HomeMy WebLinkAbout2023-01-09 - Agendas - FinalCITY OF
FAYETTEVILLE
W4ff ARKANSAS
Board of Adjustment Meeting
January 9, 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: Ryan Umberger, Senior Planner
Call to Order
Roll Call
1. Approval of the minutes from the November 7th, 2022 meeting.
Unfinished Business:
None.
New Business:
2. BOA-2022-0024: Board of Adjustment (822 N. GARLAND AVE/OSMENT INVESTMENTS,
444): Submitted by OLSSON for property located at 822 N. GARLAND AVE. The property is
zoned CS, COMMUNITY SERVICES and contains approximately 0.10 acres. The request is for
a variance to the front setback requirement.
Planner: Jessie Masters
3. BOA-2022-0025: (NORTH OF 1900 W CUSTER LN/STRICKLIN, 598): Submitted by
COMMUNITY BY DESIGN for property located at NORTH OF 1900 W. CUSTER LN. The
property is zoned RI-U, RESIDENTIAL INTERMEDIATE - URBAN and contains approximately
3.10 acres. The request is for a variance to the minimum lot width requirement.
Planner: Gretchen Harrison
Announcements
Adjourn
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.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
FAYETTEVILLE
ARKANSAS
Board of Adjustment Meeting
November 7, 2022
3:45 PM
113 W. Mountain, Room 219
MEETING MINUTES
NOTE: The November 7, 2022 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: Blake Pennington
Call to Order: 3:45 PM, Bill Finer (Chair)
Roll Call:
In Attendance: Bill Finer (Chair), Lindsey Steiger -Muck, Erin Adkins-Oury, and Jason Young
Absent: Josh Carson
Staff: Ryan Umberger, Planner
1. Approval of the minutes from the October 3, 2022 meeting.
Motion:
Board Member Adkins-Oury made a motion to approve the October 3, 2022 minutes, with
Young seconding. Upon roll call the motion passed with a vote of 4-0-0.
Unfinished Business:
None.
New Business:
2. BOA-2022-0023: Board of Adjustment Board of Adjustment (415 W. SWALLOW
CIR/GRUBBS, 211): Submitted by RICHARD GRUBBS for property located at 415 W.
SWALLOW CIR. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS
PER ACRE and contains approximately 0.18 acres. The request is for a variance to the required
front setbacks.
Ryan Umberger, Planner: Gave the staff report.
Mailing Address: Board of Adjustments
113 W. Mountain Street www.fayet%'J W-Ar.
Fayetteville, AR 72701 Agenda It m 1
November 7th - Meeting Minutes
Page 1 of 3
Richard Grubbs, Applicant (1215 N. Waverly Way): Stated that he has been renovating the
rental for the last 2 1/2 years and chose to enclose the garage for safety and noise issues.
Explained that the structure would not be expanded in footprint since the enclosure would occur
under the existing roofline. Continued to posit that the renovation may encourage other property
owners in the vicinity to invest in improving their property.
Finer: Complemented the work on the house.
Young: Asked if the building permit under review included enclosing the carport.
Grubbs: Affirmed.
Young: Said it was stated that the building inspector recorded some none compliant work being
done. Asked Mr. Grubbs to elaborate on the nature of the non -compliant work.
Grubbs: Informed the Board that he was first told he didn't need a building permit, before being
notified by a stop -work order that the work would need to be permitted. After a conversation with
the inspector, an application was submitted. During the permit review process, planning staff
discovered that the structure was in the setback area and a Board of Adjustment variance would
be required before the permit could be approved.
Umberger: Stated, the building permit application is what prompted the variance need. The
permit application was submitted on September 1st. and continues to be under review pending
approval of the subject variance.
Adkins-Oury: Requested clarification on a previous 5.71-foot right-of-way dedication to ArDOT.
Grubbs: Explained that right-of-way dedication was required for previous improvements to Gregg
Ave. Suggested when right-of-way dedication is required by the state it is normally not optional.
PUBLIC COMMENT:
None.
Steiger -Muck: Asked if they were to deny the variance, could they still seek the rezoning?
Umberger: Answered there is roughly 46-feet or right-of-way from the centerline of Gregg Ave.
currently. The 2040 Master Street Plan ordinarily requires 33 1/2 feet from -centerline based on
the street classification.
Adkins-Oury: Asked if the structure would be outside the 15-foot front setback if it were applied
to the typical 33 1/2 foot dimension.
Umberger: Stated that he believed it is currently somewhere around 46 feet of right-of-way from
the center of Gregg Ave. Typically with the way that the home is classified we would require 33
'/z feet.
Adkins-Oury: Asked is you added 15 feet onto that 33 feet, would that be incompliance?
Board of Adjustments
January 9, 2Q23
Agenda Item 1
November 7th - Meeting Minutes
Page 2 of 3
Umberger: Stated that he believes that to be right, but can't remember for certain.
Finer: Stated if the right-of-way wasn't about 13 feet more than typical there would be no
encroachment.
Umberger: Clarified the existing and proposed right-of-way dimensions. Affirmed that the
dimensions on the site plan suggest that, if the excess right-of-way were to be vacated, the
structure would likely be outside the 15-foot front setback area. Cautioned that staff support of a
right-of-way vacation could not be assumed given the presence of sidewalks and possible utility
infrastructure.
Adkins-Oury: Asked how far into the right-of-way does the existing infrastructure extend?
Umberger: Said that he doesn't have those numbers with him.
Motion:
Board Member Adkins-Oury made a motion to approve BOA-2022-0023 with conditions as
outline by staff. Board Member Steiger -Muck seconded the motion. Upon roll call the motion
was denied by a vote of 0-4-0.
Announcements:
• NONE
Adjournment Time: 4:13 PM
Submitted by: City Planning Division
Board of Adjustments
January 9, 2W3
Agenda Item 1
November 7th - Meeting Minutes
Page 3 of 3
CITY OF
FAYETTEVILLE
%PF ARKANSAS
BOARD OF ADJUSTMENTS MEMO
TO: Board of Adjustment
FROM: Jessie Masters, Development Review Manager
MEETING DATE: January 9, 2023
SUBJECT: BOA-2022-0024: Board of Adjustment 822 N Garland Avenue (822 N
Garland LLC) 444: Submitted by OLSSON ENGINEERING for property
located at 822 N GARLAND AVENUE. The property is zoned CS,
COMMUNITY SERVICES and contains approximately 0.10 acres. The
request is for a variance to the required front setback.
RECOMMENDATION:
Staff recommends denial of BOA-2022-0024, based on the findings outlined within this staff
report.
RECOMMENDED MOTION:
"I move to deny BOA-2022-0024."
BACKGROUND:
The subject property is located at the southeast corner of N. Garland Avenue and W. Berry Street,
approximately 600 feet north of the University of Arkansas campus. Containing 0.10 acres, the
property is currently developed with a single-family dwelling and is zoned CS, Community
Services. No overlay districts currently govern the property; it is outside of the Hillside Hilltop
Overlay District. The property was rezoned by City Council to CS, Community Services in
December 2022. Surrounding land uses and zoning are listed in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -family Residential
CS, Community Services
South
Single -Family Residential
RMF-40, Residential Multi -Family, 40 Units Per Acre
East
Multi -Family Residential
RMF-40, Residential Multi -Family, 40 Units Per Acre
West
Undeveloped/University of Arkansas
R-O, Residential Office
DISCUSSION:
Request: The applicant requests a variance to reduce the front setback required in the CS,
Community Services zoning district. CS requires a front setback of 10 feet; the applicant is
requesting a front setback of 2.67 feet.
Table 2
Variance Request
Variance Issue
Requirement
Proposed Setback
Variance
Front (north) building setback
10 feet
2.67 feet
7.33 feet
Public Comment: Staff has not received any public comment on this request.
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www,fayettevi I Il Adjustments
January 9, 2023
Agenda Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 1 of 12
RECOMMENDATION: Staff recommends denial of BOA-2022-0024. Should the Board
choose to approve the variance staff recommends the following conditions.
1. Approval of this variance is limited to the request, as described in this report;
2. Approval of this variance does not grant approval of, or entitlement to, any required
permits or development review standards; and
3. Approval of this variance does not represent allowance for additional setback
encroachment.
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied ❑ Tabled
Date: January 9, 2023
Motion: Note:
Second:
Vote:
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 the applicant has not met this requirement. The front setback, per
code section 166.18, is always established by the Master Street Plan right-
of-way, if greater than the existing right-of-way. This is a requirement that
effects all lots in all zoning districts and is not a circumstance unique to this
property. The street section in question is a Residential Link Street, which
typically requires 26-feet from street centerline to be dedicated in
conjunction with a proposed development of this scale. There can be
reductions to the right-of-way granted, some administratively, such as the
removal of the on -street parking lane. These determinations, however, must
be evaluated and approved on a case -by -case basis. Ultimately, if a lesser
dedication of right-of-way is requested, it may require approval from the City
Council. Staff does acknowledge that the narrowness of the site does
Board of Adjustments
January 9, 2023
Agenda Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 2 of 12
present challenges, such as finding enough space for off-street parking,
maneuverability, and allocating for additional space required for a retaining
wall for topographic challenges. This becomes especially apparent when
working to meet the minimum buildable street frontage requirement that
accompanies CS. From a hardship perspective, however, staff finds that
many of the decisions may be self-imposed; for instance, CS does allow for
building heights up to 5 stories, which the applicant has not capitalized on,
and it does allow for a multitude of uses, ranging from single-family, to multi-
family. Staff finds that not granting the variance in this instance does not
render the lot unusable or undevelopable; a shift in development type or a
site redesign could be considered to grant reasonable use of the land.
(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 granting a variance for the front setback is in keeping with the
spirit and intent of certain elements of the zoning ordinance. CS is meant to
be a higher intensity district, with allowances for commercial and other non-
residential uses to provide services with close proximity to residential uses.
The intent of the 10-foot setback in the Community Services zoning district
is to prevent the pedestrian realm from becoming overwhelmed, since the
building height is permitted to be up to 5 stories at the 10-foot setback. In
other zoning districts that allow for taller building heights, there is often a
step -back requirement from the street at heights over 3 stories. As the
applicant intends to develop a three-story building, a reduced front setback
may not undermine the intent of the ordinance.
(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 necessary to develop the
site in a way that is consistent with what the applicant is requesting.
(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.
Board of Adjustments
January 9, 2023
Agenda Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 3 of 12
Attachments:
• Unified Development Code:
o §161.22 Community Services
• Staff Exhibit
• Request Letter and Applicant Exhibits
• One Mile Map
• Close-up Map
• Current Land Use Map
Board of Adjustments
January 9, 2023
Agenda Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 4 of 12
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the
purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this
zoning district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping goods
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
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 permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
Board of Adjustments
January 9, 2023
Agenda Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 5 of 12
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; 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, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord.
No. 6427 , §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21)
Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections
ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void
twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council
amends this ordinance to repeal this sunset, repeal and termination section."
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.
Board of Adjustments
January 9, 2023
Agenda Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 6 of 12
olsson a
Dec 16, 2022
City of Fayetteville
Attn: Board of Adjustments
113 W. Mountain St.
Fayetteville, AR 72701
RE: Proposed Townhouses
822 North Garland Avenue
Variance Request
Dear Board Members,
A developer is proposing to build a new, three-story, 2,980 SF per story, set of Townhouses on
the ±0.1-acre property at 822 N Garland Avenue in Fayetteville, Arkansas.
With 6 two -bedroom units, the raw number of required parking by the city is 12. Through local
transit and bike -rack reductions, the adjusted number of spaces required is 8. The current
proposal is to provide exactly 8, enclosed garage, parking spaces.
Variance Request
The site is posed with a difficult issue of its very narrow depth, coupled with a considerably
steep average site slope of 10 percent.
Additionally, conformance with Fayetteville's Master Street plan has impacted the northern
property line. Matching the Master Street plan's design and Right -of -Way requirements causes
the property line to shift south by 3.33 feet. This directly impacts the Community Services
zoning setback requirements. Ch. 161.22-E establishes a build -to zone that will be reduced
because of the property line shift. As shown in the attached exhibit, a site depth of roughly 37
feet is all that is available for the proposed building type and parking. In conjunction, due to the
parking requirements, it is necessary for the townhouses to provide garaged parking, thus
needing a rear drive aisle. This further forces the site forward and closer to the road within the
setback.
Community Services Zoning, especially in the surrounding area, is geared towards the
accommodation of services, commercial or residential, to an area in need of development. The
addition of these multi -family townhomes would very much embody that principle. With an urban
form being the primary focus of this zoning and surrounding area, the reduction of the setback
would bring the building closer to the street, accomplishing said focus, and following suit with
similar developments close by. With all this in mind, we request the minimum variance
Board of Adjustments
302 E. Millsap Road / Fayetteville, AAWL4933, 2023
O 479.443.3404 / olss&I. Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 7 of 12
necessary, reducing the front of the setback zone on the north side by 7.67 ft towards the ROW
to allow for reasonable and effective use of this land for its respective zoning.
Should you have any questions, please contact me at 501.733.2240 or at mloos@olsson.com.
Sincerely,
Ma hew
Olsson Project Manager
Board of Adjustments
302 E. Millsap Road / Fayetteville, AAWL4933, 2023
O 479.443.3404 / olss&I. Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 8 of 12
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Agenda Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 9 of 12
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Agenda Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 10 of 12
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Agenda Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 11 of 12
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Agenda Item 2
BOA-2022-0024 (822 N GARLAND LLC)
Page 12 of 12
CITY OF
FAYETTEVILLE
ARKANSAS
BOARD OF ADJUSTMENTS MEMO
TO: Board of Adjustment
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: January 9, 2023
SUBJECT: BOA-2022-0025: Board of Adjustment (NORTH OF 1900 W. CUSTER
LN./STRICKLIN, 598): Submitted by COMMUNITY BY DESIGN for
property located NORTH OF 1900 W. CUSTER LN. The property is zoned
RI-U, RESIDENTIAL INTERMEDIATE -URBAN and contains
approximately 3.10 acres. The request is for a variance to the minimum lot
width requirement.
RECOMMENDATION:
Staff recommends approval of BOA-2022-0025 based on the findings outlined in this report.
RECOMMENDED MOTION:
"1 move to approve BOA-2022-0025."
BACKGROUND:
The subject property is in southwest Fayetteville on the east side of Custer Lane, approximately
300 feet south of the street's intersection with 18t" Street. The property contains three lots totaling
roughly 3.10 acres which were recently rezoned to RI-U, Residential Intermediate -Urban. The
property is located within the Fayette Junction Neighborhood Plan area and the 1-540 Overlay
District. The site is undeveloped and largely covered by mature tree canopy, though there are
overhead electric lines present along the westernmost side of the property. A protected stream
bisects the property and its associated protection zone encumbers roughly half of the site.
Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Residential
C-1, Neighborhood Commercial
South
Residential
RSF-4, Residential Single -Family, 4 Unit per Acre
East
Residential
RSF-4, Residential Single -Family, 4 Unit per Acre
West
Residential
RSF-1, Residential Single -Family, 1 Unit per Acre;
RSF-4, Residential Single -Family, 4 Unit per Acre
DISCUSSION:
Request: As shown in Table 2, a variance from the RI-U zoning district's lot width minimum has
been requested as part of a proposed lot split. The split would create five lots where three currently
exist. Presently, only one lot has street frontage, totaling 89 linear feet, and the proposed lot split
would create four lots with 18 linear feet of street frontage, and one lot with 17 linear feet of street
Mailing Address: Board of Adjustments
113 W. Mountain Street www.fayet%'JPR@'--Ar.
Fayetteville, AR 72701 Agenda It m 3
BOA-2022-0025 (STRICKLIN)
Page 1 of 13
frontage. Since the RI-U zoning district has a lot width minimum of 18 feet, and one new lot with
17 feet of frontage is proposed, a variance from the minimum lot width requirement is needed.
Table 2:
Variance Reauest
Variance Issue
Requirement
Existing Lot Width
Proposed Lot Width
Variance
Lot width
18 feet
89 feet
17 feet 18 feet
1 foot
(one lot) (four lots)
Public Comment: Staff has received no public comment regarding this request.
RECOMMENDATION: Staff recommends approval of BOA-2022-0025 with the following
conditions of approval:
Conditions of Approval:
1. Approval of this variance is limited to the lot width minimum variance as described
in Table 2 and throughout this report;
2. Access to all resultant lots shall be limited to one shared driveway, with an access
easement dedicated as part of the associated lot split, and
3. Approval of this variance does not grant approval or entitlement to any other zoning
or development variances, nor does it grant approval of the associated lot split.
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied ❑ Tabled
Date: January 9, 2023
Motion: Note:
Second:
Vote:
FUTURE LAND USE PLAN DESIGNATION: The City Plan 2040 Future Land Use Plan
designates this site as a Residential Neighborhood area located within the Fayette Junction
Neighborhood Plan area.
FINDINGS OF THE STAFF
§156.02. VARIANCES, ZONING REGULATIONS.
(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 meeting the criteria for undue hardship due
to circumstances unique to the property under consideration. The west side
Board of Adjustments
January 9, 2023
Agenda Item 3
BOA-2022-0025 (STRICKLIN)
Page 2 of 13
of the property is fully encumbered by overhead electric transmission lines
which are overlaid by a 100-foot-wide utility easement. The presence of the
overhead lines and utility easement render the property's build -to zone
unbuildable, thus discouraging development near the property's frontage in
line with the intent of the RI-U zoning district. The developable area on site
is further limited by a streamside protection zone, which encumbers roughly
half of the property. So, while the property contains a total of 3.10 acres, only
about 0.70 acres is considered buildable. The buildable area is primarily
concentrated in the southeast corner of the property, which is furthest away
from the property's frontage. The applicant has shared an intent to develop
a small grouping of five residential buildings arranged around a courtyard in
this area, noting that they would like to create five lots to allow for fee simple
financing sales. Staff finds that granting this variance would allow the
applicant to maximize the buildable area on a site that is largely encumbered
by utilities and natural features, in a zoning district that has no density
maximum or lot area minimum.
(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 the applicant has demonstrated how the granting of this
variance would be in keeping with the spirit and intent of the zoning
ordinance. The subject property currently has a lot width of 89 feet, and the
proposed lot split would result in four lots with 18 feet of street frontage and
one lot with 17 feet of street frontage. Since the resulting nonconforming lot
would only be one foot shy of meeting the lot width minimum requirement,
and access between all lots would be shared, staff finds that granting this
variance would be in keeping with the spirit and intent of the zoning
ordinance. Allowing for the creation of one lot with insufficient street
frontage would allow the applicant to maximize the developable portion of
this property, thus permitting and encouraging the creation of detached
and/or attached dwellings in a suitable environment.
(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 subdivide or develop their property without seeking a variance.
Creating a tandem lot or a cluster housing development would allow the
applicant to create a lot with insufficient street frontage and develop the
property as proposed, though it would subject them to additional
development restrictions and requirements. The applicant has indicated that
the variance under consideration is the minimum necessary to make
reasonable use of their 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 requested variance, staff has
recommended conditions of approval as outlined above.
Board of Adjustments
January 9, 2023
Agenda Item 3
BOA-2022-0025 (STRICKLIN)
Page 3 of 13
(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:
• Unified Development Code:
o UDC §161.12 - District RI-U, Residential Intermediate - Urban
• Request Letter
• Applicant Exhibit
• Staff Exhibit
• One Mile Map
• Close -Up Map
• Current Land Use Map
Board of Adjustments
January 9, 2023
Agenda Item 3
BOA-2022-0025 (STRICKLIN)
Page 4 of 13
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-
family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(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 41
Accessory dwellings
Unit 44
Cluster housing development
Unit 46
Short-term rentals
(2) 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 12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling all types)
Lot width minimum
18 feet
Lot area minimum
None
(E) Setback Requirements.
Front
Side Other
Side Single &
Rear Other
Rear, from
Uses
Two 2 Family
Uses
centerline of an alley
A build -to zone that is located
None
5 feet
5 feet
12 feet
between the front property,
line and a line 25 feet from the
front property line.
(F) Building Height Regulations.
Building height maximum 2 stories/3 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. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% 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.
(Ord. No. 5945 , §5(Exh. A), 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)
Board of Adjustments
January 9, 2023
Agenda Item 3
BOA-2022-0025 (STRICKLIN)
Page 5 of 13
community-1--design
WW.Ft i
TOWN PLANNING.URBAN ENGINEERING
December 19, 2022
Via EnerGov
Mr. Ryan Umberger
City of Fayetteville — Senior Planner
125 W. Mountain Street
Fayetteville, AR 72701
Custer Lane — Variance Request
Mr. Umberger,
Please allow this letter to serve as a variance request from the zoning regulations set forth in Chapter 161 of the City of
Fayetteville Unified Development Code, specifically 161.12(D) Bulk and Area Regulations. The property, Washington
County Parcels 765-09853-000, 765-04067-000, and 765-04068-000, contain 3.11 acres and is zoned RI-U Residential
Intermediate Urban.
The request is to allow 1 new lot that has 17' of street frontage when a minimum of 18' is required. The attached proposed
tract split would create 5 lots on the property when currently 3 exist. The property has 89' of street frontage on Custer
Lane, 1' shy of the required 90' of street frontage for 5 lots.
The property presents multiple challenges for development. Most note able is the overhead electric transmission lines that
make the west side of the property not buildable. The drainage that traverses the property from south to north also presents
challenges. We have though developed a plan for a small grouping of 5 residential buildings arranged around a courtyard
in the southeast corner of the property.
The small scale of the homes that will be proposed is in accordance with the spirit and intent of the zoning district which
encourages such in lieu of large apartment buildings. Granting of the variance would make it possible for each of the 5
buildings to be on separate lots, creating the potential for fee simple financing sales.
Thank you for considering this request. Please let me know if you have questions or if additional information is needed.
Sincerely,
Brian Teague
Community By Design
100 West Center Street Suite 300
F ay ett evi 1k8re4,J�Aaj?,7,Qejnts
4 7 9 ..1a9" 7, R023
Agenda Item 3
BOA-2022-0025 (STRICKLIN)
Page 6 of 13
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Page 7 of 13
TRACT SPLIT (PAGE 2 OF 2)
ACTSP2'I-
S
3-000
1-000
CEL#765-09853— V
r
'12"33'S5" W R9.18'=
E (PER 3423)—I 'D �
ADJACENT LAND OWNERS
1) BREWCREW PROPERTIES LLC
4008 S ELM PLACE STE A
BROKEN ARROW, ON 74011
PARCELS #]65-09852-000 & #]65-09851-000
ZONED: C-2
2) ARNOLD, WANDA MAE REVOCABLE LIVING TRUST
I831 W I—ST
PARCELS #765-(4068-001 & #765-04066-0.
ZONED: C-1 & RSF4
3) MYER, MARK ODELL
4098 N SALEM RD
PARCEL#765-09861-OW
ZONED: RSF4
4) KUHLMAN PROPERTIES LLC
1401 SW 14TH STREET STL 3
PARCEL #]65-09860-OW
ZONED: RSF4
5) DILL, SAMANTHA M—SON
1924 W ARROWHEAD ST
PARCEL #765 0 859 ON
ZONED: RSF-0
6) HURST, LEONARD H;
WINNING EDGE PROPERTIES LLC
ROGERS, AR 72756
PARCEL #]65-09858-000
ZONED: RSF-0
]) PRINCE, KYLE
1952 W CUSTER LN
PARCEL #]65-0985]-OW
ZONED: RSF-0
8) BRANDT, JULIE B
1944 W CUSTER LN
FAYETTEVILLE, AR 72701
PARCEL #]65-09856-OW
ZONED: RSF4
9) BLAIR,1 B; BLAIR, IUELENA M;
BLAIR, JAMES B; GOAD, ANGELIA F
1920 W CUSTER LN
FAYETTEVILLE, AR ]2]01
PARCEL 4]65-09855-OW
ZONED: RSF-0
10) MEEGAN, MAKYNNA & TEVA
1900 W CUSTER LN
FAYETTEVILLE, AR 72701
PARCEL #]65-09854-OW
ZONED: RSF-0
11) MARKS, TIMOTHY ERIC & LORI L
PO BOX 899
FARMINGTON, AR 72730
PARCEL #]65-098]I-OW
ZONED: RSF-0
12) ROBBINS, ANITA
I87
5 W CUSTER LN
FAYETTEVILLE, AR ]2]01
PARCEL #]65-098]0-OW
ZONED: RSF-0
13) MARKS, TIMOTHY ERIC
PO BOX 899
Ek WGTON, AR 72730
PARCEL #765-09869-0.
ZONED: C-2
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Page 8 of 13
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LINE BEARING DISTANCE
LI N(EINY48"E 4,12'
12 S 8]°09D F E 20.0E
L3 N 87°I9'35" W 14.W
IA N42°5 F50"W 2078'
L5 N8]°19'35"W UTI,
L6 N42°5TSVW 6.51'
L! N8]°19'35"W 18.16'
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FIELD NVONUK PROPERTY ZONED:
SEPTEMBER 1. 2023 9' & 22-23, 2022 RED
ETBACKS
OPSOBSERVATION-ARNORTHZONE BASIS OF BEARERI FROM BUILDING 25R (BUILD-iO-ZONE)
NADROL05)-HORIZONTALMIUM 00500R(OTERM ME)
(SINGLE & TWO FAMILY)
REAR OZ A(OTHER USES)
REAR RI FROM GL OF AN ALLEY)
REFERENCE DOCUMENFFS�
1)FINAL PLAT OF O. 2 SUBDVISION FILED IN BOOK 3 AT PAGE 423
2) FINAL PLAT OF CORNEGUS BUBDIVISION FILED IN BOOK I AT PAGE III
3) FINAL PLAT OF THE REPEAT OF LOT51 9, BLOCK I OF ED ARROW NO.1
5) WARRANTY DE
REBAR THENCE Ie 9'00"E 20.0E TO AN EXISTING PUMP, THENCE N0 3.sm"E 133,59TO AN EXISTING REBAR, THENCE SO-15115^E 263
EXISTENGREBAILTHENCES02°4O'38"W451.50TOAry EXISTINGEBAKTH EN86°2435`W238.81'MANEXISTINGE ,THENCEN
AN n
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OU
RIGHT-OF-WAY ON THE WEST SIDE OF HEM DESCRIBED TRACE AND ALSO SUBJECT ALL OTHER EASEMENTS AND RIGHTSOF WAIN
APARTOFLOT4,BLOCKLRFDARROWNO. 2,ASUBDVISIONTOTECDYOFFA MFtt LEARKANSAS,ASSHOWNONPLATOFM
REBAR MARKING THE NORTHWEST CORNEROF SAID LOT 4 AND RUNNING THENCE S8]°22'30"E 129.94' TO AN EXISTING REBAR, THENC
TO AN EXISTING REBAR, THENCE S8]°09'00'E 2001• TO AN EXISTING EBAR THENCPN02°35'20"E 133 59' M AN EXISTING EBAR. THEM
263,40' TO AN EXISTMGEBAR, THENCE S02°4068'W 2]3.]2', THENCE S5]°39'45"W 112.62', THENCE NI2 N'15'W 95.29', THENCE ALONG A I
APARTOFLOT4,BLOCK1,UDARROWN02,ASUBDIVISIONTOTHECITYOFFAME ILLS,ARKANSASASSHOWNONPLATOFRECORD M PLAT
BOOK 3 AT PAGE 423 OF THE PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS AND ALSO A PART OF LOTS 11 12 AND 13 OF CORNELIUS
SUBDIVISION TO THE CITY OF FAYETTEVILLE, AS PER PLAT OF SAID SUBDIVISION ON FILE M THE OFFICE OF THE CIRCUIT CLERK AND E FFICIO
RECORDER OF WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO -WIT: BEGINNING ATA POINT WHICx
IS S02°3A'13"W,60 FROM AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT4 AND RUNNING THENCE BB]°22'30"E 69.63', THENCE
S42°5150"E6.51'. THENCE S8]°19'35"E IS.16'. THENCE ALONG A CURVETO THE RIGHT HAVMG A RADIUS OF 2N.W FORA CHORD BEARING AND DIBTANCF
OF859°49'55"E188.36 THENCES32°20'I5"E146.29' THENCEN5]°39'45"EM,89',THENCES02°40'38"W 115.51'TOANEXISTMGREBAR THENCEN86°N'35"W
HENCE N32°2E IS'W [0.29, THENCE ALONG A CURVEW THE LEFT HAVMG A RADIUS OF ]96,M' FORA CHORD
BE
TO DUE
POINTFRECHWESNING.SIDE OF EEM G OIEI ACEsDESCRIBED �MOE ONK LESS. 5 BJECTT TO THAT PORTION INNCWEST CUSTER6LANE MASTER S'FREE
RIGHT OF WAYONIi CT PLAI.'
AND ALSO SUBFPCT TO ALL OTHER EAREMENETS AND PUGMS-O OF RECORD.
A 'EART OF LOT 4, BLOCK 1, RED ARROW NO. 2, A SUBDIVISION TO ME CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON FLAT OF RECORD IN PLAT
RECO OF WASHINGTON COUNTY, ARKANSA , ALL BEING MORE PARTICULARLY DEECRIBED AS FOLLOWS, _WIF RSHNNNH. ATA
IS S02P
_ 54 NE FROM AN E ARRG FEE NORTHWEST CORNER OF SAID LOT 4 AND — THENCE NP7''E CP, THENCE
FH
RIGHT- FWAY ON TPOINT OF HE WEST SIDE OF HIMSELF RUN 25 DESCRi DESCRIBED TRMORE OR ACTAANDCALSO SUBJECT TO ALL OTHER EASEMOENTS TO THAT PORTION IN WEST CUSTER AND RIGHTSMASTER -OF-WAY OF REOCROTxI.
OETPLANF RECORD.
AlAl '.
A PART OF LOT4, BLOCK RED ARROW N0.O A SUBDIVISION TO THE CITY OF SAS AND ALSO APART OF LOTS
SHOWN ON PLAT OF RECORD M PLAT
BOOK3ATPAGE 423 OFTHEPLATRECORDSE, WASHINGTON PLAT
OCOUNTY,ARKANSASANDALSO APARTOFLOTSIL12AND13OFCORNELI-O
SUBDIVISIONTOTHECITY NGTN OUNT,ARKE,AS PERPLATOF SAID SUBDIVISIONON FILE MTEE AS MEOFTHECIRCUITCLERKANDE—INTO
RECORDER OF WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT THENCEGMNMG ATA PoTH THENCE
ISE02°24T3"W R.Ob FROM AN EXISTING EBAR MARKING THE NORTHWEST CORNER OF SAID LOT4 AND RUNNING THENCE SB]°22'30'E 61.63', THENCE
22.06, THENCE BS]°19'll"E 14.89', THENCE ALONG A CURVET.-EM—HAVMG ARADIUS OF 188...R A CHORD BEARING AND DISTANCE.
OF I'll41"I
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WE, THE UNDERSIGNED OWNERS. REPRESENTING ONE HUNDRED PERCENT UOYK) OWNERSHIP OF THE REAL ESTATE SHOWN AND DESCRIBED "1", DO HEREBY
DEDICATE FOR PUBLIC OWNERSHIP, ALL STREETS AND ALLEYS AS SHOWN ON THIS PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW. Txx OWNERS ALSO
ISION
Y HOLDING A FRANCHISE
By MECIWO FAY
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PTRICEINS AD THE
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HATFIELD, AR 7
1945
(ALL PARCEES) DATE OF EXECUTI
SIGN
PLATPAUEFNDEX. LAND SURVEYOR
598
( SEATS OF ARKANSAS
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VOPoRTIONOFTHIS PROPERTY IS LOCATED WITHIN FLOOD ZONE"A"OR"AE"AS
OBTEEMMTH ED BY E NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE _HP —HE
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Board of Adjustr
January 9,
BOA-2022-0025 (STRICKLIN)
Page 9 of 13
STAFF EXHIBIT:
UNBUILDABLE AREA
TRACT SPLIT (PAGE 2 OF 2) ADIACENTIanoua. 1
1) BREWCREW PROPERTIES LI (
-" tl PARENT TRACTS %/ /`*/m / / ' �,/ / / i- 40M S ELM PEACE STEA
Ofl 'V O= Q? BROKEN ARROW, OR 74011
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x 765-09853-000 b¢ / / / �S9 O}�' GQN I =� 2 ARNOLD, WANDA MAE REVOCABLE LIVING TRUST
a #765-04067-000 j �� / �`0 �s�4' �¢/qo 2�' �� IA37 W I —SE
xI / #765-04068-000 �g �/ / O 4 ,O FAYETTEVFELL, AR 72701
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3) MYER, MARK ODELL
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G O $ / E:66554].64 BENTONVILLE,AR72712
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ry \y ROGERS, AR 72756
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t 0.0' 1900 W CUSTER LN
CEL#765-09853-000 V / FAYETTBVILLE, AR 72701
PARCEL #]65-09854-OW
250 _ I ZONED: RSF-0
11) MARKS, TIMOTHY ERIC & LORI L
PO BOX 899
FARMINGTON, AR 72730
/ \------- / / / PARCEL #765-09871-OW
ZONED: RSF-0
12) ROBBINS, ANITA
\ \ ACC ES& UT LEFY TRACT 1 , x 1875 W CUSTER LN
/ FAYETTEVILLE, AR ]2]01
C•, EASEMENT 1.68 ACRES+/- $ PARCEL#765-09870-OW
32"33'11 W 89.18' PER THIS PLAT _ x ZONED: RSF-0
—I i 13) MARKS, TIMOTHY ERIC
_ C3 / PARCEL#765-04067-000 $ EDD Box89FA INGTON, AR 72730
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..... @-.ONETFR- January 9, 202
gen a em 3
BOA-2022-0025 (STRICKLIN)
Page 10 of 13
BOA-2022-0025 NORTH OF 1900 W. CUSTER
One Mile View LN NORTH
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Agenda Item 3
BOA-2022-0025 (STRICKLIN)
Page 11 of 13
BOA-2022-0025 NORTH OF 1900 W. CUSTER
Close Up View L N
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- - - Shared -Use Paved Trail 0 75 150 300 450 600 C-2
— — Trail (Proposed) M Urban Thoroughfare
_ _ I Design Overlay District 1 ' 2,400 P-1 Board of Adjustme
Agenda Item 3
BOA-2022-0025 (STRICKLIN)
Page 12 of 13
Agenda Item 3
BOA-2022-0025 (STRICKLIN)
Page 13 of 13