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Home My WebLink About2011-05-02 - Agendas • Tae;ile 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, May 2, 2011 at 3:45 p.m. Room 111, City Administration Building The following items will be considered: 1. Approval of the minutes from the April 4, 2011 meeting. Old Business: 2. BOA 11-3798 (3311 North College Avenue/Lewis Brothers Automotive, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 3311 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.27 acres. The request is for a front building setback variance to allow construction of a canopy on the south side of the building. Planner: Dara Sanders 3. BOA 11-3795 (6855 West Wedington Drive/Lois Guist, 434): Submitted by LOIS GUIST for property located at 6855 WEST WEDINGTON DRIVE. The property is zoned R- A, RESIDENTIAL AGRICULTURAL and contains approximately 2.23 acres. The request is for a lot width and lot area variance to bring a recently installed mobile home into compliance. THIS ITEM IS REQUIRED TO BE TABLED Planner: Andrew Garner New Business: 4. BOA 11-3821 (420 East Lafayette/Mihalevich, 485): Submitted by KATIE MIHALEVICH for property located at 420 EAST LAFAYETTE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.16 acres. The request is for a variance of the rear and side setbacks to allow for the construction of a new carport and shed. Planner: Jesse Fulcher 5. BOA 11-3822 (237 South Ray Avenue/Pixley, 526): Submitted by BATES AND ASSOCIATES for property located at 237 SOUTH RAY AVENUE. The property is zoned R- PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 0.15 acres. The request is for a variance from the front and side setback requirements. Planner: Dara Sanders 6. BOA 11-3823 (362 North Fletcher/Ervin, 485): Submitted by JACK ERVIN for property located at 362 NORTH FLETCHER. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE and contains approximately 0.50 acres. The request is for a variance from the front (north) setback requirement to allow of the construction of a new 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 (Telecommunication Device for the Deaf) are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter,please call 479-575-8330. • Taye evl e ARKANSAS 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. 2011 Board of Adjustment Members Sheree Alt (Chairman) Robert Kohler Jeff Hagers Steven Bandy Evan Niehues Kristen Knight Page 1 of 8 MINUTES OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment was held on April 4, 2011 at 3:45 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: February 7, 2011 Approved Page 2 BOA 11-3796 (1849 South Garland, 599) Approved Page 3 BOA 10-3797 (112 South Hill Avenue, 522) Approved Page 4 BOA 10-3798 (3311 North College Avenue,213) Tabled Page 5 BOA 10-3795 (6855 West Wedington, 434) Tabled Page 7 Election of a Chair for the Board of Adjustment for 2011 MEMBERS PRESENT MEMBERS ABSENT Sheree Alt Steven Bandy Robert Kohler Kristen Knight Evan Niehues Jeff Hagers STAFF PRESENT STAFF ABSENT Jesse Fulcher Andrew Garner Data Sanders Jason Kelley Jeremy Pate Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM. May 2,2011 Board of Adjustment 4-4-11 Minutes Agenda Item 1 Page 1 of 8 Page 2 of 8 Approval of the minutes from the February 7, 2011 Board of Adjustment meeting. Motion• Commissioner Knight made a motion to approve the February 7, 2011 Meeting Minutes making a change to modify BOA 11-3760 to show that this item was approved. Commissioner Alt seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. May 2,2011 Board of Adjustment 4-4-11 Minutes Agenda Item 1 Page 2 of 8 Page 3 of 8 BOA 11-3796 (1849 South Garland Avenue/Curtis Skelton, 599): Submitted by CURTIS SKELTON for property located at 1849 SOUTH GARLAND AVENUE. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 4.38 acres. The request is for a variance from the front building setback to bring an existing nonconforming structure into compliance. Andrew Garner, Senior Planner, gave the staff report. Board Member Kohler stated that it was no fault of the applicant that this building is located in the setback. Morgan Hooker, applicant, discussed that he was available for questions. Board Member Kohler asked how much was the building encroaching into the right-of- way. Garner referred to the survey which indicated that the building encroaches into the right- of-way 4.1 feet. Board Member Knight asked if the variance would apply to a new building. Garner responded that, no, the variance approval was intended only to apply to the renovation of the existing building. Public Comment: Joe Robison asked about the reasons why this structure was nonconforming such as a new survey that is done differently. Garner responded that the adoption of the zoning code after the construction of this structure made the structure nonconforming. No more public comment was presented. Motion: Board Member Neihues made a motion to approve the request as recommended by staff. Board Member Knight seconded the motion with the change on condition #3 change the name from South Street to Garland Avenue. Upon roll call, the motion passed with a vote of 5-0-0. May 2,2011 Board of Adjustment 4-4-11 Minutes Agenda Item 1 Page 3 of 8 Page 4 of 8 BOA 11-3797 (112 South Hill Avenue/Hill Avenue Court, 522): Submitted by ROBERT SHARP ARCHITECT, INC. for property located at 112 SOUTH HILL AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 0.45 acres. The request is for a side building setback variance along the north side of the structure to bring an existing nonconforming structure into compliance and permit an expansion. Dara Sanders, Current Planner, gave the staff report. Rob Sharp, representative, discussed the site and the proposal. Public Comment: Joe Robison asked if the property lines were measured differently when Thomas Jefferson was surveying. Jason Kelly, Assistant City Attorney, discussed the history of surveying and advances in technology. No more public comment was presented. Motion: Board Member Alt made a motion to approve the request. Board Member Nieheus seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. May 2,2011 Board of Adjustment 4-4-11 Minutes Agenda Item 1 Page 4 of 8 Page 5 of 8 BOA 11-3798 (3311 North College Avenue/Lewis Brothers Automotive, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 3311 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.27 acres. The request is for a front building setback variance to allow construction of a canopy on the south side of the building. Dara Sanders, Current Planner, gave the staff report. Tommy Lewis, applicant, stated that Chrysler has required the canopy to continue the franchise at this location. Board Member Kohler asked the applicant's to speak to staffs findings. Bob Kelly, representative, stated that the owner doesn't want to remove the existing greenspace on the property. He thinks that the tree and canopy protect the view from the public right-of-way. Sanders clarified that staff did not recommend moving the existing greenspace but to extend it to the west to remove the six parking spaces, which would result in a setback reduction to 25 feet from the public right-of-way. The applicants and the Board Members discussed the proposal and potentially removing the existing greenspace. Board Member Kohler stated that he supported the applicant's request. Public Comment: Jim Guist stated that the Lewis family is some of the nicest people in the town, so their request should be approved. No more public comment was received. The applicants and the Board Members discussed impervious surface on the site. Board Member Hagers and the applicants discussed parking on the site. Board Member Kohler discussed the request again, stating that the applicant deserves parking spaces. Board Member Knight asked the applicant to describe the hardship to be considered, as it was not addressed in the letter submitted. The applicants discussed the literal interpretation of greenspace. Board Members and the applicants discussed the right-of-way on Longview. May 2,2011 Board of Adjustment 4-4-11 Minutes Agenda Item 1 Page 5 of 8 Page 6 of 8 Board Member Niehues stated that he would prefer to table the request to allow the applicant to provide staff with additional information. Kelly discussed the legal findings that must be made when considering a variance application, which do not include a person's character. Motion: Board Member Alt made a motion to table the request until the May 2, 2011 meeting. Board Member Hagers seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. May 2,2011 Board of Adjustment 4-4-11 Minutes Agenda Item 1 Page 6 of 8 Page 7 of 8 BOA 11-3795 (6855 West Wedington Drive/Lois Guist, 434): Submitted by LOIS GUIST for property located at 6855 WEST WEDINGTON DRIVE. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 2.23 acres. The request is for a lot width and lot area variance to bring a recently installed mobile home into compliance. Andrew Garner, Senior Planner, discussed that this item is required to be tabled because of some recent information that was presented to staff a few days before the meeting indicating that the Board is not able to approve the request. He recommended that because this item was advertised as being on this agenda that the Board allow public comment. Public Comment: Jim Guist, applicant, discussed the background for the installation of a trailer on their property. Bill Creider (sp?), an adjacent property owner, stated that the trailer is already there and set up. Public comment was closed. Motion: Board Member Alt made a motion to table the request until the May 2, 2011 meeting. Board Member Knight seconded the motion. Upon roll call, the motion passed with a vote of 5-0-0. May 2,2011 Board of Adjustment 4-4-11 Minutes Agenda Item 1 Page 7 of 8 Board of Adjustment Meeting April 4, 2011 Page 8 of 8 The Board elected Sheree Alt as Chair of the Board of Adjustment for 2011. There being no further business, the meeting was adjourned at 5:00 PM. May 2,2011 Board of Adjustment 4-4-11 Minutes Agenda Item 1 Page 8 of 8 O Taye rvl e BOA Meeting of May 2, 2011 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 25 W. Mountain Fayetteville,AR 7270101 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: April 27, 2011 BOA 11-3798 (3311 North College Avenue/Lewis Brothers Automotive, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 3311 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.27 acres. The request is for a front building setback variance to allow construction of a canopy on the south side of the building. Planner: Dara Sanders BACKGROUND: Property Description and Background: The subject property is located at the northwest corner of North College Avenue and Longview Street. The site is zoned C-2, Thoroughfare Commercial acre and is developed for the Lewis Chrysler Jeep Dodge dealership, which is part of the surrounding Lewis Brothers car dealership that includes approximately 14 acres and a total of four structures and associated parking. This request was heard at the Board of Adjustment meeting on April 4, 2011, at which time Planning staff recommended denial of the request, and tabled to the May 2nd meeting to allow the applicant time to provide information to justify the request. The applicant has provided an updated letter, outlining some of the property's constraints associated with parking and the use of the structure. The surrounding land uses and zoning are shown in Table 1. Table 1: Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Vacant car lot(formerly Mercedis C-2, Thoroughfare Commercial South Commercial and Residential C-2, Thoroughfare Commercial East Eating lace, retail, medical offices C-2, Thoroughfare Commercial West Vacant C-2, Thoroughfare Commercial Request: The applicant requests Board of Adjustment approval of a variance from the front setback requirement of 50 feet to allow for a canopy to be constructed on the south side of the existing building, approximately 41 feet (a variance of nine feet) from the Master Street Plan right-of-way line. Public Comment: Staff has not received public comment. May 2,2011 Board of Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 1 of 18 RECOMMENDATION: Based on the findings included herein, staff recommends denial of BOA 11-3798. BOARD OF ADJUSTMENT ACTION: ` 0 Approved 0 Denied 0 Tabled' Date: May 2. 2011 Motion: Second: Vote: CITY PLAN 2025 FUTURE LAND USE 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 applicant proposes to construct a canopy for customer vehicle drop-off on the south side of the Chrysler Dodge Jeep building on the subject property. This structure was constructed in 1989, according to Washington County property records, and is located approximately 55 feet from the Master Street Plan right-of-way line on Longview Street. The subject property is located at the northwest corner of Longview Street and College Avenue intersection and is subject to two front setback requirements of 50 feet, while other properties in the C-2 district may only be subject to one front setback of 50 feet. However, the condition of two street frontages would not prohibit the applicant from constructing a canopy in accordance with the underlying setback regulations. The Unified Development Code permits a front setback reduction to 25 feet from the Master Street Plan right-of-way line when parking is not located between the building and the street. The applicant proposes to remove several parking spaces adjacent to the south side of an existing structure in order to construct the canopy and could replace the remaining five parking spaces located adjacent to Longview Street (as identified on the attached aerial) with green May 2,2011 Board of Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 2 of 18 space to be eligible for the reduced setback of 25 feet and to increase the green space on this significantly paved site. As indicated in the attached aerial image, the site contains a significant area of underutilized paved surface to offset the loss of the five additional parking spaces. Additionally, based on the floor plan submitted, it appears that the canopy could be provide on the north side of the building with a modification to the interior circulation, on the east side of the building at the primary sales entrance, or on the south side of the building between the sales area and the existing green space adjacent to Longview Drive. Therefore, special conditions do not exist that are peculiar to the site that would prevent the property owner from meeting the front setback requirements of the underlying C-2 zoning district. 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: Staff does not find that literal interpretation of the C-2 zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district. The applicant could slightly modify the immediate area around the proposed canopy location to comply with the current zoning and development regulations or construct the canopy in an alternative location on the south, east, or north elevations. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The existing structure is compliant with the C-2 regulations. Special conditions requiring the variance are a result of the applicant's proposal, and the applicant has created a self-imposed hardship, as it is possible for a canopy addition to comply with the zoning and development regulations. This improvement, as well as others that have been submitted as required from Daimler Chrysler to obtain franchise rights in the present location, must meet local municipal ordinances. Staff has worked with other car dealerships and restaurants franchises facing similar requirements and always found a solution to meet the branding/servicing expectations of the parent company, as well as the local ordinances to which everyone is consistently held. 4. No Special Privileges. That granting the variance requested will not May 2,2011 Board of Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 3 of 18 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: Other properties in the same district are required to meet the front setback regulations and conditions of the City's zoning and development regulations. This property can meet the setback regulations by constructing the covered area in an alternative location to that proposed; therefore, granting the variance to allow for the canopy addition as proposed by the applicant will confer on this applicant the special privilege of encroaching into the setback. 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, May 2, 2011. 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: Staff finds that the requested variance is not the minimum variance needed in order for the applicant to construct the canopy, as it is possible for the structure to meet the building setbacks on the south, east, and north sides of the building. 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 May 2,2011 Board of Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 4 of 18 otherwise detrimental to the public welfare. Finding: Staff finds that granting the variance would not be in harmony with the City's regulations for development in the C-2 zoning district, as this district is designed to separate development from the public right- of-way. However, staff finds that granting the variance would likely not be injurious to the neighborhood or 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. Finding: Staff recommends denial, finding no hardship. 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: N/A May 2,2011 Board of Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 5 of 18 A_ SMs I ill HidA � F`.� do xS ivy-+� NI '_ -�:v. .:3 ¥ : # I`3y,it r 11 M cv a 5 4w 1 r , C mi in { � I .41 O v F'.wig ja&4 �`^ uf IF '11 . N, _ 1.11 I ml, 'L' W MA I m .1 I I .1. I I . — �- , _ a� �I 1._ N: R a t1. �„ 1....L — F I 'L L -LI'L'I.. L'L I L .1. L' d ji�L, � �Nn d munimpshumn ,, d I-A " a em,r o e ,l. ,L j _ � _ � c _ �� III , �� - as 7 1,11 , � U .L a min +n �� 3 S "n MEv I.mom . didji�p eLLTH:L O Him kWIFF m` 'FF L ' j F �� x� Ap in g 3 f�HIT -inpTirIF—iju,mini �' L_HIT v m . in �-" FILL did, N N.d. � AMmim S k J I— *in 'IN I. , _ � Nil --- �` k �. A � + _k INN,- MM fam��i, :i. t f MmIx hd I n - f ' ',. k14T#=3 .i tive 1. 1. 1. r1. gena em Page 6 of 18 PAR . . . . . . . . . . . . . . . . . . . 765-15 �- PARCEL LINE �EXISTINJBUILDING- PARCEL# PARCEL# 765-15)52-000 ]65-15]62-000 DGE OF EX.BUILDING ARCEL LINE I ' ROPOSED ADDITION EXISTING PARKING LOT (ASPHALT) A 29.5'R/W L- -- AS PER MASTER 222yyy EDGE OF ASPHALT STREETLLAN -- -- EX.CURB - EX.2 'RIW ��{{p.. � P4E LONGVIEW Ell ORIGINAL BOWDARY L (COLLECTOR) .______________ ____________ EX,2 'RIW PARCEL# PARCEL# )65-15]65-000 965-15168-000 I ________________EX.CURL May 2,2011 Board of Adjustment - 98 Lewis Automotive Agenda Item 2 Page 7 of 18 April 21, 2011 Please find below Lewis Brothers Leasings'justifications for request of approval of BOA 11-3798. 1. Special Conditions. That special conditions and circumstances exist when are peculiar to the land, structure, or building involved and which are not applicable to the other lands, structures or buildings in the same district. The building cannot be re-modeled to accommodate the service department and canopy on the north side of the building. Removing the five parking spaces to the south of the proposed canopy (adjacent to Longview Street)to reduce the set back to 25 feet, in addition to the six lost to the canopy location, will significantly reduce the parking spaces. Per the attached calculations, the dealership is required by the City of Fayetteville's parking code to have 261 parking spaces; the dealership currently has 105 parking spaces. The current parking situation at the dealership is not good; this will only compound the problem. Removing the five spaces along Longview Street will require all the lost ADA spaces be placed on the East side of the retail building. This will require that the drive lane be reworked to accommodate perpendicular parking. Current parking is diagonal. The resulting re-design will result in a loss of retail space, leaving a total of 10 spaces adjacent to the retail building and require that all those service clients using the ADA spaces to walk through the showroom to get to the service department. It is not feasible to locate the ADA parking on the north side of the retail building for the following reasons: • There is not enough space between the property line and building to have perpendicular parking for retail and parking. • Those service clients using ADA parking spaces will have to travel through the entire length of the showroom to get to the service department which is significantly further than a client using a standard parking space. There is no access to the service department from the walk door on the northeast corner of the service garage. Life safety concerns do not allow customers access to the service garage. It is not feasible to locate the ADA parking on the south side of the service garage as this location would require that the service clients would be a walking across a busy service access door It is not feasible to locate the ADA parking on the southeast corner of the retail building as there isn't enough distance between the green space and the building for a drive lane and perpendicular parking. Typically, when a service client leaves their vehicle overnight for service th%gyr 2011 followed in by a second vehicle to take them home and another vehicle to briag gwgmdjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 8 of 18 back. The size of the canopy is such that only one vehicle can park under the roof; a waiting vehicle cannot wait behind(to the west) the canopy as it would block the service garage entrance and cannot park in front of the canopy(to the east) as the air conditioning units block the parking area. 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. The other dealerships in the area all have covered drop areas at their service departments. By removing the 5 parking spaces along Longview Street the dealership will not only have significantly less parking spaces than are required by code but also compound the current problems associated with a challenging parking environment. The other dealerships don't have that problem. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. This is not a self imposed hardship as the addition of a canopy is a requirement of Chrysler in keeping the dealership at its current location. (see attached letter from Chrysler) Removing the parking spaces will result in further non compliance with the parking required by code (see attachment). 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Allowing the dealership to erect the canopy and keep the parking spaces along Longview Street will not confer any special privileges; rather it would keep the dealership closer to compliance with the parking requirements of the Uniform Development Code. 5. Nonconforming Uses.No nonconforming use of the neighbors 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. May 2,2011 Board of Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 9 of 18 N/A 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. 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. We believe that the reasons presented justify the granting of a variance. We request the minimum variance required to erect the proposed canopy. 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. Our understanding of the intent (Harmony with General Purpose) of the set back reduction with adjacent green space is to soften the view of the building from the street. The dealership has two front streets by definition but North College is the true front street. The sight line looking northwest from North College puts the existing tree and green space in the sight line and shrouds the proposed structure extremely well. We would suggest that 99% of all vehicular traffic that passes the dealership travels along North College. c. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. We would honor any appropriate conditions and safeguards the Board of Adjustment prescribes in the granting of a variance. 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. May 2,2011 Board of Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 10 of 18 Requirements to acquire Jeep Franchises in Fayetteville,AR (Lewis C- D Inc) The plans and specifications must include, but are not limited to,the following: • At least one single exterior arch per the dimension and material guidelines as furnished by CM • .Street front service entrance ` • Branded customer lounge d • Branded enclosed service drive • Showroom branding equal to 33% of the total showroom square footage • Reception Desk • Children's Play Area • Refreshment Area • Mopar accessory display and/or Mopar aceessorized vehicles • P2100 corporate dealer identity • Exterior directional signage • Service Menu board and brochures Where applicable,DEALER shall comply with the dimension and material guidelines and interior branding requirements provided by CM, • The exclusive Facility must meet CM's facility guidelines for the assigned Planning Potential C P.P."), as they exist on the date the DEALER submits the plans and the specifications. The square foot requirements for the Exclusive Facility are: o Overall land area: 3,1 Acres o Total Building;20,726 Square Feet o New vehicle showroom: 5,580 Square Feet (including space to accommodate 6 vehicles , a sales area and customer core area) o Parts department: 4,554 o Service department:6,979 (including 9 service stalls) DEALER will not protest or challenge the establishment and/or relocation of the Chrysler and Dodge dealer for a period beginning on the effective date of this Agreement and ending Five(5)years from the effective date of this Agreement. Upon execution of the Sales and Service Agreement,DEALER will execute a document acknowledging the foregoing. o Dealer shall enter into an acceptable site control option agreement with Chrysler Realty Company LLC. o Dealer shall provide Exclusive Facilities for Chrysler,]eep and Dodge. May 2,2011 Board of Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 11 of 18 AGN LE iE TS :hrysler Group's facility capacity guide for ry Arch & Fascia - Millennium Entry Arch s, proportions, materials and finishes per 1-7 _ _; 16 of street front service entrance setback no MH F tea— . ; Millennium arch with directional Identity, Materials and Finishes - Fascia service signage, pylon or monument sign, – Materials and Finishes per Chrysler L_--- ishes - Interior Materials and Finishes per � — ar Brand Separation - Four branded tinction on the showroom, and functioning --, n 17 d customer lounge with view of Children's /or Service bay area. �IIed to the customer sales and service t>w and absorb sound. Welcome Area - Branded reception desk ince. m` reshment area with seating and I }— _ �Grer Service Drive - Branded covered a E-----i= f=I— `cessory display and/or Mopar (, the showroom. E IGS LEMENT i i i SBC) 1 ... ...... .. . .... _. May 2,2011 ' Board of Adjustment BOA11-3798 Lewis AuloYnotive Agenda Item 2 q—th mhur 1 n 9n1n Page 12 of 18 DaimlerChrysler Branded Facility Guide M y NeiYffiLEta �. e i r�The goal of the DaimlerChrysler Branded Facility is to create a unique expression and a consistent image for all DaimlerChrysler Dealerships.Today is the day for you to make a commitment regarding your facility.Your dealership is a first impresion that will entice a customer to drive in or.. drive by. With fantastic new product arriving daily and cutting edge vehicles around the corner, your facility needs to send the correct message. If you are ready to start down the path to building a new facility or completing a major renovation, please feel free to contact the Dealer Network Development Manager in your Business Center: Mid-Atlantic Business Center: 410-567-1811 Southeast Business Center : 4O7-826-7012 Northeast Business Center: 845-578-2157 West Business Center: 949-450-5180 Great Lakes Business Center :248-838-4280 Denver Business Center : 3O3-793-8331 Southwest Business Center :469-374-4050 Mid-West Business Center : 630-724-2329 May 2,2011 Board of Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 13 of 18 d3All393tl S1HF)ie ll7'ONI'SAD3I.INOtlV 3tlOB l I0L 'I U ti Q } F LL! `-. dy Y{ 1 1,� Er N pp r' ri �l _ K ;L:4 r �s4 Cf) LU IN, Eli IN ff: CD gg �� cc � '- m �LL tom, ¢� t 1 9U LL g 4Lfl _ N y (t3 c CD a'i N o'js rx f (So 8'4 Y9�F73y�Rt L't ]] Q }66¢Q ` '� !�'tr _ LIAR 2011 1 .1, $ -r' ' r of Adjustment - '`, BOA11-3798 Lewis Automotive Agenda Item 2 - -- -- _ - - Page 14 of 18 aenaasaa siauia��v�w'sio3illx�av aaoo fi ioz s� N _ - WvB�ki�t � O{UNIS;,KN1l� ; Ck cc CL E= tv- Is �. R . O I LL N LU �• ' Esq. W fC � v1 MW 3 �n W ! O o ❑ S2 O_ g� x� U tow O Z " LigIn W LU .C7 ¢ i t wd f. Cc CL t` of 0 h- fi � _— �'• Ay L-U 'd 2011 --90 Aof Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 15 of 18 ❑3&83SRH SIH')18 IIV'ONI'S1OKIHO8tl 3800"0 teats W t'Iaa na r - iJ - CL a I f® CL ,.a *Nkvl�L Ct +Ifw�# r W !h IL ,�, r, y , I• - ��yr r n ` , tia . rs fTdo l'M r ' I w ,W lrn lCKI 0 D IJb� • • ALS W > k1 ? e _ WeT 2011 -fooI4of Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 - Page 16 of 18 BOA11-3798 LEWIS AUTOMOTIVE Close Up View I� 1 � �- MASONIC OR P-0 _ \ SUBJECT PROPERTY ALICE ST \\ C-2 1 l 1 F KENRAY ST - ptMs*\r w �a Ig 6ERTHABT w , 'z a w Q w 21 Legend r - BOAt*1-3798 ......•••••• Muti-Use Trail{ R0 ..,,^^. Future Trails Worn010 - Hillside-Hilltop Ov, rlay District Design Overlay Di Arict Design Overlay Di trict ------ Planning Area 0 125 250 Soo 750 1.000 Fayetteville ee May 2,2011 boara ot Adustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 17 of 18 BOA11-3798 LEWIS AUTOMOTIVE One Mile View 4 1 SHEPHERD MM Q fRCLED I '• ° ran. ¢- r_ 'j'•. � " ONNE DR sao ':.} J•.a� _ M1 J � RerM ' MARVDR ' w1 1�•i,. J Ro R9 I YV r • � Gr i r CIR �r SUBJECT PROPERTY - NIC OR BROOKHAVEN D E Wet=ST LAINE Rav E R _- ..e RTHA �R�BB[EE1gg,{ag .•r-I i�\ _ lar-4f19Fr d PFW j RAFT PBF! HAROLD STZ W4 ` - f ; BRIARCLIFF STAr1�1....•• 7 R"D OOR71.ANb BT 1 •...Rar aeRr nscr FURMANST w± L At I ,[ ' BpRaw pAKCLIFFST R6FrRaw Wy r `• DFqR-0 RBFr v R $ (Existing II' a Y R9 W $ e Tr. AMM OR + MADRI ,.rte a Ro D ST _ """" MU Trail�XlSting]pa�. ""i.i• cr WIBRrwNF.aa_G ••°•�•A•• Futu f31IS �j+lYT''+"�' Overview Legend BO 11-3798 Subject Properly RDntt-ansa I Desi n Overlay District �. r ® t_.._ s � ! Boundary Plan iing Area FayE tteville :Llyl.l i"" 0 0.25 0.5 1 4es Board of Adjustment BOA11-3798 Lewis Automotive Agenda Item 2 Page 18 of 18