HomeMy WebLinkAbout2007-10-01 - Agendas **4
TY e eVi le
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 1,2007 at 3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
Approval of the minutes from the August 6,2007 meeting.
New Business:
1. BOA 07-2734(MCILROY,447/486): Submitted by STUART FULBRIGHT for property located at THE SOUTH END
OF CREST DRIVE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 6.97
acres. The request is for a 54'lot width(a 16'variance). Planner: Jesse Fulcher
THIS ITEM HAS BEEN WITHDRAWN
2. BOA 07-2735(TIFFANY/N.WILLOW,485): Submitted by RICHARD OR GLADYS TIFFANY for property located
at 105 N. WILLOW. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately
0.97 acres. The request is for a 7' front setback(an 18' variance.) Planner: Dara
Sanders
3. BOA 07-2736(TIMBERLAKE OFFICE PARK,96): Submitted by H2 ENGINEERING,INC. for property located at
TIMEBERLAKE OFFICE PARK LOTS 8&9. The property is zoned R-O,RESIDENTIAL OFFICE and contains
approximately 3.06 acres. The request is for a side setback variance for a proposed retaining wall.
Planner: Andrew Garner
4. BOA 07-2737(BRISIEL/HUNTSVILLE RD.,524): Submitted by TIM R BRISIEL for property located at 540 E.
HUNTSVILLE ROAD. The property is zoned RSF-8, SINGLE FAMILY-8 UNITS/ACRE and contains approximately
1.79 acres. The request is to bring the existing structures into compliance with tandem lot setbacks.
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 for hearing impaired are available for all public
hearings;72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330.
ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions & Answer with Board
F. Action of the Board of Adjustment (Discussion & Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Adjustment on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Board
members the opportunity to speak and before a final vote is taken. Public comment will
only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Board of Adjustment.
2007 Board of Adjustment Members
Robert Kohler (Chairman)
Sheree Alt
Eric Johnson
William Chesser
James Zant
Robert Nickle
Ta'yre BOA Meeting of October 1,2007
125 W. Mountain St.
ARKANSAS
� Fayetteville,AR 72701
Telephone:(479)575-8267
THE CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: September 20,2007
BOA 07-2735 (TIFFANY/N.WILLOW,485): Submitted by RICHARD OR GLADYS
TIFFANY for property located at 105 N. WILLOW. The property is zoned RMF-24, MULTI
FAMILY - 24 UNITS/ACRE and contains approximately 0.97 acres. The request is for a 7'
front setback(an 18' variance.)
Property Owner: Richard Tiffany Planner: Dara Sanders
BACKGROUND:
Property description: The subject property is located at 105 N.Willow Avenue. The property lies
within the RMF-24 zoning district.
Currently on the property,there is a single-family house built in 1925, as well as a carport. The
existing structures on the lot do not meet the required front setback totaling 50' feet from the
centerline of Willow Avenue(25 feet right-of-way plus 25-feet front building setback). The current
structures on the property are nonconforming as they are seven feet from the Willow Avenue right-
of-way, encroaching 18 feet into the required 25-foot front setback. Because they were constructed
prior to current zoning regulations,the house,carport,and many surrounding properties do not meet
all minimum setback requirements within the RMF-24 zoning district.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
from Site
North Residential RMF-24, Residential Multi-Family
South Residential RMF-24, Residential Multi-Family
East Residential RMF-24, Residential Multi-Family
West Residential RMF-24, Residential Multi-Family
October 1,2007
Board of Adjustment
BOA 07-2735 Tiffany.North Willow
Agenda Item 2
Page 1 of 14
Proposal:As indicated in the submittal letter,the applicant proposes to replace the existing flat roof
with a peaked roof, which will overhang about 2'.
Request: As shown in Table 1, the request is for a front setback variance to bring the existing
structures into compliance with the setback requirements in the RMF- 24 zoning district.
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Re uest
Front Setback 25' 7' (an 18' variance)
RECOMMENDATION:
Staff recommends approval of the requested 18-foot building setback variance as shown on the
attached site plan with the following condition(s):
1. Other than the requested variances,development on the property shall comply with all
development regulations in the RMF-24 zoning district.
2. A building permit shall be obtained prior to commencement of any construction.
Additional Conditions/Comments:
BOARD,OF AT)Ti3fiTlVIT MT ACTION: . I]Appro__ved..,. G2 Ae aced,
m
�YIotiolt.
Secy wcl_
Vote _
s
Date
GENERAL PLAN DESIGNATION: City Neighborhood Area
K:IReporos 20071BOA Reports110-01-071BOA 07-1735(7,fany).doc
October 1,2007
Board of Adjustment
BOA 07-2735 Tiffany.North Willow
Agenda Item 2
Page 2 of 14
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: It appears that the property and existing house on this property were platted
and constructed well before the current RMF-24 zoning district requirements.
The current Master Street Plan designates Willow as a 50' right-of-way. Staff
finds that the preexisting nature of the encroachments into the building setbacks
constitutes a special circumstance specific to the land and building involved.
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 nonconforming structures
would limit the amount of improvements and additions to the existing
structures. Staff finds that these limitations would deprive the applicant of
certain rights commonly enjoyed by others within the same zoning district.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: The front building setback variance request for the existing structures is not the
result of actions of the applicant. This lot and others within the surrounding
area were platted prior to current zoning 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 front setback variance to bring the existing structures
into compliance will not confer special privileges as the residence was created
well before current setback requirements.
K:IReports120071BOA Reportsll0-01-071BOA 07-2735(Tiany).doc
October 1,2007
Board of Adjustment
BOA 07-2735 Tiffany.North Willow
Agenda Item 2
Page 3 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 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, October 1,2007.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application
justify the granting of the variance, and that the variance is the
minimum variance that will make possible the reasonable use of the
land,building, or structure.
Finding: The requested front setback variance is the minimum variance necessary
to bring the existing nonconforming structures into compliance.
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 for the existing structures will be in harmony with
the general purpose and intent of zoning regulations, as replacing the
existing roof will improve the subject property and will benefit the
neighboring properties, as a result.
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
K.IReports120071BOA Repons110-01-071BOA 07-2735(TiQny).doc
October 1,2007
Board of Adjustment
BOA 07-2735 Tiffany.North Willow
Agenda Item 2
Page 4 of 14
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 orby implication
prohibited by the terms of the zoning regulations in said district.
Finding: The existing and proposed use of the site as a single-family dwelling is a
use permitted by right in the RMF-24 zoning district.
K.Weports12007WOA ReponsV0-01-0ABOA 07-2735(Tiany).dcc October 1,2007
Board of Adjustment
BOA 07-2735 Tiffany.North Willow
Agenda Item 2
Page 5 of 14
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 Ci -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
Unit4 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
Lotwithin a mobile home park 4,200 sq.ft.
Townhouses:
•Development 10,000 sq.ft.
*individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 7,000 sq.ft.
Three or more 9,000 sq.ft.
Fraternity or Sorority 2 acres
Professional offices 1 acres
(3) Land area per dwelling unit.
K:IReporrsl2007lBOAReportsl70-01-071BOA 07-2735(Tfany).doe October 1,2007
Board of Adjustment
BOA 07-2735 Tiffany.North Willow
Agenda Item 2
Page 6 of 14
Manufactured home 3,000 sq.ft.
Apartments:
*No bedroom 1,700 sq.ft.
.One bedroom 1,700 sq.ft.
*Two bedroom 2,000 sq.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 Famil Side Family Rear
15 ft. 8 ft. 15 ft.
HHOD Two Family HHOD Two Family HHODTwo Family
Front Side Rear
15 ft. 8 ft. 15 ft.
HHOD Multi HHOD Multi HHOD Multi
Fam FrFront FamilySide Famil Rear
15 ft. 8 ft. 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:--
K:IRepor&l2007i80A Repor[rV o-01-0700A 07-2735(Triany).doc October 1,2007
Board of Adjustment
BOA 07-2735 Tiffany.North Willow
Agenda Item 2
Page 7 of 14
9-4-07
Dear Board of Adjustments
This stone house , built in 1925, has a flat roof that does
not provide adequate protection for the building.
The requested variance is to put a peaked roof (with the peak
running front to back down the center of the building) with
two foot overhangs .
The requested variance does not change the footprint of the building.
The front of the house currently extends into the setback 11 feet .
The existing roof does not extend beyond the edge of the building.
The proposed roof would extend the front of the house 13 feet
into the 25 foot setback (5 feet behind the existing porch) .
The applicant has a contract to buy the house on condition
that this variance is granted.
The present condition of the building is not the result of
anything the applicant or the current owner has done.
Having a roof that provides adequate protection for this house
is not a special privilege.
Thank you,
Richard Tiffany
October 1,2007
Board of Adjustment
BOA 07-2735 Tiffany.North Willow
Agenda Item 2
Page 8 of 14
}
2 .A part the Southwest Quarter of the Northwest Quarter of Section 15,
Township 16 North, Range 30 West, Washington County, Arkansas and a
part of Lot 31 and Lot 32 on the East side of Spring Branch Creek of
County Court Plat of Section 15, Washington County, Arkansas, Being
more particularly described as follows, TO-WIT: Beginning at a point
which is 973 . 50 ' East and 213 . 39 ' North from the Southwest corner of
said Forty Acre Tract and running thence West 207 . 20 ' to the
Centerline of Spring Branch Creek, Thence along said Centerline
N4005710611E 42 .281 , N25°39145"E 22 . 011 , N07°56142"W 30 . 231 ,
N2200414611W 36 .44 ' , N1605913211W 16 . 961 , N3000515211E 12 .391 ,
N89027145"E 20 . 541 , N82034102 "E 14 . 291 , N54°55106"E 12 . 011 , Thence
Leaving said creek Centerline East 142 . 04, Thence South 151. 36 ' to
the Point of Beginning, Containing 0 . 63 Acres, More or Less, Subject
to Willow Street on the East side of herein described tract and
subject to easement and right-of-ways of record.
3 .The requested variance is for front setback.
The road is about 20 ' wide .
The road right of way is 50 '
The setback required is 25 '
The front porch is 32 ' from the center of the road or 7 ' setback.
The front of the house is 39 ' from the center of the road or 14 ' setback.
With a 2 ' overhang the house setback would be 121 .
House Size 4313 " X 24111" 1100 sqft/floor 2200 sqft total
Front porch 1816" X 711"
Back Porch 2212" X 8 '
Back Porch Stairs 7 ' X 8 '
Lot Size 151. 36 ' X 142 . 04 ' to 207 . 2 ' about . 63 acres
The building has a flat roof that does not extend beyond the
edge of the building. Proposal it to to put on a peaked roof
(front to back) with about 2 ' overhang. No change to porches .
No change to bulding foot print .
Two off street parking spaces required, three available .
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October 1,2007
Board of Adjustment
BOA 07-2735 Tiffany.North Willow
Agenda Item 2
Page 9 of 14
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Agenda Item 2
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ROA 07-2739 Tffang North W w
Agenda Item 2
Page 13 of 14
October 1,2007
Board of Adjustment
BOA 07-2735 Tiffany.North Willow
Agenda Item 2
Page 14 of 14
10
TP x 1 T BOA Meeting of October 1, 2007
5
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
BOARD OF ADJUSTMENT CORRESPONDENCE
TO: Fayetteville Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: September 25, 2007
BOA 07-2736 (TIMBERLAKE OFFICE PARK, 96): Submitted by H2
ENGINEERING,INC.for property located at TIMEBERLAKE OFFICE PARK LOTS 8&9.
The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 3.06 acres.
The request is for a side setback variance for a proposed retaining wall.
Property Owner: Zion Holdings, LLC Planner:Andrew Gamer
RECOMMENDATION:
Staff recommends approval of the requested side setback variances for the eastern side
setback of Lot 9 and the western side setback of Lot 8 for the proposed retaining wall'
with the following condition(s):
1. A building permit shall be obtained prior to commencement of any
construction.
2. In order to ensure that potential adverse impacts to public health, safety and
welfare from the large retaining wall are mitigated,the retaining wall shall meet
the conditions approved by the Planning Commission for the development of
this wall as part of LSD 07-2677:
a. The retaining wall shall be built with materials that are compatible with
the color of the proposed building and shall be articulated block similar
to the brochure submitted by the applicant with the Planning
Commission submittal. Materials shall be approved by the Planning
Division prior to construction approval.
b. To help the approximately 20-foot retaining blend with the natural
surroundings and be less visible, the wall shall be planted with
overhanging vines from the top, and planted with evergreen plantings
along the base of the wall,to screen and break up the appearance of the
wall. The vines and evergreen plantings shall be depicted on the
landscape plan submitted for building permit,the species of which to be
K:IReportA20071BOA Reports110-01-07WA 07-2736(Tnnberlake Lots 8 and 9).doc October 1,2007
Board of Adjustment
Timberlake Office Park
Agenda Item 3
Page 1 of 12
approved by the Urban Forester,and guaranteed with a three-year letter
of credit, bond, or check to be deposited to the City prior to Certificate
of Occupancy.
c. All retaining walls throughout the site over 30" in height shall have
safety railing on top of the wall,where required by code.
d. The retaining wall needing the waiver shall be built with materials that
have the appearance of natural stone, in keeping with the proposed
building. Materials shall be approved by the Planning Division prior to
construction approval.
e. All retaining walls throughout the site over 30" in height shall have
safety railing on top of the wall,where required by code.
Dor- tom QdU1 Ml iCTION II rllrproved 1J Domed
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-----------------
Additional Conditions/Comments:
BACKGROUND:
Property Description and Background: The project site is located at Lots 8 and 9 of the
Timberlake Office Park north of Zion Road and contains 3.06 acres. The subdivison has
been recently platted and does not have any development on it other than streets,
infrastructure,and a pre-existing single family residence. The property is located at the end
of the cul-de-sac within this subdivision. The property is at the top of a steep slope above -
Lake Fayetteville and the outfall at Clear Creek. The property is completely wooded.
A large scale development (LSD 07-2677) was approved by the Fayetteville Planning
Commission on September 10,2007 for an office building and associated parking on Lot 9.
As part of that development,a 19' high retaining wall was approved traversing across Lots 8
and 9. The Planning Commission approved a waiver to allow for a retaining wall that was
over 10' in height,however,the retaining wall is also within the required side setbacks for
Lots 8 and 9 and requires Board of Adjustment approval for side setback variances. The
large retaining wall is needed in order to reduce the substantial amount of grading and tree
removal that would be required to develop the property with a smaller retaining wall(s).
Proposal: As shown in Table 1,the applicant is requesting side setback variances to allow
K.Ibeporu120071BOA Reporu110-01-071BOA 07-2736('Timberlake Lots 8 and 9).doc October 1,2007
Board of Adjustment
Timberlake Office Park
Agenda Item 3
Page 2 of 12
for a 19' high retaining wall to fully encroach within the side setbacks of Lots 8 and 9 of the
Timberlake Office Park.
Table 1
Variance Request
Variance Issue I Ordinance Requirement I A licant's Request
Western Side Setback Lot 8 10' 0' a 10' variance
Eastern Side Setback Lot 9 10' 0' a 10'variance
Surrounding ZontqZ and Land Use:
Direction from Land Use Zoning
Site
North and East Lake Fayetteville Park R-A
Undeveloped lots in Timberlake Office R-O; PZD 06-2191 University
South and East Park Club Tower
West Single family residence R-O
GENERAL PLAN DESIGNATION: Urban Center Area
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 ZONING REGULATIONS
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless
and until an application demonstrates:
1. Special Conditions. That special conditions and circumstances exist which
are peculiar to the land, structure, or building involved and which are not
applicable to other lands, structures or buildings in the same district.
Finding: The subject property contains steep slopes and is entirely wooded. Staff
finds that the pre-existing nature of the environment is a special
condition that is peculiar to this property,and necessitates constructing
a retaining wall into the side building setbacks as requested.
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 side setbacks
would substantially limit the amount of development on the property. If
the 10' side setbacks were enforced it would require multiple smaller
retaining walls set 10' off the side property line, resulting in less
developable area and additional grading and tree removal. Staff finds
K IReporu120071BOA Reporu110-01-071BOA 07-2736(Tbnberlake Lots 8 and 9).doc October 1,2007
Board of Adjustment
Timberlake Office Park
Agenda Item 3
Page 3 of 12
that these limitations would deprive the applicant of development rights
commonly enjoyed by others within the same zoning district.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The side building setback variance requests for the new retaining wall
are not the result of actions of the applicant. The steep topography and
dense tree canopy are the special conditions that require the variances.
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 side building setback variances to allow for
reduced grading and tree removal on the property will not confer special
privileges.
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, October 1,2007.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application
justify the granting of the variance, and that the variance is the
minimum variance that will make possible the reasonable use of the
land, building, or structure.
Finding: The requested building setback variances are the minimum variances
necessary to accommodate the proposed retaining wall.
K:l Reports120071BOA Reports170-01-071BOA 07-2736(Timberlake Lots 8 and 9).doc October 1,2007
Board of Adjustment
Timberlake Office Park
Agenda Item 3
Page 4 of 12
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: The granting of variances for the new retaining wall 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. Reduced grading and tree removal in this environmentally
sensitive area adjacent to Lake Fayetteville would result from these
variances,and would be a benefit to the public. However,the retaining
wall will be 19' tall and visible from the Lake Fayetteville trail. To
ensure that adverse visual impacts from this wall would be minimized
staff recommends vegetative plantings on the top and bottom of the wall
to soften the appearance. Conditions of approval regarding these
plantings were approved by the Planning Commission as part of LSD 07-
2677, and are also recommended by staff as part of these variance
requests.
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 of the site for an office which is allowed in the R-O
zoning district.
K lRepora120071BOA Reports110-01-071BOA 07-2736(-Timberlake Lots 8 and 9).doc October 1,2007
Board of Adjustment
Timberlake Office Park
Agenda Item 3
Page 5 of 12
City of Fayetteville Unified Development Code
161.16 District R-O,Residential Office
(A) Purpose. The Residential-Office District is designed primarily to provide area for offices without
limitation to the nature or size of the office,together with community facilities,restaurants and compatible
residential uses.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 5 Government facilities
Unit Sin le-family dwellings
Unit Two-family dwellings
Unit 12 Offices,studios and related services
Unit 25 Professional offices -
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 13 Eating laces
Unit 15 Neighborhood shopping oods _
Unit 24 Home occupations
Unit 26 Mulii�family dwellings
Unit 36 Wireless communications facilities -- -
(C) Bulk and area regulations.
(Per dwelling unit for residential structures)
(1) Lot width minimum.
Manufactured home park 100 ft. _
Lot within a manufactured home 50 ft.
ark
Single-family 60 ft.
Two-family 60 ft. -
Three or more 90 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq.ft.
ark
Townhouses:
Development 10,000 sq.ft.
Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 6,500 sq.ft.
Three or more8,000 sq-ft.
Fraternit or Sorori 1 acre
(3) Land area per dwelling unit.
Manufactured home 1 3,000 sq.ft.
11 Townhouses&apartments:
K.IRepons120071110A Reports110-01-07DOA 07-2736(71nnberlake Lots 8and9).doc - October 1,2007
Board of Adjustment
Timberlake Office Park
Agenda Item 3
Page 6 of 12
No bedroom 1,000 sq.ft.
One bedroom 1,000 sq.ft.
Two or more bedrooms 1,200 sq.ft.
Fraternity or Sorori 500 sq.ft.per resident
(D) Density.
Units per acre 4 to 24
(E) Setback regulations.
Front 30 ft.
Front,if parking is allowed between the right- 50 ft.
of-way and the building
Front,in the Hillside Overlay District 15 ft.
Side 10 ft.
Side,when contiguous to a residential district 15 ft.
Side,in the Hillside Overlay District 8 ft
Rear,without easement or alley 25 ft.
Rear,from center line of public aIle 10 ft.
Rear,in the Hillside Overla District 15 ft.
(F) Height regulations. There shall be no maximum height limits in R-O Districts,provided,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 additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot,the area occupied by all buildings shall not exceed 60%of the total area of
such lot.
-. .(Code No.1965,App.A.,Art.5(x);Ord.No.2414,2-7-78;Ord.No.2603,2-19-80;Ord.No.2621,4-1-80;Ord.No.1747,6-29-70;Code
1991,§160.041;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4726,7-19-05;Ord.4943, 11-07-06)
K..Reports 120071BOA Reports U 0-0 1-0 7WOA 07-1736(-Timberlake Lots 8 and 9).doc October 1,2007
Board of Adjustment
Timberlake Office Park
Agenda Item 3
Page 7 of 12
EN42INEERING, INC.
September 7, 2007
City of Fayetteville
Planning Commission
113 West Mountain Street
Fayetteville,AR 72701
RE: TEWBERLAKE LOT 8 &9 VARIANCE REQUEST
To Whom It May Concern:
On behalf of our client,Zion Holdings, LLC,please consider this correspondence an official
request for a variance from Section 169.06(C) (4) (b)of the Unified Development Code which
states"The required setback of retaining walls, cut slopes, and fill slopes from property lines
shall be as given in the illustrations." The illustrations referred to in this portion of the UDC
reflect a minimum 5' setback for retaining walls from property lines.
The attached exhibits show a retaining wall running across the lot 8 and 9 property line. This
wall serves to support the parking area for the proposed building on lot 9. It will also serve to
support a parking area on lot 8 when it develops in the future. The need for this retaining wall is
driven by both the topography of the site and the existing tree canopy of the site. By utilizing a
retaining wall as shown, it removes the need to grade further into the existing canopy and down
the steep slope. If a retaining wall were not utilized,we would have to remove all of the tree
canopy between the retaining wall and the property line(an additional 9,300 SF of tree canopy
removed on lot 9) in order to grade from the edge of the parking area back down to existing
ground. This retaining wall reduces the amount of site disturbance and also saves a significant
amount of tree canopy on lot 9. The wall will serve the same purpose on lot 8 when it develops.
None of the special conditions or circumstances described above are the result of actions by Zion
Holdings, LLC,nor will the granting of this variance confer on the Applicant any special
privilege that is denied by this ordinance to other lands. The owners of both lots 8 and 9 desire
this variance in order to disturb less ground and to preserve as much existing tree canopy as
possible.
Thank you for your consideration in this matter.
Sin
Jery Thompson, P.E.
Proje t Engineer
H2 Engineering
October 1,2007
Board of Adjustment
Timberlake Office Park
2758 Millennium Drive Suite 1 Favetteville. Arkansas 72703 Phone. 479.502.4234 Fax: 47%ffl4M92BA
Page 8 of 12
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Agenda Item 3
Page 11 of 12
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Board of Adjustment
Feet Timberlake Office Park
Agenda Item 3