HomeMy WebLinkAbout2006-10-02 - Agendas 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.
2006 Board of Adjustment Members
Bob Nickle (Chairman)
Sherrie Alt
Robert Kohler
Eric Johnson
Karen McSpadden
William Chesser
James Zant
ayel4rl
KANSAS
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 2,2006 at 3:45 p.m. -
Room 326,City Administration Building
Approval of minutes from the August 7,2006 meeting.
The following items will be considered:
1. BOA 06-2273(POURVASH,523): Submitted by FIROOZEH POURVASH for property located at 3 W 4TH STREET.
The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.35 acres. The request is
to allow for a 50'lot width(a 10'variance). Planner:Jesse Fulcher
2. BOA 06-2274(PETTIT,407): Submitted by JOSH PETTIT for property located at 1104 N.COLLEGE. The property is
zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.48 acres. The request is for a 0' Setback on
North Street for the existing structure and proposed additions. Planner: Suzanne Morgan
3. BOA 06-2275(MULLIS,561): Submitted by ANNA MULLIS for property located at 836 SOUTH HILL AVENUE.
The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 1.72 acres. The request is
for reduced lot width of 39' for a multi-family lot(a 51'variance). 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 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.
aye L le BOA Meeting of October 2, 2006
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: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: September 26, 2006
BOA 06-2273 (POURVASH, 523): Submitted by FIROOZEH POURVASH for
property located at 3 W 4TH STREET. The property is zoned RMF-24, MULTI FAMILY
- 24 UNITS/ACRE and contains approximately 0.35 acres. The request is for a 50' lot
width(a 10' variance).
Property Owner: FIROOZEH POURVASH
Planner: JESSE FULCHER
RECOMMENDATION:
Staff recommends approval of the requested 10' lot width variance, as shown on the
attached site plan with the following condition(s):
1. The variance shall only apply if a lot split is approved by the City of
Fayetteville and filed of record for the creation of the 50' lot.
2. All setback requirements for the RMF-24 zoning district shall be met with
future construction or alterations.
3. A building permit shall be obtained prior to commencement of any
construction.
Additional Conditions/Comments:
k� 4RD O ? DJSTfiATICiN #3 Approved 1 Degxed
Date (3u#dlieY 2 .2Q0 loi3oh _." SeconzY Vote
October 2,2006
Board of Adjustment
BOA 06-2273(Pourvash)
Agenda Item 1
Page 1 of 12
BACKGROUND:
Background: The subject property is located at 3 W. 4th Street (Lots 3 and 4, Block 11 of
the Jennings Addition). The property was originally platted as two separate lots, however
have since been combined into one legal lot of record.
Proposal: The applicants are requesting a variance for the lot width requirements in the
RMF-24 zoning district. If approved the applicants plan to apply for a lot split, which
would result in two lots, as originally platted in the early 1940's.
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Lot Width (RMF-24) 60' 50' (a 10' variance
CITY PLAN 2025:
INTERIM FUTURE LAND USE PLAN DESIGNATION: Residential
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless
and until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist
which are peculiar to the land, structure, or building involved and which
are not applicable to other lands, structures or buildings in the same
district.
Finding: Special conditions do exist for this property related to lot width. This
property was originally platted as two lots within the Jennings
Addition. Sometime after the single-family home was constructed in
the early 1940's the separate parcels became a single parcel, although
it retained the legal description of Lot 3 and 4.
2. Deprivation of Rights. That literal interpretation of the provisions of the
zoning regulations would deprive the applicant of rights commonly
enjoyed by other properties in the same district under the terms of the
zoning regulations.
Finding: Literal interpretation of zoning regulations related to lot width would
October 2,2006
Board of Adjustment
K:IReports120061BOA Reportsll0-02-061BOA 06-2273(Pourvash).doc BOA 06-2273(Pourvash)
Agenda Item 1
Page 2 of 12
not allow the applicant to pursue a lot split to restore the lot
configuration as it was originally approved. Most of the lots in this
area consist of 50' wide lots as originally platted. Additionally, there
are many existing 50' wide lots in this neighborhood other than the
subject lot which have not been developed, but could be developed
with variance approval. Allowing the applicant to restore the
property to its original configuration is appropriate and is in
harmony with the intent of the zoning regulations.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The original lot configuration and subsequent conversion to a single
lot of record is not the result of actions of the applicant, and are a
constraint to the redevelopment of platted lots. These lots were
created and developed prior to the adoption of the current RMF-24
zoning district lot regulations.
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 lot width variance will not confer special
privileges on this applicant. The creation of a non-conforming lot,
which is identical to the original lot layout is a reasonable and logical
request from a planning and development perspective, and will not
adversely affect the neighborhood. The applicant will not be granted
any special privileges denied to other lands in the same district. All
bulk and area regulations with the exception of lot width are to be
accommodated.
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.
October 2,2006
Board of Adjustment
K.IBeports120061BOA Reporls110-01-061BOA 06-2273(Pourvash).doc BOA 06-2273(Pourvash)
Agenda Item 1
Page 3 of 12
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday, October 2, 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 lot width variance is the minimum variance necessary
to accommodate a conforming lot on which the existing home is
located and a separate lot for redevelopment.
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 lot width variance will be in harmony with the general
purpose and intent of zoning regulations, and will not be injurious to
the neighborhood or otherwise detrimental to the public welfare.
There are a variety of lot sizes and uses in this vicinity, however the
majority of developed lots are located on 50' wide lots as platted in the
1940's. The proposed lot width and redevelopment would be
consistent with the City's designation of this area for growth, infill
and redevelopment. Additionally, revitalization of south Fayetteville
through redevelopment is consistent with the City's Guiding Policies.
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 proposed use is for single- and multi- residences, a use permitted
by right in the RMF-24 zoning district.
October 2,2006
Board of Adjustment
K.IReports120061BOA ReportsW-02-06WOA.06-1273(Pourvosh).doc BOA 06-2273(Pourvash)
Agenda Item 1
Page 4 of 12
City of Fayetteville Unified Development Code
161.13 District Rmf-24,Residential Multi-Family—Twenty-Four Units Per Acre
(A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the
developing of a variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings
Unit 26 .Multi-family 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 11 Manufactured home park
Unit 25 Professional offices
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 4 to 24
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
Lot within a Manufactured 50 ft.
home park
Single-family 60 ft.
Two-family 60 ft. -
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home.park 3 acres
Lot within a mobile home 4,200 sq.ft.
park
Townhouses:
*Development 10,000 sq.ft.
-individual lot 2,500 sq.ft.
Single-family6,000 s .R
Two-family 7,000 sq.ft.
Three or more 9,000 sq.ft.
Fratemi or Sororit 2 acres
Professional offices 1 acres Ell
(3) Land area per dwelling unit.
Manufactured home1 3,000 sq.ft.
October 2,2006
K,IRe orts120061BOA Re orts110-02-061BOA 06-2273 PourvashBoard of Adjustment
P P ( ).doc BOA 06-2273(Pourvash)
Agenda Item 1
Page 5 of 12
Apartments:
•No bedroom 1,700 sq.ft.
•One bedroom 1,700 sq.ft.
•Two bedroom 2,000 s .ft.
Fraternity or Sorority 1,000 sq.ft.per resident
(E) Setback requirements.
Front Side Rear
25 ft. 8 ft. 25 ft.
HHOD Single HHOD Single HHOD Single
Family Front Family Side Family Rear
15 ft. 8 ft. 15 ft.
HHOD Two HHOD Two HHOD Two
Family Front Famil Side Family Rear
15 ft. 8 ft. 15 ft.
HHOD Multi HHOD Multi HHOD Multi
Famil Front Famil Side Famil Rear
15ft. Sft. 15 ft.
Cross reference(s)--Variance,Ch. 156.
(F) Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side
boundary line an additional distance of one foot for each foot of height in excess of 20 feet except for
the HHOD. Within the HHOD the maximum building height is 60 ft. as measured from the lowest
point of the structure at the historic grade,prior to development, to the highest point of the structure,
allowing 3 stories on the uphill side and 4 stories on the downhill side of the building.If the building is
placed on a graded pad,then the height of the building is reduced, allowing a maximum of 3 stories as
measured from the historic grade,pre-development.
(G) Building area.None.
(Code 1965,App.A.,Art.5(111);Ord.No.2320;4-6-77;Ord.No.2700,2-2-81;Code 1991,§160.033;Ord.No.4100,§2(Ex.A),6-
16-98;Ord.No.4178,8-31-99;Ord.No.4855,4-18-06)
October 2,2006
Board of Adjustment
K:lReports120061BOA Reports110-02-061BOA 06-2273(Pou"ash).doc BOA 06-2273(Pou"ash)
Agenda Item 1
Page 6 of 12
Atta.: The chair of the board
Sub.: Request for 10'variance.
Dear chair of the board,
Our property is located on lots 3 & 4, block 11, Jennings, to the city of
Fayetteville. We would like to split this property into two separate lots with
width of 57ft and 50 ft, as it used to be. However, the minimum lot width for
a single family home is 60 ft. So we request for 10'variance.
In this regard, we would like to mention the following points:
a. This property used to be two separate lots. In some points, somebody has
changed it to a big lot, which is different from most of other lots.
b. Most of the other properties in this district are small lots (57' or 50'). We
would like to change our property to what it used to be which is similar
to most of the other lots.
c. We have not changed this property into a big lot. But we would like to
change it into two separate small lots, which are more consistent with the
other properties in this area.
d. Granting the requested variance not only will not confer any special
privilege on us, it will also allow us to create lots that are similar to most
surrounding properties.
At the end, you are kindly requested to confirm our request for this 10'
variance.
Thank you in advance.
Firoozeh Pourvash
October 2,2006
Board of Adjustment
BOA 06-2273(Pourvash)
Agenda Item 1
Page 7 of 12
Sub. : Request for 10' variance.
Our property is located on lots 3 & 4 , block 11,
Jennings, to the city of Fayetteville.
We would like to split this property into 2 separate lots
with width of 57ft and 50 ft, as it used to be.
But the minimum lot width for a single family home
is 60 ft. So we request for 10' variance.
Thank you in advance.
October 2,2006
Board of Adjustment
BOA 06-2273(Pourvash)
Agenda Item 1
Page 8 of 12
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Miles Board of Adjustm nt
BOA 06-2273(Pourva h)
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Page 11 of 12
October 2,2006
Board of Adjustment
BOA 06-2273(Pourvash)
Agenda Item 1
Page 12 of 12
7TI
tt � � N � BOA Meeting of October 02,2006
eavel" 125 W. Mountain St.
nxKANsns Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: September 28, 2006
BOA 06-2274 (PETTIT,407): Submitted by JOSH PETTIT for property located at 1104 N.
COLLEGE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains
approximately 0.48 acres. The request is for a 0' Setback on North Street for the existing
structure and proposed additions. Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested 0' front setback variance adjacent to North
Street as shown on the attached site plan in the C-2 zoning district with the following
condition(s):
1. The setback variance granted by the Board of Adjustment shall be from the zoning
regulation requirements of the C-2 zoning district for the existing structure and
proposed addition within said front setback.
2. No building permit shall be issued for construction within the Master Street Plan
Setback without prior approval by the City Council.
3. Approval of this variance shall not be construed for approval of a building permit.
All necessary reviews by Planning, Engineering, Building Safety, Solid Waste,
Sidewalk,Fire, etc. and permits shall be issued prior to the development of this lot.
4. With the proposed redevelopment of the site,the associated parking lot shall be
brought into compliance with city codes, including landscaping along rights-of-way
and interior to the parking area, dimensional requirements for drive aisles and
parking stalls,and number of parking spaces required.
5. The applicant shall obtain a Certificate of Zoning Compliance for the proposed use
at the time of building permit application which shall ensure appropriate parking,
etc. for the use.
K:IRepor1s120061BOA Reports110-02-06WA 06-06-2274(Pettit).doc
October 2,2006
Board of Adjustment
BOA 06-2274(Pettit)
Agenda Item 2
Page 1 of 14
6. The granted variance shall apply only to the footprint of the existing structure and
proposed addition within the required setback adjacent to North Street and as
shown on the attached site plan. Should at any time the existing structure be
demolished and a permit be submitted for construction of a new structure on the
subject property, all required building setbacks within the C-2 zoning district shall
be met. The applicant may submit a new variance for consideration by the Board of
Adjustment at that time.
Additional Conditions/Comments:
BOARD OF ADJUSTMEMT ACTION: O Approved O Denied
Date: October 02,2006
The"CONDI IONS OFAPPBOVAL"LsEed lq this repoxt are acceptedintotI wtthout exceptSon by the ''
erihtyregIestpngapprovatofthtsvariance:
1�Came Date
BACKGROUND:
Property description: The subject property is located at 1104 N. College Avenue, at the
northeast corner of College Avenue and North Street. The property is zoned C-2, Thoroughfare
Commercial. According to County tax records, the 1,800 square foot building and parking was
constructed in 1966 as a pharmaceutical store.
Proposal: The applicant proposes to remodel and repair the existing structure to utilize it for
restaurant use. A 540 square foot addition is proposed to the north of the structure and a 100
square foot addition is proposed at the southeast corner. The existing structure is
nonconforming, as it encroaches within the required building setback and Master Street Plan
right-of-way setback adjacent to North Street. The 540 square foot addition to the north will not
encroach into any setback; however, the 100 square foot addition will extend the existing
encroachment into the setback and proposed Master Street Plan right-of-way of North Street.
The Board of Adjustment may only grant a variance from the zoning regulations set forth in
Chapter 161 of the Unified Development Code. The required front building setback from the
Master Street Plan Setback of North Street(located 55' from centerline), is 50'. Development
regulations allow the setback to be reduced to 25' for the subject property, because parking is not
located between the structure and the street.
Request: The request is for a front setback of 0' from the required Master Street Plan Setback for
North Street for the existing structure and proposed addition. The requirement is a 25' building
setback.
K.Weporu1200600A Reports110-02-0600A 06-06-2274(Pettir).doc
October 2,2006
Board of Adjustment
BOA 06-2274(Pettit)
Agenda Item 2
Page 2 of 14
Ultimately,the applicant would like to build up to 45' 4"from the centerline of North Street; a
9'8"encroachment into the Master Street Plan right-of-way. There is an existing 20' right-of-
way from centerline of College Ave. It is the City Council's discretion to approve a variance of
the Master Street Plan Setback and allow redevelopment and/or expansion of a structure within
the Master Street Plan right-of-way setback.
No encroachments are proposed within the required building setback adjacent to College
Avenue.
Recommendation: Staff recommends approval of a 0' building setback on North Street for the
existing structure. Staff also recommends approval for the further encroachment of the 100
square foot addition into the building setback, subject to City Council approval of a variance to
the Master Street Plan right-of-way requirements for the existing building and addition. The
addition to the structure will not be injurious to any of the surrounding properties and any
improvements to the structure would be severely limited due to circumstances not resulting from
the actions of the applicants if the variance was not granted.
Ordinance Requirement Applicant's Reguest
Building Setback from MSP ROW 25' (reduced setback due to 01
of College Avenue (55' from centerline) no parking b/w bldg &street)
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Commercial property C-2, Thoroughfare Commercial
South Parking R-O,Residential Office
East Residential Singlefamily RSF-4, Res. Single Family—4 units/acre
West Medical Services P-1, Institutional
INTERIM FUTURE LAND USE PLAN DESIGNATION: Community Commercial
FINDINGS:
§ 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.
K.Weports12006BOA Reportsll0-02-0600A 06-06-2274(Pettitt).dcc
October 2,2006
Board of Adjustment
BOA 06-2274(Pettit)
Agenda Item 2
Page 3 of 14
Finding: The proposed redevelopment of the structure on the subject property is
peculiar to the properties on College Avenue and North Street that were
developed prior to adoption of the current zoning district regulations and
those properties in the Downtown area. This property was also developed
long before the current Master Street Plan,which expanded North Street to a
total 110' right-of-way (55' from centerline). The allowance of a variance to
grant the restoration of an existing structure within the required front
building setback is a special circumstance to this property.
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 the zoning regulations would deprive the applicant
of renovating the existing structure on the property, thereby improving the
property for the enjoyment of the owner and the citizens of Fayetteville.
Additionally,the applicant would be deprived of developing the property
with a setback that is typical of surrounding properties near the downtown
area.
3. Resulting Actions. That the special conditions and circumstances do not result
from the actions of the applicant.
Finding: The requested front setback variance is the result of the applicant's desire to
remodel and expand an existing structure for a restaurant. The existing
structure was constructed in the 1960s, prior to the adoption of the zoning
regulations in the 1970s and prior to the adoption of the current Master
Street Plan, adopted in 1996,which establishes the line from which the
required building setback is measured. Due to the existing nonconforming
nature of the existing structure,no expansion or redevelopment is permitted
without removing the front of the building altogether. Therefore, Staff finds
that the circumstances affecting this property to do not 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 variance will not confer special privileges. The
reduced setback,should the variance be granted,would result in the ability
of the applicant to redevelop the existing structure to 55' from the centerline
of North Street. However, City Council approval is also required to allow
the structure to be redeveloped and expanded because it and the proposed
addition encroach into the Master Street Plan right-of-way.
K..,Weports120061BOA Reports170-02-061BOA 06-06-2274(Pettrt).doc
October 2,2006
Board of Adjustment
BOA 06-2274(Pettit)
Agenda Item 2
Page 4 of 14
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 nonconformities were considered as a basis of the findings stated in this
staff report.
§ 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 02,2006.
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.
(1.) 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: The proposed front setback variance is the maximum variance which the
Board of Adjustment may grant for the proposed redevelopment of an
existing structure. The variance will allow for the redevelopment of a
structure developed prior to the adoption of the current zoning regulations
and will be in harmony with the purpose and intent of the Zoning Chapters.
No further encroachment than currently exists will be granted by approval
of this variance request. The variance will not be injurious to the
surrounding businesses and single family dwellings that are likewise situated
in close proximity to or within the required Master Street Plan setback for
North Street, nor will it be otherwise detrimental to the public welfare.
(2.) Reasons set forth in the application justify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
K.IReporfs12006180A Reports110-02-06160A 06-06-2274(Pettit).doc
October 2,2006
Board of Adjustment
BOA 06-2274(Pettit)
Agenda Item 2
Page 5 of 14
Finding: Reasons set forth in the application justify granting the requested variance.
b. 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.
C. 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 of the structure is limited to those permitted uses within the C-2
zoning district.
K.IReports1200618OA ReporiA]0-02-06160.4 06-06-2274(Pettir).doc
October 2,2006
Board of Adjustment
BOA 06-2274(Pettit)
Agenda Item 2
Page 6 of 14
161.17 District C-2,Thoroughfare Commercial foot of height in excess of 20 feet. No building
shall exceed six stories or 75 feet in height.
(A) Purpose. The Thoroughfare Commercial
District is designed especially to encourage the (G) Building area. On any lot,the area occupied
functional grouping of these commercial by all buildings shall not exceed 60%of the total
enterprises catering primarily to highway area of such lot.
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 goods
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 33 Adult live entertainment club or bar
Unit 34 Liquor store
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front 50 ft.
Side None
Side,when contiguous to a residential 15 ft.
district
Rear 20 ft.
(F) Height regulations. In District C-2 any
building which exceeds the height of 20 feet shall
be set back from any boundary line of any
residential district a distance of one foot for each
K.IReportA20061B0A Reporls110-02-06DOA 06-06-2274(Peuu).doc
October 2,2006
Board of Adjustment
BOA 06-2274(Pettit)
Agenda Item 2
Page 7 of 14
September 11,2006 Applicant-Josh and Eloise Pettit/Pettit Living Trust
VARIANCE APPLICATION
1104 N College Ave.
Fayetteville,AR 72701
Chair of the Board of Adjustments,
We are proposing improvements and building additions that require a variance for 1104 N College Ave..
The existing building was constructed in 1962 as a pharmacy. The current square footage is 1 goo sf. We
are proposing a 540 sf addition on the north side of the structure,a 100 sf addition on the east side of the
structure,and a new roof for the existing building. This space is currently a used car sales office,but it is
our intention to convert it into a restaurant. The required number of parking spaces for a restaurant is 1 per
100sf,with a 301/o variance. We propose 24 standard spaces and 2 handicap accessible spaces,which
would meet the requirement.
The existing buildinjiA-.into the North street set back. As we understand it,this requires us to have a
variance before applying for a building permit and before any structural work or improvements exceeding
10%of its value could be done. The proposed eastern addition would follow the line of the existing
structure and would extend no fiuther south towards North St. We are placing this addition on the east side
to create space for the restaurant kitchen. We are proposing adding an 8/12 hipped roof to improve the
appearance of the rather unattractive block building and to take rare of some leakage in the existing roof.
We are requesting a10 ft variance of the North Street set back.
The existing structure was built prior to current district regulations/set backs,and is therefore a special
condition particular to this property. Literal interpretation ofthe provisions of current ordinances relating
to a non-conforming structure would greatly limit out ability to improve,repair or add to the existing
structure.These rights are commonly enjoyed by other properties in the same district. The location of the
existing building is not a result ofthe actions of the applicant. The proposed eastern addition would extend
no further than the variance required to bring existing building into conformity. The grantutg ofthis
variance will not confer on us any special privilege that is denied by ordinance to other lands,buildings,or
structures in the same district
We thank you for you time and consideration in this matter. If you have any questions,please feel free to
contact us at(479)957-7703 or(479)521-0332.
Respectfully,
Josh Petht�(-(/C/
October 2,2006
Board of Adjustment
BOA 06-2274(Pettit)
Agenda Item 2
Page 8 of 14
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October 2,2 O6
Miles Board of Adjustor nt
BOA 06-2274(Petit)
gena item 2
Page 13 of 14
October 2,2006
Board of Adjustment
BOA 06-2274(Pettit)
Agenda Item 2
Page 14 of 14