HomeMy WebLinkAbout241-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 241-18
File Number: 2018-0622
ADM 18-6382 (310 E. 7TH ST./NIEDERMAN):
A RESOLUTION TO APPROVE A LESSER DEDICATION OF STREET RIGHT OF WAY
(REDUCING IT BY ABOUT TEN INCHES FROM THE CENTERLINE) FROM WHAT THE
MASTER STREET PLAN RECOMMENDS ALONG THE APPLICANT'S PROPERTY AT 310
EAST 7TH STREET
WHEREAS, the applicant requests that the City Council authorize and accept a slightly lesser right of
way dedication of twenty-four feet two inches from the centerline of 7th Street instead of twenty-five
feet as recommended by the Master Street Plan; and
WHEREAS, the applicant's proposed lesser street right of way dedication at 310 East 7th Street for
her corner lot on 7th Street and Willow Avenue still would constitute more than 16% of her property
to allow her lot to be split to form two additional building lots on 7th Street.
NOW, THEREFORE, 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 determines that the
applicant's proposed lesser street right of way dedication (by about ten inches) from the centerline of
7th Street along her property line should, in light of all the circumstances, be and hereby is granted.
PASSED and APPROVED on 11/20/2018
Page 1 Printed on 11121118
Resolution 241-18
File Number: 2018-0622
Attest:
Sondra E. Smith, City Clerk Treasurer w���ai�irr
�[]s ■;rf
FAY07EVILLE j
�Sr�.�rf1k r �t7�■ ��.
i1i6ONti ►ti`s
Page 2 Printed on 11121118
ADM 18-6382 MEVLANA-NIEDERMAN 18-6382
Close Up view I EXHIBIT 'A'
9
Legend
1 ' I Planning Area
_ _
t Fayetteville City Limits
Shared Use Paved Trail
- - - Trail (Proposed)
Building Footprint
LU
Q
0 w
0.
RSF-18
Feet
0 75 150 300 450 600
1 inch = 200 feet
'j&I
NORTH
RSF-18
1W RI -U
RMF -12
RMF -18
Downtown General
Neighborhood Conservation
. .......
(D
.... .... a .1� 1 0
_YJ....... .
:IIN-MOIAVI:) VHSV
0 NIOTI VIM
=J tg
.•
�.- p -N
06
It
xx
Ao
p
7111
r
+
-6
x z
4
16,
'A
t VX
I
v-rk) g
ow,
Vr6
ME M
MH :—rzv3n
Oyr
ow
Qk;� pit
� M
00 < < 11 gin gl--
g3;
M7, g P,
C2
nfl, MR —fl
Ga raY
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0622
Agenda Date: 11/20/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: D. 3
ADM 18-6382 (310 E. 7TH ST./NIEDERMAN):
A RESOLUTION TO APPROVE A LESSER DEDICATION OF STREET RIGHT OF WAY
(REDUCING IT BY ABOUT TEN INCHES FROM THE CENTERLINE) FROM WHAT THE MASTER
STREET PLAN RECOMMENDS ALONG THE APPLICANT'S PROPERTY AT 310 EAST 7TH STREET
WHEREAS, the applicant requests that the City Council authorize and accept a slightly lesser right of way
dedication of twenty-four feet two inches from the centerline of 7th Street instead of twenty-five feet as
recommended by the Master Street Plan; and
WHEREAS, the applicant's proposed lesser street right of way dedication at 310 East 7th Street for her
corner lot on 7th Street and Willow Avenue still would constitute more than 16% of her property to allow her
lot to be split to form two additional builidng lots on 7th Street.
NOW, THEREFORE, 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 determines that the applicant's
proposed lesser street right of way dedication (by about ten inches) from the centerline of 7th Street along her
property line should, in light of all the circumstances, be and hereby is granted.
City of Fayetteville, Arkansas Page 1 Printed on 1112112018
City of Fayetteville Staff Review Form
2018-0622
Legistar File ID
11/20/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 11/2/2018 CITY PLANNING (630)
Submitted By Submitted Date
Action Recommendation:
Division / Department
ADM 18-6382: Administrative Item (310 E 7TH ST./NIEDERMAN, 524): Submitted by MARY ANN CLARK for
properties located at 310 E 7TH ST. The property is zoned DG, Downtown General and contains approximately 0.14
acres. The request is for a lesser dedication of Master Street Plan right-of-way.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
Previous Ordinance or Resolution #
Approval Date:
V20780327
CITY OF
FAYETTEVI LLE
ARKANSAS
MEETING OF NOVEMBER 20, 2018
TO: Mayor, Fayetteville City Council
THRU: Garner Stoll, Development Services Director
FROM: Jonathan Curth, Planner
Andrew Garner, City Planning Director
DATE: November 2, 2018
CITY COUNCIL MEMO
SUBJECT: ADM 18-6382: Administrative Item (310 E 7T" ST./NIEDERMAN, 524):
Submitted by MARY ANN CLARK for properties located at 310 E 7T" ST. The
property is zoned DG, Downtown General and contains approximately 0.14 acres.
The request is for a lesser dedication of Master Street Plan right-of-way.
RECOMMENDATION:
The Planning Commission recommends approval of a request to accept a lesser right-of-way
dedication as depicted in Exhibits `A' and 'B' with the following conditions:
Lesser dedication of right-of-way shall be limited to the minimum necessary to
accommodate the existing deck and concrete slab, totaling approximately 17 square feet;
and
2. The encroachment into the Master Street Plan right-of-way shall be considered temporary.
Should City improvements to 7th Street necessitate utilizing the encroachment area, the
property owner shall be responsible for removing the deck blocking the right-of-way.
However, the City may also remove the deck if necessary.
Planning staff recommends denial of the request. Should the City Council elect to approve the
request, staff recommends the following condition:
Full dedication of right-of-way shall occur with the associated lot split, as required by
ordinance. The encroachment into the Master Street Plan right-of-way shall be considered
temporary. Should City improvements to 7th Street necessitate utilizing the encroachment
area, the property owner shall be responsible for removing the deck and any other illegally
constructed structures in the right-of-way. However, the City may also remove the deck if
necessary.
BACKGROUND:
The subject property includes one parcel which is located on the northeast corner of East 7th
Street and South Willow Avenue. The parcel contains approximately 0. 14 acres and is developed
with one single-family dwelling built in 2016. Along with the dwelling, a deck and concrete pad
were built to accommodate a mobile trailer. The portions of 7th Street and Willow Avenue along
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
the property's frontage are designated as Local Streets. Neither street is fully -improved, although
sidewalk is present at the back of curb on the north side of 7th Street.
Request: The applicant has proposed to split the parcel, which requires right-of-way dedication
on both 7th Street and Willow Avenue where current right-of-way widths are insufficient to meet
the Master Street Plan for Local Streets. As a part of the lot split, the applicant has requested that
right-of-way dedication requirements along 7th Street be reduced to 24.2 feet -from -centerline
rather than 25 feet -from -centerline to accommodate the wooden deck that was illegally built in to
the Master Street Plan right-of-way. This would result in reduced greenspace between the street
and sidewalk than is currently required for the Local Street section.
Public Comment: No public comment was received for this item.
Right-of-way dedication is a typical requirement as codified in the City's Unified Development
Ordinance of all land subdivisions where insufficient right-of-way is present to accommodate the
City's designated Master Street Plan section. Similarly, setbacks and build -to zones are to respect
the Master Street Plan right-of-way when new construction is considered. Although minor in
amount, totaling approximately 90 square feet, the request to reduce right-of-way dedication along
the property's entire 7th street frontage from 25 feet -from -centerline to 24.2 feet -from -centerline is
inconsistent with the City's requirements, and may compromise the ability to make future street
improvements associated with 7th Street's Local Street classification. Consistent planning ensures
that streets will efficiently circulate traffic within the community and facilitate a safe multi -modal
transportation system. The five-foot sidewalks associated with a Local Street are needed to
facilitate pedestrian movement and the six feet of greenspace are necessary for healthy, viable
street trees and a well-defined separation of vehicular and pedestrian traffic.
DISCUSSION:
At the October 22, 2018 Planning Commission meeting, this item was forwarded to City Council
with a recommendation for approval, including conditions, by a vote of 5-1-1. Commissioner Autry
voted 'no' and Commissioner Niederman abstained.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
• Planning Commission Staff Report
ADM 18-6382
Close Up View
MEVLANA-NIEDERMAN
18-6382
EXHIBIT 'A'
Legend
' Planning Area
Fayetteville Cit Limits
Y Y
Shared Use Paved Trail
Trail (Proposed)
Building Footprint
i
RSF-18
Feet
0 75 150 300 450 600
1 inch = 200 feet
LU
A&
NORTH
RSF-18
RI -U
RMF -12
RMF -18
Downtown General
Neighborhood Conservation
;sN
ut
- 7j*
AYE;
qt
-tiVL,,f 31X-+Oj AVID Vl KV
N j 10 -1
;sN
qt
m'lk
4
A
AW m Ora ILI
55
Z: w
co
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
MEETING DATE: October 22, 2018 (Updated with Planning Commission Results)
SUBJECT: ADM 18-6382. Administrative Item (310 E 7T" ST./NIEDERMAN, 524):
Submilted by MARY ANN CLARK for properties located at 310 E 7T" ST.
The property is zoned DG, Downtown General and contains approximately
0.14 acres. The request is for a lesser dedication of Master Street Plan
right-of-way.
RECOMMENDATION:
Staff recommends denial of ADM 18-6382 based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to deny ADM 18-6382"
BACKGROUND:
The subject property includes one parcel which is located on the northeast corner of East 7th
Street and South Willow Avenue. The parcel contains approximately 0. 14 acres and is developed
with one single-family dwelling built in 2016. Along with the dwelling, a deck and concrete pad
were built to accommodate a mobile trailer. The portions of 7th Street and Willow Avenue along
the property's frontage are designated as Local Streets. Neither street is fully -improved, although
sidewalk is present at the back of curb on the north side of 7th Street. Surrounding land uses and
zoning is depicted in Table 1.
Table 1
surrounding Land Use and Zonin
Direction Land Use Zoning
North Undeveloped DG, Downtown General
South Lar a Lot Single-family Residential NC, Nei hborhood Conservation
East Undeveloped NC, Neighborhood Conservation
West Single-family Residential DG, Downtown General
Request: The applicant has proposed to split the parcel, which requires right-of-way dedication
on both 7th Street and Willow Avenue where current right-of-way widths are insufficient to meet
the Master Street Plan for Local Streets. As a part of the lot split, the applicant has requested that
right-of-way dedication requirements along 7th Street be reduced to 24.2 feet -from -centerline
rather than 25 feet -from -centerline to accommodate the wooden deck that was illegally built in to
the Master Street Plan right-of-way. This would result in reduced greenspace between the street
and sidewalk than is currently required for the Local Street section.
Planning Commission
October 22, 2018
Agenda Item 8
18-6382 Niederman
Page 1 of 13
Public Comment. Staff has received no public comment regarding this request.
DISCUSSION:
Right-of-way dedication is a typical requirement as codified in the City's Unified Development
Ordinance of all land subdivisions where insufficient right-of-way is present to accommodate the
City's designated Master Street Plan section. Similarly, setbacks and build -to zones are to respect
the Master Street Plan right-of-way when new construction is considered. Although minor in
amount, totaling approximately 90 square feet, the request to reduce right-of-way dedication along
the property's entire 7th street frontage from 25 feet -from -centerline to 24.2 feet -from -centerline is
inconsistent with the City's requirements, and may compromise the ability to make future street
improvements associated with 7th Street's Local Street classification. Consistent planning ensures
that streets will efficiently circulate traffic within the community and facilitate a safe multi -modal
transportation system. The five-foot sidewalks associated with a Local Street are needed to
facilitate pedestrian movement and the six feet of greenspace are necessary for healthy, viable
street trees and a well-defined separation of vehicular and pedestrian traffic.
RECOMMENDATION: Staff recommends denial of ADM 18-6382, finding that the self-imposed
hardship on this property does not justify the variance.
Should the Planning Commission choose to forward ADM 18-6382 to the City Council with
a recommendation of approval, staff recommends the following conditions:
Conditions of Approval:
1. Lesser dedication of right-of-way shall be limited to the minimum necessary to
accommodate the existing deck and concrete slab, totaling approximately 17
square feet; and
2. The encroachment into the Master Street Plan right-of-way shall be considered
temporary. Should City improvements to 7th Street necessitate utilizing the
encroachment area, the property owner shall be responsible for removing the
deck blocking the right-of-way. However, the City may also remove the deck if
necessary.
PLANNING COMMISSION ACTION: Required YES
Date: October 22, 2018 O Tabled M Foward O Denied
Motion: Winston, to forward to the City Council with conditions as recommended by
staff
Second: Brown
Vote: 5-1-1, Autry voted 'no' and Niederman abstained
Planning Commission
G:\ETC\Development Services Review\20180evelopment Review\18-6382 ADM October 22, 2018
310 E 7th St. (Melvana-Niederman) 524\03 Planning Commission\10-22-2018 Agenda Item 8
18-6382 Niederman
Page 2 of 13
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code
o §166.04, Required Infrastructure Improvements, Development in City Limits
o §166.18, Master Street Plan Setbacks
Request Letter and Photos
• Variance Exhibit
• Approved Building Permit Site Plan
One Mile Map
Close -Up Map
• Current Land Use Map
Planning Commission
G:\ETC\Development Services Review\2018\Development Review\18-6382 ADM October 22, 2018
310 E. 7th St (Melvana-Niederman) 524\03 Planning Commission\10-22-2018 Agenda Item 8
18-6382 Niederrnan
Page 3 of 13
166.04 - Required Infrastructure Improvements - Development In City Limits
(B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing
the following minimum improvements.
(2) Lot Split.
(a) Dedication of Right -of -Way. Sufficient right-of-way dedication, to bring those streets which the Master
Street Plan shows to abut or intersect the property into conformance with the right-of-way requirements
of the Master Street Plan for said streets; provided, the Subdivision Committee or Planning
Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties.
Such lesser dedication shall be subject to approval by the City Council.
(i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been
previously approved and accepted as dedications by the Fayetteville Planning
Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets
and alleys dedicated by developers/owners to the city which have been approved by the
Fayetteville Planning Commission/Subdivision Committee.
Planning Commission
GAETC\Development Services Review\2018\Development Review\18-6382 ADM October 22, 2018
310 E. 7th St. (Melvana-Niederman) 524\03 Planning Commission\10-22-2018 Agenda Item 8
18-6382 Niederman
Page 4 of 13
166.18 - Master Street Plan Setbacks
The city shall require the applicant/developer to establish a right-of-way setback line based on the right-of-way
requirements for streets and highways designated by the Master Street 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 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 within the right-of-way setback is prohibited.
Planning Commission
G:\ETC\Development Services Review\2018\Development Review\18-6382 ADM October 22, 2018
310 E 7th St. (Melvana-Niederman) 524\03 Planning Commission\10-22-2018 Agenda Item 8
18-6382 Niederman
Page 5 of 13
ADM 18-6382
Request
'�`Letter
Bates
Associate.slinc.
Civic Engineering • Land Surveying - Landscape Architecture
7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704
PH: 479-442-9350 " FAX: 479-521-9350
www.nwabatesinc.com
September 10, 2018
To the City of Fayetteville Planning Department, Planning Commission, and City Council:
On behalf of our clients, Asha Mevlana, property owner, and Zara Niederman, developer, we would like to request
a lesser dedication of master street plan right -of --way requirements at 310, 322, and 340 East 7'h Sri eet, as it
relates to a proposed lot split on the property.
Currently there is a lot split application submitted to the planning department to split the existing lot into 3 tracts.
Per City of Fayetteville planning department comments, right-of-way dedication of 25' from the centerline of East
7" Street is required as a condition of approval for the lot split.
In 2016, a new house was constructed on the lot, with a deck in front. There is also a mobile music studio on
wheels that is parked on the east side of the deck. The deck and mobile studio encroach into the master street plan
right-of-way by about 9 %z inches, or 0.8 feet.
By right, the property owner can develop this lot without giving up any additional right-of-way, and plans to. The
lot split request is what has prompted the dedication.
We are requesting a lesser dedication of 24.20' from centerline instead of the full 25'. The total amount of master
street plan right-of-way of East 7`h Street and South Willow that would need to be dedicated for the lot split is
1103.56 square feet, on a lot that contains 6246.07 square feet. That is 17.7% of the total lot footage that would
need to be dedicated. This request of lesser dedication would reduce the dedication square footage to 1010.91
square feet, which is still 16.2% of the total lot area.
The beautiful, spacious deck is a wonderful feature in this neighborhood. It is the setting for small, intimate
neighborhood gatherings, as evidenced by the attached photographs. Physically cutting 0.8' off of the deck would
take away from the usable space that it provides.
Currently there are no known plans in the near or distant future to widen or improve East 7'h street.
This variance request would bring into compliance a very minimal encroachment of the deck and mobile studio.
Attached with this letter is the lot split survey currently in the review/revision process.
If you have any questions please feel free to contact us.
Sincerely,
Justin Reid — Project Manager
Planning Commission
October 22, 2018
Agenda Item 8
18-6382 Niederman
Page 6 of 13
11 _ T_ ;S •.V m
- — --- •.a. g o-n.. �P •auk saita�iosslp► i : � �
� �C71V�`J�-I �sat�8 �vn,r.rrclr.�.v1A�•�st'inr �
-I I u
�c a' I �t�•�w^�W.a`��• =t7'"s •.�i6� � ///JJF I
co
I J g
_ a
Cl)
°° ^iso
�wwL�r !C
QLU--.l..r -IoM �i- �'' ,i •, i '��--
F-
71, i � + i•. I mnu r I � q �
Go o �I, S -
e;i
_ - � I.�i,�li6 bu t trf'Mxi M11 - c= -- ••t ]lJ��� :E _
` y_
� - •f f.— f• inbl.•1111L6F :i ... .. -�. � -
_
71035 - Site
u
R
00-
z
Z
0
Z
ILL
Ian PR2
•,�innir,r,��`'
1,,2-"'
�sz=
0
C!
z
w
0
U)
ILL
T
0
o I
11 , r,;X:Or)D S
r'
45[�-
a
to v)
I w a
Q (0 J9Z1
vi
Q
❑
Q)
L
�d
O
CD
.0
r-
r-
--
^ t,
c
•��,.f7i�,{;illi
G
�, '
'��:
w I
3 ! 5 �� .4
x r
I s
�❑]
jI f �4
UP
>
ul
LLJ
� 7 S
ap
a
n
1
r
� 1 K
d
wQ l
i 1
1
1.x167 9 i
LL
.v Ill)a
� N •i
_ — Plij'.ng Commission
IV 11.1 tii' i- . �,C7ctober 22, 2018
O I' T IM I I.L:10S '1 $ Agenda Item 6382 Niederman
Page 10 of 13
0
C!
z
w
0
U)
ILL
0
o I
LLI �1
1
45[�-
a
to v)
I w a
Q (0 J9Z1
Q
w I
3 ! 5 �� .4
x r
I s
�❑]
jI f �4
UP
>
ul
LLJ
� 7 S
ap
a
n
1
r
� 1 K
d
wQ l
i 1
1
1.x167 9 i
LL
.v Ill)a
� N •i
_ — Plij'.ng Commission
IV 11.1 tii' i- . �,C7ctober 22, 2018
O I' T IM I I.L:10S '1 $ Agenda Item 6382 Niederman
Page 10 of 13
c
a
W
Q
❑
Q)
L
�d
O
CD
.0
r-
r-
--
^ t,
n1
fr7 �'
W
r
Q
w l'� ,L-N� .7fi"c'. �
� ti"5' I 'vl �f.9�f+t• I
-,--_
w I
3 ! 5 �� .4
x r
I s
�❑]
jI f �4
UP
>
ul
LLJ
� 7 S
ap
a
n
1
r
� 1 K
d
wQ l
i 1
1
1.x167 9 i
LL
.v Ill)a
� N •i
_ — Plij'.ng Commission
IV 11.1 tii' i- . �,C7ctober 22, 2018
O I' T IM I I.L:10S '1 $ Agenda Item 6382 Niederman
Page 10 of 13
ADM 18-6382 MEVLANA-NIEDERMAN
One Mile View A&
NORTH
Legend
Planning Area
L Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
Design Overlay District
Building Footprint
0 0.125 0.25
0.5 Miles
}i 111' • 2.J
',
1"Sl ..ti
Subject Property
El
PlanningArea -
Fayetteville City Limits '
-4
L F.
RSF-4
—'@rtM'7r 22, 2018
Agenda Item 8
18-6382 Nlederman
Page 11 of 13
ZR^lea
EXTRACTION
RESIDENTIAL SINGLE-FAMILY
y^ E-1
3W R.Yee —,.k0 I
COMMERCIAL
RSF-S
RSF
Rmitlnli.M)Ifca
RSF-]
C T
RSF4
RSF-i
FORM BASED DISTRICTS
RSF !
DRe.— Cola
RSF-le
U— Tewwghlel"
RESIDENTIAL MULTIFAMILY
Mein Slletl Cenlor
"1" Re.tlen 11—d Tnle"aemlN `DRwnlwm Oanwol
+r RM FA
—.0, Swvica•
[?® RMF -13
NeyMoie"o° Svrvkv.
b RMF to
�NaIEeWm"o°CmwrvolRn
R.'-
PLANNED ZONING DISTRICTS
RMF 1e
_ Cemmw[ol 1-11wl, RwI—Ibl
INDUSTRIAL
Hray Cmmmw""I Lplil Inlu.leul
INSTITUTIONAL
nn°
�:,� P
Planning Co
nrivlsslor.
—'@rtM'7r 22, 2018
Agenda Item 8
18-6382 Nlederman
Page 11 of 13
ADM 18-6382
Close Up View
MEVLANA-NIEDERMAN
0
Legend
' Planning Area
t Fayetteville City Limits
Shared Use Paved Trail
n
Trail (Proposed)
Building Footprint
Feet
0 75 150 300 450 600
1 inch = 200 feet
V
A&
NORTH
RSF-18
® RI -U
RMF -12
:i RMF -18
® Downtown General
Neighborhood Conservation
Planning Co mission
ftftu 22, 2018
Agenda Item 8
18-6382 Niederman
Page 12 of 13
W
ui
a
W
0
—) i
MEVLANA-NIEDERMAN
0
Legend
' Planning Area
t Fayetteville City Limits
Shared Use Paved Trail
n
Trail (Proposed)
Building Footprint
Feet
0 75 150 300 450 600
1 inch = 200 feet
V
A&
NORTH
RSF-18
® RI -U
RMF -12
:i RMF -18
® Downtown General
Neighborhood Conservation
Planning Co mission
ftftu 22, 2018
Agenda Item 8
18-6382 Niederman
Page 12 of 13
Agenda Item 8
18-8382 Niederman
Page 13 of 13
4
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Andrew Garner, City Planning Direct
FROM: Kit Williams, City Attorney
DATE: November 9, 2018
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Rhonda Lynch
Paralegal
RE: Constitutional considerations for requested (slightly smaller)
dedication of Master Street Plan right of way to create two new small
residential building lots
When a person requests to divide their property, create additional
building lots and construct new residential, commercial or office buildings,
the City may constitutionally impose reasonable exactions (such as right of
way dedications, sidewalk construction and even new or enlarged streets,
water and sewer mains) depending on the roughly proportionate impact of
the new development upon the City's existing infrastructure. For the in -fill
situation presented by the owner of 310 East 7111 Street, a long existing local
street which has become substandard as defined by our evolving Master
Street Plan, our Planning Staff has followed portions of the UDC by
requesting a dedication of the full amount of Master Street Plan's
recommended right of way (25 feet from centerline).
Because the applicant, Mary Ann Clark, owns a corner lot, Planning has
requested she dedicate new right of way from her property for both streets
that adjoin her property. This would require dedication for the public's use of
over One Sixth of her property. Ms. Clark has kindly agreed to make this
1
very large public dedication of street right of way with only a very slight
reduction. Since her newly built deck in front of her home would slightly
intrude (less than a foot) into what Planning has asked that she dedicate for
the 7th street right of way, she requests that the City Council allow her to
dedicate 24.2 feet from the centerline of 7th Street rather than 25 feet.
Even though it may appear that this variance request should not be
granted pursuant to the variance "undue hardship" test in the Unified
Development Code, we should not forget that the United States Constitution
controls over any of our development regulations.
"(T)he (Supreme) Court went on to require that the city demonstrate
that the degree of the exactions demanded in the condition bears 'rough
proportionality" to the projected impact of the applicant's request. This
requirement ensures that the conditioning of a discretionary benefit does not
force 'some people alone to bear public burdens which, in all fairness and
justice, should be borne by the public as a whole' in violation of the Just
Compensation Clause." Goss v. City of Little Rock, 90 F.3d 306, 309 (81h Cir.
1996) quoting Pennell v. City of San Jose, 485 U.S. 1, 9 (1988).
Upon my advice, the City Council enacted the constitutionally required
"rough proportionality" test into the Appeals Chapter of the UDC. There is no
mathematical formula to determine whether a proposed exaction is roughly
proportionate to the impact of the development. Instead, it is left up to your
common sense and reasonableness to determine where constitutional fairness
lies. However, trying to force a public dedication of One Sixth of a citizen's
property and threatening to force the removal a portion of her new deck
simply to increase right of way for an already functioning street with a
sidewalk based solely on the potential construction of two residential
buildings along this existing street appears to be more than many persons or
judges might find fair and reasonable.
The Planning Commission properly recommended that you grant this
ten -inch variance request. For Constitutional reasons, I recommend that this
10 inch lesser dedication be granted without any conditions.
4