No preview available
HomeMy WebLinkAbout2008-08-04 - Agendas • ayve eelle 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,August 4,2008,at 3:45 p.m. Room 326,City Administration Building The following items will be considered: 1. Approval of the minutes from the July 7,2008 meeting. New Business: 2. BOA 08-3057 (FOURNET/ SHADY LANE, 406): Submitted by DAVID C. & ANDREA FOURNET for property located at 1214 N. SHADY LANE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.18 acres. The request is for side and rear setback variances to allow an addition to the existing residence, and for a front setback variance to bring the existing structure into compliance. Planner: Andrew Gamer 3. BOA 08-3058(PHYSICIAN'S SURGERY CENTER, 175): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 3873 NORTH PARKVIEW DRIVE. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 2.96 acres. The request is for a side setback variance to allow for the addition of a 3"floor to the existing medical office/surgery center. Planner: Dara Sanders 4. BOA 08-3059(SMITH/LAFAYETTE,485): Submitted by TOM&DEBI SMITH for property located at 312 E. LAFAYETTE STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.20 acres. The request is to modify previously approved side and rear setback variances to allow for a new detached garage. 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 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. 2008 Board of Adjustment Members Robert Kohler (Chairman) Sheree Alt William Chesser James Zant Robert Nickle Mark Waller Steven Bandy 7ayC BOA Meeting of August 4, 2008 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate,Director of Current Planning DATE: July 28, 2008 BOA 08-3057 (FOURNET / SHADY LANE, 406): Submitted by DAVID C. & ANDREA FOURNET for property located at 1214 N. SHADY LANE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.18 acres. The request is for side and rear setback variances to allow an addition to the existing residence, and for a front setback variance to bring the existing structure into compliance. Planner: Andrew.Garner BACKGROUND: Property Description and Background: The subject property is located'at,,1214 Shady Lane. The property contains a residential structure, constructed in 1955.; On.January19, 1995 the Fayetteville Board of Adjustment approved a variance (BOA 95-2) toallow a 12-foot rear setback(east)to permit a new addition. The addition on the rear,(east) of the structure was constructed in accordance with the variance allowing a 12-foot setback. The front of the structure is located approximately 12 feet into the front setback off of Shady Lane. The house is surrounded to the north, east, and south by undeveloped lots. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North, East, and South Undeveloped lots I RSF-4 West Single-family dwelling RSF-4 Proposal: The applicant is requesting a variance from the rear and side setback requirements in the RSF-4 zoning district to allow for a 12-foot rear setback to and a 4- foot setback to allow for a proposed 633 square foot addition to the home. The addition is to increase the size of the master bedroom including a private bathroom, more personal space, and for an unheated screened porch. The proposed addition would not extend the footprint of the house any further into the setbacks than the existing house. The applicant is also requesting a front setback variance to bring the existing non-conforming structure into compliance the front building setback requirements of the RSF-4 zoning district. The variances are listed in Table 2. August 4,2008 Board of Adjustment K,IRePors20081B0A RePorts108-August 400A 08-3057(Fournt.doc BOA 08-3057 Fournet/Shady Lane Agenda Item 2 Page 1 of 10 '. Table 2 Variance Request Variance Issue Ordinance Requirement Applicant's Request Front Setback west side existin structure 25' 13' 12' variance Rear Setback (proposed addition 20' 6' 14'variance Side Setback(proposed addition 8' 4' 4'variance RECOMMENDATION: Based on the findings included herein, staff recommends approval of the requested rear and side setback variance for the proposed addition, and for the front setback variance to bring the existing structure into compliance with the following conditions of approval: 1. No expansion of any existing structure,without Board of Adjustment approval, shall occur within the building setbacks,with the exception of that noted herein. 2. A building permit shall be obtained prior to commencement of any construction. B7c7Pi7�� ivCLO M 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: l: Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: Special conditions do exist for this property that are peculiar to the existing building. The lot was platted and the existing home was built prior to adoption of the City's current zoning regulations. The front setback of the existing home was made nonconforming as a direct result of the City's adoption of the zoning regulations in the 19701s. The proposed addition would not extend any further into the rear or August 4,2008 K.-Te orts1200800A Re orts108-Au August 41BOA 08-3057 Board of Adjustment p p gu (Fournet).doc BOA 08-3057 Fournet/Shady Lane Agenda Item 2 Page 2 of 10 side setbacks than the existing house. 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 deprive the applicant of the right to renovate or construct an addition to the existing home, a right that is enjoyed by other properties in the same district. The variances are needed in order to construct a reasonable addition to the home. The proposed addition would not extend the footprint of the building any further into the rear or side setbacks than the existing home. The existing home could be retained on the property in its existing footprint, but without a variance the improvements to said structure would be limited by Chapter 164.12. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The special conditions and circumstances do not result from the actions of the applicant, but rather as a result of zoning regulations that were adopted by the City approximately 25 years after the lot was platted and the house built. The proposed addition on the rear and side of the home is a result of the actions of the applicant, however the addition would not encroach into the setbacks any further than the existing house. 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 building setback variances will not confer special privileges on the applicant. The applicant is requesting approval for improvements and additions to an existing nonconforming structure that was built prior to adoption of zoning regulations. The additions are reasonable given their small scale and given that they do not protrude into the building setbacks any further than the existing house. The zoning for the property allows single family use, and has been utilized for this purpose for many years in the surrounding area and on lots with similar size. The applicant will not be granted any special privileges denied to other lands in the same district. 5. Nonconforming Uses. No nonconforming use of neighboring lands, August 4,2008 K:IRe orts120081BOA Re ortst08-Au August 41BOA 08-3057 Fournet.doc Board of Adjustment P P 8u ( ) BOA 08-3057 FourneVShady Lane Agenda Item 2 Page 3 of 10 structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: Existing nonconformities were not considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,August 4,2008. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: The requested front and rear setback and lot area variances are the minimum variances required to bring the existing house into compliance with the ordinance and to allow for the proposed additions. 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 requested variances 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. The location of this structure and the proposed addition are similar in nature to other structures in the area that were built prior to current regulations, and as a result will not result in a change in the character of the neighborhood. The immediate lots surrounding the proposed addition are undeveloped and the addition will therefore not impact any immediate adjacent residence. Further, the proposed improvements would not protrude any further than the existing home into the building setbacks. August 4,2008 K:Iltepons12008180A Reports108-August 41ROA 08-3057(Fournet).doc Board of Adjustment BOA 08-3057 Fournet/Shady Lane Agenda Item 2 Page 4 of 10 c. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions for this request which are stated on page one of this report. d. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: The proposed use is for a single family residence which is a use permitted by right in the RSF-4 zoning district. August 4,2008 Board of Adjustment K.IReportst2t)OMOA Reports108-August 4WOA 08-3057(Fournet).doc BOA 08-3057 Foumet/Shady Lane Agenda Item 2 Page 5 of 10 July 9, 2008 Board of Adjustment City of Fayetteville Fayetteville, AR Dear Chair, We are writing to request an adjustment to our building setbacks so we may add on to the back of our home. This would enable us to expand our master bedroom to include a private bathroom and more personal space. With this addition we would also like to build an unheated screened porch. a. Due to our small lot size (90x90)we need to request this variance to allow for this addition. b. There are other existing homes in the neighborhood that already have structures that violate the building setback code. In requesting our change of setback, we are simply keeping with the precedent already set in the neighborhood. c. We have not begun construction on this project. d. We are unaware of any special privilege this would give to us that may have been denied to other lands, structures, or buildings in the same district. In fact, there are already other existing homes in the neighborhood that violate the current setback ordinance. Respectfully submitted, Andrea and David Fournet August 4,2008 Board of Adjustment BOA 08-3057 Fournet/Shady Lane- Agenda Item 2 Page 6 of 10 Attachment A Variance Request Building Setback 1214 N Shady Lane Fayetteville, AR 72703 The owner's, David and Andrea Fournet, would like to increase the size of their master bedroom enabling them to add a private bathroom and more personal space. With this addition we would also like to build an unheated screened porch. The proposed addition is to be on the back of their existing home at 1214 N Shady Lane Fayetteville,AR. Due to the small lot size 90 x 90, this addition would require a variance to the current building set backs. The foot print of the new addition would be setback 12'feet from the back property line consistent with our previous addition and 4' into the side setback. Neither of these additions would extend from the house into the setbacks than the previous addition. We are also requesting for the existing non-conforming front setback to be brought into compliance The existing building size is 2,084 sf. The proposed addition is 633 sf, of which 223 is heated. Currently there are 4 off-street parking spaces, but no new spaces will be added for none will be required. Variance being requested is building setback. August 4,2008 Board of Adjustment BOA 08-3057 Fournet/Shady Lane Agenda Item 2 Page 7 of 10 S a iF aul�6uadoad Jean,06 u y I A 430 'AR2 a J � V C \ J ln O r dl a n / / Z o Z w 13 I � I I s t 4-c G a o - August 4,2008 Board of Adjustment '.. BOA 08-3057 FourneVShady Lane Agenda Item 2 - Page 8 of 10 BOA08-3057 FOURNEVSHADY LANE Close Up View a�...,y�;..„k �,�a�`vS�Nlt�i���{x.�h�� w ,�.irxh tt>vs`�*�'�l�x 4a y"*Yv,l�� ��vifi Yv.\i';\a�',w\iv;lrv.\\l�`"t{,,t`:.r..vt a1'e- 4 ^.7'\.\\;i:; ., ,i• i��M� `\�\\1yk*Y*x \��"S��'.�✓ r l\1 4£hv 'v >±.: %y'; � ;it \L`v < �a1 �J i `�l 'il. v � � uS�\�r Ulv. �L\4 2�. y\by � 4 \ f F`h YL�`\ l A 44;"GW 4` »..3 Yx\4\i}t h'•`4'"i''tr �.\k`M1l A \ ,y4 X3U d '�y,x'*�l\:ti�X` ,,e\t.�� ill\tQ' n. > ^.'�`«.w a:),£"a;�.r�s`S �,"'z'e'x tro ,"4 'tx4 'i'l z F""t� E`w?+xS�.zM,v a"a�`bz r \S'•� `"y`, £k X,�.S`v nlr`*C'"�,�i z8 s£tit",:* �.a LLY Si __—J .fir4V `.;L.v.• HOLLY ST ',,�,,vin 4-}£4V ' 43\>�'•yYv q A, v \ VY�tt i 2vv i l l U Vl A ri. is tix i+��d�yc�1�1 L:�:�k\�l\114`3X4 12�C'•A�z�l l�\?'�v.k\4�0.�., i y r\�YC)?lY y L� ��41'a'`4Aly �V y'�.4`^V �, lYv, i m, x>"e u �\\k y l x � xa b'iii a i,.y -' \\ vl t\ ii\\ \\illi 1VAai "VA A \Yi g \X..�,vi 4 4uu ao Iv%„Av.,va�hl" ii ' �'`yA\`n�a\y�'"i+: l'VYv tt 'xvti'V.\i ruSC1`u*. A� �? �1 viii a`1�\.a`fi'i�`ri.sv k5 i�i)latiivAAltii'Z vial asK a iLh `fi,+a ;aWT-t.� +�i=",„ \��1 i £. l.�i, t t� i;avtu=e uutju",,.0 vRV`•�\ix a ','ta 1,^"a`a�i t,`4; v xror ASw'>•Y�+`� tx 'S.u'3 "` 'tGy t'"'�v � xv3``• t + tl ^, t ya ti . ? u`.; n "t t ry �ae Y'Y t''ti tai .,, 47"'?'a{'vM.. d r'ax� ,w + 4l4 ° vv M ut.4`, atx Y4;'S4� I r " h "a p y cy Y v ,t �•t 4 Svi't`q Y �� sr � t+.: Aa xtv,W( xfhv Y\ 4 ra^,v\v%."igqyy',Y✓ a v C I r x yi a .a Y ;u t 1 u iry ~1 1t1y. '; 4a .��s�`�•-�1y''+i.iir�y t �?1��4t.�x x'3�1Xs�✓ti'=,a�'ss �a t>� ati aY'ti.,<a ae tii r�\<*,a'"kctdi�,Fi`: 3 iY''` t,; } i '`i. *, h ux�a.`�; x",71>r. i a�xV\�?u.=\,.\�y.43�t?4� '�VA+.A4��'�v't`�'l�xt;r�`x tAy`i eta ai`�t to ei � � r`t\` CS�`n.A`,-r�v 'vxy ?tt' � ;AAv'��`•11A141�V��'1Tt4A�Y1� 4�,Y,"V.;,�� .. to \'fitiYil\ A^. +tiXsy `tit`biA"*i`aatt auaA,tap'y tt2vi is £x ig vuii iw; inti ail i. Av\ i4X � �\ �£\�'.A'�\A.,VAI\u t4 loS :.. a t Y`x\v+.e b`u�"♦ h s 4 x% �t+al W 4"} i i a lx 1*.�.+ ld `" •,. ri 4�` iyai it 0'. �yJ Yc '#.;` t '.+u % _ �i� td,�t v� , � +. Y VY i tJR r`\�`a Y tgl'x y tea:;�, 3ti at a"n`v'vi�"i o-:' ° rl'} v ia�'.`sl- ��:¢rl ✓p >ry` a ti) ya(. ',v a*, '.. 'b x n ��... v { .a n t `3 ,yT - Sasl v%i4U 5+„s`^ wva'�fh*lvsxi��"ii*ytyl>x u,`i+f '�i�/X�ir � 7 lb j1 � ",t\ y. ai> �y 4t ".ah��x x y n 1 YV� y G ayzlti t.1 7a�u"f% x�*n .,a�rv"3 4(,..v5 'ni �:ir�aa''*• + ', 'l„h'i�ti+'i- n .xf"'y"a ;v. C'.% ,y v ,,� K v 1 a Y zy tat£'� 4 u.{ v �.Ate ,u '"�'� `r`���`,f4, �,��aaz.u� �4"`'k� u 3 h � � ��.Y�i�„n? 3,tt fix.;'`V '�,y�V''*.�`:."„�,'��t'eK'•�..,^'�i','�.a aye a�'s o-a � z�t� � ,y `�?y,.at �; Ttic2k2 ym�e Y%"'a v.T'.,t:�+ yva+. '4�&4< f%a s'v+as3'x'��+a;K'a'� :1u�✓:,J��'sl`r4"4�tX�a-'hh x hey 4Y1 ✓ "y"'3y�¢� -:a'a,+ mom' . Tyw�t"� "t1k.� vC<�"4�'vA"' Y,-L.xa,x �Xs%v.^.." '.wv�.y 3�ys:1� ,",�..�t��i�v 1t y"x^ux"x, y�^,"'n11i v\G£, '�'x�uz'�.xt x'"`>3 £`�vo-aA"``x y?x"Y,4i �x{eU`�'4£��at v "la`"�`�•v„T�"',,"ye'^�+i*,' u..� � tti'7 y;v ,.c\`.w"lata4l�i,,s.�£y,C�,a�a;....Y�,t"t`^.'a\'h x�'.i�v X'� °"�a"+,�;�.: £'yx'"v'`.vt,.,t�,+t„"+.''' ti'z,�r)ic.,'<1�xx; v4\U \v.,{\s . ',ti wi1x* �C s.``.,;..�`A.7t��"."��,�'\i`•titi I �`�,1}�°a@�avr \�,v>-.,,y '4h ��"liv i�� S �a�C��3"�`a.y£.v v,i4�\���jt `v,at �4 ay1.'�': o Overview 0 37.5 75 150 225 300 Feet August 4,20 8 Board of Ad'ustm t - ourne a y ane Agenda Item Page 9 of 10 BOA08-3057 FOURNEUSHADY LANE One Mile View 317 3 0401 i �g .,;.�� .�a�� v��� 4 � �r Mr♦Jf a � �i•""..5 aas"�" :t �v'����� Iz�:R g s� a I s �✓=A.�a � 4` u`fi%�' ! iL�—�3T" $ � c S�1i ��-41�h3 lav"' " { ���� Ott ��� [�•! #--� ..� �• I � _ l�biai°sem.° s .�, p ^r�� --� .. 7 � `°{ Icy y�5a ! � r. f�9� �.• S! S y. +�, f f. Overview Legend Boundary Subject Property 'Na Planning Area BOA08-3057 °O9O?0veday District ❑ outside City Legend Hillside-Hilltop On erlay District 0 0.25 0.5 1 Mlles August 4,2008 ment BOA 08-3057 Fournet/Shady Lane Agenda Item 2 Page 10 of 10 17yeBOA Meeting of August 4, 2008 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: July 28, 2008 BOA 08-3058 (PHYSICIAN'S SURGERY CENTER, 175): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 3873 NORTH PARKVIEW DRIVE. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 2.96 acres. The request is for a side setback variance to allow for the addition of a 3`d floor to the existing medical office/surgery center. Planner: Data Sanders BACKGROUND: Property Description and Background: The subject property is located on North Parkview Drive, north of Joyce Boulevard and south of the Park Apartments, a multiple- family development. The 2.96-acre tract is currently developed for the Physician's Surgery Center with one medical office building and associated parking, which was approved by the Planning Commission and constructed in 1991. In 2007, the Planning Commission approved the applicant's request to operate a hospital use in the R-O zoning district and to add a 20,506-foot addition to the structure. Surrounding Land Use and Zoning Direction from Site Land Use Zoning North The Park Apartments RMF-24 South Professional Offices R-O East Vantage Square Medical Office (future development) R-O West Professional Offices R-O Proposal: The applicant proposes a 3rd floor addition to the north side of the approved 2- story medical facility, which will increase the building height to 49 feet and the minimum north side setback requirement to 44 feet. The setback regulations in the R-O zoning district require a minimum side setback of 15 feet when contiguous to a residential district and an additional distance of one foot for each foot of height in excess of 20 feet. This requirement is primarily meant to protect single-family neighborhoods, as the R-0 zoning district is typically utilized as a transition between intense commercial uses and single-family residential uses. August 4,2008 K:IReports120081BOA Repor1s108-August 41BOA 08-3058(PhysiciansSurgery Center).doc Board of Adjustment BOA 08-3058 Physician's Surgery Center Agenda Item 3 Page 1 of 14 Because of the placement of the existing structure and the setback requirements of the R- O zoning district, the applicant is requesting a variance from the north side setback requirements in the R-O zoning district to allow for a 20' side setback, a 24' variance, to allow for the addition of the proposed 3`d floor at the north side of the structure. RECOMMENDATION: Based on the findings within this report, staff recommends approval of the requested 24' variance with the following conditions of approval: 1. Prior to the issuance of a building permit,the applicant shall submit a major modification and conditional use request to the Planning Commission to allow for the addition of a 3`d story to the north side of the approved 2-story structure. Should the Planning Commission deny the requests, the variance shall be null and void. 2. With the exception of the subject variance, any development or improvements to the property shall comply with all zoning and development regulations including building setbacks from the property lines and Master Street Plan right-of-way,height restrictions, and so forth. u B®31I2D30F AD Ts TIMET CIONImp p Ap rove eme x9 r �,� n I)atgIs42008 og& .. LfI.i 8 rxa E9 @ Future Land Use Plan/City Plan 2025 Designation: Residential 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 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: Staff finds the request to encroach into the increased side setback due to the proposed height addition of the existing building does not demonstrate sufficient special conditions peculiar to the land; August 4,2008 K:IRe orts120081BOA Re ortsl08-Au August 41BOA 08-3058(Physician's Sure Center.doe Board of Adjustment P P %+* (phl' Surgery ) BOA 08-3058 Physician's Surgery Center Agenda Item 3 Page 2 of 14 however, staff finds that the existing location of the structure and the location of the proposed 3`d floor addition is compatible with the surrounding area, as the adjacent multi-family residential structures to the north are of comparable height with a residential parking lot further separating the two uses for a total separation of approximately 115 feet. In addition, the increased side setback in the R-O zoning district is not needed in this situation where the subject R- O zoning district is adjacent to an apartment complex. The increased side setback is intended to protect single-family residences from intrusive, non-residential uses and is therefore not applicable in this case. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: The setback requirements of the R-O zoning district are in place to protect adjacent single-family developments, as the R-O zoning district is typically utilized as a transition between intense commercial uses and single-family neighborhoods, which typically have smaller structures and lower building height that would be impacted by a taller commercial or office building with reduced setbacks and a height greater than 20 feet. Literal interpretations of zoning regulations allow for the continued use of the structure but does not allow for vertical expansion of the structure. The adjacent multiple-family residential development to the north, Park Apartments, is developed at a higher density than a single family neighborhood with 2-story apartment buildings (see images) and with a large parking lot, separating the residential dwellings from the north property line of the subject property by approximately 95 feet, for a total separation of approximately 115 feet between the Physician's Surgery Center and the residential structure (see attached aerial image). While the residential development to the north is not within the same district, it is adjacent to the subject property and contains residential buildings of a similar height. Furthermore, literal interpretation of the zoning regulations significantly limit the ability of the Physician's Surgery Center to continue to serve the health care needs of the surrounding community from its current location, forcing the medical service to abandon its existing site to develop another larger parcel at an alternative location within or outside of the city limits. Staff supports the applicant's variance and development requests, finding that the proposal is compatible with all adjacent developments and supports the City's August 4,2008 K:IRe orts120081BOA Re orts108-Au August 400A 08-3058(Physician's Sure Center.doc Board of Adjustment P P 8u ( hl' Surgery ) . BOA 08-3058 Physician's Surgery Center Agenda Item 3 Page 3 of 14 goal to allow for infill development and discourage sprawl whenever possible. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The needed variance is a result of the applicant's request to construct a 3rd floor to the 2-story structure. However, the special condition of the R-O zoning district being adjacent to a residential district is not a result of the applicant's actions. 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: The applicant will not be granted any special privileges other than a side setback variance to allow for an expansion of an existing medical facility, constructed in 1991. Staff finds that adequate separation exists between the subject property and the residential structures to the north, which are constructed at a comparable height to that proposed on the subject property. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: Existing nonconformities were not considered as a basis of the findings stated in this staff report. Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,August 4,2008. 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 August 4,2008 Board of Adjustment K.IReports120081BOA Reporls108-August 400A 08-3058(Physician's Surgery Center).doc BOA 08-3058 Physician's Surgery Center Agenda Item 3 Page 4 of 14 the land, building, or structure. Finding: The requested variance is the minimum variance necessary to allow for the construction of the 3rd story. Furthermore, staff finds that there is not an alternative location for the proposed expansion on the subject property that does not violate the additional height setback requirements of the R-O zoning district. 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: For the reasons stated on page 3 of this report, staff finds that granting the requested variance will be in harmony with the general purpose and intent of the R-O zoning regulations. Staff finds that granting the variance request will not be injurious to the neighborhood or otherwise detrimental to the public welfare because the encroachment is not significantly noticeable with a north side setback of 20 feet, the parking lot located between the proposed addition and the apartment buildings to the north, and the existing screening provided by the Park Apartments. The conditions of approval for the current conditional use and large scale development approval require that the applicant plant a continuous row of evergreen trees and shrubs at the north property line to further screen the use from the adjacent residential use, as required by Chapter 166.10 (Commercial Design Standards). 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 a condition for this request which is stated on page two 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 property shall be subject to all applicable bulk and area requirements. August 4,2008 K:IReports120081BOA Reports108-August 41BOA 08-3058(Physician's Surgery Board of Adjustment CenterJ.doc- BOA 08-3058 Physician's Surgery Center Agenda Item 3 Page 5 of 14 4� 2-story Physician's Surgery Center as approved by the Planning Commission and the location for the proposed P story addition. j is Multi-family structure directly north of the addition August 4,2008 Board of Adjustment BOA 08-3058 Physician's Surgery Center Agenda Item 3 Page 6 of 14. Y S �k '1 syr➢Y k \ v{ v pro. Separation between the property line for the subject property and the adjacent multi-family structure, which does not include the 20-foot north side setback proposed by the applicant. August 4,2008 Board of Adjustment BOA 08-3058 Physician's Surgery Center Agenda Item 3 Page 7 of 14 .� �_y. -: NX ��4 1 1 A ��� � ° (`,111'1111%� �. � � � � �}�Y ��. ,« a �"� Ck""� l�" �� A"L } t "S�� ��� U f - r .SvxG.S. 31 a€! tib■ `�.'�'„ I� �°�. "a 3 Y � aX r$fi£i w^fe�'L��{{.a C� � - dam_ �-'� k �h'M�'C� SA"� Y�1 I � .� �d �� � y'��''� Y�`�3 '�y�'a�' d '�.Cq`�<7 i —_ �� �` � yet+ _f'�.,y,�^`�,€�r� '",�.z�� — ! I II ry } K b y h Y �+ / ��. rat � � Y • ,y"`A"a--��1�9 ��� � � � ��� ���. � lLc-' — I . �— $ rr �' � ' � '� �I — f �/� 1� 'il 1 � � } � � ������� i��l�ll�����II������� _ _ -- �, r ` � ,: n ��, � �1 �A �. f � i�! :n�: m m Eos � � ` ^ I �o�aiiiiiia�� ©� � r� I�� �� L_ } 4 t� ��I �' �„ E #` a t `'1 k• �. ! :1. � ��'� a ,n`� �z a; - 0 3 „� ., �.,:,: y, �� --t « ubject d ropert August 4,2008 Board of Adjustment BOA 08-3058 Physician's SurgeryCenter Agenda Item 3 Page 9 of 14 �# g tiF j _l 1 1 � _ 1 y -1— � It l L+ 1 1 xqx - Kid ' lop Vol aF9t Fjlyt � � ,. � } 1 Ck LGJ 1,J W a rvz xe +- ro Q V X f r BO v;£ 1 is €3 I p Air; �i 0 icy 15� - i -- / t August 4,2008 Board of Adjustment BOA 08-3058 Physician's Surgery Center Agenda Item 3 Page 10 of 14 Aic C = � CEI Engineering Associates, Inc. 3317 SW"I"Street • P.O. Box 1408 • Bentonville,AR 72712-1408 • (479) 273-9472 • (479) 273-0844 July 14, 2008 City of Fayetteville 125 W. Mountain St. Fayetteville, AR 72701 (479) 575-8267 RE: Building Setback Variance Physicians Specialty Hospital CEI Project# 23586.0 Dear Mr. Chairman, On behalf of Physicians Surgery Center, CEI Engineering Associates, Inc. is requesting a variance for a reduced building setback to allow a 3rd floor addition to the existing Physicians Surgery Hospital. According to city code, the additional height will require a 1' setback for every 1' in height over 20'. The proposed addition will increase the setback along Parkshore Drive from 10' to 29', creating an encroachment of approximately 19'. A) Due to the width of the lot and proximity to other setbacks, shifting the addition to the left or right would impact other building setbacks. Other sections of land in the area are wide enough to allow a building of this proposed height to be in compliance. B) Other buildings, such as the Lindsey Apartments to the north, are allowed a height in excess of 20'. C) In order to have the 3rd floor addition occur on another part of the building, modifications to the existing structure would have to take place. This would not be economically feasible due to cost and impact to the existing hospital. D) The proposed height is only restricted by the building setbacks, not by zoning or land use proximity. Other buildings in the vicinity are allowed the opportunity to have a building of this height. Thank you for your consideration on this matter and please do not hesitate to contact us with questions or comments R e ectt Ily submitted, Jae man, R Pr ject Manager August 4,2008 Board of Adjustment BOA 08-3058 Physician's Surgery Center CALIFORNIA • ARIZONA • TEXAS • ARKANSAS • TENNESSEE • MINNESOTA • PENNSYLVANIA • GEORGIA .PENNSYLVANIA 3 �4 0 CEI Engineering Associates, Inc. 3317 SW"I"Street • P.O. Box 1408 • Bentonville,AR 72712-1408 • (479) 273-9472 • (479) 273-0844 July 14, 2008 City of Fayetteville Distribution: RER/File Planning Division 113 West Mountain Street Fayetteville, AR. 72701 RE: Physicians Surgery Center— Proposed Third Floor Addition CEI Project #23586.0 Variance for Building Setback Requirement At the request of our client, Physicians Surgery Hospital, we respectfully submit the proposed third floor addition to the City of Fayetteville for a building setback variance application review. The site is located North of Joyce Blvd. and West of N. Parkview Drive. The site physical address is 3873 N. Parkview Drive. The project is currently under construction for 2 stories building expansion on the north end of the existing building. The Large Scale Development permit has been obtained. We are planning on submitting an application for a major modification to LSD 07-2536 so a third floor could be added to the current north end building expansion. With the new total building height of 49 feet, we are unable to meet the building setback requirement of 39 feet from the North property line. The purpose of the third floor addition is to provide 19 more beds for in-patient use. Your consideration for an approval of the this building setback variance is greatly appreciated. Please let me know if we could provide you with any information to facilitate our application. Re t ect Ily, a� Ja e Wineman, RLA. Pr ject Manager Local Development/ Public Works August 4,2008 Board of Adjustment BOA 08-3058 Physician's Surgery Center CALIFORNIA • ARIZONA • TEXAS • ARKANSAS • TENNESSEE • MINNESOTA PENNSYLVANIA • GEORGIA • p>a 3 �a BOA08-3058 PHYSICIAN'S SURGERY CENTER Close Up View ii: Will ; I I1 SUBJECT PROPERTY I a� i PARKBNORE DR PA0.KSNORE DR �--Y�_�_pARK5H0RE DR_1 � I , I I t I I / alI ( 4 I - IYEL Q i � Y O O L ] TLE BLVD C BLVD OC � \h Overview e�r.�.... 0 75 150 300 450 600 Feet August 4,20 8 Board of Adjustor nt er Agenda Item 3 Page 13 of 14 BOA08-3058 PHYSICIAN'S SURGERY CENTER One Mile View p I til zi o m ml wl >W� LAKE FAYETTF,VILLE a p 4 u 0 �.,t 5• fig i m wYa SUBJECT PROPERTY � G � z 0 �61 q a l 11 —�-�' +F �i��sti t2*�'�• �Mei��''\a a`S'r`I�n9��+£',��'+'+a��"�a+�s�'s`"���, .., •�`-��} ����+h`�� .. 1'*"s+� Overview Legend Boundary _ Subject Property ------ „_;1 I �.,�Planning Area u BOA08-3058 moocp, o Overlay District Outside City Legend Hillside-Hilltop O erlay District 0 0.25 0.5 1 M les August 4,2008 ment BOA 08-3058 Physician's Surgery Center - Agenda Item 3 Page 14 of 14 7aye BOA Meeting of August 04, 2008 AA KANSA 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: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: July 28, 2008 BOA 08-3059 (SMITH/LAFAYETTE, 485): Submitted by TOM & DEBI SMITH for property located at 312 E. LAFAYETTE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.20 acres. The request is to modify previously approved side and rear setback variances to allow for a new detached garage. Planner: Jesse Fulcher BACKGROUND: Background.• The Board of Adjustment approved a similar request for a carport on May 06, 2002 (VAR 02-11 Crider) at the subject property. Specifically, a 7' side setback variance (east), and a 16' rear setback were granted to allow for the construction of an approxmiately 13' x 23' carport. The carport was to replace an existing nonconforming garage structure, which dated back to the 1930's. Since the date of approval, the existing garage has been removed and the property has been sold to the current applicants. Although the allowance of the variance from 2002 is still in effect, the new home owners propose to construct a garage structure. Due to the fact the the original variance was granted specifically for a carport and not a garage, staff has recommended that the Board of Adjustment review the new proposal. Property Description: The home, which was constructed in the 1930's, is located at 312 E. Lafayette Street, between Willow and Walnut Avenues. The property contains 0.20 acres and is zoned RSF-4. There is a shared driveway that provides access to the neighbors garage and the rear of the this property. Request: The applicant is requesting a 3' side setback (a 5' variance) and a 5' rear setback (a 15' variance)to allow for the construction of a detached garage. The variance request amounts are listed in Table 1. Table 1 (Variance Requests) Variance Issue Ordinance Requirement Applicant's Request Side Setback(East) 8' 3' (a 5' variance Rear Setback(North) 20' 5' (a 15' variance August 4,2008 Board of Adjustment BOA 08-3059 Smith/Lafayette Agenda Item 4 Page 1 of 16 Surrounding Zoning and Use: Direction from Site Land Use Zoning North, South, East, and West Single Family Residential RSF-4 Public Comment: Staff has received two letters of support from the property owners on the east and west sides of the subject property. RECOMMENDATION: Staff recommends approval of the requested rear and side setback variances with the following conditions of approval: 1. Any new development shall comply with all zoning development regulations including building setbacks, except those varied by the Board of Adjustment and/or shown on the attached site plan. 2. A building permit shall.be obtained prior to commencement of, any construction. All existing structures, easements and utilities shall be located on the site plan submitted for building permit consideration. 3. In no way shall the approved variance grant exceptions from the Building Code. Structures constructed near or on property lines often must comply with more stringent building codes, such as non- combustible materials, different fire ratings, etc. The applicant shall comply with these requirements or adjust the structure accordingly, at the time of building permit. 4. The height of the detached garage shall be limited to a footprint of 14' x 22' as indicated in the application. 5. With the addition of the new detached garage the site shall not exceed the maximum of 40% lot coverage, and the total square footage of accessory structures on the property shall not exceed 50% the square footage of the main residence. Additional Conditions/Comments: ,.ywx�r. � n x s4�i"f�i�' �' n lkluF�rryas✓J f� J^x �,, SFr �:,��& x3� e�. August 4,2008 K.IReports1200800A Repor1s108-August 41BOA 08-3059(Smith_3l2 Lajayette).doc Board of Adjustment BOA 08-3059 Smith/Lafayette Agenda Item 4 Page 2 of 16