HomeMy WebLinkAbout2023-12-04 - Agendas - FinalCITY OF
FAYETTEVILLE
ARKANSAS
Board of Adjustment Meeting
December 4, 2023
3:45 PM
113 W. Mountain, Room 219
MEETING AGENDA
Members: Bill Finer (Chair), Lindsey Steiger -Muck, Erin Adkins-Oury, Josh Carson, & Jason
Young
City Staff: Gretchen Harrison, Senior Planner
Call to Order
Roll Call
1. Approval of the minutes from the September 11t", 2023 meeting.
Unfinished Business:
None.
New Business:
2. BOA-2023-0015: Board of Adjustment (EAST OF 664 S. FOSTER LN/CROSS, 553):
Submitted by BLEW & ASSOCIATES for property located EAST OF 664 S. FOSTER LN. The
property is zoned RSF-1, RESIDENTIAL SINGLE-FAMILY, ONE UNIT PER ACRE and contains
approximately 14.93 acres. The request is for a variance from lot width requirements.
Planner: Donna Wonsower
3. BOA-2023-0016: Board of Adjustment (765 N. OAKLAND AVE/SARKIN, 444): Submitted
by DEVELOPMENT CONSULTANTS INC for property located at 765 N. OAKLAND AVE. The
property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY, FORTY UNITS PER ACRE and
contains approximately 0.24 acres. The request is for a variance from lot width requirements.
Planner: Kylee Hevrdems
4. BOA-2023-0017: Board of Adjustment (SOUTH OF 870 N. RUPPLE RD/MEADOWVIEW
OF FAYETTEVILLE, 439): Submitted by MICHAEL SCHOENECKER for property located
SOUTH OF 870 N. RUPPLE RD. The property is zoned NS-L, NEIGHBORHOOD SERVICES -
LIMITED and contains approximately 11.62 acres. The request is for a variance from lot width
requirements. Planner: Gretchen Harrison
Announcements
Adjourn
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
NOTICE TO MEMBERS OF THE AUDIENCE
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. As a courtesy please turn off all cell phones and pagers.
- CITY OF
FAYETTEVILLE
�\ ARKANSAS
Board of Adjustment Meeting
September 11, 2023
3:45 PM
113 W. Mountain, Room 219
MEETING MINUTES
NOTE: The September 11, 2023 Board of Adjustment Meeting was held both in person
and virtually.
Members: Bill Finer (Chair), Lindsey Steiger -Muck, Erin Adkins-Oury, Josh Carson and Jason
Young
Assistant City Attorney: Hannah Hungate
Call to Order: 3:46 PM, Lindsey Steiger -Muck
Roll Call:
In Attendance: Lindsey Steiger -Muck, Erin Adkins-Oury, Jason Young, and Josh Carson
Absent: Bill Finer
Staff: Gretchen Harrison, Senior Planner
1. Approval of the minutes from the August 7, 2023 meeting.
Motion:
Board Member Young made a motion to approve the August 7, 2023 minutes with Carson
seconding. Upon roll call the motion was approved with a vote of 3-0-0.
Unfinished Business:
None.
New Business:
2. BOA-2023-0010: Board of Adjustment (1207 N. SHADY LN/LITTLE, 406): Submitted by
MARJORIE LITTLE for property located at 1207 N SHADY LN. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.17
acres. The request is for a variance from setback requirements. Planner: Donna Wonsower
Donna Wonsower, Planner: Gave the staff report.
ents
Mailing Address: December4, 2023
113 W. Mountain Street www.fayettevilleAaPg(AItem 1
Fayetteville, AR 72701 MINUTES (September 11, 2023)
Page 1 of 3
Marjorie Little, Representative: Stated that she has submitted letters from the surrounding
property neighbors in favor of the request.
Lindsey Steiger -Muck, Board Member: Spoke of lack of hardship but was open to discussion.
Jason Young, Board Member: Agreed with staff that the item does not meet the threshold for
hardship.
Erin Adkins-Oury, Board Member: Asked staff for confirmation of a similar case and if it made
a difference with an attached or detached carport structure.
Gretchen Harrison, Senior Planner: Stated that she did not recall the specific case.
Wonsower: Stated that the applicant has proposed the carport is attached to a pergola structure.
Little: Clarified that the carport will not be tied to the house and respectfully requested approval.
Steiger -Muck: Asked staff to clarify the definition of a hardship.
Harrison: Clarified the qualifications for a hardship.
Josh Carson, Board Member: Stated that the request is reasonable but feels as though it is
more a preference and not structured to the uniqueness of the property.
Motion:
Board Member Steiger -Muck made a motion to approve BOA-2023-0010 with all conditions as
recommended by staff. Board Member Young seconded the motion. Upon roll call the motion
failed by a vote of 0-4-0.
3. BOA-2023-0011: Board of Adjustment (506 N. FOREST AVE/NORDAN, 445): Submitted by
BUILD A HOME INC for property located at 506 N. FOREST AVE. The property is zoned RSF-
4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.13
acres. The request is for a variance from setback requirements. Planner: Gretchen Harrison
Gretchen Harrison, Senior Planner: Gave the staff report.
Jason Young, Board Member: Asked for directional clarification on the site plan sketch.
Harrison: Pointed out street location for reference and stated that the structure is in the northeast
corner of the property.
Mary Nordan, Representative: Clarified that she cannot park her van in the garage as it is and
be able to open the car doors. She also stated that the neighbors are ok with the requested
project.
Board of Adjustments
December 4, 2023
Agenda Item 1
MINUTES (September 11, 2023)
Page 2 of 3
Erin Adkins-Oury, Board Member: Asked staff for confirmation of the building height
requirement on an accessory structure that would allow it in a setback.
Harrison: Confirmed that it is 10 feet in height that allows reduced setbacks and that the
proposed structure is taller than 10 feet.
Public Comment, Anonymous: Stressed that RSF-4 zoning is not a practical standpoint in this
housing area.
Adkins-Oury: Asked staff if there was any long-term potential zoning changes planned for this
neighborhood.
Harrison: Stated that she is not aware of anything at this time.
Young: Stated that he sympathizes with the request but doesn't see the hardship.
Josh Carson, Board Member: Agreed.
Nordan: Stated that there is no space in her home for gardening tools.
Adkins-Oury: Asked staff if the applicant can make improvements to the existing structure.
Harrison: Clarified that you can repair the existing structure as long as you are not worsening
that conformity.
Carson: Asked if there was a possibility, they could lower the height of the requested structure.
Adkins-Oury: Inquired if the variance would be necessary.
Harrison: Clarified that is they demolished or added onto the existing structure that they would
have to meet setbacks.
Motion:
Board Member Young made a motion to approve BOA-2023-0011 with all conditions as
recommended by staff. Board Member Steiger -Muck seconded the motion. Upon roll call the
motion failed by a vote of 0-4-0.
Announcements:
None.
Adjournment Time: 4:18 PM
Submitted by: City Planning Division
Board of Adjustments
December 4, 2023
Agenda Item 1
MINUTES (September 11, 2023)
Page 3 of 3
CITY OF
FAYETTEVILLE
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
Board of Adjustment
BOARD OF ADJUSTMENTS MEMO
Jessie Masters, Development Review Manager
Donna Wonsower, Planner
December 4, 2023
SUBJECT: BOA-2023-0015: Board of Adjustment (EAST OF 664 S. FOSTER
LN/CROSS, 553): Submitted by BLEW & ASSOCIATES for property
located EAST OF 664 S. FOSTER LN. The property is zoned RSF-1,
RESIDENTIAL SINGLE-FAMILY, ONE UNIT PER ACRE and contains
approximately 14.05 acres. The request is for a variance from lot width
requirements.
RECOMMENDATION:
Staff recommends approval of BOA-2023-0015 with conditions based on the findings contained
in this report.
RECOMMENDED MOTION:
"I move to approve BOA-2023-0015 with conditions, determining:
In favor of the requested variance; and
All other conditions as recommended by staff."
BACKGROUND:
The subject property is in west Fayetteville approximately 1/3 of a mile east of the intersection of
N. Double Springs Rd. and S. Foster Ln. The southern edge of the parcel is on the boundary
between Fayetteville and Farmington city limits. The parcel is currently undeveloped pasture.
Surrounding land uses and zoning are listed in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
RSF-1 Residential Single -Family, 1 Unit per Acre
South
Undeveloped
Farmington
West
Single -Family Residential
RSF-1 Residential Single -Family, 1 Unit per Acre
East
Undeveloped
RSF-1 Residential Single -Family, 1 Unit per Acre
DISCUSSION:
Request: The applicant proposes to split the subject property into two lots. The proposed lot split
would result in Lot 1 and Lot 2 retaining no frontage onto either a private or public street. The
parent parcel is currently accessed via a shared driveway off S. Foster Ln, an unclassified private
street. All lots in the RSF-1, Residential Single -Family, 1 Unit per Acre, are required to have at
least 150 feet of direct frontage onto a public street. Consequently, the proposed lot split
necessitates a variance to UDC §161.05(F). The variance is described in Table 2.
Board of Adjustments
December 4, 2023
Agenda Item 2
BOA-2023-0015 (CROSS)
Page 1 of 11
Table 2:
Variance Reauest
Variance Issue
Requirement
Proposed Frontage
Variance
Lot Width
150 feet
0 feet
150 feet
Public Comment: Staff has not received any public comment regarding this request.
RECOMMENDATION: Staff recommends approval of BOA-2023-0015 with the following
conditions:
Conditions of Approval:
1. Approval of this variance is limited to the applicant's request as described in Table
2 and throughout this report;
2. Approval of this variance does not grant approval of the associated lot split
application; and
3. Approval of this variance does not represent overall development entitlement
approval for the project, nor grant approval for any associated grading or building
permits, nor does it grant final approval of certificate of occupancy.
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied ❑ Tabled
December 4, 2023
Notion: Note:
City Plan 2040 Future Land Use Designation: Rural Neighborhood
FINDINGS OF THE STAFF
§156.02. ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
B. Requirements for Variance Approval.
1. Where strict enforcement of the zoning ordinance would cause undue
hardship due to circumstances unique to the individual property under
consideration; and
Finding: On the balance of considerations, staff finds that a hardship is present for
the request. The parcel was annexed into Fayetteville city limits as part of a
405.5-acre block in 2006 (Ord 4293); however, S. Foster Ln. itself appears to
have been constructed in the 1990s based on aerial imagery. The parent
Board of Adjustments
December 4, 2023
Agenda Item 2
BOA-2023-0015 (CROSS)
Page 2 of 11
parcel is separated from the nearest public street, N. Double Springs Rd. to
the east, by almost 1,900 feet (0.35 miles). A 33-foot existing access
easement is indicated on the lot split from the edge of the existing S. Foster
Ln. to the western edge of the parent parcel. The level of impact of the
proposed development is not proportional to the amount of right-of-way
acquisition that would be necessary to provide this lot with frontage.
2. Where the applicant demonstrates that the granting of the variance will be
in keeping with the spirit and intent of the zoning ordinance.
Finding: Staff finds that granting the applicant's request to vary from the lot width
requirement for parcels in RSF-1 zoning will be keeping with the spirit and
intent of the zoning ordinance. The street frontage requirement is applied to
lot splits because the creation of new residential properties carries an
associated potential to increase density and, therefore, impact existing City
services. S. Foster Ln. is a private, unclassified street serving approximately
25 parcels. Further, the proposed lot split would create two lots containing
3.00 and 11.05 acres. As the parent parcel does not have access to a public
street, neither lot created by the split would have public street frontage. The
subject property is currently a single lot surrounded by rural residential
properties varying in both size and arrangement. Surrounding properties
vary between roughly 1.00 and 11.5 acres and most nearby also do not have
direct frontage to a public street. The two proposed resultant lots are not
appreciably different in configuration when compared to the low -density
development pattern exhibited by the neighboring properties.
C. Minimum Necessary Variance. The Board of Adjustment may only grant the
minimum variance necessary to make possible the reasonable use of the
applicant's land, building or structure.
Finding: The requested variance represents the minimum amount necessary to bring
the subject parcel into conformity.
D. Special Conditions. In granting a zoning regulation variance, the Board of
Adjustment may impose whatever special conditions found necessary to ensure
compliance and to protect adjacent property.
Finding: Should the Board choose to approve the variance, staff has recommended
conditions of approval as outlined above.
E. Non -permitted Uses. The Board of Adjustment may not grant, as a variance, any
use in a zone that is not permitted under the zoning ordinance.
Finding: None is requested.
Board of Adjustments
December 4, 2023
Agenda Item 2
BOA-2023-0015 (CROSS)
Page 3 of 11
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.05 District RSF-1, Residential Single -Family, One (1) Unit per Acre
• Request Letter
• Parcel Survey
• One Mile Map
• Close-up Map
• Current Land Use Map
Board of Adjustments
December 4, 2023
Agenda Item 2
BOA-2023-0015 (CROSS)
Page 4 of 11
161.05 District RSF-1, Residential Single -Family - One (1) Unit Per Acre
(A) Purpose. A district having single-family detached residences on lots with a minimum size of one (1) unit per
acre. The district is designed to permit and encourage the development of very low density detached
dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(C) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(D) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 24
1 Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(E) Density.
Units per acre I 1
(F) Bulk and Area Regulations.
Lot width minimum
150 feet
Lot area minimum
35,720 square feet
Land area per dwelling unit
35,720 square feet
(G) Setback Requirements.
Front
Side
Rear
35 feet
20 feet
35 feet
(H) Building Height Regulations.
Building Height Maximum 13 stories
(1) Building Area. None.
Board of Adjustments
December 4, 2023
Agenda Item 2
BOA-2023-0015 (CROSS)
Page 5 of 11
(Code 1965, §160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4858, 4-18-06; Ord.
No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-
16; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6625, §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
(Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023,
unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset,
repeal and termination section."
Board of Adjustments
December 4, 2023
Agenda Item 2
BOA-2023-0015 (CROSS)
Page 6 of 11
BLEW
Surveying I Engineering I Environmental
November 30, 2023
Fayetteville Planning Department
Board of Adjustment Variance request
My clients, Jack & Karen Cross are requesting approval of a Board of Adjustments Variance, from code
Sec. 164.05(F) (requiring 150' of street frontage for RSF-1 lots) to allow them to create a new tract of
land via the Lot Split process through the City of Fayetteville.
The Variance approval will allow the creation of the new tract without frontage onto a public street. The
property is accessed from S. Foster Lane, which is public part of the way to the subject property but is
private past a certain point. There are access & utility easements existing, with an additional 35' wide
access/utility easement to be dedicated with the Lot Split.
Judging by the dates on the previous Warranty Deeds (1979, 2015, and 2021), and the legal descriptions
being the same on the 1979 and 2015 deeds, and the record description from the 2021 deed being close
enough to the same acreage, also taking into account the improvements in accuracy of the
instrumentation and methodology between 1979 and today, it is my opinion that that parcel has existed
in its current state since 1979 when it was split off parcel 765-12096-000. 1 do not know if that was
inside Fayetteville's City Limits at that time, but I feel it was not. Additionally, there was no County
Planning/Zoning ordinance at that time. So, to answer the question of how that parcel was created
without public road frontage, I believe it was created before that requirement was applied.
Enforcement of the ordinance would lead to undue hardship because the property would never be
allowed to be split unless a public R/W was extended to the property, all at the owner's expense. But
approval of the Variance will allow the property owners to split their 14.052 acre parcel to sell a 3 acre
tract and build their home on the remaining 11 acres.
Nathan Crouch
NWA Planning Manager
Blew & Associates
Board of Adjustments
December 4, 2023
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15 (CROSS)
Page 8 of 11
BOA-2023-0015 (CROSS)
Page 9 of 11
BOA-2023-0015 (CROSS)
Page 10 of 11
BOA-2023-0015
EAST OF 664 S. FOSTER
LN
NORTH
Current Land Use
Undeveloped
'r
e
.
e F
Subject Property
r,•r,
1
Single -Family Residential
I`
Single -Family
Residential
&Undeveloped
� T
r
air
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FEMA Flood Hazard Data
100=Year Floodplain
Feet
Floodway
Unclassified
Planning Area
0 112.5 225 450 675
900
Fayetteville City Limits
1:3,600
Board of Adj stments
Decembe 4, 2023
Item 2
BOA-2023-0015 (CROSS)
Page 11 of 11
CITY OF
FAY E T T E V I L L E BOARD OF ADJUSTMENTS MEMO
ARKANSAS
TO: Board of Adjustment
THRU: Jessie Masters, Development Review Manager
FROM: Kylee Hevrdejs, Planner
MEETING DATE: December 4, 2023
SUBJECT: BOA-2023-0016: Board of Adjustment (765 N. OAKLAND
AVE./SARKIN, 444): Submitted by DEVELOPMENT CONSULTANTS INC
for property located at 765 N. OAKLAND AVE. The property is zoned RMF-
40, RESIDENTIAL MULTI -FAMILY, FORTY UNITS PER ACRE and
contains approximately 0.24 acres. The request is for a variance from lot
width requirements.
RECOMMENDATION:
Staff recommends denial of BOA-2023-0016, based on the findings outlined within this staff
report.
RECOMMENDED MOTION:
"1 move to deny BOA-2023-0016."
BACKGROUND:
The subject property is in central Fayetteville, just north of the University of Arkansas Campus,
two blocks east of N. Garland Ave. The property is two parcels totaling approximately 0.24 acres
and zoned RMF-40, Residential Multi -Family, Forty Units per Acre. A 1,100 square -foot, single-
family home built in 1999 occupies the lot. No zoning overlays apply to the site. Surrounding land
uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use/Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RMF-40, Residential Multi -Family, 40 Units per Acre
South
Multi -Family Residential
RMF-40, Residential Multi -Family, 40 Units per Acre
East
Single -Family Residential
RI-U, Residential Intermediate - Urban
West
Multi -Family Residential;
Undeveloped
RMF-40, Residential Multi -Family, 40 Units per Acre
DISCUSSION:
Request: The applicant requests a variance from the minimum lot width requirement as described
in Table 2. The request is associated with a proposed development of three duplexes and
associated parking. Presently, only one parcel has street frontage, totaling 49.94 linear feet. The
minimum lot width requirement in RMF-40 zoning is 70 feet, so a variance from the minimum lot
width requirement is needed.
ents
Mailing Address: December4, 2023
113 W. Mountain Street www.fayettevilleAaPgdvItem 3
Fayetteville, AR 72701 BOA-2023-0016 (SARKIN)
Page 1 of 12
Table 2
Variance Reauest
Variance Issue
Requirement
Existing Width
Variance
Lot width
70 feet
49.94 feet
20.06 feet
Public Comment: To date, staff has not received any public comment on this item.
RECOMMENDATION: Staff recommends denial of BOA-2023-0016. Should the commission
vote in favor of the request, staff recommends the following conditions.
1. Approval of this variance is limited to the lot width minimum variance as described
in Table 2 and throughout this report;
2. Any future development or expansion of existing buildings will require additional
review and possible Board of Adjustment approval; and
3. Approval of this variance does not grant approval or entitlement to any other zoning
or development variances, or to the associated building permit.
IBOARD OF ADJUSTMENT ACTION:
December 4, 2023
(Second:
❑ Approved
Note:
❑ Denied ❑ Tabled
FUTURE LAND USE PLAN DESIGNATION: City Plan 2040 Future Land Use Plan
designates this site as a City Neighborhood Area.
FINDINGS:
City of Fayetteville Unified Development Code
§156.02, Variances, Zoning Regulations
Certain variances of the zoning regulations may be applied for as follows:
(B) Requirements for variance approval.
(1) Where strict enforcement of the zoning ordinance would cause undue hardship due to
circumstances unique to the individual property under consideration;
Finding: Staff finds that the applicant is not meeting the threshold typically required
for undue hardship in this instance. Staff does not find a site -specific reason
that would prevent development of the site. The subject property is zoned
RMF-40 which has a minimum lot width of 70-feet for developments with
Board of Adjustments
December 4, 2023
Agenda Item 3
BOA-2023-0016 (SARKIN)
Page 2 of 12
three family or more dwelling units. The subject property has a lot width of
approximately 49.94 linear feet along N. Oakland Ave., which is not out of
character with surrounding properties. Surrounding properties have lot
widths ranging from 42.6 to 140.8 linear feet, with most around 50 feet in
width. Staff finds that this site condition is not unique to the subject property.
Further, the existing lot width does allow for other types of development
such as single or two-family dwellings which would not require seeking a
Board of Adjustment variance.
(2) Where the applicant demonstrates that the granting of the variance will be in keeping with
the spirit and intent of the zoning ordinance; and
Finding: Staff finds that granting the variance would not necessarily be within the
spirit and intent of the zoning ordinance since it would convey a special
privilege for higher -density development that runs counter to the zoning
regulations for the district. Properties zoned RMF-40 are intended to permit
and encourage the development of high -density multi -family dwellings in
suitable environments and protect similar, existing development. The
subject property does not meet the lot width requirements for three or more
family development and is thus not a suitable site. Further, staff finds that
approval of the subject variance may threaten existing neighboring
properties by creating properties that do not address the street and
encroach on the privacy of established single-family homes.
(C) Minimum necessary variance. The Board of Adjustment may only grant the minimum variance
necessary to make possible the reasonable use of the applicant's land, building or structure.
Finding: Staff finds that there may be alternatives available that would allow the
applicant to develop their property without seeking a variance. A single
duplex, or two single family homes with ADUs would maximize the units
available, while still meeting the zoning requirements. The applicant could
also seek to rezone the property if a different zoning district is more
appropriate. Staff does not feel that the variance under consideration is the
minimum necessary to make reasonable use of the land.
(D) Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may
impose whatever special conditions found necessary to ensure compliance and to protect
adjacent property.
Finding: Should the Board choose to approve the variance, staff has recommended
conditions of approval as outlined above.
(E) Non -permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a
zone that is not permitted under the zoning ordinance.
Finding: None is requested.
BUDGET/STAFF IMPACT:
None.
ATTACHMENTS:
Board of Adjustments
December 4, 2023
Agenda Item 3
BOA-2023-0016 (SARKIN)
Page 3 of 12
• Unified Development Code:
o §161.17 — District RMF-40, Residential Multi -Family, 40 Units per Acre
• Request Letter
• Site Plan
• One Mile Map
• Close-up Map
• Current Land Use Map
Board of Adjustments
December 4, 2023
Agenda Item 3
BOA-2023-0016 (SARKIN)
Page 4 of 12
161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre
(A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family
development and to encourage additional development of this type where it is desirable.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre I Fort 40 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured home
park
50 feet
Single-family
30 feet
Two 2 family
30 feet
Three 3 family or more
1 70 feet
Professional offices
1 100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
2,500 square feet
Two 2 family
3,000 square feet
Three (3) family or more
7,000 square feet
Fraternity or Sorority
1 acre
Board of Adjustments
December 4, 2023
Agenda Item 3
BOA-2023-0016 (SARKIN)
Page 5 of 12
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
Fraternity of Sorority 500 square feet per resident
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear Single
Uses
& Two (2)
Uses
Family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building Height Maximum 1 2 stories/3 stories/5 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from
the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the
building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5
stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between
the total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-
09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664,
2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8, 9, 1-17-17; Ord.
No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§l(Exh. C), 2, 4-20-21; Ord. No.
6658 , §7(Exh. F), 5-2-23)
Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
(Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023,
unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal
and termination section."
Board of Adjustments
December 4, 2023
Agenda Item 3
BOA-2023-0016 (SARKIN)
Page 6 of 12
009cl
13 November 2023 DEVELOPMENT
CONSULTANTS
City of Fayetteville INCORPORATED
Chairperson
Board of Adjustments
125 W. Mountain Street
Fayetteville, AR 72701
479.575.8267
DCI Job Number: 2023-170
Project Name: 765 N. Oakland Avenue
Owner: Steffan B and Catherine Sarkin
2686 N Timberglen Ln
Fayetteville, AR 72701
479-263-9066
Project Narrative:
The proposed improvements at 765 N. Oakland Avenue consist of three separate two-
family homes (6 units total) with associated parking, interior pedestrian circulation
sidewalks, and utilities. A single-family residence of 850 square feet will be demolished
for the construction of each three story, 3,760 square foot two family home (1,800
square feet per unit). This property and the adjacent parcels are zoned Residential
Multi -Family 40 (RMF-40), and this lot has approximately 0.24 acres. The proposed
improvements are utilizing the City's reduction allowances for multifamily parking to
reduce the number of required parking stalls to 9 total. 765 N. Oakland Avenue has a
total street frontage of 49.94 feet along Oakland Ave, extends about 140 feet to the west
and has 100.14 feet along the alley at the rear of the lot.
Variance Request:
On behalf of the owner, DCI is requesting a variance to the following section of the
Unified Development Code.
1. Variance to UDC Section 161.17.D.1, Bulk and Area Regulations: Lot Width.
Code states that the lot width minimum for three (3) family or more developments
shall be 70 feet wide. The proposed improvements to the property are in keeping
with the UDC's spirit and intent of a high -density multifamily housing type zone,
and are otherwise in compliance with zoning requirements, however the frontage
along Oakland Avenue does not meet the 70 foot requirement. The owner is
unable to lengthen the frontage of his property as the owners of the properties to
the north and south of 765 N Oakland Avenue are not willing to sell additional
frontage, thus a strict enforcement of the UDC creates a hardship for the owner
to satisfy this requirement. As this proposed development otherwise meets the
intent of the zoning regulations for RMF-40, we are requesting that the hardship
be acknowledged and variance from the 70 foot street frontage be granted as the
minimum required variance to make use of the proposed development.
Engineering 0 Planning
Land Surveying
Landscape Architecture
2200 North Rodney Parham, Suite 220 • Little Rock, Arkansas 72212 • Tel 501-221-7880 • Fax 501-221-7882 Board of Adjustments
1 East Center Street, Suite 290 • Fayetteville, Arkansas 72701 • Tel 479-444-7880 December 4, 2023
Agenda Item 3
BOA-2023-0016 (SARKIN)
Page 7 of 12
Thank you for your consideration and we look forward to working with the City moving
forward.
Sincerely,
Chase Henrichs, P.E.
ChaseH@DCIUS.PRO
479.444.7880
Development Consultants
Board of Adjustments
G:\2022\22-128 WEST\LSD Submittal\2022-12-21 Submittal 4 December 4, 2023
Agenda Item 3
BOA-2023-0016 (SARKIN)
Page 8 of 12
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BOA-2023-0016 (SARKIN)
Page 10 of 12
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— — — Shared -Use Paved Trail 1 :2,400
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NORTH
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Community Services
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Decembe 4, 2023
Ayunub Item 3
BOA-2023-0016 (SARKIN)
Page 11 of 12
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1- '111 Planning Area
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1 _ _ Fayetteville City Limits
Decembe 4, 2023
Item 3
BOA-2023-0016 (SARKIN)
Page 12 of 12
W".- 1W
TO:
THRU:
FROM:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING DATE:
Board of Adjustment
BOARD OF ADJUSTMENTS MEMO
Jessie Masters, Development Review Manager
Gretchen Harrison, Senior Planner
December 4, 2023
SUBJECT: BOA-2023-0017: Board of Adjustment (SOUTH OF 870 N. RUPPLE
RD./MEADOWVIEW SENIOR LIVING, 439): Submitted by
MEADOWVIEW SENIOR LIVING for property located SOUTH OF 870 N.
RUPPLE RD. The property is zoned NS-L, NEIGHBORHOOD SERVICES -
LIMITED and contains approximately 11.62 acres. The request is for a
variance from lot width requirements.
RECOMMENDATION:
Staff recommends denial of BOA-2023-0017 based on the findings contained herein.
RECOMMENDED MOTION:
"°l move to deny BOA-2023-0017."
BACKGROUND:
The subject property is located in west Fayetteville about a quarter of a mile south of Wedington
Drive on the east side of Rupple Road. The property contains approximately 11.62 acres, though
a lot split is currently under review which would subdivide the property into two parcels containing
5.62 and 6.00 acres (LSP-2023-0056). A conditional use permit for an independent and assisted
living facility for seniors on this property was approved by the Planning Commission on November
13, 2023 (CUP-2023-0145). The entire property is located within the Wedington Corridor Plan
area and contains hydric soils. Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Undeveloped
R-A, Residential -Agricultural
South
Undeveloped
P-1, Institutional;
NS-L, Neighborhood Services -Limited
East
Undeveloped
R-A, Residential -Agricultural
West
Ozarks Electric Cooperative
NS-L, Neighborhood Services -Limited
DISCUSSION:
Request: The applicant is requesting a variance from minimum lot width requirements in order to
subdivide the subject property into two lots; one would have 485.11 feet of frontage along Rupple
Road and the other would have no frontage on a public street. The lot without frontage would be
used in part for multi -family dwellings and would thus be subject to the regulations for that land
use in the NS-L, Neighborhood Services — Limited zoning district. Per UDC §161.18(D)(1), lots
containing multi -family dwellings in the NS-L zoning district are required to have a minimum lot
width of 35 feet. The requested variance is described below in Table 2.
ents
Mailing Address: December 4, 2023
113 W. Mountain Street www.fayettevilleAa Item 4
Fayetteville, AR 72701 BOA-2023-0017 (MEADOWVIEW OF FAYETTEVILLE)
Page 1 of 12
Table 2:
Variance Reauest
Variance Issue
Requirement
Existing Lot Width
Proposed Lot Width
Variance
Lot width
35 feet
485.11 feet
0 feet
35 feet
Public Comment: Staff has received no public comment regarding this request.
RECOMMENDATION: Staff recommends denial of BOA-2023-0017. Should the Board
choose to approve this variance, staff recommends the following conditions:
Conditions of Approval:
1. Approval of this variance is limited to the applicant's request as described in this
report, and
2. Approval of this variance does not grant approval of or entitlement to any other
zoning or development variances, nor does it grant approval of the associated lot
split.
IBOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied ❑ Tabled
Date: December 4, 2023
Notion:
ISecond:
Note:
City Plan 2040 Future Land Use Designation: Residential Neighborhood
FINDINGS OF THE STAFF
§156.02. ZONING REGULATIONS.
Certain variances of the zoning regulations may be applied for as follows:
B. Requirements for Variance Approval.
1. Where strict enforcement of the zoning ordinance would cause undue
hardship due to circumstances unique to the individual property under
consideration; and
Finding: Staff finds that the applicant does not meet the criteria for undue hardship.
The applicant stated in their request letter that there are no site -specific
constraints or special conditions that would keep them from meeting the
minimum lot width requirement other than the fact that they are not able to
purchase the entire 11.62-acre property. However, it is unclear at this time
why the property cannot be subdivided into lots that meet the bulk and area
Board of Adjustments
December 4, 2023
Agenda Item 4
BOA-2023-0017 (MEADOWVIEW OF FAYETTEVILLE)
Page 2 of 12
requirements of the NS-L zoning district when the current width and area of
the property far exceeds minimum requirements. The site plan provided by
the applicant shows a 45-foot-wide flag extending to Rupple Road for the lot
without frontage which contains a driveway that would serve the planned
development on that lot. However, the survey that was provided for the
associated lot split shows that the lot will not have a flag and an access
easement will be dedicated instead in order to accommodate access. Staff
finds that adjusting lot lines to create a flag at least 35 feet wide for the lot
without frontage would allow each lot to meet minimum lot width
requirements and eliminate the need for this variance. A conditional use
permit was recently approved by the Planning Commission for the proposed
senior living center with the condition that zoning requirements be met, and
the applicant is pursuing this variance as a means of addressing that
condition of approval.
2. Where the applicant demonstrates that the granting of the variance will be
in keeping with the spirit and intent of the zoning ordinance.
Finding: Staff finds that granting this variance may not be in keeping with the spirit
and intent of the zoning ordinance. The NS-L zoning district is designed to
promote a walkable, pedestrian -oriented neighborhood development form
with a mixture of uses at a low -intensity. Staff finds that creating a lot without
frontage would conflict with the spirit and intent of the NS-L zoning district
since it would allow for development that is not oriented towards a public
street. While staff finds that a variance from the minimum lot width
requirement may not be necessary in this instance, staff acknowledges that
an official zoning determination on the build -to requirement would still be
needed prior to development entitlement, either administratively from the
City's Zoning and Development Administrator or through the Board of
Adjustment, if a variance from the minimum lot width requirement is not
granted.
C. Minimum Necessary Variance. The Board of Adjustment may only grant the
minimum variance necessary to make possible the reasonable use of the
applicant's land, building or structure.
Finding: Staff finds that the requested variance is not necessary to make possible the
reasonable use of the subject property.
D. Special Conditions. In granting a zoning regulation variance, the Board of
Adjustment may impose whatever special conditions found necessary to ensure
compliance and to protect adjacent property.
Finding: Should the Board choose to approve the variance, staff has recommended
conditions of approval as outlined above.
E. Non -permitted Uses. The Board of Adjustment may not grant, as a variance, any
use in a zone that is not permitted under the zoning ordinance.
Finding: None is requested.
Board of Adjustments
December 4, 2023
Agenda Item 4
BOA-2023-0017 (MEADOWVIEW OF FAYETTEVILLE)
Page 3 of 12
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.18 NS-L, Neighborhood Services - Limited
• Request Letter
• Site Plan
• Lot Split Survey
• One Mile Map
• Close -Up Map
• Current Land Use Map
Board of Adjustments
December 4, 2023
Agenda Item 4
BOA-2023-0017 (MEADOWVIEW OF FAYETTEVILLE)
Page 4 of 12
161.18 NS-L, Neighborhood Services - Limited
(A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low
intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with
sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with
surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a
residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two (2) family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 12a
Limited Business
Unit 24
Home occupations
Unit 40
Sidewalk cafes
Unit 41
Accessory dwelling units
Unit 44
Cluster housing development
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating places
Unit 15
Neighborhood shopping goods
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 36
Wireless communication facilities*
Unit 45
Small scale production
(C) Density.
Units per acre I Ten 10 or less
(D) Bulk and Area.
(1) Lot Width Minimum.
Single-family
35 feet
Two 2 family or more
35 feet
All other uses
None
(2) Lot Area Minimum.
Single-family
4,000 square feet
Two (2) family or more
3,000 square feet of lot
area per dwelling unit
All other permitted and conditional uses
None
(E) Setback Regulations.
Front: A build -to zone that is located between 10 and 25
feet from the front property line.
Board of Adjustments
December 4, 2023
Agenda Item 4
BOA-2023-0017 (MEADOWVIEW OF FAYETTEVILLE)
Page 5 of 12
Side 5 feet
Rear 15 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-
20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 6, 8, 1-17-17; Ord. No.
6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§l(Exh. C), 2,
4-20-21; Ord. No. 6658, §8(Exh. G), 5-2-23)
Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset
Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by
Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior
to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination
section."
Board of Adjustments
December 4, 2023
Agenda Item 4
BOA-2023-0017 (MEADOWVIEW OF FAYETTEVILLE)
Page 6 of 12
Board of Adjustment — (618 N Rupple) MEADOWVIEW OF FAYETTEVILLE
1a. Proposed Building Size — 157,610 sf
1b. Parking Spaces — 90 (See site plan)
1c. Variance being requested — street frontage requirement
1d. i. — Due to the size of the property (approximately 10 acres) and the cost of the land, we are proposing to split the
lot into two, and allow us to build a senior housing complex on the rear parcel with an easement to the street.
1d. ii. — Requiring 35' of frontage is not possible and location of our property is comparable with neighboring businesses
like the Boys and Girls Club.
1d. iii. — The special conditions and circumstances do not result from an action on our behalf except that we cannot
afford to purchase the remaining 4 acres and still make a viable project.
1d. iv. — We understand that approval of this variance will not confer on us any special privilege that is denied by this
ordinance to other lands, structures or buildings in the same district.
2, Site Plan — See Attached
3. Legal description —
SURVEY DESCRIPTION — TRACT 2:
PART OF TRACT 3A OF LOT SPLIT 2020-20940, SAID TRACT BEING PART OF TRACT 3 OF THE FINAL
PLAT FOR WHM LAND INVESTMENTS, INC. AS FILED IN THE WASHINGTON COUNTY RECORDS, CITY
OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 3A, SAID POINT BEING A FOUND 1/2
INCH IRON PIN WITH CAP "PLS 1010"; THENCE ALONG THE NORTH LINE OF SAID TRACT 3A,
S87014'00"E A DISTANCE OF 323.52 FEET TO A SET 1/2 INCH IRON PIN WITH CAP "PS 1559"; THENCE
S87014'15"E A DISTANCE OF 187.72 FEET TO THE POINT OF BEGINNING; SAID POINT BEING A SET 1/2
INCH IRON PIN WITH CAP "PS 1559"; THENCE CONTINUING S87014'15"E A DISTANCE OF 228.60 FEET
TO A SET 1/2 INCH IRON PIN WITH CAP "PS 1559"; THENCE S87°40'15"E A DISTANCE OF 330.10 FEET
TO THE NORTHEAST CORNER OF SAID TRACT 3A AND A FOUND 5/8 INCH IRON PIN WITH CAP "PLS
1032"; THENCE LEAVING SAID NORTH LINE AND ALONG THE EAST LINE OF SAID TRACT 3A,
S02033'14"W A DISTANCE OF 463.25 FEET TO THE SOUTHEAST CORNER OF SAID TRACT 3A AND A
FOUND 1/2 INCH IRON PIN WITH CAP "PLS 366"; THENCE LEAVING SAID EAST LINE AND ALONG THE
SOUTH LINE OF SAID TRACT 3A, N88032'32"W A DISTANCE OF 558.80 FEET TO A SET 1/2 INCH IRON
PIN WITH CAP "PS 1559"; THENCE LEAVING SAID SOUTH LINE, NO2°33'14"E A DISTANCE OF 473.48
FEET TO THE POINT OF BEGINNING, CONTAINING 6.00 ACRES, MORE OR LESS, AND SUBJECT TO
ALL RIGHTS -OF -WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD AND FACT.
Board of Adjustments
December 4, 2023
Agenda Item 4
BOA-2023-0017 (MEADOWVIEW OF FAYETTEVILLE)
Page 7 of 12
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December 4, 2023
--------------------------------------------J
Agenda Item 4
BOA-2023-0017 (MEADOWVIEW OF FAYETTEVILLE)
Page 8 of 12
-- - - - - RUPPLE ROAD
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Boarc of Adjustments
DEce ber4,2023
A enda Item 4
AJETTEVILLE)
aae 9 of 12
BOA-2023-0017 (MEADOWVIEW OF FAYETTEVILLE)
Page 10 of 12
BOA-2023-0017 (MEADOWVIEW OF FAYETTEVILLE)
Page 11 of 12
BOA-2023-0017 SOUTH OF 870 N. RUPPLE RD _
Current Land Use NORTH
LU
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Single -Family Residential Industrial f
Subject Property
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LIMIT I,
OWL ANDS DR
!
Regional Link
Alley
Residential Link
■ ■ Planned Residential Link
— — — Trail (Proposed)
i� Planning Area
Fayetteville City Limits
y:
Undeveloped
Feet
0 112.5 225 450
1:3,600
1 ,! x I
r..! I
FEMA Flood Hazard Data
100=Year Floodplain
Floodway
675 900
Board of AdjL stments
Decembei 4, 2023
Item 4
BOA-2023-0017 (MEADOWVIEW OF FAYETTEVILLE)
Page 12 of 12