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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 Planner: Jesse Fulcher THIS ITEM HAS BEEN WITHDRAWN 2.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 . Re—gvcS� V0.i ante 4,o br%k 2Kt5� iK5 �o�Se 4h� ✓o � ( j0ofc�t iHEa �or+��� 4N�� Rg6o'"4— V`am-;QAC (a b,iws ewrs+;ty G�.1ia 4o C—Q4nP/iqq,, PIT- October 1,2007 Board of Adjustment BOA 07-2735 Tiffany.North Willow Agenda Item 2 Page 9 of 14 oi- (AVS.0S).LWAISV nW 'SS MOTHM - - .-3 - :n'a- - - — — - - - - - - - - - - -m:-t a SOUTH 15146' vo - e - �- Ham- -- - -SOUTH <n Op W 0 o O C u' f I mo ILLI 4 0 �Q C2 + `` Or 5Q po GG0' 00) to Lj p ecoO F {�Tyto O ¢? r l U m I S, �. epi O iC: ¢ � o w,< u O m c 9 a W o Gt7 N. Y CR.CREEK C7 ¢ zxm < F y n 7 O yr g H1?JON p 2Im ¢ � O L^J o �T H�ZIOd HM clodt6 v O ti 6 C6 M N O ,£'91 rn U < Q io rj C) N ~1 f0-Co In N (o xw O Q Q V I t N O N Zw vi .6'£ mwzzzzz F- .R'*Z ,t OZ to Q � October 1,2007 Lsoaro o bus men BOA 07-2735 Tiffany.North Willow Agenda Item 2 Page 10 of 14 aA �j r p 1, } 1X. .. v ns x x •', - � �' ` �'_- tial' _ t r � � K _ ,.. 3 BOA 723 TIFFANY/ N . WILLOW Close+m. . . «m« � SUBJECT PR . . > MEADOW sr CENIUR \�\ T . « ! � 2 } ___ I _mtm! — _ _ , _, . BOA m s_.m_ Page of BOA07-2735 TIFFANY/ N. WILLOW One Mile View - ftsLq 9 x v.y R „iRSF ;..J SUBJECT PROPERTY cF� t � i 1 _ � I �{ Ft e v + a > ¢ Overview Legend Boundary - --- Subject Property .. Planning Area _-- CM BOA07-2735 J Overlay District ❑ Outside City Legend Hillside-Hilltop On erlay District 0 0.25 0.5 1 - October 1,20)7 S Board of Adjustn­n nt 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 NI�tron Gond � r Vute_ 141 Dame Octaliex 2, T ----------------- 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 \ � n � , y S l 4 S+ i e E i' � .t d .'fib"- ."''•''•`•-'`•''• f ' ^ a / cH:2-D ENCINEERINOINC. 2958 MILLENNIUM RI X' 1,2007 smce 1 �oarWo djustment VARIANCE REQUEST FwrErrEmu E.ARw T; mba1a§e Office Park PRONE: (499)582- 2sAgenda Item 3 SCALE: 1'=60' FAX: «rs> saz-s25a Page 9 of 12 l \ \ RETA1<�11NG WALL ` \ t \ ACROSS`�ROPERTY LINE , \ \ \ f cH:2 ENGINE!Mlaq A 2758"'MM41tMjWW@nt VARIANCE REQUEST aYE, o�§er� P SCALE.. 1"=20' PHONE: (474&9Qrf9L" FAX: (479)1g -V206*2 9aleF�sea ep erzgqfi s§ is 1 ep�Y < L-a, i 's5€1 till €�y9o'jt� �Fk�a<EiesY.g a i a8gapf3 ^\\ 991a6 N I•,,, E Ei pae Jill e 6EEdi{! ie6 {d° -slai t E 6yt sa§ €aj!fdij 1 M m ® I IS_e pp F sgg °'b 9a aEII@g6l �16k9 ibE t6 EdiEK / RIM E3 Ee A sr xs / ne � EES°� I °sgS$= � \�� 4P� �+6,/ � e ..•^� � —I L9'A as +^I T1sy; 4�1i€ X11 I I 11 I Tim. i~ E§agg a I ys° I e { . 9 i �:a� � a E E � YkaB g �i It i t w fil l6fd g y$ E;9W 70 € D �y �l yl ,A O 9 { 9' - ��• �I Y I I II' j 0E E§eag as I "'Y� 6 el YS AI ""'I hi MMai fp3E 1`l i €'a IEid iy f F�€ a $ E 'Eii 70 Al I cy I I €9 I 3,aa�Egp® e1ie91 F j 1 W d� '°ad5 k �gW�6�6 d°EjSEE 18E� Ri �i FI€ 5� �agiE�@€SPSPSP E ag9¢Ei `lilEl i' — iE'E i9Elh 9E " t"P Z• °y aaE= li; EE 1i�e. m � 11B a° ac 1E 8 B it g�; �; 1- 1 I•ll�$'#®'iiiiii � � Be°� E';��� E��� nEEg1EEalE $ °! YI € agil Yglg ® ag96if�glffEfE� F a g9C 9 0 v •""•""•_ rvo eEvisaus er ogle® TIMBERLAKE OFFICE PARK F F FAYETTEVILLE,.WASHINGTON CO., AR a:. bEg= �ga eggfi�7 ��=e.w�m,rosrax"..pK Zion Holdings, LLC ga;eimFayettevilleOctober 1,2 0; d®' abard of Ad ust 1D ® Timberlake Office Park Agenda Item 3 Page 11 of 12 BOA07-2736 TIMBERLAKE OFFICE PARK Close Up View N' x =J( 'a � SUBJECT PROPERTY f ri KEV. Y k1CL°DUCG � � � t` t EFAYETTEVILL w V � D `tea R� i I Ai 1 RD S Z N D rax ry RDS '-ZION RD IN e � Overview a-,.,. 0 100 200 400 600 e00 October 1,2007 Board of Adjustment Feet Timberlake Office Park Agenda Item 3