership in this infill situation. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: That the two 10" gas lines bisect the subject property are not the result of actions of the applicant. 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 3/1/2007 Board of Adjustment BOA 07-2492 Root School Gym. K:IReportA20071BOA ReportA3-05-071BOA 07-2492(Root School Gymnasiam).doc Agenda Item 2 Page 3 of 18 district. Finding: Granting the requested front building setback variance would not confer special privileges on the applicant. This is a unique situation that is not applicable to other property in the same district. 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 existing nonconformities or other nonconformities were considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday, March 5,2007. 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: Staff finds that the reasons set forth in the application justify granting the variance. The subject variance is a result of the large gas lines on the property. The requested front setback variance is the minimum variance that will make possible the reasonable use of the land. 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: Granting the front setback variance would be in harmony with the general purpose and intent of setback regulations to provide adequate setback off of the road. The building angles away from the street and the variance is reduced as the building goes down Eastwood Drive. The variance at the northwest corner of the site would not limit sight 3/1/2007 Board of Adjustment BOA 07-2492 Root School Gym. Agenda Item 2 K:IReports120071BOA Reportsl3-05-071BOA 07-2492(Root Schoo[Cymnasium).doc Page 4 of 18 distance at the intersection, and would not be injurious to the neighborhood or otherwise detrimental to the public welfare. 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 of approval listed on page one of this staff 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 proposed use is for a gymnasium. A conditional use permit is required to allow for the gymnasium on the property as proposed in the RSF-4 zoning district. 3/1/2007 Board of Adjustment BOA 07-2492 Root School Gym. K.IReportsl200718OA Reportsl3-05-0700A 07-2492(Root School Gymnasium).doc Agenda Item 2 Page 5 of 18 City of Fayetteville Unified Development Code 161.07 District RSF-4,Residential Single-Family—Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1 Permitteduses. Unit 1Ci -wide uses b right Unit 8 Sin le-famil dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utilityfacilities Unit 4 Cultural and recreational facilities Unit 9 Two-familydwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family dwellin s dwellin s 11 Units per acre 4 or less 7 or less (D Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq.ft. 12,000 sq.-ft. Land area per 8,000 sq.ft. 6,000 sq.ft. dwellin unit Hillside Overlay 60 ft. - 70 ft. District Lot minimum - width L ay 8,000 sq.ft. 12,000 sq:ft. ea r 8,000 sq.ft. 6,000 sq.ft. (E) Setback requirements. FRONT 1 SIDE 1 REAR 25 ft. I aft. 20 ft. 11 HOD Front HOD Side HOD Rear 11 15 ft. 5 ft. 15 ft. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. (Code 1991,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4858,4-18-06) 3/1/2007 Board of Adjustment BOA 07-2492 Root School Gym. K.IReportsl20071BOA ReportA3-05-0700A 07-2492(Root School Gymnasrum).doc Agenda Item 2 Page 6 of 18 C� Crafton , Tull & Associates , Inc . architects, engineers & surveyors hirtoricalpreservation ■ gwemment 0 publirmrks E healthcare February 9, 2007 residential N education parks,sports&recreation transportation Chairman, Board of Adjustments industdal City of Fayetteville commercial 1 13 West Mountain St. Fayetteville, AR 72701 0 Re: Root Elementary Gymnasium, Variance request z 0 To the Chairman: A v On behalf of the Fayetteville School District, we are requesting a setback variance to construct a replacement gymnasium at Root Elementary on the School owned lot that lies at the southeast corner of Mission Blvd. and Eastwood Drive. Currently, the lot is used as playground and basketball courts, both of which will be removed and replaced with the gymnasium o _-and landscaping. As shown on the attached site plan, the building would U0 encroach on the setback by 8 feet at the northwest corner, and angle back to no encroachment at the southeast corner. D 7- The building will be approximately 8500 gross square feet, with no additional parking. The facility will be used for school functions, primarily during school hours, and voting as currently occurs at the school. N Occasionally, community groups such as the Boy Scouts may utilize the gym in the evening, however, no basketball league use is intended. The O building will not increase the number of employees or patrons beyond the current number utilizing the Root facilities. o We are requesting a variance based on the following criteria: A V lfl 1. Special Conditions exist which are peculiar to this land. A replacement gymnasium is badly needed for Root Elementary. The m existing gym is undersized and only marginally functional. A number of 00 possible locations were explored for the gymnasium, but due to the limited amount of property at Root, the only feasible spot is on the lot where shown, all other land is currently being utilized for school and community functions. Secondly, it was discovered during the design process that the lot is bisected by two 10" high pressure gas lines, also _W 3/1/2007 Board of Adjustment BOA 07-2492 Root School Gym. Agenda Item p2 ry www.c a fto RI I7l"Mn A shown on the site plan. The Gas Company requires a 25' setback from this size line to any structures for safety reasons, effectively limiting the location of the new gym to the site shown. The School District looked in to the possibility of relocating the lines, but the cost was prohibitive, and the Gas Company strongly prefers to leave the lines as is. 2. Literal interpretation of the ordinance would deprive the applicant of common rights. In addition to this variance request, we have simultaneously submitted a Conditional Use request to allow a school structure on the RSF-4 lot. Assuming that the conditional use is granted, the School District would have a right, by ordinance, to construct a new gym on the property. As previously noted, however, no other spot exists to construct the gym without removing features that are currently being utilized by the school. Root is a neighborhood school, integral to the community, but limited in real property. By granting the variance and allowing one corner of the building to encroach by 8 feet, the school will be able to make the best use of its resources. Conversely, literal adherence to the setback lines will require the school to compromise some aspect of its educational mission and community role by having to choose which elements will be eliminated from the site. 3. Special conditions do not result from the actions of the applicant. The size of the Root property and presence of high pressure gas lines are pre-existing conditions that the applicant has no control over. An attempt was made to reconfigure the building footprint in order to fit within the setbacks, but due to the functional requirements of the gymnasium, an acceptable alternate was not found. 4. Granting the variance will not confer special privilege. No special privilege will be conferred upon the applicant by granting this variance, merely the ability to physically fit an allowed building onto their site. Additionally, the School District will be taking the opportunity, if granted, to beautify the property by removing the existing chain link fencing, installing landscaping along Eastwood that exceeds City requirements, and dressing up the west building facade beyond functional requirements since it will face the neighborhood. The project will utilize materials and architectural style that match the existing school 3/1/2007 Board of Adjustment BOA 07-2492 Root School Gym. Agenda Item 2 www.craf cFR1'bgP!Mrn building, and the area of impervious material will be reduced from 16,200 square feet to 10,000 square feet with the removal of the basketball courts. We appreciate your consideration of this request. Please don't hesitate to contact me if you have any questions. Sincerely, CRAFTON, TULL & ASSOCIATES, INC. Wes Bur ess, AIA Project Manager 3/1/2007 Board of Adjustment BOA 07-2492 Root School Gym. Agenda Item q g2 www.cr a ft0PR%1gPfC8M 7 \ ^` V l N / \,® ¢W ¢ < O G U U U 1'/ _ G w I 1 I F N0tl9L3S 9�N1QlIng OZ W 1 1 O U 11 1 1 1 1 •�' \\\\ i N N / / W N 1 11 \ 1 II / p z </ 11 I p 4 171K 1 I _ �- Isi i. I LL 1 3 W EL z 1 �< 1= sl 11 1 e w� zw z gl' 11 l - 21i i ocri t 1 11 1 iR � 1 NI 31 L�-- N. 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