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HomeMy WebLinkAbout2006-02-06 - Agendas 7 t"""I —1 a lie t THE CITY OF FAYETTEVILLE, ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telep�one:(479)575-8267 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT Monday,February 6, 2006 at 3:45 p.m. Room 326, City Administration Building The following items will be considered: Approval of minutes from December 5,2005 and January 9,2006 meetings. New Business: 1. BOA 06-1917(IFWORLD, 135): Submitted by JEREMY WEBB and IFWORLD for property located at 4058 N COLLEGE AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 1.56 acres. The requirement is for a 50'setback. The request is for a 40'setback(a 10'variance)to accommodate a generator. Planner: Jesse Fulcher 2. BOA 06-1918(PENGUIN ED'S,523): Submitted by ED KNIGHT for property located at 230 S EAST AVENUE. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 0.56 acres. The request is for variance of required setbacks to allow for additions to the existing non-conforming structure. Planner- Andrew Garner 3. BOA 06-1919(WRMC,211/212): Submitted by USI-ARKANSAS,INC.for property located at 3215 N.NORTH HILLS BLVD. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 52.03 acres. The request is for a reduced setback from 577'to 30' (a 277'variance)in an R-0 zoning district. Planner: Suzanne Morgan 4. BOA 06-1923(PEACE AT HOME,21/60): Submitted by CITY OF FAYETTEVILLE for property located SOUTH OF IVEY ROAD,EAST AND WEST OF CROSSOVER ROAD- The property is zoned R-A,RESIDENTIAL- AGRICULTURAL and contains approximately 77.50 acres. The requirement is for a 2 acre lot area minimum and 200' of lot width. The request is for a 1.5 acre lot width(0.5 acre variance)and a 20' lot width(a 180'variance.) Property Owner: City of Fayetteville Planner: Andrew Garner 5. BOA 06-1938: (DAVIS,559): Submitted by STEPHEN LEWIS DAVIS for property located at 2050 W.6b STREET (the former Shake's bldg.) The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.27 acres. The request is for a variance of the west front building setback for the addition of approximately 30 s.f to the SW comer of the structure. The requested front setback is 22.19' (a 27.81' variance-) Property OwDer: Stephen L.Davis Planner: Suzanne Morgan All interested parties may appear and be heard at the public bearings. A copy of the proposed arrienifirents and other pertinent data are open and available for inspection in the office of City Planning(479-575-8267), 125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330. Tayp 4-1 BOA Meeting of February 6, 2006 KANSAS 125 W. Mountain St. Fayetteville,AR 72901 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate,Director of Current Planning DATE: January 31, 2006 BOA 06-1917(IF WORLD, 135): Submitted by JEREMY WEBB for property located at 4058 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERICAL and contains approximately 1.56 acres. The requirement is for a 50' front setback. The request is for a 30' front setback (a 20' variance) to accommodate a proposed generator. Property Owner: Munoco Company Planner: Jesse Fulcher RECOMMENDATION: Staff recommends denial of the requested front setback variance,based on the findings herein. Staff finds that there is ample room to locate the proposed generator and meet zoning codes with which all surrounding properties must comply. Additional Conditions/Comments: The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this variance. Name: Date: BOARD OF ADJUSTMEMTA:CTION: ❑ Approved ❑"Denied ❑ Tabled Motion; Second: Votes Date: Februarv.b,2006' K:Weporuv 20061ROd Reporls102-06-061R09 06-1917(IF World).doc February 6,2006 Board of Adjustment BOA 06-1917(IF WORLD) Agenda Item 1 Page 1 of 14 BACKGROUND: Background and Property Description: The property is located at 4058 N. College Ave. with frontage on N. College Ave. and Frontage Rd. The property currently contains a multi-story office building and associated parking. The building was constructed in confonnance with all applicable setbacks in 1989; however the existing structure is located within the front building setback from Frontage Rd. This likely occurred due to the adoption of the Master Street Plan in 1996. Proposal: The applicant plans to install a generator on the property as a back up power supply for the server room. The applicant has requested the variance,because there is an existing cement pad with an existing 5' cement wall on two sides. The applicant is requesting a setback variance to allow for the placement of the generator on the existing cement pad, encroaching into the front building setback along Frontage Road. Table 1 Variance Request Variance Issue Ordinance Requirement Requested Setback Variance Front setback(Frontage Road 50' 30' 20' GENERAL PLAN DESIGNATION: Regional Commercial 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 special conditions and circumstances that exist which are peculiar to this property. This property was developed prior to adoption of the City's Master Street Plan. Consequently, the existing structure does not meet the current setback regulations. However,there is adequate room on the north side of the building for locating the generator, which would be outside of the northern utility easement and the required building setback; this would not require a variance. 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 zoning regulations would not deprive the applicant of rights commonly enjoyed by other properties in the same district. All other surrounding properties within the same zoning district must abide by the same kl Repoi ls120061 BOA Repo-tol02-06-061BOA 06-1917(/F Wm ld).doc February 6,2006 Board of Adjustment BOA 06-1917(IF WORLD) Agenda Item 1 Page 2 of 14 regulations regarding building setbacks. There is ample room on the property to locate the structure and meet zoning codes. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The request to locate the proposed generator within the building setback is an action of the applicant. Even though the property was originally developed prior to the adoption of the Master Street Plan,the size of the property allows for locating the generator outside of the required setbacks. 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 setback variance will confer special privilege on this property that is denied by Chapters 160-165 to other lands and structures in the same district. All properties within the C-2 zoning district are required to meet building setbacks from the Master Street Plan right-of-way. 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, February 6,2006. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. K lRepa9s120061BOA Repor[s102-06-061BOA 06-1917(IF Wmld).doc February 6,2006 Board of Adjustment BOA 06-1917(IF WORLD) Agenda Item 1 Page 3 of 14 Finding: The requested front setback variance is the minimum variance necessary to accommodate the proposed structure on the subject property. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood,or otherwise detrimental to the public welfare. Finding: Granting the variance will not be in harmony with the general purpose and intent of zoning regulations. However,not injurious to the neighborhood,other areas are available to locate the generator that would meet all required setback requirements. C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended denial of the variance. 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 use is permitted in the zoning district. K:IReportsl20061 BOA Repor[s102-06-061BOA 06-1917(IF World).doc February 6,2006 Board of Adjustment BOA 06-1917(IF WORLD) Agenda Item 1 Page 4 of 14 161.17 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 12 Offices,studios and related services Unit 13 Eating laces Unit 14 Hotel,motel,and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and services Unit 18 Gasoline service stations&drive-in restaurants Unit 19 Commercial recreation,small sites Unit 20 Commercial recreation,large sites Unit 25 Professional offices - Unit 33 Adult live entertainment club or bar Unit 34 Liquor store (2) Conditional uses. Unit2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilites ) (C) Density- None. (D) Bulk and area regulations. None. (E) Setback regulations. FFront 50 ft. Side None Side,when contiguous to a residential district 1 15 ft. Rear 1 20 ft. (F) Height regulations. In District C-2 any building which exceeds the height of 20 feet shall beset back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. No building shall exceed six stories or 75 feet in height. (G) Building area. On any lot,the area occupied by all buildings shall not exceed 60%of the total area of such lot. (Code 1965,App.A.,Art.5(VI);Ord.No. 1833,11-1-71;Ord.No.2351,6-2-77;Ord.No.2603,2-19-80;Ord.No. 1747,6-29-70;Code 1991,§160.036;Ord.No.4034,§3,4,4-15-97;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4727,7-19-05) K:l Reporrs120061BOA Reporis102-06-MBOA 06-1917(IF ifodd).doc - February 6,2006 Board of Adjustment BOA 06-1917(IF WORLD) Agenda Item 1 Page 5 of 14 Dear Chairperson: We are in the process of installing a generator, as a back up power supply for our server room, at the northeast corner of our building and need a 10 ft variance from the 50ft setback from Frontage Street. Below I have listed our responses to #7 a-d of the variance request application. a) We have been told there is a 20 ft utility easement to the north adjoining property and a 50 ft set back to the east from frontage street, we have looked at the property carefully and found the area that we propose to install the generator might intrude 5-1 Oft on this 50 ft set back from Frontage street. After considering all of our options, the set backs, and the set up of the building and parking lot we have discovered that the best location for installing a generator is at the northeast corner of the building. At the northeast corner of the building there is an existing cement pad with an existing 5ft cement wall on two sides of this pad that would make the generator out of view from Hwy 71 B. If we were to install the generator in any other location on the property it would either take away much needed parking spaces or would be visible from Hwy 71 B. b) We are asking for a,16'ft a to the 50 ft set back from Frontage Street. We need this generator in order to continue our business at this location. c) We are not aware of any changes made to the building or property since construction that has caused us to be inside the set back range. February 6,2006 Board of Adjustment BOA 06-1917(IF WORLD) Agenda Item 1 Page 6 of 14 d) Our building is a large building and occupies a large portion of the lot therefore not allowing much space around building to place this generator that is not already much needed parking spaces. Others in our area should be able to install a generator if needed. S' cer ly, VV �'✓ vl J emy ebb Co-Owner IFWORLD, Inc. February 6,2006 Board of Adjustment BOA 06-1917(IF WORLD) Agenda Item 1 Page 7 of 14 Home Standby = 25 SAE Liquid Cooled Gas Engine Generator Sets Continuous Standby Power Rating Models: 25kW 60 Hz 20kW 60 Hz SAE = Sound Attentuated Enclosure 04725 (25kW NG or LPG with 200 Amp ATS) 04726 (25kW NG or LPG - No ars) UL 2200 Listed Power Matched Naturally Aspirated 2 Year Limited Warranty �` Trapp sted) u, ��® Inclu 725. Affil:r_ rsfi�l Em 114726. .. FEATURES ❑ INNOVATIVE DESIGN&PROTOTYPE TESTING are key components of ❑ SOLID-STATE,FREQUENCY COMPENSATED VOLTAGE REGULATION. GENERAC'S success in"IMPROVING POWER BY DESIGN." But it This state-of-the-art power maximizing regulation system is standard on doesn't stop there. Total commitment to component testing,reliability all Generac models. It provides optimizedEAST RESPONSE to changing testing,environmental testing,destruction and life testing, plus testing load conditions and MAXIMUM MOTOR STARTING CAPABILITY by to applicable CSA,UL NEMA,EGSA,and other standards,allows you electronically torque-matching the surge loads to the engine. to choose GENERAC POWER SYSTEMS with the confidence that these systems will provide superior performance. ❑ SINGLE SOURCE SERVICE RESPONSE from Generads dealer network provides parts and service know-how for the entire unit,from the engine ❑ TEST CRITERIA: to the smallest electronic component. You are never on your own when ✓ PROTOTYPE TESTED you own a GENERAC POWER SYSTEM. ✓ SYSTEM TORSIONAL TESTED ❑ GENERAC TRANSFER SWITCHES. Long life and reliability are synonymous with GENERAC POWER SYSTEMS. One reason for this ✓ ELECTRO-MAGNETIC INTERFERENCE confidence is that the GENERAC product line includes its own transfer ✓ NEMA MGI-22 EVALUATION systems and controls for total system compatibility. ✓ MOTOR STARTING ABILITY GUARDIAN® by Gene rac Power Systems,Inc. February 6,2006 Board of Adjustment BOA 06-1917(IF WORLD) Agenda Item 1 Page 8 of 14 STANDARD ENGINE & SAFETY FEATURES Gusotant `� Home Standby-25 SAE 0 High Coolant Temperature Automatic Shutdown O Battery Charge Alternator O Low Coolant Level Automatic Shutdown O Battery Cables O Low Oil Pressure Automatic Shutdown 0 Battery Tray O Overspeed Automatic Shutdown(Solid-state) 0 Vibration Isolation of Unit to Mounting Base O Crank Limiter(Solid-state) O 12 Volt,Solenoid-Activated Starter Motor O Oil Drain Extension O Air Cleaner O Radiator Drain Extension 0 Fan Guard O Factory-Installed Cool Flow Radiator O Control Console 0 Closed Coolant Recovery System O UV/Ozone Resistant Hoses O Stainless Steel Flexible Exhaust Connection 0 Battery Trickle Charger O Rubber-Booted Engine Electrical Connections 0 Flexible Fuel Lines O Fuel Lockoff Solenoid O Critical Exhaust Silencer O Isochronous Governor 0 Main Line Circuit Breaker 0 Secondary Fuel Regulator(N.G.and L.P.) 0 Automatic Transfer Switch 0 Weather Protective Enclosure(Locking Type) (Included with model 04725 only) Home Standby Control Features: Home Standby Control Home Standby Microprocessor Distributed by: Console Controls ManuaVAuto/Off switch Automatic voltage regulation Fault indicator lamp Utility voltage sensing Fuse(panel overload) Utility interrupt delay Set exercise time switch (10-second setpoint) Engine warm-up (10-second setpoint) Engine cool-down (1-minute setpoint) Seven-day exerciser 9 Design and spec) we appraimato change without notice. I'�[29.se']�I .. Dimensbreshown are approximate. contact your Generac dealer for wrtified drawings. DO NOT USE THESE DIMENSIONS FOR INSTALLATION PURPOSES. Overall Height o 40 inches 1360 Overall Length=68 inches 53 le6 HPSE FOnTPdMi 12.099 14]]'1 ]9 0 $g ELECTL [a.JS'] STUB-IP TYP AREA � 654 _ tas.>v] � 4]s ® Ham na. ' rooTPRMT 6I6 [24.25'] Q P o 09.5 _ -- o � o _— — � 639 '•I S]5'] [3.52'] 01506 I2V HATTER/ NaiE l cacs99 sF2 rvpTE a 4]H La°3-] SHIPPING WEIGHT": 10101bs. 16 FEcs: 996 na6r] nP Tm 'Includes Transfer Bunch 13],29']TYP GENERAC POWER SYSTEMS, INC. P.O. BOX 297 WHITEWATER, WI 53190 WEBSITE: www.guarciangenerators.com ._ Febbary 6,2006 2.04,9.04,2.0.5 _ _ of spearmuora wbfecrto change w5mardi(adf Adjustment BOA 06-1917(IF WORLD) Agenda Item 1 Page 9 of 14 Frontage 57' ft. sidewalk sidewalk sidewalk x. uare x Sd�er;bs'x, . Corporate Sq 4058 N. 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Planning Area BOA06-1917 0000q, - - oOverlay District o Outside City _ ------ - Legend 00.120.25 0.5 0.75 1 February 6,2 6 HP'Sstm BOA 06-1917 8 (Fof BWOR D) - Age els 1 Page 14 of 14 Tavet BOA Meeting of February 6,2006 —V �v '' 125 W. Mountain St. neKANsas Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Andrew Gamer, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: January 23, 2006 BOA 06-1918 (PENGUIN ED'S, 523): Submitted by ED KNIGHT for property located at 230 EAST AVENUE. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 0.56 acres. The request is for variance of required setbacks to allow for changes to the existing non- conforming structure. Property Owner: Emperor Investment, LLC Planner: Andrew Garner RECOMMENDATION: Staff recommends approval of the requested front and side setback variances for the existing Penguin Ed's B & B Barbeque as shown on the attached drawings with the following conditions: 1. Future alterations or additions to the existing structures shall meet required building setback regulations from the Master Street Plan right-of-way, unless otherwise approved by the Board of Adjustments. Approval of this variance only applies to the existing structure, and no future expansions. 2. Prior to issuance of a building permit,a Master Street Plan Amendment to amend the Archibald Yell Boulevard right-of-way is required to be approved by City Council to allow for the existing building footprint to remain in the right-of-way, with the proposed expansion. 3. Future alteration or additions to the existing structures shall meet required regulations for improvements to nonconforming parking lots. 4. The existing building footprint shall not be extended west or north any further into the building setbacks. 5. All required permits shall be granted prior to any construction or additions to the existing structures. Additional Conditions/Comments: K:IRepoi fs120061BOA Repo,0102-06-061BOA 06-1918(Penguin Ed's).doc February 6,2006 Board of Adjustment BOA 06-1918(Penguin Ed's) Agenda Item 2 Page 1 of 16 The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this variance. Name: Date: BOARD OFADJUSTMENT ACTION: O Appxoved O:Denied. : ,O Tabled Motion• Second: .: Vote: Date: FeWitary 6,2006, BACKGROUND: Background and Property Description: The property is located at 230 East Avenue with frontage and an entrance onto Archibald Yell Boulevard. The property currently contains Penguin Ed's B& B Barbeque Restaurant which consists of a 3,033 square-foot building and a 34 space parking lot. This property has been continuously used for restaurant use prior to the establishment of zoning regulations and the Master Street Plan right-of-way in the City of Fayetteville. Therefore, the structure is located well within the front building setbacks off of Archibald Yell Boulevard, and within the Master Street Plan right-of-way. The property is entirely surrounded byR-0 zoning,with office uses to the north across Archibald Yell Boulevard, and residential uses to the east,west, and south. The existing nonconforming use is allowed to continue,however significant improvement or expansion to the restaurant would require a conditional use approval to allow for this development to occur. The applicant has applied for a conditional use permit to be heard by the Fayetteville Planning Commission on February 13, 2006. Proposal: The applicant intends to improve the existing building by adding a 546 square foot addition, expanding the building footprint to the east and south. The applicant requests setback variances to the north and west for the existing restaurant and associated smokehouse to allow for improvements and expansion of the restaurant to the south and east. The applicant is also requesting an amendment to reduce the Master Street Plan right-of-way of Archibald Yell Boulevard to allow for the existing building footprint to remain within the right-of-way. The Fayetteville City Council is the decision-making body with the authority to amend the Master Street Plan right-of-way. The existing condition of the property and variances requested of the Fayetteville Board of Adjustment are shown in Table 1. X:IRepons1200MBOA Reportsl02-06-0600A 06-1918(Penguin Ed's).doe February 6,2006 Board of Adjustment BOA 06-1918(Penguin Ed's) Agenda Item 2 Page 2 of 16 Table 1 Variance Request Variance Issue Ordinance Requirement Existing Setback Variance Front setback north 30' 0' 30' Side setback west 10' 0' 10' Note: The entire front and side setback is not modified with this request, only those portions that currently exist. GENERAL PLAN DESIGNATION: Mixed Use 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 special conditions and circumstances that exist which are peculiar to structure. This property was constructed prior to adoption of the City's Master Street Plan right-of-way and current zoning regulations. Consequently, the existing structures do not meet the current setback regulations and any repair, extension, or expansion to the structures may not be permitted without a variance to said regulations. 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 permit the improvements or expansion to the existing structures. All other surrounding properties within the same zoning district must abide by the same regulations which limit this applicant from improvement of the subject property. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The property was constructed prior to the establishment of current rights-of- way and zoning regulations and does not result from the actions of the applicant. As the property currently exists, it is nonconforming and could remain in its current state without any variances. As it is the applicant's desire to improve the structure, variances of building setbacks are required. Staff rinds that the circumstances which have created the requirement for such variances are not a result of any action of the applicant and the improvement of K:IReports12006WA Repo,aW-06-061ROA 06-1918 Wemmn Ed's).doc February 6,2006 Board of Adjustment BOA 06-1918(Penguin Ed's) Agenda Item 2 Page 3 of 16 the structures and subsequent landscaping improvements will benefit the City of Fayetteville and enhance those properties in the vicinity.. 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 setback variances will not confer special privileges on this property. 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,February 6, 2006. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land,building, or structure. Finding: The requested front and side setback variances are the minimum variances necessary to accommodate the existing structures on the subject property. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood,or otherwise detrimental to the public welfare. Finding: Granting the variances will be in harmony with the general purpose and intent of zoning regulations, and will not be injurious to the neighborhood. The K:IReporls120061BOA Reporul02-06-06180,4 06-1918(Penguin Ed's).doc February 6,2006 Board of Adjustment BOA 06-1918(Penguin Ed's) Agenda Item 2 Page 4 of 16 location of these structures is similar in nature to other structures in the area that were built prior to current regulations. Additionally, the proposed improvements would not increase the existing nonconformity to the north off of Archibald Yell Boulevard, or off the side property line to the west, but would rather extend the structure to the south and cast outside of the required setbacks. 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 structure is utilized for restaurant, a conditional use in the R-O Zoning District. klRepoa'ts1200600A Reponsl02-06-061BOA 06-1918(Penguin Ed's).doc February 6,2006 Board of Adjustment BOA 06-1918(Penguin Ed's) Agenda Item 2 Page 5 of 16 From Chapter 161 Zoning Regulations Lot within a manufactured home 4,200 sq.ft. Fayetteville Unified Development Code park Townhouses: Development 10,000 sq.ft. 161.15 District R-O,Residential Office Individual lot 2,500 sq.ft. Single mil6,000 sq-ft. (A) Purpose. The Residential-Office District is Two-famil 6.500 sq-ft. designed primarily to provide area for offices Three or more 8,000 s .ft. without limitation to the nature or size of the Fraternity or Sorority 1 acre office, together with community facilities, (3) Land area per dwelling unit. restaurants and compatible residential uses. Manufactured home 3,000 sq.ft. (B) Uses. Townhouses&apartments: No bedroom 1,000 sq.ft. One bedroom 1,000 sq.ft. (1) Permitted uses. bedrooms Two or more 1,200 sq.ft. Fraternity or Sorority 500 s .ft. er resident Unit 1 Ci -wide uses by right (D) Density. Unit 5 Government facilities Unit 8 Single-family dwellings nitse Unit Two-family dwellings Ur acre 4 to 24 Unit 12 Offices,studios and related services Unit 25 Professional offices (E) Setback regulations. Front 30 ft. (2) Conditional uses. Front,if parking is allowed between the 50 R right-of-way and the building Side 10 ft. Unit 2 City-wide uses by conditional use Side,when contiguous to a residential 15 ft. permit district unit 3 Public protection and utility facilities Rear,without easement or alley 25 ft. Unit 4 Cultural and recreational facilities Rear,from center line of public alley 10 ft. Unit 11 Manufactured home park tiioit 43 Eapri : las Unit 24 Home occupations (F) Height regulations. There shall be no Unit 26 Multi-family dwellings maximum height limits in R-ODistricts,provided, Unit 36 Wireless communications facilities however, that any building which exceeds the height of 20 feet shall be set back with any boundary line of any RSF or RMF District an (C) Bulk and area regulations. additional distance of one foot for each foot of height in excess of 20 feet. (Per dwelling unit for residential structures) (G) Building area. On any lot,the area occupied (1) Lot width minimum. by all buildings shall not exceed 60%of the total area of such lot. Manufactured home park 100 ft. Lot within a manufactured home 50 ft. (Code No.1965,App.A.,Art,5(x);Ord.No.2414,2-7-78;Ord.No. ark 2603,2-19-80;Ord.No.2621,4-1-80;Ord.No.1747,6-29-70;Code Single-family 60 ft. 1991,§160.041;Ord-No.4100,§2(Ex.A),6-16-98;Ord.No.4178, Two-family 60 ft. 8-31-99;Ord.4726,7-19-05) Three or more 90 ft. (2) Lot area minimum. Manufactured home ark 3 acres K:I1?eports12006WA Reports102-06-061BOA 06 1918(Penguin Ed's).doc February 6,2006 Board of Adjustment BOA 06-1918(Penguin Ed's) Agenda Item 2 Page 6 of 16 �vv�NF Q� N ORIGINAL LOCATION: B&B LOCATION: 2773 Missiow Blvd. 230 S. EAST Sr. FAyrnEvillr, AR 72701 FAyErrEvillE, AR 72701 (501) 587-8646 Q'B'a (501) 521-3663 FAx: 587-8951 PENGUIN ED'S BBQ FAx: 521.8985 December 8, 2005 Dear Chairperson of the Board: A. A special condition for the granting of a variance exests in that our current building was built in the nineteen sixt(res and that when the adoption of the master street plan was made in 1999, this put our structure in the right of way (through no fault of our own). B. A literal interpretation of this ordinance would not allow our current building or any additions, changes or improvements to it; a situation which is wholly o&of our control. C. We purchased this building as is, and where is, and that the special conditions and circumstances are definitely not a result of any actions by us, the applicants. D. We would not be the beneficiaries of any special prix%ledges denied by this ordinance to any other buildings or properties in this same district. It is solely for the purpose of allowing us to increase and improve our existing structure in this small way. Sincerely, j V, Edward S. Knight President February 6,2006 Board of Adjustment BOA 06-1918(Penguin Ed's) Agenda Item 2 Page 7 of 16 Penguin Ed's BBQ, Inc 230 S. East Ave. Fayetteville,AR 72701 December 22,2005 VARIANCE This application is for the purpose of us being allowed to add on to our existing restaurant,Penguin Ed's B&B Barbeque, located at 230 East Avenue. Our existing building totals 3033.24 square feet. Our proposed add on totals 546 square feet. Currently our dining area totals 640 square feet. With our proposed addition we will total 1186 square feet of dining area. The parking requirement for 1186 square feet is 12 parking spaces and we currently have 34 paved off street parking spaces. Our hours of operation are as follows: 10:30am to 8:00pm,Monday through Thursday. 10:30 to 9:00pm on Friday and Saturday. We are closed on Sundays. We currently operate with 7 employees on most shifts. We anticipate 200-250 customers per day which are predominately adults with very few children. Our parking lot is lighted with 3 existing pole lights: two of which are maintained by AEP and one by the City of Fayetteville. Sincerely, Edward S.Knight President February 6,2006 Board of Adjustment BOA 06-1918(Penguin Ed's) Agenda Item 2 Page 8 of 16 3noaWGMe I aaoao ?�� 5.03 NInON3d CAME i01300W3N WELVA3HaW/ NOVU pyz€ 59ZObl 3E ® a Y a, I s I € a I 0 o� u4 M € n Noft� ..r ® o 4 ® WW x FO a yb N. W= V & ® ® N e February 6,2006 Board of Adjustment BOA 06-1918(Penguin Ed's) Agenda Item 2 Page 9 of 16 a Z g c d L p 4 M a � Blued 3dt 4F 4f' W Noft�, ht RS 9tl11NM Q3 mvn®01nuv. E F &td AS .tPl .[Pl .�Ot-b Y A26 February 6,2006 Board of Adjustment BOA 06-1918(Penguin Ed's) k Agenda Item 2 _ Page 10 of 16 - VLAI Ut- buliYrr q �y FOR WILLIAM H• BASSETT ;LNC r o zo• ko• ticu,err-.aa' I MEND FROPERTYUNE_�/���,,/•' .//�" p Hyv,vval" .>' - O FOUND INCH fIN —X—X— FENCE j ✓�� E S POB POINTOfBEGIN0Ni ` 159.8'�.,�... EAST � .. _ - ac�.Z 5� NCR(TE OervE 14 '-- - - 30' r N 'e 39 S• af• " . �g•y6 E y - ONE STORY FRA47E Sr•2". � h .. PT.NI/2- SWI/4 _ y k.e. ' LOT It BLK.42 r "v 230 S. EAST A - 9.3' \\ ? o ACJ H: 6, o•:,,'-_'d Q'u' ORIGINAL TOWN PLAT \ a �• 4' OSOW_ k6 .2T.S' r _ 38 .-. '~ ac 0.515 AC i Qcopr IL 0 °e Qe .. P7 NEI/4-SEI/4 eay - 6-16- tAt1 Ta' ---' ---- -'------- -- - - 1 --- - - 238.6 I V SW -WEST CORNER ' r nvr-SWV4 �O ' L01 1. $LK az ate. _<a 9 L�t1I(�Jl* ILH q � � ON,W NAL TO WN PLAT t K W�'a L,1 PT I 1 , SURVEY DESCRIPTION 1 A part of the NEI/4 of the SEI/4 of Section 16,Township 16 North, N Range 30 West,being more particularly described as follows: 0 j o s e rson Beginning at a point that is North 35.0 feet and N89005'W 4.6 feet i£ 1 ch" h —from :- the Southwest corner of the NI/2 of the SWIM of Lot One(1) v 1 C I N I T Y M A P of Block Forty-two(42),as designated upon the original plat of the Town of Fayetteville, and running thence Along an existing wire R'0 BU'Al n Sefbae-kS fence the following: N890051W 32.4 feet, N220581W 23.7 feet, Frar� 30 N69036'E 39.5 feet, S3029'E 13.5 feet, 573021'E 4.6 feet qud Fret tC' if Park 4��cwe 6 ROW t�2 bH S1041'W 21A feet to the point of beginning,containing 0.02 acres, more or less,City of Fayettevilig Washington County,Arkansas. -I S;d 15' 1{cc��7 uov3 }c a re�1cP .a� ,'S4r;cf Rar IZj;'(wof MVV , A hereby certify that I havea/� kq"R stment R�r IG' (from cev-hIrf;,•P- 2nN✓Jl%C1g1 P nguin Ed's) '06ge 11 of 16 mgd °3 �o M 5U cYi� =y w.R: 45E ¢ s� Z10 <) d - .91'66 M, L,OL.00S t u` L \ W M •PR \ .S30VdS S N \ J (� W \ Q j E . a W ; z3� \ 30VdS L i 3.d`pj ..._a._ ._.. j o MwEQN N � O2Of' E6 vii�o 6a�-. \ \ IN �.C)�pN .... F¢z W \\ m O \ ? ¢ \ __ o— \ oo zLLi z\ \ LO N~ jW~o. oa Owz fn t \ a a �z_. \ i £' az m� 6.9 \ W a \ m 05 \ o :z'zt � zzmZ f M—w p .£'zt ¢w pZZO ZW FQ< cp N O\Y W \✓ W m3 } < Z \ ¢ I N aa3 � .O N � O Qf — M W K \ N m \ b 0).10 °. N _.......... /> _ m Z �` 32.5' \ `� W m 3 3— 3 3.— 3 r3 ' .l"OZ Www WMp OD N OD x n O T _ O? x \ February 6,2006 Board of Adjustment w BOA 06-1918(Penguin Ed's) M \ Agenda Item 2 N aw Page 12 of 16 >— MOIM tI $ ' VolAV, ro,l ,y Ek ' v .. 7 ;''� w {� ' Baa`• „ T � \ it. + ` s • c • a al nw liL r e X. 1 -• 11. BOA06-1918 PENGUIN ED'S Close Up View G3 p a oO 4 C TSx"fit �:3+zaY3 R-D 00 > > *W ST C-�y'r. :.. h�__---.--- 1ry�y, ROCK ST —J-- ROCK ST ROCKST KT U fZ4, rY� o a SUBJECT PROPERTY 4 �, iv ED i, SOUTH 9i SOUTH ST sOUTH ST w _ SOUTH o _ a 1a WF14 > rzva -z4 41111'.24 4TH SiN Iasi 5Q)t 9TH ST � 4TH ST � t © R3 � 3 ® aL x?wi I N pr 9T11F-24 © o < �VY1F-2=I w F d?F 19 In 0 Legend a0000°Overlay Distract —FLOODWAY --500 YEAR — 100 YEAR --- LIMIT OF STUDY — — - BaseUne Profile O Fayetteville 0 Outside City BOA06-1918 vector.GDB.Footpnnt_2004 February 6,2006 o 75 1 aoo 450 soo Board of Adjustment Feet BOA 06-1918(Penguin Ed's) �.e A enda Item 2 Mage 14 or 16