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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 50.00 765-06287-000 (ASPHALT, 45'R/W) MOHSEN & RHONDA 765-06286-000 KHODABANDEH BEULAH M. MCBROOM 765-06285 2862 E. HYLAND PARK RD. 1332 W. HENDRIX ST. DEDICATEDRAW BEULAH M. EI A FAYLLE, AR. 72701 FAYErrEVILLE, AR..72703 211•�� $Q. F7, 1332 W. HE ZONING: RSF-4 ZONING: RSF-4 FAY N EVI ILL 0— SS SS SS SS 6" RAV. SEpS. SS ss. . SS SS SS SS 6" .GRAV SS SS SS 36" GRAV. „• 36" GRAV. —w ,, W w 8" PVC W ASP. 6' PVC S89'58'55 E 124.82'—w L1 w w 589'5240"W w NNW COR, 59.89' NW COR. 64.93' =-49.57'oNE COR. BLK. 3 LOT 2 R,O6 4.11 L4 .36' LOT T rn W AS PER MSP l(q 25' B:S.B. & U•.E.765-06297-000 4f 06C5,163.3* LAURA L. HUGHESP.O. BOX 1072 I o ISI FAYETTEVILLE, AR. 72702 m " a ZONING: RMF—ii oil •4 Scab@ ltl= 30' w ORIGI AL TRACT r- M 0.24* ACRES 0 10,596.3* SQ. FT. IN _J Q Z 20 . .R.S.B. . U.E. 765-06293-000 765-06296-000 O.7� L2 TROY & LELA THOMAS ANDERSON-WATERS, LLC. 1324 W. MT. COMFORT 1332 W. MOUNT COMFORT ROAD uj FAYETTEVILLE, AR. 72703 FAYETTEVILLE„ AR. 72701 ?Q. B.S.B. : ZONING: RSF-4 ZONING; RSF-4 ^� ••$� U.E. 4 C4 WOCKOD d 6 OI DEed r, to H I TRACT 'B' 00 of 765-06298-000 m j I 0.12* ACRES 60 LOUISE LIERLY & c 5,433.01 SQ. FT REBECCA LIERLY 1342 W. MOUNT COMFORT RD. ku FAYETTEVILLE, AR. 72703 3 - I - ` t j ZONINGt RMF-24 f 709, 1-STORY N P� RAME HOUSE 0 b W 1 #1332 z SW COR. M yq . "5. ? as eLK.3 N:643569.767 NI CONC. I S78.39+ 66.4 r , E:668422.352 0 _ M R1-4 AW AS PER MSP Z 4,89 25 S ' 00 . S g 765-05269-000 DAME P.BOX &JUUA M. JERNIGAN 727.29, 38 FAYEITEVILLE, AR. 72702 S 1.72' ZONING:.RMF-24 W �R.. 44.9 + N78.3 19 R W G ' A�• •4• Board of Ad' stme0ntl/o. 765-13749-000 •. ss .� A 07-2 WatersQ'09 CARMEN & THELMA LIERLYSS' ' AP a item 10 1333 W. MT. COMFORT RD. �,� FAYETTEVILLE, AR. 72703 BOA07-2607 WATERS Close Up View @��`�41 >a \vs `��,,:�\U\ S4 � \},.`'k...i,�i4\\\t\+`,`tJ\�•, li' tt t\\.,\Ua����\�1��� i\{;�y���\\������,,.''{\\�.\t{��a \\*it\L\�`\�± 4 iw t x y',ix:. { �.. ~vt �s �n �, `, vv*•~: 1`\\ r \ y'\ {{ ) +. y - tt 1 a. r at` 1ti 5 i \5``�k P>c Yj^.dtKt a4'K\ss �i=L"' � �,i\a• b �)e a "l `,+,`.\Y4i r t i y a$�C.�'v\1 N'')O\' '\``l n +2'�"'�c•'jj •`1 \\''{.` `` 1\ t� 2 t� +M � ti HENDRIX ST �" HENORMST \ \ t \ \ S J �.A '� 6 uy v w ^, :. ) "t x mY, ht tisa {$"k �t 4 a'• p'?�^' 'ry}��', �& �> .aSF-0h � ay ).fh1 i.Atro if 4 aa` s4 t: A ORT x K 5 "+1 v 4A Sia ` '.v \ V` \ �� \\�` t.,"\"2'vK° ,Fa 4V1 ^)•IS�r"'V�yA L:y„ ': ).�) ��`\v`ti rS };"y''�r,)t a�`u','it i� t,4 CARTER 6T U <\ \ YY im S ,�5 t {to Overview eF°„eed, 0 37.5 75 150 225 300 June 4,2007 Feet Board of Adjustment BOA 07-2607 Waters Page 9 of 10 BOA07-2607 WATERS One Mile View �5 -Q, 41 �S ,x 1{n.� �t�� ��.Sr Y+✓t�r��f� LIRl i"rf 5X �1 N� �x�ti57K�V�'��A��")I x � x i � RSF'� ; 'wF�x t 4 z'Ss i t�yT3` ? s ?s rs,+ 7 nr r 2f 03 ar:�.�k.�`P� •3- s����M t,F Q ' .:; 3 '.aHS.4 �K'�%`F, 4'` "v' s��ri�t"`'`y✓s�^�4"�. hw�'.,TMi_+i. �" '��F'Y 4�r��s` �c a „., v"`.'Gx} � 11 _ x2z r u7p `x p �j m.. 4fi✓ `V' ays,t _ .2 -`l 06,111rPOWAR 6P PROPERN qsH s7Y,m'y � :`+' I" y x 55 x �I ly �aT§T�rcu R c fb :rF r - Mw 'bRl Ys' i ��j�x Y R6��� �:RSFa 1U „a "� s {.;��e�n nME9R➢RO�k sP '- 1 A f d - \. ,� rr^�t� [awspw I iAasaystr7�� RSF��' 1 x, T 41*y xs 1 gR�5.4- x x 111 Ta w QR�Als �x ' .y 301 N I � 0 � Dki nl m eRtNf rp7 , s:, '� r� x3 B a $R � __ "��''• AOA?aFS,gY u�ry SI�� a� 5 ti 4.RSF - i ��iSF-t t i-y� 1-R9k y��-zW' 9 IfiAr(d1NEL4 LN ,y"',.'�. ?'a RR _ UI6EST LOVsfI ST i ✓Fxx C'r x ' RBFd11l s"Ei «Z.in ? 1 rv.PtSi0U19), Rsf y U�'�l °�7 x HALSC71TiD { 'x fru '1y Y i .>r f m x � — � u, � ��"' 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 eet BpA 07 � 479.273.29 • ax �; 09 morriso�W Q.7com em,vae� -rsc®s ter:• ® � �m (` `I��f��r. • M �r 'pl ~a, . • •- * `gym�� � .�..� ., rte. ; ,;, �1� 'p •4`, '1 �'.,I nI WWON R h �r�i�� �'�� ��®►��ra� � s�aLi�e7az_��r�t'F�J���'s�c������ �A��� " � The BcI515 Of Bearing 15 6r[cl, North Zone, .. . :. -. ..Arkansas 5tato Plane GoordInate Sy5temFayetteville DatumAnd 6-15. The Vertical Nqvcl 211, Bo5ecl UponOf ,.,__._..__._._ 1 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 Close Up View V �' 2h d O TH T 0 ST _ a SUBJECT PROPERTY x ®I �9 I I co SLVQ- r. I r s P.VUE Sr IRtE ST I PML_Si PRAIRfE Sr ♦m `I l i to w1. p' °I 6 H 4TH �4 5' 6TH ST ST 6 H6 Overview e_ 0 75 150 300 450600 June 4,2007 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 One Mile View F ;5 pptt r 'ng r h�yy M- 6k fU i ^ Aack3r k "us R. 3' 11 t` Tz i� y �s` `v�3'uuNt�a ,a ,*E a aL �"xQ 'slay +I d"""ay ,✓ h � �°�i�� _ i � � iha�'i�l�eu -� , Lha � '�°� ax�^.fsry asjl �,al"' ,C'`'�`a9�' 'Mz�..'"a'r _ r' s��m�•' .-, y�y��`$r� e, x,Yihtsrti.`ftb z-.',�gg'��g x`� :� U i u. a •r' m' 1 R R rksFxk�p� *r , W-0 -6- f'7AkkH¢NkRp`. wx PYIa ; 111.„-,�I y, yIjabfP `�,a .rff' CPID c-31 i '7 TI tR g 3laF,'" ,'n11. bait n '95 11PI SUBJECT PROPERTY 2a , .m s� '� r�Ny� I W✓'� .rs-^ I v. t,, + hI�il' (6541, s''yP��` ?g ty.��`�f`�'`�S���,'�s�^✓� ' i ..... i ro �y I ..:__, ,. I� � Qt ' - ATE 421' I I� a AUML 4.ERD`. 1a .N RPPe#,k! i i to p " h 11 SVATE 89T� �- R It V?^ulE ny �'KIVASE 884 2 t > .,q1 e.x yv' .fur a kr x 11 I yd YAh ,. �., , ' • i „ - 7-4 11 p �t`r i aRSfa � i � 19TH ST � a '�"11,17Zp RsFc RESEARCH T R \ 7 I Ygfiy?L� a ,3f Yui'' 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