HomeMy WebLinkAbout2007-06-04 - Agendas a e eVi le
Y ARKANSAS TENTATIVE AGENDA
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 4,2007 at 3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of the minutes from the May 7,2007 meeting.
New Business:
1. BOA 07-2607 (WATERS, 404): Submitted by EARL WATERS for property located at 1332 MT. COMFORT ROAD.
The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.25 acres. The request is
for variances from the lot width and lot area requirements to split the 0.25 acre lot into two non-conforming lots,and to bring
an existing non-conforming side setback on a single-family structure into compliance. Planner:Andrew Garner
2. BOA 07-2608(THE MILL AT WEST END,523): Submitted by MORRISON SHIPLEY ENGINEERS,INC. for
property located at N,E,&W OF THE INTERSECTION OF PRAIRIE ST. AND WEST AVE.. The property is zoned DG,
DOWNTOWN GENERAL and contains approximately 1.25 acres. The request is for waiver of required minimum buildable
street frontage along Prairie Street. Planner: Jesse Fulcher
3. BOA 07-2610(HARRIS,484): Submitted by JASON HARRIS for property located at 213 N. LOCUST STREET. The
property is zoned Downtown General and contains approximately 0.06 acres. The request is for a 0' setback on the south
property line(a 4' variance)and a 15' setback from the west property line/alley right-of-way(a 3' variance).
Planner: Jesse Fulcher
4. BOA 07-2611 (LITTLE, 563): Submitted by GARY L. LITTLE for property located at 718 S. COLLEGE AVENUE.
The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.26 acres. The
requirement is for a 25' front setback along 9th and College, and an 8' side setback. The request is for a 19' setback (a 6'
variance) along College Avenue and a 4' setback (a 19' variance) along 9'h Street, to bring an existing non-conforming
structure into compliance,and a 0' setback(an 8'variance)behind the house to replace a deck and stairs that were removed.
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 Sheet,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
Robert Kohler (Chairman)
Sherrie Alt
Eric Johnson
William Chesser
James Zant
Michael Akins
jvite _ BOA Meeting of June 4,2007
E .
125 W. Mountain St.
w AaKANsns Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: May 30, 2007
BOA 07-2607(WATERS,404): Submitted by EARL WATERS for property located at 1332 MT.
COMFORT ROAD. The property is zoned RSF-4, SINGLE FAMILY 4 UNITS/ACRE and
contains approximately 0.25 acres. The request is for variances from the lot width and lot area
requirements to split the 0.25 acre lot into two non-conforming lots, and to bring an existing non-
conforming side setback on a single-family structure into compliance.
Property Owner: Trent Anderson and Earl Waters
Planner: Andrew Garner
RECOMMENDATION:
Staff recommends approval of the requested lot width,lot area,and side setback variances as ,
shown on the attached site plan subject to the following conditions of approval:
1. Other than the requested variances,development on the property shall eomply with'all
development regulations in the RSF-4 zoning district.
2. A building permit shall be obtained prior to commencement of any construction.
Additional Conditions/Comments:
I30AII�O�+`�,13JUS'�Al ACTFOIY CJ,t�pprved Ll Den�cd
------------
�o4e
Date June� 200
June 4,2007
Board of Adjustment
BOA 07-2607 Waters
Agenda Item 1
Page 1 of 10
The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the
entity requesting approval of this variance.
Name: Date:
BACKGROUND:
Conditional Lot Split Approval: On April 12, 2007 the Fayetteville Subdivision Committee
approved a lot split on the subject property with the condition that the Fayetteville Board of
Adjustment approve variances to allow creation of the subject lots.
Property: The subject property is Lot 2, Block 3 Hendrix Addition and located within the RSF-4
zoning district. The property fronts on two streets,Hendrix Street and Mount Comfort Road. There
is an existing single-family residence located on the south portion of the property(1332 W. Mount
Comfort Road). The existing residence was permitted in the 1950s, prior to current zoning
regulations, according to county records. The survey indicates that a portion of the structure
encroaches within the required 8 foot side building setback.
Surroundin Land Use And Zonin :
Direction Land Use Zoning
'South, East Single-family Residential RMF-40 Residential Single-family
North, West Single-family Residential RMF-241 Residential Multi-famil
Proposal: As shown in Table 1,the applicant is requesting lot width and lot area variances to create
lots with only 50' of frontage,and 5,163 and 5,433 square feet respectively,each being less than the
required 70' lot width and 8,000 square feet lot area within the RSF-4 zoning district. In addition,
the existing structure on Tract B is located approximately 6' from the side property line(8'required)
and a variance to bring this structure into compliance is requested.
Table 1
Variance Reguests
Ordinance
Variance Issue Requirement Applicant's Request
Lot A
Lot Width new lot 70 feet50 feet 20 foot variance
5,163 square feet
Lot Area new lot 8,000 square feet 2,837 square foot variance
Lot B
Lot Width new lot 70 feet 50 feet 20 foot variance
5,433 square feet
Lot Area new lot 8,000 square feet 2,567 square foot variance
Eastern Side Setback (existing structure 8 feet 6 feet 2 foot variance
K.IReportA200nOA Reports106-04-071BOA 07-2515(Waters).doc
June 4,2007
Board of Adjustment
BOA 07-2607 Waters
Agenda Item 1
Page 2 of 10
CITY PLAN 2025 DESIGNATION: Future Land Use Plan: Residential Neighborhood Area
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations may be applied for as follows:
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: It appears that the parent tract and existing house on this property were
created/constructed in the 1950's, well before the current Master Street Plan
and RSF-4 zoning district requirements. The resulting long narrow shape of the
lot and placement of the 'resulting house .are special conditions and
circumstances peculiar to this property. In addition,this property has frontage
on two improved streets,Mount Comfort Road and Hendrix Street,which is a
fairly unusual situation.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would not allow for the property to
be split into two lots and developed for one additional single family residence as
proposed. However, the existing house on the property has been in existence
and used as a residence for many decades. Literal interpretation of the zoning
regulations would not deprive the applicant of the right to continue to use this
property for one single family house on one single family lot.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: The conditions which created the long narrow lot with frontage onto two streets
are not the result of actions of the applicant. However the desire of the
applicant to split the lot and develop the second lot for an additional single
K.IReports120071BOA Reports106-04-0ABOA 07-2515(Waters).doc -
June 4,2007
Board of Adjustment
BOA 07-2607 Waters
Agenda Item 1
Page 3 of 10
family house is a result from the 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 district.
Finding: Granting the requested variances for lot width will not confer special privileges
as the narrow lot was created well before current lot width requirements,and
many older lots in the City are 50' wide. However, granting variances of lot
area needed to split the lot would confer a special privilege as this property is
currently developed and utilized for a single family residence,and the desire to
divide the lot into two very small lots is a special privilege that is not provided to
other lots in the RSF-4 district. Granting the side setback variance to bring the
existing lot into compliance would not be a special privilege as the house was
built many years ago prior to current setback regulations.
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
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,-June 4,2007.
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: The requested lot width, lot area, and side setback variances are the
minimum variances necessary to split the property into two lots and
accommodate a new single family dwelling on the property.
K.IReporuv 20071BOA Reports106-04-07WOA 07-2515(Waters).doc
June 4,2007
Board of Adjustment
BOA 07-2607 Waters
Agenda Item 1
Page 4 of 10
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 variance will be in harmony with the general purpose and
intent of zoning regulations. The purpose of the RSF-4 zoning district is
to encourage development of low-density detached dwellings in suitable
environments, as well as protect existing development. Granting the
requested variances to allow for an additional single family residence on
the subject parcel and to bring the existing nonconforming structure into
compliance would meet the general purpose and intent of zoning
regulations. The shape and size of the two new proposed lots is similar
in size when compared with other lots in the neighborhood. An
additional dwelling on the new lot would be compatible with the
development pattern on Hendrix Street and Mount Comfort Road,and
would provide an appropriate transition between the RSF-4 zoning to
the east and the.RMF-24 zoning to the west. Allowing the subject lot
split and variances on this property would not be adverse. Allowing an
additional dwelling on this parcel is consistent with the City Plan 2025's -t:
goals and ",policies fors infill development. Staff does not find that. .
developing a small residence on this parcel will be injurious to the r.m
neighborhood or otherwise detrimental to the public welfare. r s
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 existing and proposed use of the site as a residence is a use permitted
by right in the RSF-4 zoning district.
K.IBeporu120071BOA Reporu106-04-071BOA 07-2515(Walers).doc June 4,2007
Board of Adjustment
BOA 07-2607 Waters
Agenda Item 1
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 Ci e uses by right
11 Unit 8 1 Single-family 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
dwellings dwellings
Units er acre 4 or less 7 or less
s(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.dwellingunit
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.
dwelling unit
(E) Setback requirements.
FRONT 1 SIDE REAR
25 ft. 1 8 ft. 20 ft.
11 HOD Front HOD Side IHOD 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)
K.IReportsl20071BOA ReportslO6-04-0700A 07-2515(Waters).doc June 4,2007
Board of Adjustment
BOA 07-2607 Waters
Agenda Item 1
Page 6 of 10
To Chair of the Board of Adjustments,
We are requesting a variance on the lot width. The width is only 50 feet. 20 feet
less than required. Since the area is older than the code there are numerous lots with
houses that already exist that are 50 feet in width. 50 feet would still leave enough room
on each side to allow for 8 foot set backs.
We would either build a small home on this site or sell it to a builder who is
interested in building a single family home.
As it sits now the lot is an eye sore. Allowing this would also insure a multi
family home would not go in, thus appealing to the neighbors.
L+ri
June 4,2007
Board of Adjustment
BOA 07-2607 Waters
Agenda Item 1
Page 7 of 10
50.00'
50.99HBNDRIX STRlsBT
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765-06287-000 (ASPHALT, 45'R/W)
MOHSEN & RHONDA 765-06286-000
KHODABANDEH BEULAH M. MCBROOM 765-06285
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FAYETTEVILLE, AR. 72703
BOA07-2607 WATERS
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Feet Board of Adjustment
BOA 07-2607 Waters
Page 9 of 10
BOA07-2607 WATERS
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Overview Legend Boundary
Subject Property 0%,Pianning Area
GM BOA07-2607 0 000 Overlay District
Outside City
Legend
Hillside-Hilltop O erlay District
0 0.25 0.5 1
Miles t dune 4,20
Board of Adjustm t
BOA 07-2607 Wat s
gena em 1
Page 10 of 10
l
1 2 _p BOA Meeting of June 4, 2007
- 11125 W. Mountain St.
4r ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jesse Fulcher, Associate Planner
THRU: Jeremy Pate,Director of Current Planning
DATE: May 30, 2007
BOA 07-2608 (THE MILL AT WEST END, 523): Submitted by MORRISON SHIPLEY
ENGINEERS,INC. for property located at N,E,&W OF THE INTERSECTION OF PRAIRIE ST.
AND WEST AVE. The property is zoned DG, DOWNTOWN GENERAL and contains
approximately 1.25 acres. The request is for a waiver of the required minimum buildable street
frontage along Prairie Street.
Planner: Jesse Fulcher
BACKGROUND:
Property Description: The subject property is comprised of three total lots; two located on the
northwest and northeast corner of West Ave. and Prairie St.and the third on the south side of Prairie
St at the same intersection. Until recently,the properties contained the,American Milling Company,
although all of the existing structures have been removed to allow for redevelopment. A large scale
development for two mixed use buildings and associated parking are proceeding forward through the
City's development review cycle and will be heard by the Subdivision Committee on June 14,2007.
The surrounding zoning is listed in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Single-family residential DG, Downtown General
South The Mill District MSC, Main Street Center
West Single-family residential 1-1, Heavy Commercial/Light Industrial
East Commercial MSC, Main Street Center
Proposal The variance requests are listed in Table 2. The applicant is requesting that 26%of the
lot width of the street frontage contain buildable area, when 50% is required. The variance is
proposed to accommodate a new a 4,251 sq. ft. building with a restaurant on the first floor and
apartments on the second floor.
K.Wxports1200AHOA Reports106-04-071BOA 07-2607(Themill at West End).doc
June 4,2007
Board of Adjustment
BOA 07-2608 The Mill At the West End
Agenda Item 2
Page 1 of 12
Table 2
Variance Request
Variance issue Ordinance Requirement Applicant's Request Variance Amount
Minimum buildable 50% of lot width (or 52'for 26% of lot width (or 28') 24% (or 24')
street frontage* this lot
*Minimum Buildable Street Frontage Request. The Downtown Master Plan established several new
zoning districts in the downtown area. The Downtown General (DG) is one of these districts. DG
requires a front build-to zone instead of the typical building setback backs required in other zoning
districts. In addition,DG requires that a certain percentage of a property's street frontage width be
covered with a building,within the 25' build-to zone. The intent of these requirements was to push
buildings to the street(build-to zone),and to establish a solid street wall and streetscape(minimum
buildable street frontage). For example,the subject property is a 104' wide lot with 104' of street
frontage on Prairie Street. Therefore 50%or 52' of the width of the property within the 25' build-to
zone is required to be covered with a building. The applicant proposes that only 28' or 26%of the
street frontage within the 25' build-to zone be covered with a building. This variance request is
depicted on the site plan included in this packet
RECOMMENDATION:
Staff recommends approval of the requested 26% of buildable street frontage area (a 24%
variance) based on the findings herein.
1. The subject development shall be subject to all conditions of approval for the associated
large scale development and conditional use applications. Denial of the large scale
development will render the requested variance null and void.
2. The variance shall apply to the footprint of the building shown on the attached site
plan.
3. The applicant shall update the minimum building street frontage table as provided
with the variance application to reflect a building frontage of 28'.
BOARD )'ADdT7SIVIEMT ACS IOPJ ❑ approved ❑ Denied
Mahon �eeond Vate
Date Mine 4,�U47
FUTURE LAND USE PLAN DESIGNATION: NeighborhoodPlan(Downtown Master-Plan)
SECTOR MAP DESIGNATION: Downtown Master Plan
K.Weports1200ABOA Reportsl06-04-071110A 07-2607(The Mi((at West End).doc
June 4,2007
Board of Adjustment
BOA 07-2608 The Mill At the West End
Agenda Item 2
Page 2 of 12
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: There are no special conditions or circumstances that are peculiar to the land;
however, the need for two points of ingress and egress for service and
emergency vehicles in addition to providing sufficient parking to meet Unified
Development Code requirements has created special conditions that are unique
to the subject development and property. Widening the building to meet the
50%building frontage would result in the loss of at least 4 parking spaces and a
portion of the two-way driveway. The development is only providing 67
parking spaces (66 is the minimum allowed with 30% reduction), which
includes a proposed parking lot that will be constructed off site. Removal of
more than one parking space would result in a violation of the Unified
Development Code that could only be remedied by the Planning Commission.
Additionally,expanding'the building will result in the removal of the southern
ingress/egress,which will then create a dead-end fire apparatus access road that
is in excess of 150'. To accommodate a turnaround for fire apparatus, a 120'
hammerhead or 50'x 20'turnaround would have to be constructed behind the
building. Construction of a turnaround would obviously remove much of the
parking area.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would require removal of parking
spaces that are required by code and the removal of the two-way ingress/egress
that is required by Solid Waste and the Fire Department. Requiring the
applicant to meet the 50% building frontage will result in other deficiencies on
the property that will then require further waivers. Creating a cycle of waivers
that are due to City policy and ordinances would result in a deprivation of
rights.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
K.Weports120071BOA Reports106-04-07WOA 07-2607(The Mill at West End).doc
June 4,2007
Board of Adjustment
BOA 07-2608 The Mill At the West End
Agenda Item 2
Page 3 of 12
Finding: The desire to construct a mixed use development on the site with the footprint
proposed is the result of the applicant's actions. However,the requirement to
locate the parking lot behind the building and locate the building within a build
to line,to a great degree,establishes the layout and design of the property. Even
with the specific requirements of the Downtown General zoning district, the
applicant has been able to design the project to meet the minimum building
frontages on three of the four street frontages and in some cases greatly exceed
the minimum 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 variance will not confer special privileges on the
applicant. The applicant could expand the building footprint to meet the
minimum building frontage along Prairie Street,though it would be contrary to
multiple City ordinances and the Arkansas State Fire Code. Expanding the
building will result in the removal of the southern ingress/egress, which will
then create a dead-end fire apparatus access road that is in excess of 1501. To
accommodate a turnaround for fire apparatus,a 120'hammerhead or 50'x 20'
turnaround would have to be constructed behind the building. Construction of r;
a turnaround would.obviously remove much of the parking area. „
t
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
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,June 4,2007.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
K.Weporis120071BOA Report 106-04-071BOA 07-2607(The Mill at West End).doc
June 4,2007
Board of Adjustment
BOA 07-2608 The Mill At the West End
Agenda Item 2
Page 4 of 12
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
requested variance,as discussed in Findings 1-5. The requested variance is the
minimum variances 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 requested variance will be in harmony with the general purpose
and intent of zoning and setback regulations, and will not be injurious to the
neighborhood. A variance of the buildable street frontage requirement to allow
for a second point of ingress/egress for emergency and service vehicles is in
harmony with the general purpose and intent of the zoning regulations. With
the two buildings meeting three of the four street frontages, the pedestrian
streetscape envisioned and intended in the Downtown Master Plan will still be
provided.
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 recommends approval of the requested variance. Staff has recommended
conditions of approval 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 proposed development is for offices, retail, restaurant and multi-family
residences. These uses are permitted by right in the DG zoning district.
K-IReports1200700A Reports106-04-071BOA 07-2607(The Mill at West End).doc
June 4,2007
Board of Adjustment
BOA 07-2608 The Mill At the West End
Agenda Item 2
Page 5 of 12
City of Fayetteville Unified Development Code
161.22 Downtown General.
(A) Purpose. Downtown General is a flexible zone,and it is not limited to the concentrated mix of uses
found in the Downtown Core or Main Street/Center. Downtown General includes properties in the
neighborhood that are not categorized as identifiable centers, yet are more intense in use than
Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and
live/work units. Activities include a flexible and dynamic range of uses,from public open spaces to less
intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the
Downtown General district is a residential zone.
(B) Uses.
(1) Permitted uses.
Unit 1 Citymwide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings
Unit 12 Offices,studios and related services
Unit 13 Eating laces
Unit.15
Neighborhood shopping nods
Ugit 25 . Professional offices
Unit 26 Multi-family dwellings
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre-approved uses.
(2) Conditional uses.
Unit 2 City-wide uses by
conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel,motel and amusement services
Unit 16 Shopping oods
Unit 17 Trades and services
Unit 19 Commercial recreation,small sites
Unit 24 Home occu ations
Unit 28 Center for collecting
recyclable materials
Unit 36 Wireless communication facilities
(C) Density.None
(D) Bulk and area regulations.
(1) Lot width minimum.
K:IReports1200ABOA Reports106-04-07IBOA 07-2607(The Mill at West End).doc
June 4,2007
Board of Adjustment
BOA 07-2608 The Mill At the West End
Agenda Item 2
Page 6 of 12
Dwelling(all unit es) 18 ft.
(2) Lot area minimum. None.
(E) Setback regulations.
Front The principal fagade of
a building shall be built
within a build-to zone
that is located between
the front property line
and a line 25 ft. from
the front property line.
Side,facing street The principal fagade of
a building shall be built
within a build-to zone
that is located between
the front property line
and a line 25 ft. from
the front property line.
Side, internal None
Rear,without easement 5 ft.
or alley
Rear,from center line 12 ft.
of an easement or alley -
(F) Minimum buildable street frontage.50%of lot width. -
(G) Height regulations.Maximum height is 4 stories or 56 feet which ever is less.
(I n Parking regulations. No parking lots are allowed to be located in the front or side build-to-zone facing
a public right of way.
June 4,2007
K.IReports1200ABOA Reports106-04-071B0A 07-2607(7he Mill at West End).doc Board of Adjustment
BOA 07-2608 The Mill At the West End
.Agenda Item 2
Page 7 of 12
I
May 2, 2007
MORRISON
11 City of Fayetteville SHIPLEY
125 W. Mountain St.
Fayetteville,AR 72701 ENGINEERS • SURVEYORS
Attn: Jesse Fulcher
Re: Minimum Building Street Frontage Waiver Request
LSD 00-2552, The Mill at West End
Dear Mr. Fulcher,
Per your comment sheet dated April 18, 2007, this letter is hereby submitted as a
request for waiver for the minimum building street frontage requirements for the above
mentioned project. Following is our site frontage calculations which will also appear as a
table on our 151 revision submittal of Large Scale Development plans.
MINIMUM BUILDING STREET FRONTAGE REQUIREMENT TABLE
Location Building Frontage Total Frontage %Provided %Required
N.W. Tract East Side-108' 180.60' 59.8% 50%
Restaurant/ South Side 103.80' ;34ro 50%
Multi Family a8' 1 019%
I
N.E. Tract West Side=136.50' 152.61' 89.4% 50%
office/Multi South Side=76.66' 142.47' 53.8% 50%
Family
South Tract North Side=O' 189.15' 0% 50%
As shown above,this request will be for the southern street frontage of the
proposed restaurant/multi family building which is proposed at the northwest corner of
South West Avenue and Prairie Street and the northern street frontage of the proposed
parking lot which is proposed on the south side of the intersection of South West Avenue
and Prairie Street. The developers,Milver Investments, have considered several options
as discussed with city staff. It has been determined that the current proposed building
and parking lot layout will best suit both the intent of the new Downtown Master Plan
and the developer's needs. They have made every effort to make this project comfortably
urban in nature, and appealing in regards to the surrounding context and pedestrian
traffic. We respectfully request a waiver for the frontage of building"A"along Prairie
Street and the tree-lined parking lot on the south side of Prairie Street, as noted above.
If you have any questions or need additional information,please do not hesitate to
contact me.
Respectfully,
N. Cory Roberts,ASLA
Project Manager
Morrison Shipley Engineers, Inc. 2407 S.E. pt�t15por PIR712
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Appendix D
FIRE APPARATUS ACCESS ROADS
SECTION D101 D103.2.6rade.Fire apparatus accescroads shall notexceed-10
GENERAL. percent in grade..
117.07:1.Scope.Fire apparatus access roads shall be in accor- Pxceptiont Gradessteeperthan to percent is approved by
dance with this appendix and all other applicable requirements the fire chief.
of the Internationvi Fire.Code, D103.3'Taming radius,The minimum furring radii Shall be
determined:by the:code official,.
call
103A Dead ends.Dead-end fire apparatus access roads inSECTION D102 xcess of 150 fust(45 720 mm)shall bep �REQUIRED ACCESS nd turnaround provisions in accordance with Table 11103.4.
D102.1 Access and loading.Facilities,buildings urpor ions of TABLE D103.4
.buildings hereafter constructed shall be accessible to fire de- REQUIREMENTS FOR DEAD-END FIRE
partmentapparatusby way ofan approved lire apparatus access APPARATUS ACCESS ROADS
road with:an asphalt,concrete or other:approved driving aur LENGTH WIDTH
'face capable of supporting.the imposed load of lire apparatus fret t"t TURNAROUNDS REQUIRED
'weighing at least 75,000 pounds(34 050 kg). 0-.150 2Q None required
120 foot"H2nimcrhead"'6U-fudf"1'"
151-500 20 or 96-foot-diameter cul-de.-sac in
accordance with Figure Of 03:1
SECTION D103 120400t Hainnterhead,60-foot"Y"or
MINIMUM SPECIFICATIONS 501-730 26 96aoot-diameter cul-de-sncfn
D103.1 Access road width with a hydrant.Where the try accordance with,Figure D103 1
dram is located on a fire apparatus access road,the minimum I Over750. Special approval required
goad width shall be 26 feet(7925 um).See Figure D103.1. f=or Si. I rout=304.8nnn.
< 0 20'—�
__26'R` - 26`
28'R TYR, _. .
—2tr R JAFF
7YP 20' — X20"
26 x._._.20'
96'DIAMETER 70'DIAMETER ACCEPTABLE ALTERNATIVE MINIMUM CLEARANCE.
CUL-DE-SAC CUL-DE-SAC TO 120'HAMMERHEAD AROUND A FIRE
HYDRANT
0 6069
A TY.1
2S'R .,�
r •-20`. Zp'—i v
"-'� I28'R—1 70'
- TYP.` TYP.`
20'
2D• 20
60'HAMMERHEAD 120'.HAMMERHEAD.
ACCEPTABLE ALTERNATIVE
TO 120'HAMMERHEAD
.For Sl: 1 foot=304.8 mm.
FIGURE D103.1
DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND
2000 INTERNATIONAL FIRE CODE®. 361
June 4,2007
Board of Adjustment
BOA 07-2608 The Mill At the West End
Agenda Item 2
Page 10 of 12
1
BOA07-2608 THE MILL AT WEST END
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Overview
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FBoard of Adjustment
Feet
B 07-2608 The Mill At the West End
Agenda Item
Page 11 of 12
BOA07-2608 THE MILL AT WEST END
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Overview - Legend Boundary
Subject Property
Planning Area
GM BOA07-2608 �02O9 Overlay District
❑ Outside City
Legend
Hillside-Hilltop O erlay District
0 0.25 0.5 1
June 4,20 7
M IP_C Board of Adjustm nt
tgg 2608 The Mill At the West E d
n a TFem 2
Page 12 of 12
A
ryX 7 � BOA Meeting of June 4,2007
a � l e 125 W. Mountain St.
ARKANSAS
� Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Current Planning Director
DATE: May 31, 2007
BOA 07-2610 (HARRIS,484): Submitted by JASON HARRIS for property located at 213 N.
LOCUST. The property is zoned Downtown General and contains approximately 0.06 acres.
The request is for a 0' setback on the south property line (a 4' variance) and a 15' setback from
the west property line/alley right-of-way(a 3' variance).
Planner: Jesse Fulcher
RECOMMENDATION:
Staff recommends approval of the requested setback variances for the existing tandem lot to
accommodate the expansion of the existing structure,with the following conditions:
1. Redevelopment of the subject property shall be permitted in accordance with the s,
setbacks approved per this variance as listed in Table 1,thus allowing some
modification in the building footprint should the applicant request to redevelop the
property.
2. A building permit shall be obtained prior to commencement of any redevelopment
of the properties or reconstruction of the existing structure.
O "tf1+�1��CJ�`I'NIE �C'1'I#3N � approved f7 Denied
4
Se,uundf emote `
K Reports120071BOA Reports106-04-071BOA 07-2610(Harris_213 Lomst).doc
June 4,2007
Board of Adjustment
BOA 07-2610 Harris
Agenda Item 3
Page 1 of 18
BACKGROUND:
Property: The property is located west of Locust Avenue, south of Dickson Street. The property
is zoned Downtown General and is developed for one duplex (#215) and one single family
dwelling (#213). Parking is available to the duplex from Locust Avenue and to the single family
unit from the alley.
On November 27, 2006,the Planning Commission approved a conditional use permit and lot
split to allow the subdivision of the property. The resulting tract on which the single family
dwelling is located is a tandem lot, defined in the Unified Development Code as: A lot which
does not have required frontage on a public street and which is located behind a lot or a portion
of a lot which does have frontage on a public street. Section 163.13 (C) Tandem Lots: Setback
of the Unified Development Code sets forth specific setback regulations for tandem lots which
the existing building would violate.
On December 4, 2006 the Board of Adjustment granted the following variances for the
nonconforming structure:
Table 1
Variances granted on December 4,2006
Property Line Ordinance Requirement Applicant's Request
North 20' setback 1' setback (a 19' variance)
South 20' setback 4'setback a 16' variance)
East 20' setback 5' setback(a 15' variance).
West 20' setback 18' setback(a,2' variance
Proposal: The applicant requests a variance from the required 4' building setback from:the south
property line and a variance from the required 18' setback from the west property line. The
variances will allow for an appropriately sized addition to the existing 600 sq. ft. single-family
structure.
Request: The applicant requests setback variances from those granted at the December 4,2006
Board of Adjustment meeting as listed in Table 2.
Table 2
Variance Requests from those Previously Approved
Property Line Ordinance Requirement Applicant's Request
North l' setback No Change
South 4' setback O'setback a 4' variance)
East 5' setback No Change
West 18' setback 15' setback a 3' variance)
K.,IReports12007WA Reporis106-04-071BOA 07-1610(Harris_213 LocustJ.doc
June 4,2007
Board of Adjustment
BOA 07-2610 Harris
Agenda Item 3
Page 2 of 18
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single-family structure DG, Downtown General
South Single-family structure DG, Downtown General
East Two-family structure DG, Downtown General
West Parking Lots MSC, Main Street Center
Interim Future Land Use Plan Designation: Neighborhood Plan (Downtown Master Plan)
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: Staff finds that granting the requested variances will not adversely affect the
public interest and are unique to the downtown area. If the subject property
was not a tandem lot, development up to the property lines would be
permitted. However, since the lot does not front a public street there are
additional setback requirements that are peculiar to this property and
building,which are not applicable to other properties in the same district.
The additional setbacks imposed on the subject property prohibit a
development pattern that is consistent with surrounding properties and
encouraged by the Unified Development Code in the downtown are.
Additionally,there is an 8' utility easement adjacent to the southern property
line (there is an existing water and sewer line within the easement) that .
provides an undevelopable, open area that acts as a setback that is greater
than the 4' setback that was previously approved.
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: The Downtown General zoning district allows for 0' side and front building
setbacks and a 12' rear building setback from the centerline of the alley. Based
on these regulations, there is ample room for the applicant to expand the
existing structure. However, because the lot has 0' lot width, more stringent
-K.IReporul20071BOA Reporu106-04-071BOA 07-2610(Harru_213 Lowl).doc
June 4,2007
Board of Adjustment
BOA 07-2610 Harris
Agenda Item 3
Page 3 of 18
setbacks are required. The tandem lot setbacks were created in part to provide
adequate separation between structures on adjoining lots. In the case of a
property within the Downtown Master Plan area, additional setbacks on a
tandem lot run contradictory to the purpose and intent of infill,revitalization,
the goals of the City Plan 2025 and Downtown Master Plan. Therefore, staff
finds that the literal interpretation of the setback provisions related to tandem
lot development would deprive the applicant of rights commonly enjoyed by
other properties in the Downtown Master Plan are.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: The applicant's desire to subdivide and consequently create a tandem lot
situation is a result of the applicant. However,the additional setbacks required
for tandem lot development and the fact that these regulations were not
necessary intended for infill development within a downtown district with 0'
setbacks is not a result 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 district.
Finding: Granting the requested variances will not confer special privileges on the
applicant. All other properties in this district are afforded 0' setbacks on the
side and front property lines. The applicant is requesting a 15' "front"setback
due to an existing 15' utility easementand0' side setback that is located
adjacent to an 8' utility easement.
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
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.
K:IReports120071BOA ReportsIO6-04-071BOA 07-2610(Harry_213 Lomst).doc
June 4,2007
Board of Adjustment
BOA 07-2610 Harris
Agenda Item 3
Page 4 of 18