HomeMy WebLinkAbout207-06 RESOLUTIONRESOLUTION NO. 207-06
A RESOLUTION APPROVING A VARIANCE OF THE UNIFIED
DEVELOPMENT CODE CHAPTER 164.12(F) NONCONFORMING
USES AND STRUCTURES, REPAIRS AND MAINTENANCE, AND
CHAPTER 166.18 MASTER STREET PLAN SETBACKS, ALLOWING
THE EXISTING STRUCTURE LOCATED AT 1305 GARLAND
AVENUE TO REMAIN WITHIN THE MASTER STREET PLAN
RIGHT-OF-WAY AND TO BE IMPROVED GREATER THAN THE
10% ALLOWED BY CODE, WITHIN THE EXISTING LIMITS OF
THE STRUCTURE
WHEREAS, numerous existing structures are within the required Master Street Plan right-of-
way for Garland Avenue in this vicinity, including an existing structure on the subject property that would
have to be removed for redevelopment if required to comply with the current Master Street Plan; and
WHEREAS, the required 55 feet from centerline Master Street Plan right-of-way for this portion
of Garland Avenue, a Principal Arterial bisects the existing structure; and
WHEREAS, existing nonconforming structures may not be improved or repaired to any extent
exceeding 10% of the current replacement cost of the non -conforming structure in any period of 12
consecutive months; and
WHEREAS, the City Council encourages improvement and renovation of properties along
Garland Avenue; and
WHEREAS, the applicant and property owner wishes to improve the structure at 1305 Garland
Avenue to provide a commercial service to the area.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a variance
of Chapter 164.12(F) of the Unified Development Code, permitting the structure to be improved as
needed so long as the cubic content or original footprint of the building is not expanded.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approve a variance
of Chapter 166.18 Master Street Plan setbacks, permitting the existing structure to remain in its current
location as depicted on Exhibit "A", provided that said approval in no way prohibits the City from
obtaining right-of-way pursuant to the Master Street Plan in the future for widening of adjacent streets.
PASSED and APPROVED this 5th day of December, 2006.
APPROVED:
ATTEST:
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SONDRA SMITH, City Clerk
Jeremy Pate
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
5 -Dec -06
City Council Meeting Date
Planning
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Division Department
Action Required:
ADM 06-2354: (Garland Avenue ROW Dedication Variance) Submitted by Tony Catroppa for property located at 1305
Garland Avenue requesting a variance of the Master Street Plan right-of-way for Garland Avenue in the manner indicated to
allow the existing building footprint to remain within the Master Street Plan right-of-way and be improved.
$0.00
Cost of this request
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Budgeted Item
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Category/Project Budget
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Funds Used to Date
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Remaining Balance
Budget Adjustment Attached
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Program / Project Category Name
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ep rtment D ector Date
City Attorney W
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Finance and Internal Service Director Date
Mayor
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Previous Ordinance or Resolution #
Original Contract Date:
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Received in City t erk's 0 ce
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Comments:
City Council Meeting of December 5, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: November 16, 2006
Subject: Right-of-way Dedication variance at 1305 Garland Avenue (ADM 06-2354)
RECOMMENDATION
Planning Staff recommends approval of a resolution allowing a variance of the Master Street Plan
right-of-way for Garland Avenue in the manner indicated to allow the existing building footprint
to remain in the Master Street Plan right-of-way and be improved. Staff recommends that the
improvements not expand the cubic content or original footprint of the building. However, a
canopy overhang and pedestrian pick-up window on the north side of the building shall be
permitted pursuant to the Board of Adjustment approvals as long as parking spaces along the
northern side of the structure are not removed.
BACKGROUND
The applicant proposes to remodel the existing structure at 1305 Garland Avenue to utilize it for
restaurant/coffee bar use. As part of the remodeling the applicant initially proposed to construct a.
4' x 4' drive-thru on the north side of the structure, which was within the building setback;' but
not within the Master Street Plan right-of-way.
The Board of Adjustment on Monday, November 06, 2006 voted to approve a proposal for a
O'front building setback off of Garland Avenue and Mount Comfort Road, to allow the existing
structure to remain within the existing building setbacks. Additionally, the Board of Adjustment
granted approval for a 4'x4' canopy to be installed on the north side of the structure to allow for a
pedestrian pick-up window; however, it denied the initial request, which was to construct a 4'x4'
expansion of the building to accommodate a drive-thru window within the building setback. In
addition to Board of Adjustment consideration, a variance of the Master Street Plan right-of-way
is required to be approved by the Fayetteville City Council in order to permit the nonconforming
structure that is located•within the Master Street Plan right-of-way to be improved more than 10%
of its current replacement cost. The Planning Commission recommended approval of the request
8-0-0 on November 13, 2006.
BUDGET IMPACT
None.
RESOLUTION NO.
A RESOLUTION APPROVING A VARIANCE OF THE UNIFIED DEVELOPMENT CODE
CHAPTER 164.12(F) NONCONFORMING USES AND STRUCTURES, REPAIRS AND
MAINTENANCE, AND CHAPTER 166.18 MASTER STREET PLAN SETBACKS,
ALLOWING THE EXISTING STRUCTURE LOCATED AT 1305 GARLAND AVENUE TO
REMAIN WITHIN THE MASTER STREET PLAN RIGHT-OF-WAY AND TO BE
IMPROVED GREATER THAN THE 10% ALLOWED BY CODE, WITHIN THE EXISTING
LIMITS OF THE STRUCTURE
WHEREAS, numerous existing structures are within the required Master Street Plan right-of-
way for Garland Avenue in this vicinity, including an existing structure on the subject property
that would have to be removed for redevelopment if required to comply with the current Master
Street Plan;
WHEREAS, the required 55 feet from centerline Master Street Plan right-of-way for this portion
of Garland Avenue, a Principal Arterial bisects the existing structure;
WHEREAS, existing nonconforming structures may not be improved or repaired to any extent
exceeding 10% of the current replacement cost of the non -conforming structure in any period of
12 consecutive months;
WHEREAS, the City Council encourages improvement and renovation of properties along
Garland Avenue;
WHEREAS, the applicant and property owner wishes to improve the structure at 1305 Garland
Avenue to provide a commercial service to the area
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a
variance of Chapter 164.12(F) of the Unified Development Code, permitting the structure to be
improved as needed so long as the cubic content or original footprint of the building is not
expanded.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approve a
variance of Chapter 1.66.18 Master Street Plan setbacks, permitting the existing structure to
remain in its current location as depicted on Exhibit "A", provided that said approval in no way
prohibits the City from obtaining right-of-way pursuant to the Master Street Plan in the future for
widening of adjacent streets.
Ta?ettnie
THE CITY OF FAYETTEVI'LLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of November 13, 2006
TO: Fayetteville Planning Commission
FROM: Andrew Gamer, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: Noypmbp_ A2, 2006 Updated November 14, 2006
125 W. Mountain St.
Fayetteville Alt 72701
Telephone: (479) 575-8267
ADM 06-2354: (Garland Avenue ROW Dedication Variance) Submitted by Tony Catroppa for
property located at 1305 Garland Avenue requesting a variance of the Master Street Plan right-of-
way for Garland Avenue in the manner indicated to allow the existing building footprint to remain
and be improved within the Master Street Plan right-of-way.
Property Owner: Tony Catroppa
Planner: Andrew Garner
BACKGROUND:
Property and Setting: The property is located at 1305 Garland Avenue, near the intersection of
Mount Comfort Road and Garland Avenue The structure (approximately 1,952 square feet) on the
property formerly housed a beauty parlor/barber shop, according to information provided by the
applicant. Lucky Luke's Barbeque and Tony C's Bar and Grill are also located on this parcel
immediately south and north of the subject building. The property has a total of 34 parking spaces
available on the property outside of existing, platted street right-of-way. The applicant indicates a
total of 50 parking spaces are available; however, parking spaces that utilize existing platted right-of-
way do not count toward provided off-site parking. A 2006 aerial photo with parking spaces labeled
is provided in the Planning Commission packets. The property is split -zoned, C-1, Neighborhood
Commercial and R -O, Residential Office. The applicant has submitted application to the City of
Fayetteville to allow for a change of use on the property to an eating establishment, Use Unit 13.
Surrounding land use and zoning is depicted in Table 1.
Table 1
This property was developed prior to the establishment of current zoning regulations and the Master
K: IReports120061PC Repons111-13-061ADd706-2354 (MSP Variance of Garland Avenue).doc
Direction from Site
Land Use
Zoning
North
Single-family residential; Office
R -O; C-1
South
Harp's
Grocery
C-2
East
Mixed
commercial and multi -family residential
RMF -24; R -O; C-2
West
Single Family Residences
RMF -24
This property was developed prior to the establishment of current zoning regulations and the Master
K: IReports120061PC Repons111-13-061ADd706-2354 (MSP Variance of Garland Avenue).doc
•
Street Plan right-of-way designation in the City of Fayetteville. Therefore, the subject structure is
located well within the Master Street Plan right-of-way for Garland Avenue, based on aerial images
and the City's right-of-way data. Additionally, the structure that comprises 1305 N. Garland is
located within the front building setbacks off of Garland Avenue and Mount Comfort Road.
The Master Street Plan in its entirety was adopted in 1996 and revised in 2001, after several public
meetings to discuss future collector and arterial connections. The existing structures on this
property, along with many older buildings along Garland Avenue, encroach partially or totally into
the Master Street Plan right-of-way, which currently requires a total of 110 feet. Garland Avenue is
a Principal Arterial and has been included in the City's Bond Program Street Projects for widening in
Phase I of the improvements. The Arkansas State Highway Department will be constructing the
improvements as Garland Avenue (Hwy 112) is a State Highway in this location. The anticipated
start date for construction for the widening is around 2010. With the widening of Garland adjacent
to the subject property's eastern boundary, approximately 13 existing parking spaces on the property
adjacent to Garland Avenue and within the Master Street Plan right-of-way will likely be eliminated.
These parking spaces as configured currently encroach into the existing right-of-way and require
vehicles to back out onto Garland Avenue (Hwy 112), a violation of Ch. 172.04 of the Unified
Development Code.
Proposal.: The applicant proposes to remodel the existing structure to utilize it for restaurant/coffee
bar use. As part of the remodeling the applicant initially proposed to construct a 4' x 4' drive-thru on
the north side of the structure, which was within the building setback, but not within the Master
Street Plan right-of-way.
The Board of Adjustment on Monday, November 06, 2006 voted to approve a proposal for a O'front
building setback off of Garland Avenue and Mount Comfort Road, to allow the existing structure to
remain. Additionally, the Board of Adjustment granted approval for a 4'x4' canopy to be installed on
the north side of the structure to allow for a pedestrian pick-up window; however, it denied the initial
request, which was to construct a 4'x4' expansion of the building to accommodate a drive-thru
window within the building setback. In addition to Board of Adjustment consideration, a variance of
the Master Street Plan right-of-way is required to be approved by the Fayetteville City Council in
order to permit the nonconforming structure that is located within the Master Street Plan right-of-
way to be improved more than 10% of its current replacement cost. The following ordinance sections
apply:
164.12 Nonconforming Uses And Structures
(F) Repairs and maintenance.
(1) On any nonconforming structure or portion of a structure containing a nonconforming use,
ywat Csy71bedo in any period of 12 consecutive months on ordinary repairs, or on repair or
rrelacement of nonbearingwalls, fixtures wiring, or plumbing, to to antxteptnotex eedrarin
g> P g F.. __ ..g
00/& ofithe current, replacement cost:.of ti hcinonconformmi g t uuctu e, or nonconforming
portion of the structure as the case may be, provided that the cubic content existing when it
became nonconforming shall not be increased.
K:IReports12006 PC Reparal! 1-13-06140A(06-2354 (ACP Variance of Garland Avenue).doc
166 18 Master Street Plan Setbacks
it,Aeic�ty sh 1 equi Yh ae pplic ri /dewel'ope to establish a iightof2 §etback iria ba''""sed:athe
hia.-i h't wrenients or in¢treets?andtihigw de ignatedib ,th Master Stree Plan! Such
setback line shall be considered the property line for such purpose of satisfying the requirements of
the UDO. All building setbacks, required landscaping, parking Tots, display areas, storage areas and
other improvements and uses shall be located outside of such established setback area. The required
width of setbacks, landscaped areas, buffers, and all other setback requirements shall be dimensioned
from the established right-of-way setback line. The establishment of any new structure or other
inprovenmeiits withiirthe nght=of aq etback�`is n oh1bIitee&
Request: The request is to recognize the existing nonconforming structure within the Master Street
Plan right-of-way, and to allow for improvements to an extent of more than 10% of the replacement
cost of the nonconforming structure This is a variance of Unified Development Code Chapter
166.18 Master Street Plan setbacks and Ch. 164.12 F.2, Repairs and maintenance [on nonconforming
structures], which requires all structures and improvements to be located outside the line established
by the Master Street Plan right-of-way. Should the City Council choose to approve this request, it
does not prohibit the City (or State) from obtaining right-of-way in the future for widening of
adjacent streets. Neither the Planning Commission nor the City Council may consider the decision
made by the Board of Adjustment.to deny the building setback variance.
RECOMMENDATION:.
Planning staff recommends approval of the variances from Ch. 164.12 F.2 and 166.18, allowing the
existing structure to remain and be improved to an extent more than 10% of the replacement cost of
the existing nonconforming structure. Exact improvement numbers have not been provided; however
it is anticipated that the cost to remodel the structure from its former use as a florist to a
restaurant/coffee bar will easily exceed 10% of the replacement cost of the existing structure. While
improvements are planned along Hwy 112 in the future, and are identified in concept with approved
City bond program and AHTD plans, no specifics have been identified that cause Planning staff to
not support this proposal for improvements to the existing building. No improvements to expand the
cubic content or original footprint of the building shall be allowed to occur, pursuant to existing city
ordinance. ..
Staff found in favor of a building setback variance for a canopy overhang and pedestrian pick-up
window on the north side of the building without the removal of parking spaces along the northern
side of the structure, with which the Board of Adjustment recently agreed and approved.
The City Council must also review and approve this right-of-way variance, and will take both staff's
and the Planning Commission's comments as part of their review.
K:IRepors12006V'C Reporlsl l I-13-06WDM06-2354 (MSI' Variance of Garland Avenue).doc
PLANNING COMMISSION ACTION: Required
X Forwarded to City Council for Approval
Motion: Myres
Second: Ostner
Vote: 8-0-0 (on consent agenda)
Date: November 13, 2006
YES
Tabled
K:IReportt120061PC Reports111-13-061ADM 06-2354 (MSI' Variance of Garland Avenue).doc
Denied
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__
OCT -12-280608:01 FROM: BELERLY*w-u1 ** Lti rnt:ax/4C
Tony Catroppa
8391 S Lakeshore Dr
Rogers, AR 72756
Dear Sir:
•
I am presently remodeling a building on a site I purchased in May 2006. I am in
the process of putting an express bar cafe. •
In my research I have discovered that 40% of the coffee business serving drinks
such as expresso, cafe latte, cappuccino, and etc are purchased from a drive up window.
In the same area there are businesses with drive up windows. The area in
question is only a 4 foot x 4 foot excursion, so, that cars can drive up and purchase their
product without having to exit their vehicle.
Thank you,
C'�
Tony ppa
•
. ti l' L-cliela Ca:01 rN(.rl:tltvcnLr+wrlilc...n..
Tony Catroppa
8391 S Lakeshore Dr
Rogers, AR 72756
October 13, 2006
This is a request to add a 4 foot x 4 foot drive up window to the building located on the
north side of the building at 1305 North Garland.
Enclosed is a photograph and floor plan of the aforementioned building. The present.
building is 1900 square feet and the addition will be 16 square feet.
Parking in this area is for 50 cars and the requirements are for 30.
If more information is needed feel free to contact Tony Catroppa at 479-236-3401.,
Thank you,
Tony Catroppa
FLOODWAY — 500 YEAR
1W YEAR --- LIMIT OF STUDY
– – - Baseline Prone
O Fayetteville
Outside city
Ix'?% BOA06-1331
voctor.GOBFoolprint_2004
Hillside–Fifty Overlay District
( (12.12.06) Clarice Pearman - Res. 207-06 &
205-06
Page 111
From: Clarice Pearman
To: Pate, Jeremy
Date: 12.12.06 3:21 PM
Subject: Res. 207-06 & 205-06
Attachments: 207-06 Garland ROW variance.pdf; 205-06 ADM 06-2282.pdf
CC: Audit
Jeremy:
Attached are the above resolutions passed by City Council, December 5, 2006 for the following:
Garland ROW Variance
Emerald Point Appeal.
If anything else is needed please let me know.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer.Divislon
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
•