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HomeMy WebLinkAbout2011-10-03 - Agendas • Taeiile ARKANSAS THE CITY OF FAYETTEVILLE,ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephone: (479)575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT MONDAY, OCTOBER 3, 2011 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the September 12,2011 meeting. New Business: 2. BOA 11-3950 (Intersection of Mt. Comfort& Oakland Ave./Oakland Courts, 405): Submitted by Community By Design for property located at the intersection of MOUNT COMFORT ROAD AND OAKLAND AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 1.75 acres. The request is for a variance of the minimum buildable street frontage requirement for a new development. Planner: Dara Sanders 3. BOA 11-3951 (629 S. Block Ave./Hamaker, 523): Submitted by Chris Hamaker for property located at 629 SOUTH BLOCK AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.15 acre. The request is for a variance from the lot area requirements to divide the subject property into two tracts. Planner: Andrew Garner 4. BOA 11-3952 (524 N. College Ave./Smith Two Way Radio, 446): Submitted by Smith Two Way Radio for property located at 524 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.26 acre. The request is for a variance from the front building setback to bring the existing nonconforming building into compliance. Planner: Dara Sanders 5. BOA 11-3953 (510 W. 11TH ST. & 989 S. School Ave./Campus Crest, 562): Submitted by Morrison Shipley Engineers, Inc. for properties located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The properties are zoned CS, COMMUNITY SERVICES and contain seven parcels totaling approximately 12.16 acres. The request is for a variance of the minimum buildable street frontage in the Community Services zoning district. Planner: Jesse Fulcher 6. BOA 11-3954 (133 & 135 E. Conner St./Thomas, 485): Submitted by Metro Marketing for property located at 133 &135 EAST CONNER STREET and 132 & 134 EAST SPRING STREET. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.39 acre. The request is for a variance from the minimum buildable street frontage and side building setback requirements to bring two existing structures into compliance and permit a lot split. Planner: Andrew Garner 7. BOA 11-3956 (402 W. Da St./Head, 445): Submitted by Albert Skiles for property located at 402 WEST ILA STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.32 acre. The request is for a variance from the minimum lot width requirements to divide the subject property into two tracts. Planner: Jesse Fulcher 8. BOA 11-3957 (3914 S. Sally PL/Mota, 755): Submitted by Salvador Mota for property located at 3914 SOUTH SALLY PLACE. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 0.38 acre. The request is for lot width, lot area, and side building setback variances to bring an existing nonconforming lot and structure into compliance and permit an expansion. Planner: Andrew Garner 9.ADM 11-3938: Administrative Item (UDC CHAPTER 164.12): Submitted by CITY PLANNING STAFF. The proposal is to amend Chapter 164.12 Nonconforming Uses and Structures. Planner: Jesse Fulcher 10. BOA 11-3955 (221 W. South St./Sharp, 523): Submitted by Rob Sharp for property located at 221 WEST SOUTH STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.21 acre. The request is for a variance of the minimum buildable street frontage requirements to permit the construction of a new single family residence. Planner: Dara Sanders All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(479-575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD (Telecommunication Device for the Deaf) are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330. • Taye eel e ARKANSAS ORDER OF BOARD OF ADJUSTMENT MEETING A. Introduction of agenda item—Chairman B. Presentation of Staff Report C. Presentation of Request—Applicant D. Public Comment E. Response to Comment/Discussion and Questions by the Board F. Action of the Board (Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Board of Adjustment on an agenda item raise your hand when the Chairman asks for public comment. He will do this after the staff and applicant presentations. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, stand and give your name and address. Address your comments to the Chairman, who is the presiding officer. After all public comments have been heard, the Chairman will direct your comments to the appropriate appointed official, staff member or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Board of Adjustment. 2011 Board of Adjustment Members Sheree Alt (Chairman) Robert Kohler Jeff Hagers Evan Niehues Kristen Knight Matthew Hoffman Page 1 of 4 MINUTES OF THE BOARD OF ADJUSTMENT A rescheduled meeting of the Board of Adjustment was held on September 12, 2011 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: August 1,2011 Approved Page 2 New Business: BOA 11-3924 (1417 W. Martin Luther King/E-Z Mart, 521) Approved Page 3 BOA 11-3925 (6687 W. Wedington/Truck-N-Trailers, 435) Withdrawn Page 4 MEMBERS PRESENT MEMBERS ABSENT Sheree Alt Robert Kohler Kristen Knight Evan Niehues Jeff Hagers Matthew Hoffman STAFF PRESENT Andrew Gamer Jesse Fulcher Jason Kelley Board of Adjustment Chair Sheree Alt called the meeting to order at 3:45 PM. October 3,2011 Board of Adjustment 09-12-11 Minutes Agenda Item 1 Page 1 of 4 Page 2 of 4 Approval of the minutes from the August 1,2011 Board of Adjustment meeting. Motion• Board Member Knight made a motion to approve the August 1, 2011 Meeting Minutes. Board Member Kohler seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. October 3,2011 Board of Adjustment 09-12-11 Minutes Agenda Item 1 Page 2 of 4 Page 3 of 4 BOA 11-3924 (1417 W. Martin Luther King Blvd./E-Z Mart, 521): Submitted by Alan Reid & Associates for property located at 1417 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.98 acre. The request is for a variance from the front building setback requirements to permit a building expansion. Jesse Fulcher, Current Planner, gave the staff report. Alan Reid, applicant, discussed the project. No public comment was presented. Motion: Board Member Knight made a motion to approve the request as recommended by staff. Board Member Neihues seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. October 3,2011 Board of Adjustment 09-12-11 Minutes Agenda Item 1 Page 3 of 4 Board of Adjustment Meeting September 12, 2011 Page 4 of 4 BOA 11-3925 (6687 W. Wedington Dr./Trucks-N-Trailers, 435): Submitted by Alan Reid & Associates for property located at 6687 WEST WEDINGTON DRIVE. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 2.00 acres. The request is for a variance of the bulk and area requirements to permit a property line adjustment. THE APPLICANT WITHDREW THIS REQUEST PRIOR TO THE MEETING. THIS ITEM WAS NOT DISCUSSED Announcements Andrew Garner, Senior Planner, discussed that City staff was proposing revisions to the Unified Development Code related to nonconforming structures and lots. There being no further business, the meeting was adjourned at 4:00 PM. October 3,2011 Board of Adjustment 09-12-11 Minutes Agenda Item 1 Page 4 of 4 r 131 T 1 BOA Meeting of October 3, 2011 JJy ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: September 28, 2011 BOA 11-3950 (Intersection of Mt. Comfort & Oakland Ave./Oakland Courts, 405): Submitted by Community By Design for property located at the intersection of MOUNT COMFORT ROAD AND OAKLAND AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 1.75 acres. The request is for a variance of the minimum buildable street frontage requirement for a new development. Planner: Dara Sanders BACKGROUND: Property Description and History: The project boundary contains approximately 1.43 acres and is made up of seven undeveloped lots bounded by Mount Comfort, Oakland Avenue, Hazel Street, and Storer Avenue. This site is located north of North Street and the University of Arkansas and is located near several existing bus stops. The properties to the north and south are primarily multi-family residences with nonresidential services to the east and west. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning from Site Single- and Multi-family residences RMF-24,Residential Multi-family,24 units/acre North RMF-40,Residential Multi-family,40 units/acre Single-and Multi-family residences RMF-40,Residential Multi-family,40 units/acre South R-O,Residential Office Single-and Multi-family residences RMF-24,Residential Multi-family,24 units/acre Retail, eating places, office,and C-2,Thoroughfare Commercial West gasoline stations Single-and Multi-family residences RMF-24,Residential Multi-family,24 units/acre East Offices and the St. James Church I R-O,Residential Office In April of 2011, the Planning Commission and City Council approved a request to rezone the subject property from RMF-24, Residential Multi-family, 24 dwelling units per acre, to CS, Community Services. The CS zoning district requires a minimum buildable street frontage of 65% within the build-to zone (between 10 feet and 25 feet from the front property line). The total street frontage along the four adjacent public streets is approximately 624 feet, which requires that the total length of all buildings on the subject October 3,2011 Board of Adjustment G:IETCIDevelopment Services Review1201 IIDerelopment Review UO-3851 BOA 410 LafayeuelBOAl0(-00-I PConme)RDAlt4e139"Oakland Courts Agenda Item 2 Page 1 of 12 property be a minimum of 405.6 feet within the build-to zone. There are several significant trees on the site that are required by Unified Development Code Chapter 167, Tree Preservation, to be preserved. Two of these trees are located within the build-to zone at the northeast corner of the project boundary, which prevents buildings from being constructed in this location. Request: The applicant requests approval of a variance from the 10' to 25' build-to zone requirement and the 65% minimum buildable street frontage requirement of the CS zoning district, as listed in Table 2. Variance Issue Ordinance Requirement Applicant's Proposal Mount Comfort Road minimum buildable street frontage 65% 40%(25%variance) Mount Comfort build-to zone 10'-25' from the right-of-way Y froth the right-of-way(T variance) Oakland Avenue minimum buildable street frontage 65% 51% Hazel Street minimum buildable street frontage 1 65% 54% Storer Avenue minimum buildable street frontage 65% 89% Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends approval of the request, subject to the following conditions of approval. 1. All conditions of approval for ADM 11-3948 and LSIP 11-3933 shall apply. 2. All required permits shall be obtained prior to any construction or to improve the subject property. BOARD OF ADJUSTMENT ACTION: 0 Approved O Denied 0 Tabled Date: October 3, 2011 Motion: Second: Vote: FINDINGS: City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. October 3,2011 Board of Adjustment BOA11-3950 Oakland Courts Agenda Item 2 Page 2 of 12 CITY PLAN 2030 FUTURE LAND USE PLAN DESIGNATION: City Neighborhood Area 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 several special conditions and circumstances that exist, which are peculiar to the land and the City's zoning and development regulations that would prohibit the applicant from providing the 405 linear feet of building fagade in the build-to zone, as required by the underlying CS, Community Services, zoning district. Specifically, the CS, Community Services, zoning district requires that buildings be located in a build-to zone located between 10 and 25 feet of the right-of-way and at least 15 feet from an adjacent residential property. While these 10- and 15-foot setbacks are not buildable, these areas are required by definition to be included in the calculation of the minimum buildable street frontage percentage. There are several significant trees on the subject property that are located primarily adjacent to the public streets surrounding the project boundary. Specifically, there are two significant trees located within the build-to zone in the northwest corner of the project boundary (at the intersection of Oakland Avenue and Hazel Street). Unified Development Code Chapter 167, Tree Preservation, requires that these trees be preserved. This results in 109 linear feet of unbuildable street frontage that is required by definition to be included in the calculation of the minimum buildable street frontage percentage. Finally, the southwestern portion of the project boundary is a peculiar shape, as the west-bound traffic lane of Mount Comfort Road intersects with North Street at an acute angle while Oakland Avenue intersects with Mount Comfort Road at a 90 degree angle, resulting in a trapezoidal instead of a standard rectangular or square lot. This peculiar existing condition has increased the linear street frontage and created an awkward angle at the most prominent location within the project boundary. By positioning the southwestern corner of Building October 3,2011 Board of Adjustment BOA11-3950 Oakland Courts Agenda Item 2 Page 3 of 12 A 10 feet or more from the right-of-way, the west and south fagades of this building would be shifted outside of the build-to zone, subsequently reducing the minimum buildable street frontage percentage and eliminate several required parking spaces in the lot proposed to the north. 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 literal interpretation of the City's zoning regulations in respect to the minimum buildable street frontage would result in the removal of all significant trees on the site, which is not consistent with the City's tree preservation ordinance. Further, literal interpretation of the City's build-to requirements for Building A proposed for the southwest corner of the project boundary would reduce the minimum buildable street frontage percentage significantly below that which is proposed. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Staff finds that the nonconformity is not a result of the actions of the applicant. Instead, the nonconformity is a result of the location of significant trees worthy of preservation and an existing condition resultingfrom the location and orientation of Mount Comfort Road. 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 front setback and minimum buildable street frontage variances will not confer special privileges, as there are several special conditions that existing, which are peculiar to the subject property, as discussed in Finding 1 on the previous page. 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: Existing nonconformities were not considered as a basis of the findings stated in this staff report. October 3,2011 Board of Adjustment BOA11-3950 Oakland Courts Agenda Item 2 Page 4 of 12 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, October 3, 2011. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: Staff finds that the minimum buildable street frontage and build-to zone variance requests are the minimum requests necessary to meet the tree preservation requirements and to maximize the minimum buildable street frontage on the property. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Staff finds that the proposal is in harmony with the general purpose of the City's zoning and development codes and, more specifically, with the intent of the CS, Community Services, zoning district. When excluding the unbuildable linear street frontage, which includes required setbacks, easements, and tree preservation areas, staff has calculated that the applicant proposes a minimum buildable street frontage percentage of 75% of the buildable linear street frontage. As shown on the applicant's site plan, this overall development places the buildings close to the street and parking tucked behind the building off of an alley, consistent with the intent of the urban zoning districts and the minimum buildable street frontage requirement. C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions of approval. October 3,2011 Board of Adjustment BOA11-3950 Oakland Courts Agenda Item 2 Page 5 of 12 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: NA October 3,2011 Board of Adjustment BOM 1-3950 Oakland Courts Agenda Item 2 Page 6 of 12 T xzzx L �� � pjQ33 w 7 a 9 e,x a Gi lip w � 2 w ggR N Mpg y� a i 8i MH I I I I Map i Q 3f1N3AV URUS j � Y R�E C.I 11 tid � LYYDi j, �Y�g9y n a ii77 o 0o 118=1 �•� y VA y Y \ \TS 1 uN o 311N3hH 4NV Q y z § SE 'S X16 � 7 C Octo L 3,2011 Board of Adjustment BOA11-3950 Oakland Courts Agenda Item 2 Page 7 of 12 September 12,2011 R E G ' 5 T E R E ° ROBERT SHARP.ARCHITECT,mc. Chair of the Board of Adjustment .525 SouTII schoo Ave srE u9 113 West Mountain Street rAYETTEVILLE I AR Fayetteville, Arkansas 72701 PHONE:479.442-0229 FAX:479-442.8721 3 n' RE: REQUEST FOR VARIANCE TO BUILD-TO ZONE G•-e OAKLAND COURTS Chair of the Board of Adjustment, BR Commercial Properties, LLC has applied to the City of Fayetteville for review and approval of a project consisting of three buildings. The buildings will be two and three story and will contain a total of 2,406 sq ft of commercial space and 57 dwelling units. The total proposed built area of the buildings is 45,648 square feet. The exterior of the buildings will be of brick veneer with composition shingle sloped roofs. The parking areas for the project will be located both on the public streets and within the block and will be screened from view. Extensive landscaping and planting of trees along the street is proposed. 71 parking stalls will be provided for this project and 71 parking stalls are required. On behalf of B R Commercial Properties, LLC I request a variance to the build-to zone requirements as follows: On the southwest portion of the property, at the intersection of Mount Comfort Road and Oakland Courts, a portion of the building and overhang extends past the 10' minimum setback from the property line. This area is a triangle that is 9' x 20' as shown on the attached site plan diagram. We request the variance for the following reasons: I. A Special Condition Exists: The way that Mount Comfort Road intersects with Oakland Avenue creates an unusual lot boundary geometry. The proposed building is rectangular in shape due to the necessity of using rectangular floor plans for the dwelling units. If the building were rotated to address Mount Comfort Road, then a similar problem would be created on Oakland Avenue as a portion of the building would move out of the 25' build-to zone. The design team determined that is was more important for the building fagade to address Oakland Avenue since that street has the better chance to become a public civic space defined by building facades and aligned rows of street trees. 2. Literal Interpretation of the Ordinance would deprive the applicant of rights: The applicant has attempted to place the buildings on the site in a manner that creates the highest quality of public and shared spaces between the buildings. If the applicant were required to rotate or slice portions of the building to fit the unusual geometry of the site, it would reduce the area of the building and would reduce the quality of the dwelling units. 3. The Applicant has not caused this Special Condition: Mount Comfort Road is aligned based on its historic route from the days when it was a two lane dirt road leading into the countryside. This acute angled intersection was created when the Arkansas State Highway and Transportation Department created the intersection of North Street and Garland Street. The applicant did not create this unusual geometry. 4. Granting this Variance would not confer any Special Privilege: The granting of this variance would not allow the applicant to increase the yield of this property compared to a similar property owner with a rectangular parcel. It merely allows the applicant to utilize the property in a manner that is consistent with good urban design and land development practice. October 3,2011 Board of Adjustment BOA11-3950 Oakland Courts Agenda Item 2 Page 8 of 12 I look forward to being available to answer question relating to this proposal at the full meeting of the Board of Adjustment. Sincerely, Robert Sharp Robert Sharp, Architect, Inc. cc: File October 3,2011 Board of Adjustment BOM 1-3950 Oakland Courts Agenda Item 2 Page 9 of 12 -r. cr- ( a o p © c-') LU oUJt c y z v cc Cr CD M O00 OccT H n 'i fl l f v. �� A fr W 4 N La V1Q T c¢u 4 C� ,� t i C C'3 Oma. w V) [� *� W 4 UCIO { r� rt 1 " '- " fY wi C: J 7. �•~1' rN ri LU ^II y' Y-To "Oby do a S c` •-�.4'Sir-- cc 2. c' r� fJ LrI CL Q Lr-- October 3,2011 Board of Adjustment BOM 1-3950 Oakland Courts Agenda Item 2 Page 10 of 12 BOA11-3950 OAKLAND COURTS Close Up View HOLLY ST ` i I:ti J 0A1 MIN b1 J HOLLYST \` j Q r SUBJECT PROPERTY M a HAZEL ST o4f,, ; GRT = ca 777fififiRRR ? 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BFd ^"ddN 1 10.9E i 2 W w J _..�F 3 4 MARKH I ReFd RRp RVg"d AM RD R-i . ! ,- SUTTON ST Y REFI N - �F M" R�-s ALLEY 223 NULL Ni $ �a _ DRR d - �qf- Raft ! Overview Legend BOA 11-3950 Subject Property L a QBOAit-3950' I Desi n Overlay District 1. [__-__ ❑ Boundary ___; Plan ing Area 1 =' ' � ❑ Fay tteviNe 0 0.25 0.5 1 M les October 3,2011 Board of Adjustment BOA11-3950 Oakland Courts Agenda Item 2 Page 12 of 12 aevl le BOA Meeting of October 3, 2011 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: September 27, 2011 BOA 11-3951 (629 S. Block Ave./Hamaker, 523): Submitted by Chris Hamaker for property located at 629 SOUTH BLOCK AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.15 acre. The request is for a variance from the lot area requirements to divide the subject property into two tracts. Planner: Andrew Garner BACKGROUND: Property Description and Background: The subject property is located within the Walker Park Neighborhood at the northwest corner of Block Avenue and 7th Street (629 South Block Avenue) and is zoned NC, Neighborhood Conservation. The lot is vacant and an old home was removed from the property within the past few years. The lot is currently undeveloped. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use/Zoning Direction from Site Land Use Zoning North, East, West Single family residential NC, Neighborhood Conservation South Walker Park P-1, Institutional Proposal: The applicant proposes to subdivide the lot into two lots of 3,200 and 3,203 square feet, respectively, resulting in two nonconforming lots as indicated in Table 2. The applicant's stated intent is to build two detached single family residences on the two lots. Table 2: Variance Request Variance Issue Ordinance Requirement Applicant's Request Tract 1 Lot Area 4,000 square feet 3,200 800 square foot variance Tract 2 Lot Area 4,000 square feet 3,203 797 square foot variance Public Comment: Staff has not received public comment. October 3,2011 Board of Adjustment C.Docianents and Settingslagarner.0001Desktoplll-3951 BOA 629 S. Block(Honake').doc BOA11-3951 Hamaker Agenda Item 3 Page 1 of 12 RECOMMENDATION: Staff recommends approval of the requested variances to allow for the proposed lot split as indicated on the submitted survey, subject to the following conditions of approval: 1. A lot split shall be processed in accordance with the City's development codes. 2. In order to retain the detached single family development pattern and density of the immediate surrounding neighborhood, development on each of the new tracts shall be limited to one detached single family residence. 3. In order to retain the traditional development pattern of the surrounding neighborhood, homes on the new tracts shall be oriented with parking and garages/carports located behind the front build-to zone. Garages/carports shall not protrude forward from the principal facade of the structure. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION: DApproved ❑ Denied Date: October 3,2011 Motion: Second: Vote: CITY PLAN 2030 GOAL 1: "We will make appropriate infill and revitalization our highest priorities." FUTURE LAND USE PLAN DESIGNATION: City Neighborhood Area— Walker Park Neighborhood Master Plan FAYETTEVILLE UNIFIED DEVELOPMENT CODE: 161.23 Neighborhood Conservation Zoning District (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other (downtown) zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 41 Accessory dwellings FINDINGS: October 3,2011 G.9ETCIDevelopment Services Review120111Development Reviemil-3951 BOA 629 S. Block Ave(Hamake,)101 Boa)-((of Board of Adjustment Atljn.stmentll0-3-20111Comnien[s and Redlines BOA11-3951 Hamaker Agenda Item 3 Page 2 of 12 City of Fayetteville Unified Development Code Section 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1. Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: Special conditions do not exist that are peculiar to the parcel directly related to lot width. The property is a rectangle approximately 50 feet deep and 128 feet long, originally platted as part of Lot 7 in Block 24 of Jennings Addition. This is not an unusual lot size or shape, though it is larger than the minimum requirements of the NC zoning district. It is a special condition unique to property in this particular neighborhood that qualifies it as appropriate for infill development consistent with the City's adopted comprehensive plan (City Plan 2030). The City's comprehensive plan provides the purpose and intent for zoning regulations. A comprehensive plan must be in place before zoning is adopted, according to state and federal law. Many lots in this neighborhood or in the NC zoning district are not appropriate for infill due to lack of street frontage, lot size, or the general lot configuration. It is an unusual circumstance that the zoning criteria permits the property to be developed for a two-family home (duplex), but the lot cannot be subdivided and developed for two single family homes given the current lot area regulations. The requested variances, if subject to the recommended conditions of approval, would allow infill and revitalization of this property consistent with the City's comprehensive plan. 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 deprive the applicant of rights commonly enjoyed by other properties in the same district. In its current configuration, the property may be developed for one single family residence on a conforming lot, similar to the other properties in this neighborhood, or it may be developed for a two-family residence/duplex, in contrast to the surrounding single family homes. The October 3,2011 G.IETCIDerelopmenl Services Review12011(Development Reviewlll-3951 BOA 629S.Block Ave(Honaker)I01 Roan!of Board of Adjustment Adjusonenl110-3-201 PCommenls and Redlines BOA11-3951 Hamaker Agenda Item 3 Page 3 of 12 applicant proposes two lot area variances in order to create two lots of approximately 3,200 square feet each in the NC zoning district, to allow the development of two single family residences. Staff finds that the variances would not increase density over the current zoning if conditioned appropriately; rather the variances would permit two detached single family residences as opposed to a duplex. The variance would permit infill on the property in a configuration similar to the surrounding development pattern. Staff finds that literal interpretation of the zoning regulations for lot area in this situation conflict with the goals and objectives of City Plan 2030 to encourage appropriate infill development, to encourage and promote attainable housing options, to encourage and provide more opportunities for people to live and work in the City, and to promote compact development in strategic locations. As City Plan 2030 is the overriding adopted land use plan for the City and the background for the zoning code, the policy to encourage appropriate infill is a unique and applicable consideration, and approval of the variance will be, in staffs opinion, "...in keeping with the spirit and intent of the zoning ordinance.", in this particular case (Arkansas Code Annotated 14-56- 416(2)(B)(i)(2)). In addition, the variance will be in keeping with the stated purpose of the Neighborhood Conservation, NC, zoning district which, "Serves to promote and protect neighborhood character." (Fayetteville UDC Section 161.23(A)). 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The applicant's desire to split the property into two non-conforming lots reduces the lot area below the minimum required. The existing lot size predates the applicant, and does not result from the actions of the applicant. The applicant could build a single family residence or duplex on the property in order to get the one additional residential unit. However, a proposal for a duplex would not be in keeping with the surrounding detached single family neighborhood, or the adopted policies of City Plan 2030 to encourage appropriate infill. 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 two requested lot area variances will not confer special privileges on this applicant, in terms of density, land use or setbacks. Two dwellings could be permitted on this property by developing it for a duplex; however, it is the applicant's desire to construct two detached single family residences. Staff finds that the applicant's proposal is more consistent with goal No. 1 of City Plan 2030, and more appropriate in a NC October 3,2011 C-IETCIDevelopment Services Revimw 201 PDevelopmenl Reviewlll-3951 BOA 629S.Block Ave f lamaker)I01 Boa,d of Board of Adjustment kliaaslmenIHO-3-20111Cornments and Redlines BOM 1-3951 Hamaker Agenda Item 3 Page 4 of 12 zoning district than developing the site for a duplex. Staff does not find that meeting the goal for appropriate infill is a special privilege in this case; rather it is the implementation of the adopted land use plan for the City. 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: Existing nonconformities were not 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, October 3, 2011. 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: Reasons are provided throughout this report that discuss the justification for granting the variances. The variances are the minimum needed to make possible the creation of two single family lots compatible with the surrounding neighborhood. A variance is not needed to construct a duplex or one single family residence on the property. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Given the surrounding lot configuration and development pattern in this older neighborhood with single family homes on narrow lots, staff finds that the proposal to create two new lots as shown on the survey would not be injurious to the neighborhood. Rather, the proposed lot sizes and development pattern would be more compatible with the October 3,2011 G:IETCIDevelop+nenl Services Review120111Development Rciiewlll-3951 BOA 629S.Block Ave(Plamaker)M Board of Board of Adjustment Adjushnenll10-3-20111Cmnments and Redlines BOA11-3951 Hamaker Agenda Item 3 Page 5 of 12 surrounding land use, which consists of single family homes on small lots, with conditions recommended herein. Also see discussion under Findings No. A.1 and A.2. It is staff's finding that the granting of the variance would be in keeping with the spirit of the zoning ordinance. 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 approval, with conditions that development on the new lots be limited to detached single family homes, and that parking for the homes is side or rear-loaded in keeping with the traditional neighborhood character. Future development or re- development of the site will require the property owner to meet all applicable building setbacks and the build-to zone requirement. 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: Single-family dwelling units are a use permitted by right in the NC zoning district. October 3,2011 G:IETCDevelopment Services Review120111Developmeat Reviewi Ll-395/BOA 6295.Bloch Ave(Hamake,)10]Board of Board of Adjustment Aiustmentl10-3-20111Commenls and Redlines BOM 1-3951 Hamaker Agenda Item 3 Page 6 of 12 Fayetteville Unified Development Code 161.26 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings.Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 41 Accessory dwellings (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 10 Three-family dwellings Unit 12 Limited Business * Unit 24 Home occupations Unit 25 Offices, studios,and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Single Family40 ft. Two Family 80 ft. Three Family 90 ft. (2) Lot area minimum.4,000 Sq.Ft. (E) Setback regulations. Front The principal £made 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 October 3,2011 G:IEMDevelopment Services RevieM201 PDevelopmeel RevicM11-3951 BOA 629 S. Block Ave(Hamoker)101 Board of Board of Adjustment Atljustmentl10-3-20111Comments and Redlines BOM 1-3951 Hamaker Agenda Item 3 Page 7 of 12 the front property line. Side 5 ft. Rear 5 ft. Rear, from center line 12 ft. of an alley (F) Minimum buildable street frontage.40%of lot width. (G) Height regulations. Maximum height is 3 stories or 45 feet which ever is less. (Ord.5128,4-15-08; Ord. 5312,4-20-10 October 3,2011 G:IETCIDevelopmenl Services ReviewQ0l PDerelolnnenl Rei iewlll-3.951 BOA 629 S.Block Ave(Hmnaker)W Board of Board of Adjustment Adjush+7e;itl10-3-2011)Cmrvnenls and Redlines BOA11-3951 Hamaker Agenda Item 3 Page 8 of 12 09/09/2011 Board of Adjustments City of Fayetteville 125 W Mountain St Fayetteville, AR 72701 Attn: Board of Adjustments Re: Lot Split for Chris Hamaker on the corner of S Block Ave and E 7"'St I am requesting a lot split variance to allow for two separate single-family lots that do not currently meet the minimum square footage requirements.The subject property is located at the corner of S Block Ave and E 7`h St (629 S Block Ave),just across the street from the most northern portion of Walker Park.This lot is currently zoned NC, Neighborhood Conservation,where the minimum lot square footage is 4,000 square feet.This requested variance for the lot split would create two lots of approximately 3,200 square feet and 3,203 square feet. The reason for this request is that I would like to build two detached single family homes that would be consistent with the adjoining properties and the bulk of the homes in the neighborhood.The current zoning,without a lot split, would allow for a newly constructed duplex or two single-family attached units.This is not my initial desire since it would not conform to the adjacent homes and the neighborhood as well as two detached single-family homes.All city utilities, sewer and water, are already at the street since a dilapidated house was already removed from the property last year. My plan is to build two new homes with approximately 900-1200 square feet that conform to the current existing homes and new construction in the neighborhood. I feel this type of home is a much better fit in the neighborhood than a duplex. No addition street parking is being requested since these homes will afford off-street parking via a driveway. Respectfully, Chris Hamaker October 3,2011 Board of Adjustment BOA11-3951 Hamaker Agenda Item 3 Page 9 of 12 BOARD OF ADJUSTMENT - PROPOSED LOT SPLIT 3 G' N 100.00' G w O O O O O d � 27.5' $ N87°24'32"W 50.00' CONC DRIVE 50.00' B.S.B. $ 00 _ PART - o �V N CD O ED o LOT 7 O od x o $ It 0.071 ACRES D N ca 31200.0± SQ. FT. o_ u, S87°24'32" 1,4 E 50.00' 5' B.S.B. LW N7 PART o 3 $ N LOT 7 I Ip 0.07± ACRES $ I3,203.3± SQ. FT.CD I� NP N '^ O 50.00' Z Im R. GRATE (Q I $ R/W CONCRETE SIDEWALK 0 7TH STREET 58 50.00'0 E _ 50.00' (40' R/W, PAVED) — I SURVEY DESCRIPTION LEGEND LOT SEVEN (7), IN BLOCK TWENTY—FOUR (24), JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD 4 AT • EXISTING IRON PAGE 4. LESS AND EXCEPT THE SOUTH FIFTEEN (15) O SET 1/2" IRON REBAR FEET OF SAID LOT SEVEN (7). x CHISELED X IN CONC. EXISTING NAIL CURRENT ZONING: NC NEIGHBORHOOD CONSE TON , �.(.�„�, L7 FIRE HYDRANT MIN. LOT FRONTAGE: 40 FEET �1S'T� } © GAS METER i , ,, , f7 POWER POLE SETBACKS: FRONT — 0-25 FEET �i 4 •` ® SANITARY SEWER REAR — 5 FEET •r• STATE OF SIDE — 5 FEETAS ® STORM DRAT '6ctober 3,2011 5 O TELE PEDESDdardof Adjustm nt MIN. AREA: 4000 SQUARE FEET ® WATER METEROA11-3951 Ha ker dA sicNn'vxa Agenda Item 3 WONP G .. .I I f• N WATER VALVFpage 10 of 12 , .. 4�e