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HomeMy WebLinkAbout2007-12-03 - 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,December 3,2007 at 3:45 p.m. Room 326,City Administration Building The following items will be considered: Approval of the minutes from the November 5,2007 meeting. New Business: 1. BOA 07-2834(CITY OF FAYETTEVILLE WWTP,515): Submitted by CITY OF FAYETTEVILLE for property located W OF 54TH AVENUE . The property is zoned R-A,RESIDENTIAL-AGRICULTURAL and contains approximately 161 acres. The request is for creation of a new lot without street frontage to allow for development of an electric substation on the City Wastewater Treatment Plant property. Planner: Andrew Gamer 2. BOA 07-2835(PARKER/ILA STREET,445): Submitted by MAX A.&CYNTHIA PARKER for property located at 521 SHADY AVENUE, SW OF THE CORNER OF SHADY AVENUE AND ILA STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.43 acres. The request is for a reduced lot width of 60. ' (a 10'variance.) Planner: Dara Sanders 3. BOA 07-2836(SUPERIOR NISSAN,213): Submitted by JOHNSON TROILLETT ARCHITECTURE,P.A. for property located at 3372 N. COLLEGE AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 1.82 acres. The request is for a reduced front setback. Planner: Jesse Fulcher 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 thither 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 Mark Waller ,4 y BOA Meeting of December 3, 2007 125 W. Mountain St. ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Current Planning Director DATE: November 28, 2007 BOA 07-2834 (CITY OF FAYETTEVILLE WWTP, 515): Submitted by CITY OF FAYETTEVILLE for property located EAST OF 54TH AVENUE. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 161 acres. The request is for creation of a new lot without street frontage to allow for development of an electric substation on the City Wastewater Treatment Plant property. Property Owner: City of Fayetteville Planner: Andrew Garner BACKGROUND: Property Description and Background: The site is located on the City of Fayetteville Wastewater Treatment Plant (WWTP) site south of Persimmon Street and east of 54`s Street in southwest Fayetteville. The overall site contains approximately 161 acres of land under development for the new WWTP. The City of Fayetteville proposes to split a 4.00-acre parcel from the parent tract to allow for the sale of the tract to Ozarks Electric and the development of a new electric substation on the lot. Surrounding Land Use/Zoning: The property surrounding the subject 4.00-acre tract is all within the City of Fayetteville WWTP site and is zoned R-A. Proposal: As depicted in Table 1, the applicant is requesting a variance to allow the proposed lot split creating a nonconforming lot without street frontage/lot width. The 4.00-acre lot is proposed to be developed by Ozarks Electric for a new electric substation. The new lot would be accessed via a 20' access easement as depicted on the submitted plat. A variance is required to bring the proposed lot into conformity. Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request Lot Width 1 200' 0' a 200' variance K.IReporu1200700A Reportsl12-03-071BOA 07-2834(Cio ofFayettevilleWWTP).doc December 3,2007 Board of Adjustment BOA 07-2834 City of Fayetteville WWTP Agenda Item 1 Page 1 of 12 RECOMMENDATION: Staff recommends approval of requested lot width variance,with the following condition: 1. The use on the newly created lot shall be limited to public protection and utility facilities (Use Unit 3). 2. Development of the electric substation on the new 4.00-acre tract shall be subject to Large Scale Development review in conformance with City ordinance. 3. A 20' access and a 20' utility easement to provide access and utility service to the new lot shall be provided as depicted on the plat. Additional Conditions/Comments: BOARD OF ADJUSTMENT ACTION:' ❑Approved fl Denied Motion• Second: Vote: Date: ,Decenibei 3;2007 The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this variance. Name: Date: GENERAL PLAN DESIGNATION: Civic Institutional 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. K:Weporls12007WOA Repo,tsI12-03-071BOA 07-2834(CilyofFayeltevilieWO7P).doc December 3,2007 Board of Adjustment BOA 07-2834 City of Fayetteville W WTP Agenda Item 1 Page 2 of 12 Finding: Special conditions do exist for this property that are not applicable to other lands in the same district. The subject property is in the process of being split prior to the sale of a 4.00-acre tract to Ozarks Electric Corporation, for development of a new electric substation. The special condition is that the property will be developed for an electric substation for public utility purposes, and not for typical development. The nature of an electric substation requires it to be developed away from public view when feasible. In this case,54th Street is the public realm and the new lot for the electric substation is therefore set back 75' east of the 54t" Street right-of-way. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would not allow creation of the new proposed lot without street frontage. This lot is needed to allow for the development of an electric substation and needs to be on a separate legal lot of record for the electric company. The location of this property is interior to City property and it is not necessary or desired by the parties involved to increase the size of the lot to provide the needed frontage onto 54th Street. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special condition requiring the variance is a result from the actions of the applicant to create the new lot in the configuration desired. However,due to the unique nature of the public utility use on the subject property, granting the variance would be in the public interest as it would increase the distance of the electric substation from 54th Street,reducing aesthetic impacts of this potentially objectionable development. 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 given the public utility nature of the electric substation that will be developed on the subject property. It should be noted that the requirement for street frontage is unique to residential land uses. Nonresidential land uses such as commercial or industrial developments are not required to provide lot frontage along a public street. 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 K:IReports120071 BOA Repons111-03-071BOA 07-1834(CityofFayettevi11eWWTP).doc December 3,2007 Board of Adjustment BOA 07-2834 City of Fayetteville W WTP Agenda Item 1 Page 3 of 12 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,December 3, 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 lot width variance is the minimum variance necessary to accommodate the proposed lot. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning,Chapters 160-165,and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting the variance will 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. As noted above, the requirement for street frontage is generally only required for residential developments. Given the understanding that the newly created lot will be used for the development and operation of public infrastructure(electric substation),and given that this sort of public infrastructure is generally desired to be set back from public view,it is appropriate to create an interior lot without street frontage. Granting the variance would not be injurious to the neighborhood or detrimental to the public welfare. C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. K.IRepor1sLWMBOA Report 112-03-071BOA 07-2834(C7TyoJFayet1ew11eWWTP).doe December 3,2007 Board of Adjustment BOA 07-2834 City of Fayetteville W WTP Agenda Item 1 Page 4 of 12 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 electric substation use is classified as Use Unit 3 (Public Protection and Utility Facilities)in the Fayetteville Unified Development Code, which is allowed in the R-A zoning district. K:IReporas 200AROA ReportsI12-03-071ROA 07-2834(CityoJFayettew11eWWTP).doc December 3,2007 Board of Adjustment BOA 07-2834 City of Fayetteville W WTP Agenda Item 1 Page 5 of 12 City of Fayetteville Unified Development Code 161.03 District R-A,Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished;prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;conserve the tax base;provide opportunity for affordable housing,increase scenic attractiveness;and conserve open space. (B) Uses. (1) Permitted uses. Unit I City-wide uses by right Unit 3 Public proteefion and utility facilities Unit 6 Agriculture Unit? Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 20 Commercial recreation,large sites Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: - Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback requirements. Front Side Rear 11 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District,provided,however,that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965,App.A.,Art.5(1);Ord.No. 1747,6-29-70;Code 1991,§160.030;Ord No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99) K:lReports120071BOA Reporis112-03-471BOA 07-2834(CityoJFayettevilleWWTP).doc December 3,2007 Board of Adjustment BOA 07-2834 City of Fayetteville W WTP Agenda Item 1 Page 6 of 12 October 30, 2007 Re: Ozark Electric Cooperative Corp. Land Sale City of Fayetteville Planning Division Dear City of Fayetteville , Ozarks Electric Cooperative Corporation is purchasing four acres of city owned land in order to build an electrical substation near its existing transmission line. Thant-You, Andrea Allen WSIP Office City of Fayetteville 113 West Mountain Fayetteville, AR 72701 December 3,2007 Board of Adjustment BOA 07-2834 City of Fayetteville W WTP Agenda Item 1 Page 7 of 12 7avy%je - ,I ARKANSAS e - 125 W. Mountain St. Fayetteville,AR 72701 WATER&SEWER DIVISION CORRESPONDENCE Telephone:(479)575-8206 Fax:(479)575-8202 Memorandum November 28, 2007 Mr. Bob Kohler Chair of the Fayetteville Board of Adjustment RE: Lot Split Variance for the Westside Wastewater Treatment Plant Property The City of Fayetteville's Water&Sewer Department is selling some property to Ozarks Electric for the purpose of a new substation. The lot does not meet the minimum width/street frontage requirement in the R-A zoning district of 200'of frontage. The City is requesting a variance to allow for the lot to be split off without the 200' frontage. Special conditions exist in this case that are not applicable to other lots in the R-A.zoning district. The plan is to locate the substation substantially off of the road will help shield it from adjacent property owners. Placement of a substation immediately adjacent to 54,' Street could have a detrimental effect on the adjoining landowner's property values. Also, the City will be retaining ownership of the adjacent land,thus no future development in the area is anticipated. Furthermore, granting the variance would not confer any special privilege to the City. I hope this request will be met with you satisfaction. CITY OF FAYETTEVILLE SHANON W. JONES Shannon W. Jones, P.E. Water& Wastewater Engineer December 3,2007 Board of Adjustment BOA 07-2834 City of Fayetteville W WTP Agenda Item 1 Page 8 of 12 I I I I I I $ Z FWND RR SPIKE FWND AR SPIKE Rmsmmxi eTREEr N 8742'12° __-_„n-____,n_ N-6W SP E-653060.80 L NEC NE 1/4,SEC. 14 I I I 11 I I i I 1 I I I i I I I I I I I 1 c i t I i f i I I I I I I I I ;; n of s4TErtEvIUE, Isb.c�1� I I r i If 335;00 /F�. I n I II i N 8032'18° W ' NI q I ml r l 41 NE 6 SECTION 14, I 3 I 31 \riP.au 7-I6-N, R-31-W 5 nl _ I 160.679 ACA' I ,I 3 1 1 gi 0NI Ul u tI O 4.001U1® (V mI 51 N ^I wi n I ri 3 W CI TErTEVILLEr I N I %ryc, OSARKS EtiCTRIC r RC6 w..]cs-'aam-om C L � � caRror+nTta+ N I 1 x m in 1 iRACt-�B PER 00'23-0.'�'1�0IM 4 14V5-W00954 ( f I �- TRACI C PER W/3-GWDOIM<2C6-�E4 —), ' I I oe. e i t AsmErrr I I P a TR4cT w'wERUEaD `3 �'" Y'. 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El F � q MERSF1 tl tid.' y-m^ ,T }'8• -?+d ff 12`'',���'�x Ka'x v`��. to v�� aid• ''��r� �a^�i �hh: av.v�t�'hva51� k'S `���-... ;.'''u Aad-=v��' ` ''t" -- rr DR .. •kms,:.-a'1.�,7.vn, .�m,'s.,ea,4hv"vi:.,sA:y.. `�:,a 2� �:*"�.,«. .ax.�,� -ar,r,� �*�"`.K.v�nx r�.��?�e ..�,o� ,�`st��,x:�::`� w' Overview o 75 iso aoo 450 soo December 3,2007 Board of Adjustment Fee$O 07-2834 City of Fayetteville W WTP A enda Item 1 age7TOF= BOA07-2834 CITY OF FAYETTEVILLE WWTP One Mile View SF- SF1 --' I � s EQGAN OR � y� p ' i I SHAL4TSp2� i , i - u --- - -- RSF 1 /pF � O I RSF 1 EI PH A@ DRy Overview Legend Boundary -. ---� Subject Property planning Area --- ®BOA07-2834 rp000g l� Overlay District I. ' 0 Outside City I I Legend - ® Hillside-Hilltop O erlay District j 0 0.25 0.5 1 December 3,200 7 - a,%34 City of Fayette ard ofilllleuW W T stmei t A 1 Page 12 of 12 7 0 I I BOA Meeting of December 3, 2007 aye C 7 A , ARKANSAS s THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Dara Sanders, Current Planner THRU: Jeremy Pate,Director of Current Planning DATE: November 28, 2007 BOA 07-2835 (PARKER / ILA STREET, 445): Submitted by MAX A. & CYNTHIA PARKER for property located at 521 SHADY AVENUE, SW OF THE CORNER OF SHADY AVENUE AND ILA STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.43 acres. The request is for a reduced lot width of 60' (a 10' variance.) Planner: Dara Sanders BACKGROUND: Property Description and Background: The subject property is located one block north of Maple Street and is currently undeveloped. Lot 2 is an existing non-conforming lot, approximately 69.25' wide and 132' deep, as it does not meet the 70' minimum lot width requirement for the RSF-4 zoning district. The applicant is the owner of the adjacent property (Lot 1), which contains an existing non-conforming structure. This existing structure (constructed in 193 1) encroaches into the west side setback and onto the subject property by approximately 5 inches. As a result,the applicant has submitted a property line adjustment request(PLA 07-2801) to adjust the property line 8.45 feet to the west, reducing the lot width of Lot 2 to approximately 60.8 feet. The property line adjustment is necessary to bring the existing non-conforming structure on the adjacent property into compliance with the RSF-4 setback requirements. Because the minimum lot width requirement is not met and the applicant intends to construct a single-family house on the subject property, staff recommended that the applicant request approval for 60' of frontage (a 10' variance) prior to recordation of the property line adjustment. Proposal: The applicant is requesting a variance for the lot width requirements in the RSF-4 zoning district to allow for a 60' wide lot for the existing non-conforming lot. December 3,2007 K.IReports1200TBOA Reports112-03-071BOA 07-2835(Parker).doc Board of Adjustment BOA 07-2835 Parker.11a Street Agenda Item 2 Page 1.of 12 Table 1 Variance Request Variance Issue Ordinance Requirement Applicant's Request Lot Width(RSF-4) 70' 60' (a 10' variance RECOMMENDATION: Staff recommends approval of the requested 10' variance with the following conditions of approval: 1. With the exception of the subject variance, any development or improvements to the property shall comply with all zoning development regulations including building setbacks from the property lines and Master Street Plan right-of-way, height restrictions, and so forth. 2. A building permit shall be obtained prior to commencement of any construction. Additional Conditions/Comments: BOARD OF ADJUSTMENT'AC,T10N: ❑Approved , 11 Denied Date:.December 3.2007 Motion: Second: Vote: the �CO�y�yI#CiO,N9O AP,P Q� �0sted�`[nxihtsre�orf are aecelite�"U to tot`1 w�U}out sx epttoin�6��fhe IN aY"�*f#;:."w�,�iF�s'2t^t;.�"�.a-{'.�"�:' `*v" c^s5n ,..+.. :-::-`o1s* �'.'`d,.`"o�i.�r,R"B-.=,a�K+S,'%s'"�,fi w_,y k k.r✓am...:.,.� ' Future Land Use Plan/City Plan 2025 Designation: City Neighborhood 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 December 3,2007 K.IReports12007MA ReportAl2-03-0ABOA 07-2835(Parker).doc Board of Adjustment BOA 07-2835 Parker.11a Street Agenda Item 2 Page 2 of 12 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. Lot 2 was originally platted with 69.25 feet of frontage on Ila Street prior to the current zoning regulations. Because Lots 1 and 2 are both non- conforming, the city code requires that they be considered as one lot; therefore, the applicant cannot build on Lot 2, despite the fact that it meets all of the requirements set forth by the RSF-4 zoning district with the exception of lot width. 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, specifically Chapter 164.12 Nonconforming Lots of Record do deprive the applicant of the right to develop Lot 2. Currently, the lot does not comply with the minimum standards set forth by the RSF-4 zoning district. As such, the property owner cannot develop the property until it is brought into compliance with the'`RSF-4 zoning requirements. To further exacerbate the situation,the existing non-conforming structure on the adjacent property to the -east encroaches 6 inches onto the subject property. The variance is necessary to allow the property line adjustment, which will bring both the existing structure into compliance and allow development of Lot 2 applicant to construct a residence on the subject property, which is consistent with the surrounding properties and with the City's goal for infill in this area and 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 is not the result of actions of the applicant. However, the property line adjustment is an action of the applicant to bring the adjacent structure into compliance with the area requirements of the RSF-4 zoning district and to allow for appropriate infill and the development of Lot 2. 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. December 3,2007 K.Weports12007WOA Reports172-03-071ROA 07-2835(Parker).doc Board of Adjustment BOA 07-2835 Parker.11a Street Agenda Item 2 Page 3 of 12 Finding: Granting the requested lot width variance will not confer special privileges on this applicant. Allowing the applicant to construct a residence, which is consistent with surrounding properties 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 considered as a basis of the findings stated in this staff report, as the lot did not meet the minimum lot width requirement prior to the property line adjustment request. 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, December 3,2007. 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 lot width variance is the minimum variance necessary to bring both the subject property and the adjacent structure 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 lot width variance will be in harmony with the general December 3,2007 K,IReports12007WOA Reportsll2-03-0700A 07-2835(Parker).doc Board of Adjustment BOA 07-2835 Parker.11a Street Agenda Item 2 Page 4 of 12 purpose and intent of zoning regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare as both lots, with the exception of lot width for Lot 2, will meet the minimum bulk and area requirements for RSF-4 after recordation of the property line adjustment. 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: Subject to all applicable bulk and area requirements; single-family dwelling units are a use permitted by right in the RSF-4 zoning district. December 3,2007 K.IReportA20071BOA Reports112-03-071BOA 07-2835(Porker).doc Board of Adjustment BOA 07-2835 Parker.11a Street Agenda Item 2 Page 5 of 12 City of Fayetteville Unified Development Code 161.07 District RSF-4,Residential Single-Family—Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. FF Unit 1Ci -wide uses b right 11 Unit 8 Single-famil dwelling 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 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density, Single-family ly�] dwellin s dwellin , Units per acre 1 4 or less 1 7 or less Bulk and area regulations. Single-family. Two-family - dwellings dwellings Lot minimum width 70 ft. 80 ft: Lot area minimum 8,000 sq.ft. 12,000 sq.-ft. . Land area per 8,000 sq.ft. 6,000 sq.ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq.ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq.ft. 6,000 sq.ft. dwellin unit (E) Setback requirements. FRONT SIDE REAR 25 ft. 8 ft. 20 ft. HOD Front HOD Side HOD Rear 15ft. 5ft. 15 ft. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40%of the total area of such lot. (Code 1991,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4858,4-18-06) December 3,2007 K.V&portsLW071B0A Reports112-03-071BOA 07-2835(Parker).doc Board of Adjustment BOA 07-2835 Parker.11a Street Agenda Item 2 Page 6 of 12 164.12 Nonconforming Uses And Structures (B)Nonconforming lots of record. (1) Single-family dwellings. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that setback dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. In a previously developed subdivision,platted prior to June 29, 1970, and with the approval of the Subdivision Committee, a new single-family dwelling, or an addition, or repair to an existing single-family dwelling may be constructed in all residential zones in keeping with the existing standard in the neighborhood so long as the interior side setback is no less than five (5) feet. Variance of setback requirements shall be obtained only through action of the Board of Adjustment. (2) Combined lots. If two or more, or combination of lots and portion of lots with continuous frontage in single ownership are of record at the time of.passage or amendment of this chapter, and if all parts of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements stated in this chapter. The prohibition prescribed hereby shall not apply to a nonconforming lot on which a principal structure existed on the effective date of adoption of this chapter and which adjoins a nonconforming lot on which a principal structure existed on the effective date of the adoption of this chapter. December 9,2007 K.1Reports2007BOA Reportsll2-03-071BOA 07-2835 Pgrker).doc Board of Adjustment BOA 07-2835 Parker.11a Street Agenda Item 2 Page 7 of 12 To: The Chair of the Board of Adjustments From: Max Parker Subject: Request for Variance,Lot width Property: Lot 2,Block 4,Englewood Addition,Fayetteville,Ar. Date:November 08, 2007 To whom it may concern, This is a request for a lot width variance for my property described generally as lot 2,block 4, Englewood Addition,Fayetteville and more specifically described on attached plat. My intention for use of this lot is a quality infill project. A new single family home,consistent with the style and architecture of homes along Ila Street,will have a positive contribution to the neighborhood. To address the following points a-d required by ordinance; This lot is in an older neighborhood and was created before existing zoning laws were in place. The need for a lot width variance so lot 2 will meet current zoning requirements is not caused by any action on my part. The lot line adjustment requested between lots 1 and 2 leaves lot 2 with over 8000 square feet, and in addition, increases the west side setback for the existing lot 1 structure from 0'to a full 81 . Prior to this lot line adjustment,Lot 2 had a 69.25' width. After the lot line adjustment,the lot 2 width will be 60.80',which is consistent with adjacent and other lots in the immediate area. There are no structures on lot 2,so I have not addressed questions regarding building size or off street parking. Thanks for your consideration. Max Parker December 3,2007 Board of Adjustment BOA 07-2835 Parker.11a Street Agenda Item 2 Page 8 of 12 f � / 76'5-051,00-000 /765-05101-000 / I— ,WILKIWROLF B. f T94VIS,RYAN WAYNE& \ / 318{N ILA ST i ELIZABETH KAY/ .FAYETT,EVILLE AR 72701 302 W. ILA (RSF-4) FAYETT(W-4Afr�72701 PROPOSED I% i EX. �'WTR EX. 8'SWR WTR. TAP EX. 8 50' 7W SWR. X. ll✓2'WTR _ ILA STREET i PROPOSED I. 2 STATE PLAIN WTR SERVICE COORDINATES 25.00' J N-639479.5590 E-673059:'5378 - B"45' O.B. CORN PLAIN 60.80' 74.25' L 1 ORIG)_ 9ATE5 5.4004 6.2010 e \ CONCRETE 25BLDG. 25'BLDG. RETAINING.WLL / SETBACK/ SETBABK - 3 B'BLDG. SETBACK m I i CONCRETE BLOCK RETAINING WALL 25. LOT t I.29'. = PART OF LOT 2 BLOCK 4 �NITA 0 ri BLOCK 4 O T 2 . m ^ EXISTING 72701 ORIG.AREA=9,140 S.F. l HOUSE / REV.AREA=8,025 S.F.11 ORIG.AREA=9,800S.F. a ' 1 REV.AREA 10,916 .F.O.Z 8'BLDG. \mK 5l�'Y7/W IISETBACK NEW LOT LINE 8'-BLOG- m o L 70'BLOG./ SETBACK \ EX. WT I v¢ti SETBACK GRAVEL �' METER IAND PARKING \ 8'BLDG 45' / . SETBACK 1 60.80' 74.25' II// N89°t�21"W P.O.B. 143.50' (SE CORNER 0 12 A LEY I -0.8. LOT 2 ORIG.) / SE CORNER LOT 2 REV.) 765-05109-000 765-05110-000 B d of Ad uCecamber 3 200 200 , 4NITA (HANNA, THAD B&ANITA MINE SHAFT GAP JT 350 W MAPLE ST HOLDINGS.LLC / I 72701 \FAYETTEVILLE AR 72761 PO BOX f089 07-283 arker.11a Stree (RMF-40) FAYETTEVILLE AR 72702 / Agenda Item (RMF-40) Page 9 of 1 BOA07-2835 PARKER / ILA STREET Close Up View it< ..�,.x:�r SUBJECT PROPERTY u"5 �```W4s`x�"�Ya`°2�v � i�\�?^�• v.4'°^�S$��js�`�,�??va��1,a` a§ �iiit '�� �.:... y"-�. .�-'e,,•*.��,�'fi`��� \ u�. ,.,.�yy. t `i :Ue vx �^•. ,,t-4.'`� =•;� % c tX av,.`iv W'.'iv M� �a w Shia s.ax �s vSvs'lS avws r v is [ �.Ptr`;yC: �� vvLx� flSf)Usav `�i',<� �yayL� I -----' MAPLE ST KAPLE ST Nv "r3 Overview a.,M. o 37.5 75 150 225 soo December 3,2007 Board of Adjustment Feet BOA 07-2835 Parker.11a Street A end§Item 2 age 1u of 12 BOA07-2835 PARKER / ILA STREET One Mile View � (; s _� qa $m — ��� n � �l e✓� ( \mA 'x91A iy< A" r k 1 SUBJECT PROPERO TY M All \ j I a f' •— T�. y I 7 F \ I I — I av M Overview Legend Boundary `"-- Subject Property '�„i Planning Area BOA07-2835 .0000:o Overlay District 17 Outside City Legend ® Hillside-Hilltop O erlay District 0 0.25 0.5 1 December 3,20 7 S Board ofAdjustm t BOA 07-2835 Parker.11a Str t AgerldNIM 2 Page 11 of 12 December 3,2007 Board of Adjustment BOA 07-2835 Parker.11a Street - Agenda Item 2 Page 12 of 12 'T 1° � BOA Meeting of December 03,2007 1= ARKANSAS 125 Mountain Fayetteville,AR 7270]01 Telephone:(479)575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS BOARD OF ADJUSTMENT CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: November 29, 2007 BOA 07-2836 (SUPERIOR NISSAN,213): Submitted by JOHNSON TROILLETT ARCHITECTURE, P.A. for property located at 3372 N. COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.82 acres. The request is for a reduced front setback. Planner: JESSE FULCHER BACKGROUND: Property description: The subject property is located at 3372 N. College Avenue, at the southeast corner of College Avenue and Masonic Drive and is zoned C-2, Thoroughfare Commercial. According to City of Fayetteville building permits, the original building was constructed between 1961 and 1965 as Houston Taylor Motor Company. The building was located approximately 40' from the north (side)property line, which later became a front setback after Masonic Drive was constructed. The existing structure is nonconforming, as it encroaches within the required building setback as measured from the Master Street Plan right-of-way from Masonic Drive. Proposal: The applicant proposes to construct an approximately 2,300 sq. ft. expansion on the south side of the building to provide additional office space and reception area. SURROUNDING LAND USE AND ZONING Land Use Zoning North Commercial C-2, ThorougHare Commercial South Commercial C-2, Thoroughfare Commercial East Vacant RSF-4, Res. single family, 4 units/acre West Commercial C-2, Thoroughfare Commercial K.]Report 1200700A Repo,tsl12-03-071BOA 07-2836(SuperiorNissan).doc December 3,2007 Board of Adjustment BOA 07-2836 Superior Nissan Agenda Item 3 Page 1 of 12 Table t Variance Request Variance Issue Ordinance Applicant's Request Variance Amount Requirement Front Setback-Masonic Drive 50' 40' 10' RECOMMENDATION: Staff recommends approval of the 10' variance along Masonic Drive with the following condition(s): 1. The granted variance shall apply only to the footprint of the existing structure. 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. 2. Approval of this variance shall not be construed for approval of a building permit or sign 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. 3. With the proposed redevelopment of the site, the associated parking lot shall be brought into compliance with city codes per the requirements of Chapter 172.08, including landscaping along rights-of-way and interior to the parking area, dimensional requirements for drive aisles/ways and parking stalls, and number of parking spaces required. CMh Q ?JUST MECi A 1O11� __ p .�AProved_ C 7)e t� tl lYlt{Qaxec�ttcl dote �a�e, ,december(13 39h7 The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this variance. Name: Date: CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION: Urban Center Area K:IReport51200700A Reporrsd2-03-0700A 07-2836(Superior Nissan).doc December 3,2007 Board of Adjustment BOA 07-2836 Superior Nissan Agenda Item 3 Page 2 of 12