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Home My WebLink About131-08 RESOLUTIONRESOLUTION NO. 131-08 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 39 EAST SOUTH STREET TO REMAIN WITHIN THE EXISTING EAST SOUTH STREET RIGHT-OF-WAY AND TO BE IMPROVED GREATER THAN THE 10% ALLOWED BY CODE, WITHIN THE EXISTING LIMITS OF THE STRUCTURE WHEREAS, the existing historic structure on the subject property would have to be removed for redevelopment if required to comply with the current Master Street Plan; and WHEREAS, the existing 65 -foot right-of-way for this portion of East South Street, a Local Street, bisects the existing structure resulting in a building that encroaches into the right- of-way; and WHEREAS, Chapter 164.12(F) of the Unified Development Code states that 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, Chapter 166.18 of the Unified Development Code does not permit improvements within the public right-of-way setback; and WHEREAS, the applicant and property owner wishes to improve the structure at East South Street to provide a commercial and residential service to the area; and WHEREAS, this section of East South Street has already been improved and widened. 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 17th day of June, 2008. APPROVED: By: ATTEST: By: l% Page 2 Res. No. 131-08 SONWA llig AMBER WOOD, Deputy _0011M ffff Ue‘V•% YO,c•. E .FAYETTEVILLE: yS '9RKA NSP: e /.y NG G �� ;, TON �` . �1Yfi(dfhWdW141k4'% City Clerk • "EXHIBIT A" E SOWN STREET nit �W rit ................... .......... ........................................................................... .......... ..........`;`:?!iso:£:'?:='::': .::................................................................................................... PAVfJ1ifNT WA�'/RQS::;;;;:s;:i;;::;i:;':':i:;:;>'i�:3;i::;ti.'•:: 'r`'•r�S.F:ii?' :•`:: ?i.`:4::ii`.�:!i:i r`i:; is:}:;:::::;::::ii;::i:i:i:ii:i:!•ii'•?:iii:::::i.` :: ..................................................................................................................................................................... ..................................................................................................................................................................... rcur /N".9._� 00NC t. It r.% 44 r • •• N .4 0.4 ct4 • a 4 FAST }' 60.00' //2'f.RB. 1/005 V1 � pi //2'S.RB. 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LOT/O Jeremy Pate)� Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 17 -Jun -08 City Council Meeting Date Planning Division Action Required: Operations Department ADM 08-3017: (39 East South Street ROW Variance) Submitted by Ryan Kelly for property located at 39 East South Stree requesting a variance of the Master Street Plan setback for East South Street in the manner indicated to allow the existing building footprint to remain in its current location and be improved. $0.00 Cost of this request n/a Account Number n/a Project Number Budgeted Item n/a Category/Project Budget n/a Funds Used to Date Fs n/a Remaining Balance Budget Adjustment Attached n/a Program Category / Project Name n/a Program / Protect Category Name n/a Fund Name Department D ector . cDg Date City Attorney Finance and Internal Service Director Mayor Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number n/a n/a n/a Received in City Clerk's Office 5 -3o -OV Comments: City Council Meeting of June 17, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations \9 From: Jeremy C. Pate, Director of Current Planning b` Date: May 30, 2008 Subject: Right-of-way setback variance at 39 East South Street (ADM 08-3017) RECOMMENDATION Planning Staff recommends approval of a resolution allowing a variance of Unified Development Code Chapter 166.18 Master Street Plan setbacks for East South Street at 39 East South Street in the manner indicated to allow the existing building footprint that encroaches into the right-of-way to remain and be improved. Staff recommends that the improvements not expand the cubic content or original footprint of the building. BACKGROUND The applicant proposes to remodel the existing structure at 39 East South Street to utilize it for an office and residence. The stucco and stone building was constructed in 1930 according to Washington County parcel records, and been historically used as a grocery store and various other nonresidential uses. The property has been vacant for a long period of time and has been recently cited for code compliance violations by the City for being an unsafe structure. If the building is not secured, it will be required to be razed and removed. A survey of the property indicated that the structure is located approximately one-half foot into the existing 65 -foot East South Street right-of-way. The Board of Adjustment on Monday, May 5, 2008 voted to approve a proposal to bring the non- conforming building setbacks, lot width, and lot area into compliance. On May 27, 2008 the Planning Commission unanimously approved a conditional use permit to allow for office use in the RMF -24 zoning district on the subject property. In addition to Board of Adjustment and Planning Commission approvals, a variance of the Master Street Plan setback ordinance is required to be approved by the Fayetteville City Council in order to permit the nonconforming structure that is located within the South Street right-of-way to be improved more than 10% of its current replacement cost. Chapter 166.18 of the Unified Development Code does not permit the establishment of new structures or improvements within the Master Street Plan right-of-way. 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 39 EAST SOUTH STREET TO REMAIN WITHIN THE EXISTING EAST SOUTH STREET RIGHT-OF-WAY AND TO BE IMPROVED GREATER THAN THE 10% ALLOWED BY CODE, WITHIN THE EXISTING LIMITS OF THE STRUCTURE WHEREAS, the existing historic structure on the subject property would have to be removed for redevelopment if required to comply with the current Master Street Plan; and WHEREAS, the existing 65 -foot right-of-way for this portion of East South Street, a Local Street, bisects the existing structure resulting in a building that encroaches into the right-of-way; and. WHEREAS, Chapter 164.12(F) of the Unified Development Code states that 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, Chapter 166.18 of the Unified Development Code does not permit improvements within the public right-of-way setback; and WHEREAS, the applicant and property owner wishes to improve the structure at East South Street to provide a commercial and residential service to the area; and WHEREAS, this section of East South Street has already been improved and widened. 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 day of , 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk "EXHIBIT A" ESOUTH STREET 6 PAq51.4fNTW/CURd5 iiSiF}?iii% ................................................... ................................................... .................................................... .................................................... ..................................................... ................................................. ..................................................... .................................................... ..................................................... ................................................. ..................................................... I"= 20 PASr9o.ocr 4 � X 'ice __ tri W h //2' 5. RB. W.CAP 1/2'CR.B. /1075 x -x - WEST 60.00' :OT 7 LOT G3 LOr9 SCAM /'-/a BLOCK / r CUT IN CONC. Lor/o Fayetteville Unified Development Code 164.12 Nonconforming Uses And Structures (F) Repairs and maintenance. (1) On any nonconforming structure or portion of a structure containing a nonconforming use, 7161-k,may.be�o'ne' in any period of 12 consecutive months on ordinary repairs, or on reair or replacement of nonbearing walls, fixtures, wiring, or lumbing, to an knot exceeding 10% of the current replacement cost of the nonconforming structure, 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. 166.18 Master Street Plan Setbacks he. ased equire the applicant/developer to establish Aright -of --way setback line ight of -way requirements for z and highways designated by the aster Street Elan 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 lots, 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 improvements tyvithin the;right-ofwayjsetback is.prohibited. KELLY - SOUTH STREET s - _ `53S •RSFi_< LIbfNSi}N Frf N si t RSF4-HA-A..5 ▪ s..c RSFd. lRS. s S19 t < "GUHrS ,ai1APlE ST - - MriP�E:if� ,RSF4 t L RSFd_I moi. R.S" RS" RSF4' RPID RSF4 _.1:2-1 SY i. .: N5C ! 3. RSF-ic. RSF4 .: Dt._. D CKSON Sr flgtso4 T Legend Subject Property CUP08-2963 Boundary Planning Area • Overlay District 11 ! Outside City 0.25 0.5 Legend Hillside -Hilltop 0 1 erlay District M les CUP08-2983 Close Up View KELLY - SOUTH STREET SUBJECT PROPERTY Overview (6.19.08) Clarice Pearman - Res. 131-08 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 6.19.08 12:59 PM Subject: Res. 131-08 Attachments: 131-08 ADM 08-3017 39 East South Street.pdf CC: Audit Jeremy: Attached is a copy of the above resolution regarding Section 164.12(F) of Chapter 164, and Section 166 18 of Chapter 166. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice