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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. 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GARLAND AVE One Mile View NORTH I � 0 0.13 0.25 0.5 Miles I > � I • I � IRI-12 Z • RSF-18 J I I � • I • • RMF-24 � I-1 W W C-2 Q ■ CS G C-1 �GrO�y� Subject Property , RSF-4 I R O �r� I ! 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GARLAND AVE aid �WEDINGTON, x W a— z z a J a , P-1 �� U, W Q l0 z NORTH Neighborhood Link RSF-4 Regional Link - High Activity - RW — Unclassified RMF-24 — Alley RMF-40 — Residential Link ® Hillside -Hilltop Overlay District Feet Residential -Office i Planning Area C-1 _ 1 Fayetteville City Limits 0 75 150 300 450 600 M C-2 Shared -Use Paved Trail 1 ' 2 M Community Services — — Trail (Proposed) ,400 in P-1 Board of AdiL Agenda Item 2 BOA-2022-0024 (822 N GARLAND LLC) Page 11 of 12 BOA-2022-0024 Current Land Use I a � Lnr 1 C *r T r. ATL '� 1 822 N. GARLAND AVE NORTH 0, . Zone Z AE Av �I R 1 —O� P I S • of �: WEDINGTON DR 1� -- NORTH ST - F Multi -Family Residential UJI -�- , Undeveloped z Multi -Family Residential T11'..,LU ;r MC f+-rfdlcrT � i s t F -E �.��. Q 12 Jter• _ 1 tQ Multi -Family Residential - CLEVELAND`ST 1 f a . NIWYtitY IrrHlf liE � e � 1 � v _ 6 I I I i l l d IN t 11 [Flltgl Ji a ®■ � I I I � .. a � I ., • e 11 O 9 - F ..: !IN! le . ""'"" . F% r 1 � a! : n I>_ Neighborhood Link FEMA Flood Hazard Data IIIIIIII Institutional Master Plan Regional Link- High Activity 100-Year Floodplain Unclassified Alley Feet Floodway Residential Link — — - Trail (Proposed) 0 112.5 225 450 675 900 r -I Planning AreaZZ 1:3,600 0 1 Fayetteville City Limits _ _ Board of Adjustme t; 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 OI{ POE RAIE •,,• 4 5& _� ASSOCIATES, INC. y= 2 TRACT SPLIT (PAGE I OF 2) 8 i i Q8o �X_x_x_x_x_x_x_xJ U Q 3 m EXISTING x HOUSE X CAP CONCRETE DRIVE, x / X-XJ / x7xl CONCRETE EXISTING �i HOUSE I � CoRNER x �II ax / cl T4,BLOCKI -xM� / / D floss 0.2 I CAP i11005 d+t oq/p4 cAP#100 S 8]°22'30" E 129.,4 /*/ 04/ POB -_ - - - - _ _ .'Ji L2 TRACT2 ]0'U.� ER N8]°22'30" W 62.80' 4/ / PARCEL 765-09853-000 g 7I!S%/19'35"E9239'3y w� N87°22'30"W69.63'"mq/ C3 / I I � t I..... c - /A I ,g/ OX LS /CT 31 25'B.TT..Z. L] Z o4'l� N 8]°22'30" W 68.64' Y0 I L9 Ne7°l915"W 92.29' 1 102°33'55"W 89.18' N 8]°22'30" W 61.63'h- g / jl P H S I. / 10' O.B. (PER 3-023)-� CTS � S -- -- �- -5a I /FOR, I-N8]°IB•12"W 129.10' -x- x -x -x - x 1 LINE TABLE LINE BEARING DISTANCE LI NO2N5N8'E 4,12' L s 8]°09'OO•• a 20.01' L3 N 87°I9'35" W 14.W IA N42°51.50"W 2078' L5 N8]°19'35"W HLI, L6 N42°5F5VW 6.51' L! N8]°19'5"W 18.16' L9 N 8]°I9'35" W 14.89' LIO S48-IX41"W 22FY $TO M.S.P. R/W PERT IS PLAT /A' 11 1g� Q TCHHD) ON 4 II S (HA SHED � '%i III i PJ(ISTMG 04j O y gti HOUSE aq/ CW�V / q a4 0 m �k -�. CODRIVE E O Q N� SH z' 13 I� I� EXISTING HOUSE O IIIII�1�' ry L x x-x-S- 2" x FIE N 8]°3]'53" E 5.32' CURVE C] RADIUS 212.00' ARCLENGTH 203.46' CHORDLENGTH 195.]4' CHORD BP.ARHNG N59°49'55"W DELTA ANGLE 54°59'19" TANGENT 110.33' C2 C3 204.00 19fi.00' 195.]9 I88.11' 1 18836 180.9]' N59°49'S5"W N59°49'55"W 54°59'19" 54°59'19" 106.1]' 102.01' C 1188.W 180.43' 1173.58' IN59°49'55"W 54°59'19" 9].84' 15 IC; 222.00' 1]B.OU 213.W' 1]0.83' 2. 98' 1FF35' s59°49.55"E IN59°49'55•'W 5a°59'19" 54°59'19" 11554' 92.64' FIELD WCHOK PROPERTYAUGUST ­2, 15 ZONED: SEPTEMBER 1. 2023 9' & 22-23, 2022 RED ETROCKS OPSOBSERVATION-ARNORTHZONE BASIS OF BEAREED, FROM BUILDING 25B (BUILD-iO-ZONE) NADIDLO5)-HOMEONTALDATUM 00500R(OTHERUSEB) (SINGLE & TWO FAMILY) STAR OZ A(OTHER USES) REAR RHROM C/L OF AN ALLEY) REFFERENCE DOCUMENTS 1)FINAL PLAN OF O. 2 SUBDIVISION FILED IN BOOK 3 AT PAGE 423 2) FINAL PLAT OF CORNEGUS SUBDIVISION PILED M BOOK 1 AT PAGE2]5 3) FINAL PLAT OF THE REPLAY OF LOTS 1 9, BLOCK I OF RED ARROW NO.1 5) WARRANTY DB REBAR THENCE 58]°09'o0T 20.0E TO AN EXISTING REBAR, THENCE NO2°35m"E 133,59TO AN EXISTING REBAR, THENCE S87°15'15^E M3 BAn RR,THENCES02°4O'38'W451.50TOAry EXISTINGREBAKTHENCEN86°24'35'W238.81'MANEXISTINGR ,THENCEN AN TO CEN RME POINT OF BEG IGHT-oF-VlFYON NG,CAH NG3.108ACE5, MOEIOR LEss SU9mCTCTO THAT PORTION IN WEST USTER LANE MASTER SON WEST SIDE OF HEREIN DESTRIBED TRACT AND ALSO SUBLECT ALL OTHER EASEMENTS AND FUGH-OF-WAY APARTOFLOT4,BLOCKLRFDARROWNO. 2,ASUBDIVISIONTOTHECIWOFFA MFtt LEARKANSAS,ASSHOWNONPLATOFM REBAR MARKING THE NORTHWEST CORNEROF SAID LOT 4 AND RUNNING THENCE S87°22'30"E 129.94' TO AN EXISTING REBAR, THENC TOANEXISTINGREBAR,THENCES8709'00"E2001•TO ANE 11 GREBARTHENCPN02°35'20"E13359•MANEXISTINGEBAR.THEM 263,40' TO AN EXISTING REBAR, THENCE AUN008"W 273 ]2', THENCE S57°3945"W 11262', THENCE N32°20'15"W 95.29', THENCE ALONG A, A RTOFLOT4,BLOCKI,REDARROWN0.2,ASUBDIVISIONTOTHECITYOFFA ME ILLS,ARKANSAS,ASSHOWNONPLATOFRECORDMPLAT 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 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-0FFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO -WIT: BEGINNING ATA POINT WHICx IS S02°3A'13"W XET FROM AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT4 AND RUNNING THENCE SB]°22'30°E 69.63', THENCE 542°51'SET 6.51'. THENCE SS]°19'35"E 18.16'. THENCE ALONG A CURVETO THE RIGHT HAVMG A RADIUS OF 2N.W FORA CHORD BEARING AND DISTANCF OFS5SN 55"E188.36 THENCES32°20'I5"E146.29' THENCEN5T°39'45°EM,89',THENCES02°40'38°W 115.51'TOANEXISTMGREBAR THENCEN86°N'35"W ENCE N32°2E IS°W [0.29, THENCE ALONG A URVEW THE LEFT HAVMG A RADIUS OF ]96,M' FORA CHORD BE RIGHTTO OF US P' TF1ECHWESNING.SIDE OF EEMG OIEI ACRES, M OReLESS.S 91ECTT TO THAT PORTION INWESTMILLERLANEMASTER S'FREEi PLAI.' RECORDEROFRAFFINGTON 0- ARKANSAS, ALL BEING MORE =l=M =TND AS FOLLOWS, TOLWNT BEGRENTENEGATA E_U_ I TH EN TH AND RIGHT DESCRIBED — AND ALSO MUDECT TO ALL OTHER PAIENENTS AND .--OF— OF RECCED. QF WAY ON THE WEST SIDE OF HEREMSDESCRi ED TRACT AND ALSO SOBB3ECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -RAY OF REOURO TxI. RIGHTS -OF -RAY RECORD. RAC' S' A PART OF LOT4 BLOCK H RED ARROW N0.O A SUBDIVISION TO THE CITY OF SAS AND ALSO APART OF LOTS SHOWN ON PLAT OF RECORD M PLAT BOOK 3AT PAGE 423 OFTHEPLAT RECORDS E, WPER PLAT OF YARISION AND ALSO APARTOFLOTSIL12ADD 13OFCORNELI-O SUBDIVISION TOTHE NGTN OUNT,ARK E,AS PERPLATOF SAIDSUBDIVISIONFILE MTHE AS M OPTHECIRCUITCLERK ANDEX-0FFIEW RECORDER OF WASHMGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT : BEGINNING ATA PoTH NCT 502°24'13"W R.Ob FROM AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT4 AND RUNNING THENCE SBT°22'30"E 61.63' THENCE 22.06, THENCE BAT°llll"E 14.89', THENCE ALONG A CURVET.-E.—HAVMG A RADIUS OF 188...R A CHORD BEARING AND DISTANCE. OF ROT41"I THENC °39'4S'W 159."/9',BTHENCEN42°49'45°W 55.38'TOANEXISTINGREBARTHENCEN02°25'50"E R HT OP -WAY ON THE WEST SIDE OF HTERBMG WE. ME UNDERSIGNED OWNERS. REPRESENTING ONE HUNDRED PERCENT 1I—) OWNERSHIP OF THE REAL ESTATE SHOWN AND DESCRIBED xERBIN, DO HEREBY DEDICATE FOR PUBLIC OWNERSHIP, ALL STREETS AND ALLEYS AS SHOWN ON THIS PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW. 111 OW ILS ALSO DEDICATE TOM HE F�FA_ ANDO THE ES (INCLUDING ANY CABLE TELEVISION COMPANY HOLDING A FRANCHISE GRANTED .Y-CCTTYO FAY KLED) THE EASEMENTS AS SHOWN ON THIS PLAT FOR THE PURPOSE OF INSTALLATION OF NEW FACILITIES AND THE REPAIR OF EXISTINGSAID PASEMEHICS, AND THE EIGHT TO REMOVE OR THEM TREES WHOM SAID PASEMENTS. FACILITIES �HEREBY IS THE FUGHT OF TINGRESS AND FORMS To PROHIBIT ME EETCOO. STRUCTUNES ES FEN DATE BEAD STRICKLM_ SOUTHERN LrvMG CONSTRUCTION LLC. PROPERTY OWNERS: SOUTHERN LIVING CONSTRUCTION LEC I BY CERTIFY THAT THE PLAN SHOWN AND DENCRIBED HERNESHN IS A TRUE AND CORRECT SURNEY BEAU STRICKEN -MANAGER REQUIRED BY THE 123 STRICKEN LN SUBDIVISIONREGULATIONSOFTHECITYOFFAYETTE E,ARKANSAS. HATFIELD, AS 7 1945 (ALL PARCELS) DATE OF —CON, SIGN TPAGEINUEX. LAND SURVEYOR 598 S �ATF OF ARKANSAS ( \. o' 30' 60' 90' VICINITY MAP tLOOTICOPURDRTION: /� IONOFTNIOFTHIS PROPERTY IS LOCATED IN WITHFLOOD ZONE"A"OR"AE'AS "TEEENETH D BY NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE -HP-E MAP FOR WASHMGTON COUNTY ARKANSAS. - (SHED (FIRMPANELISE-143CO215F. DA DREIN2008) _ o> u IESSHowN1IEREONAREFRo SERVEDEVIDENCEOFABDVE_UUMNAcnourro (,9/L N - � uND NEEED To BE VERFFIED PxloRMTouolNNc nlNY-? OF"''AUo ox DESGN. SOME V MAY ALSoTHATE NOT SHOW N ON THIS PLAT. _ REUIRES THATIUILDIN S AND STRUCTURES MUST BE BUILT WITH AST IS OF HORPANTI, CLEARANCE FROM THE NEAREST OVERHEAD PRIMARY CONDUCTOR. /Op�� UzR 0.Q pQ 08/ lye F' x� 02 � lu OR USE AND BENEFIT OF, SOUTHERN LIVING+EnginwHii-Surwyars LEGEND : i AD CONSTRUCTION LLC 3ates Assoc iates,lnc.EAFrR EG°AL H Brs. �I `2.BR RDoFD D.IPE x0R o�M��R�CrP w a oTE ,, wA MxTHOR 10 w N5n D:`,I336 GRAPHIC SCALE (IN FEET) 1 Inch=300. TO THE BEEF OF MT KNOWLEDGE AD NBEIIEF RECT ON THIS THE 1ST DAY OFI III I'BER, 2022. •NA ..• A2 ',, fO ��• • • 5 NA IF THE SIONATNRE BLUE NTHISIN CELORS NOT AN OR GIN& AND THEN U ULD THAI SHALL NSDROIGIFIALB SEALSP� BEEN ALTERED, NDDS 5IGNANREPIANOMAY wEIMFA80RBD) RFCORDING NUMBER/DATE. —BRICAR, L.. O(EAHTM03 N — WATERLINE - - — EcrzEss nsTE U.DENEnr IHLICY IA MEN -- - TOPDF E1RANK / Board of Adjustr E��EDE15x. January 9, BOA-2022-0025 (STRICKLIN) 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 0' 30' 60' 90' GRAPHIC SCALE (IN MET) I Inch=MR. BALES & '� ASSOCIATES, INC. �_ CONSTRUCTION ION LL ��t6S� LEGEND. rva neory MwEnAEmTixcl' iV RCCORDMC NUMBER/DATE CONSTRUCTION LLC THESE STANDARD —SO�s OLL — — — — Associates,lnc. °THED s rDs �R aNe RA •ED�.O=re REDAR ry u PBrT,:P2,�. ,,�A•s,s �PoWE e s s EngineanSumYaa mFo ®cEewx rz rs zz "=so• OO ro oov Ancxon -- -- — : +F 0Zo�orP _- ��SSEASENEM �Y� n e g'A.-YIE�asM— Board of Adjustr SL .A .1336 wA OR AE E 1 ®DArvNeieR oww ERMeiea January 9, BOA-2022-0025 (STRICKLIN) Page 8 of 13 O POB I I .I O �s 6 RAIE •,,• 4 5& _� ASSOITAlES, INC. y= 2 STAFF EXHIBIT: TRACT SPLIT (PAGE I OF 2) UNBUILDABLE AREA 8 i i Q8o Lx_x_x_x_x_x_x_x_J o x� U Q 3 ExisTING x HOUSE X CAP x�CONCRETE DRIVE, x / x-xJ / h% I .,. y CONCRETE EXISTING DRIVE HOUSE UIm / l G / I coRNER T 4,BLOCKI D ARROW N0.2 APN1005 S 8]°22`3( POB F� N 8]°22'30" W 62.80' oc po - - / PARCEL p765-09853-000 8]°1935" E 92.39'�q t— N 8]°22'30" W 69.63'�dg/ 13 / I °by m CT 3125'B.TL.Z. N8]°22'30" W 68.&1' I VT 9 B �Azso T�fLT4260, N 8]°1935 '" W 9222°3 9' yxo S 0J'S Area r S — _ N 87°22'30" W 61.63' P H / S HE U E. (PER 3-023)— - TRACT L_ — —5' B.H. / — I /PORTIONr N87°18'12"W I29.]0'x—x—x_Sx—x—x94 LINE TABLE 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' L8 S48°12'41W ].]T L9 N 8]°I9'35" W 14.89' LIE S48°12`41"W 22FY V PERTHIS PLATCHATCED) TOMK" R/W PJ(IHOUSTSE / G 2 I M -�. CODRIVE E Iz Q SH 3 I� EXISTING HOUSE x N CURVE C] RADIUS 212.00' ARCLENGTH 203.46' CHORDLENGTH 195.]4' CHORD BEARING N59°49'55"W DELTA ANGLE 54°59'19" TANGENT 110.33' C2 C3 204.00 19fi.00' 195.]9 I88.11' 1 ISSW 180.9]' N59°49'S5"W N59°49'S5"W 54°59'19" 54°59'19" 10fi.1]' 102.01' C 1188.W 1180.43T I73.58' IN59°49'55"W 54°59'19" 9].84' 15 Cfi 222.00' 1]B.OP 213.W' 1]0.83' 2. 91. IFF35' s59'E'S5"E IN59°49'55"W 5a°59'19" 54°59'19" 11554' 92.fi4' E 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 TH 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 THEENC °3Y4S•W159,]9R',BTHENCEN42°49'45"W55.38'TOANEXIe GEBAKTENCEN02°25'50"E BAR, THENU KIDS, MORE OR UPS E6=BFD TRACT AND ALSOSUBJECFTOALLOTHEREASeMENTSAND LANE GOT 90P WAY OP ENT ECORD. AN HT OP WAY ON THE WEST SIDE OF HERE MG 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 OF NEW FACILITIES AND THE 11 EIISTFO FACILITIES EIEREBV IS THE RIGHT OF UNGRESS AND FORMS To S�. EAREMENDS, THE T To IBIT DTARUCTUNES, OR FENCES W'a DM SAID PTRICEINS AD THE LIVING CENTRE OR MEN TEES WHOM SAID FASEMEFITS. THEEECTION FO BNLOMGS GRANTED US - SOUTHERN PROPERTY OWNERS: SOUTHERN LIVING CONSTRUCTION LLC IN SHOWN AND DESCRUNED HERESCH IS A UE AND CORRECTS U R VEY BEAU STRICKEN -MANAGER EQUIED BY THE 123 STRICENN IN SUBDIVISION REGULATIONS OF THE CITY OF FAYEITEVILEE, ARKANSAS. HATFIELD, AR 7 1945 (ALL PARCEES) DATE OF EXECUTI SIGN PLATPAUEFNDEX. LAND SURVEYOR 598 ( SEATS OF ARKANSAS t LOODCERTIFICATION: /� VOPoRTIONOFTHIS PROPERTY IS LOCATED WITHIN FLOOD ZONE"A"OR"AE"AS OBTEEMMTH ED BY E NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE _HP —HE MAP FOR WASHMGTON COO TYY ARKANSAS, RE — (SHED (FIRMPANFLNG-143CO215P. DA DREUV2V08)PUBLENA _ nol3rro uneYLINES (,9/L N — � uND NEEED TUTILITYPPEONAEFROM FLAT, A WEv1DENCOS THAIM BE VERFFIIED PxIORM"B" nlNY nP of"CAVATION ox DESIGNYSOME V MAY_ESTTHATE NOT SHOW N ON THIS PLAT. _ REQUIRES THATUILDIN S AND STRUCTURES MUST HE BUILT WITH AST IS OF HORIZONTAL CLEARANCE FROM THE NEAREST OVERHEAD PRIMARY CONDUCTOR. /Op�� UzR Q4 pQ BQ/ FI lye x� 02 O lu OR USE AND OI. SOUTHERN LIVING+Enginimini-Surmywa LEGEND: i AD CONSTRUCTION LLC ��5� Associates,lnc. BEEFOUND 11 IIGC awR u B L Brs. Y812114122ARKS �: to FODND vz"RBBAR �PorR ®c1 p 90 QFouNDPIPE cuv ANcxoR ti ommP�reorP w`AT 1 H . M THE IT 1a iz Eg1336 Mx xsw GA PC A IAS 1-1 0' 30' 60' 90' GRAPHIC SCALE (1N FEET) I Inch=300. TO THE BEEF OF MT KNOWLEDGE OAND NBEIIEF RECT ON THIS THE 1ST DAY OFr III I'BER, 2022. AR AS D. R'T SID% ',, fO ��• • • 5 NA VA; 1AN��,r°. IF THE SIONAT NOT BLUE THE IN CELORS NOT AN OR IGI& AND ULD THAI NT BHEARNNANSDROIGIFIALB SEALSP" BEEN ALTERED, NNDOSIGNANREG PIAMANOY C HHAPOTH.,RCHUNSAILIFISPEASTRANITNF.lgr ART F r — WATERLINTE — — — EGrzEss SENEnT—CHO. PENCE FCSELE ToeoANR MN FLoPEEXOEFUSI".. VICINITY MAP 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? 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I ' it Design Overlay District Fayetteville City Limits _ Planning Area _ _ _ Planning Area Fayetteville City Limits F L ■1 7 TO Of P-1 2oning MI-1 General lntastrial RESIDENTIAL SINGLE-FAMILY RA ION RI-u COMMERCIAL ResltleniiaFOfice Ns-L NS-L Gi �Res1tleMlal-�tWIW21 RSF-.s Ica RSF-1 FORM BASED DISTRICTS RSF-2 Gow—Core RSF4 Uman-r—ghrare RSF-] ..in Sireat Cen[er RSF-8 Osxniown General RSF-18 g� Community Services RESIDENTIAL MULTI -FAMILY Neighbo.1 1 sarvices RMF-8 g� NeigM1borhootl Conservation �RMF-12 PLANNEDZONING DISTRICTS ii RMF-18 gi Commercial, Intla—I, Reeldentlal ii RMF-2a INSTITUTIONAL RMF-0o _P1 INDUSTRIAL Adjustme is I-1 Heavy-- LightIntluslriBoard of jamwo 3 Agenda Item 3 BOA-2022-0025 (STRICKLIN) Page 11 of 13 BOA-2022-0025 NORTH OF 1900 W. CUSTER Close Up View L N 1 RMF-24 T �h Trail T UT 1 P-1 7 1 � I i 18TH ST I I I / i C-1 i c-2 Subject Property /! I I i I i N i = i I r � O RI-U i I RSF-4 I I i I i I i I 1 i t i t t 1 t i t Z 1 i t C i ARROWHEAD ST � t : tt 1 t t 1 J t I� n 1 I I t N 1 <2 / NORTH Neighborhood Link Residential -Agricultural Freeway/Expressway RSF-4 — Residential Link — RI-U Hillside -Hilltop Overlay District RMF-24 1.�� Planning Area _ Fayetteville City Limits Feet C-1 - - - 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