HomeMy WebLinkAbout2023-04-03 - Agendas - FinalCITY OF
FAYETTEVILLE
ARKANSAS
Board of Adjustment Meeting
January 9, 2023
3:45 PM
113 W. Mountain, Room 219
MEETING MINUTES
NOTE: The January 9, 2023 Board of Adjustment Meeting was held both in person and
virtually.
Members: Bill Finer (Chair), Lindsey Steiger -Muck, Erin Adkins-Oury, Josh Carson and Jason
Young
Assistant City Attorney: Blake Pennington
Call to Order: 3:47 PM, Adkins-Oury (Vice Chair)
Roll Call:
In Attendance: Lindsey Steiger -Muck, Erin Adkins-Oury, and Jason Young
Absent: Bill Finer (Chair), Josh Carson
Staff: Jessie Masters, Development Review Manager
1. Approval of the minutes from the November 7, 2022 meeting.
Motion:
Board Member Steiger -Muck made a motion to approve the November 7, 2022 minutes, with
Young seconding. Upon roll call the motion passed with a vote of 3-0-0.
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.
Jessie Masters, Development Review Manager: Gave the staff report.
Mailing Address:
113 W. Mountain Street Board WYK1gJgtWAwiIIe-ar.gov
Fayetteville, AR 72701 April 3, 2023
Agenda Item 1
MINUTES (January 9, 2023)
Jason Young, Board Member: Confirmed that the property was recently rezoned to CS,
COMMUNITY SERVICES. Stated around the site is RMF-40 and it does have a build to zone.
Questioned if the applicant explored CS, Community Services or NC, Neighborhood
Conservation.
Masters: Clarified that City Council did approve CS, Community Services.
Erin Adkins-Oury, Board Member: Asked if there was a reason why this matter was taken to
Board of Adjustments as to going to City Council.
Masters: Stated that it is a matter of options. Seeking a Board of Adjustments variance is the
first step. If the item is not approved today, the applicant can consider a different route.
Matt Lowes, Olsson Engineers: Clarified site -specific hardships concerning height limitations,
and fire access, parking requirements are utilized to the max capacity, and it has typographic
issues with it being a corner lot consisting of two site frontages.
Young: Asked the applicant what other rezoning options were explored before deciding on CS,
Community Services.
Lowes: Stated that the choice was discussed with staff and seem like it would fall into the natural
progression.
Adkins-Oury: Asked the applicant how many units does eight parking spaces serve.
Lowes: Explained that they have twelve units and took the four space reduction, which leaves
eight parking spaces.
Young: Said that parking is very tight, but he isn't sure it meets the threshold for hardship.
Adkins-Oury: Expressed that there are other options, and that putting twelve units on this lot is
a self-imposed hardship.
Lindsey Steiger -Muck, Board Member: Agreed with the rest of the board.
Adkins-Oury: Expressed that going to City Council to request a reduction in right-of-way may
be a better route to take.
Motion:
Board Member Steiger -Muck made a motion to approve BOA-2022-0024 with conditions as
outline by staff. Board Member Adkins,Oury seconded the motion. Upon roll call the motion
was denied by a vote of 0-3-0.
Board of Adjustments
April 3, 2023
Agenda Item 1
MINUTES (January 9, 2023)
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.
Gretchen Harrison, Planner: Gave the staff report.
Josh Caron, Board Member: Recused from this item.
Erin Adkin-Oury, Board Member: Asked if quorum was still being met for this item.
Blake Pennington, Assistant City Attorney: Clarified that quorum is still met if the recused
board member stays present in the room.
Brian Teague, Community by Design: Stated the reasoning for this request is to be able to sell
all five lots separately instead of developing multiple units on one lot.
Adkin-Oury: Asked the applicant why they have decided against cluster housing.
Teague: Stated that this decision is process motivated. Cluster housing would need to go
through more approvals.
Adkin-Oury: Asked if it was a shared drive or street accessing these lots.
Teague: Confirmed that there will be a shared drive.
PUBLIC COMMENT:
Sue Madison, 573 Rockcliff: Stated concern about the property's access. She feels as though
the added traffic to West Custer Lane would be an injustice to the neighborhood, with its narrow
streets and no sidewalks. Also, it was stated that the property behind this project may be on the
market soon and useable for access instead of Custer. Only one access point for a possible 20-
unit area does not sound safe. Has request to please not put all this traffic onto west Custer.
Anita Robins, 1875 W Custer: Stated that she lives directly across the street from the access
property, and feels as though there isn't room for this access under those power lines.
Emphasized the strong urge not to allow this access because her mailbox will have to be moved.
Teague: Addressed public comments and asked the board to approve this item as proposed.
Adkins-Oury: Inquired about the number of units.
Teague: Clarified that the intent is to build a single-family house or a duplex on each lot.
Lindsey Steiger -Muck: Clarified that with a denial today, the developer has other options to
pursue construction.
Adkins-Oury: Confirmed that other building options are available and that the street frontage of
this lot is completely unbuildable due to the powerlines and right-of-way. Additional housing
shouldn't affect the street traffic too much.
Board of Adjustments
April 3, 2023
Agenda Item 1
MINUTES (January 9, 2023)
Steiger -Muck: Agreed and stated that she feels the burden of hardship has been met.
Motion:
Board Member Steiger -Muck made a motion to approve BOA-2022-0025 with conditions as
outline by staff. Board Member Adkins-Oury seconded the motion. Upon roll call the motion
was denied by a vote of 2-0-1.
Announcements:
• Jessie Masters, Development Review Manager: Introduced new Planner, Donna
Wonsower.
Adjournment Time: 4:24 PM
Submitted by: City Planning Division
Board of Adjustments 4
April 3, 2023
Agenda Item 1
MINUTES (January 9, 2023)
CITY OF
FAYETTEVILLE
W4ff ARKANSAS
Board of Adjustment Meeting
April 3, 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: Jessie Masters, Development Review Manager
Call to Order
Roll Call
1. Approval of the minutes from the January 9th, 2023 meeting.
Unfinished Business:
None.
New Business:
2. BOA-2023-0002: Board of Adjustment (691 S. CHERRY LN/HARENZA, 526): Submitted by
RIFT CUSTOMS for property located at 691 S. CHERRY LN. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.12
acres. The request is for a variance from lot width requirements.
Planner: Ryan Umberger
3. BOA-2023-0003: Board of Adjustment (2600 S. SCHOOL AVE/TFI, LLC, 639): Submitted
by BLEW AND ASSOCIATES for property located at 2600 S. SCHOOL AVE. The property is
zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.45 acres. The
request is for a variance to the setback requirements. Planner: Jessie Masters
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
Ipt* ARKANSAS
TO: Board of Adjustment
BOARD OF ADJUSTMENTS MEMO
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: April 3, 2023
SUBJECT: BOA-2023-0002: Board of Adjustment (691 S. CHERRY LN/HARENZA,
526): Submitted by RIFT CUSTOMS for property located at 691 S.
CHERRY LN. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE and contains approximately 1.12 acres.
The request is for a variance from lot width requirements.
RECOMMENDATION:
Staff recommends approval of BOA-2023-0002 with conditions based on the findings contained
in this report.
RECOMMENDED MOTION:
"I move to approve BOA-2023-0002 with conditions, determining:
In favor of the requested variance; and
All other conditions as recommended by staff."
BACKGROUND:
The subject property is in south Fayetteville, southeast of Mount Sequoyah and at the dead end
of S. Cherry Lane, roughly 500 feet north of its intersection with E. Huntsville Road. The property
is a single parcel totaling approximately 1.12 acres and zoned RSF-4, Residential Single -Family,
Four Units per Acre. A 979 square foot, two bedroom single-family home built in 1961 occupies
the lot. The lot slopes from east down towards the northeast corner at a roughly 4.5% grade. No
zoning overlays apply to the site. Surrounding land uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use/Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
South
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per
Acre/Residential Intermediate -Urban
East
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
DISCUSSION:
Request: The applicant requests a variance from the minimum lot width requirement as described
in Table 2. The request is associated with a proposed addition to the existing residence. The
minimum lot width requirement in RSF-4 zoning is 70 feet at the subject location. Lot width is met
by measuring the width between straight lines connecting front and rear lot lines at the rear of the
required front yard.
Mailing Address:
113 W. Mountain Street Board WW01JgtW"fWiIIe-ar.gav
Fayetteville, AR 72701 April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
Table 2
Variance Reauest
Variance Issue
Requirement
Proposed Width
Variance
Lot width
70 feet
25.5 feet
44.5 feet
Public Comment: Staff received comment that was neither for nor opposed to the variance
request. The commenter sought to ensure that the proposed addition would not hinder
development of their neighboring property and would take into consideration future improvements
to S. Cherry Lane.
RECOMMENDATION: Staff recommends approval of BOA-2023-0002 with the following
conditions:
1. Approval of this variance is for the proposed variance as shown and described in
the request letter and site exhibit. Any future development or expansion of existing
buildings will require additional review and possible Board of Adjustment approval;
and
2. Approval of this variance does not grant approval or entitlement to any other zoning
or development variances, or to the associated building permit.
BOARD OF ADJUSTMENT ACTION: ❑ Approved ❑ Denied ❑ Tabled
Date: April 3, 2023
Motion: Note:
Second:
11 11
Vote:
FUTURE LAND USE PLAN DESIGNATION: City Plan 2040 Future Land Use Plan
designates this site as a Residential Neighborhood Area.
FINDINGS:
City of Fayetteville Unified Development Code
§156.02, Variances, Zoning Regulations
Certain variances of the zoning regulations may be applied for as follows:
(B) Requirements for variance approval.
(1) Where strict enforcement of the zoning ordinance would cause undue hardship due to
circumstances unique to the individual property under consideration;
Finding: Staff finds that the applicant has met this requirement based on the current
site conditions and information in the request letter. Typically, to be
Board of Adjustments
April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
considered buildable, properties are required to have at least 50% of the
required street frontage as prescribed by code. The subject property is
zoned RSF-4 which has a minimum lot width of 70-feet. The property has
access to N. Cherry Lane through a stub -out of right-of-way abutting the
south property line. The condition constitutes a total of 25-feet, six -inches of
linear street frontage. The configuration of the lot dates to at least 1987
according to a recorded survey. Dedication of right-of-way and building out
of a public street, in this instance, may not be feasible and would exceed the
impact that is roughly proportional to the request. The applicant does not
have adequate space to dedicate the requisite right-of-way through their
property to meet Master Street Plan requirements. Remedying the issue
would either require the consent of the adjacent owner or require the
applicant to purchase a portion of a neighboring lot in order to dedicate a
contiguous segment of right-of-way of an appropriate width to meet 2040
Master Street Plan requirements and build out a segment of street.
(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 find the applicant has met this requirement. Properties zoned RSF-4 are
intended to permit and encourage the development of low -density detached
dwellings in suitable environments and protect similar, existing
development. In their request letter the applicant asserts that the addition
would allow the development of a moderately -sized home which would be
desirable and functional to a larger population of families in Fayetteville.
Staff agree with the applicant, finding the request supports a stated intent to
encourage suitable low -density residential uses. Further, staff finds that
approval of the subject variance will not threaten existing neighboring
properties. The addition meets all other zoning criteria including density, lot
area minimum, setbacks, building height regulations, and building area
requirements. Properties in RSF-4 zoning typically require 70 feet of
frontage on a public street which cannot be met without dedication of right-
of-way and build out of a public street. Any future development or expansion
of existing buildings will require additional review and possible Board of
Adjustment approval.
(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 applicant retains the use of the existing single-family dwelling but
cannot expand or develop new structures unless the lot is brought into
conformity by way of an approved variance from the Board of Adjustment.
Staff finds the requested variance for lot width minimum is the minimum
necessary to allow for the proposed addition.
(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.
Board of Adjustments
April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
(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 §161.07 — District RSF-4, Residential Single -Family, 4 Units per Acre
• Request Letter
• Site Plan
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
Board of Adjustments
April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
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 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
Board of Adjustments
April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-
19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
(Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023,
unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal
and termination section."
Board of Adjustments
April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
Chair of the Board of Adjustment,
My name is Jenny Harenza and I am writing on behalf of my husband Jeremiah and I. We are
requesting a 10' frontage variance at our home, 691 S Cherry Lane in South Fayetteville. This is the only
variance we are requesting in order to permit an addition onto our existing home.
Our home was built in 1951, and nestled at the end of Cherry Lane with 700 and 665 Cherry lane
to our North and East. These three lots are similar in their size, age, and minimal frontage. It seems we
are on the edge of open, undeveloped land going all the way to Crossover that has over the years,
blended with Cherry Lane in an uncommon way. The rest of our street seems to have no issue
conforming to code, making us uniquely troubled with trying to add onto our home.
Jeremiah and I are wanting to add on a 651 SF garage on the north side as well as an 823 SF wing
on the south side made up of a living room, primary bath, and primary bedroom. The total square
footage of the additional structure would be 1,802 SF.
Our minimal street frontage does not allow for street parking, and due to our 1 acre lot size we
don't need it. We will lay down gravel for two parking spaces in front of our new garage. When guests
come over, they'll simply park north of our gravel spots for additional space, out of our driveway. We can
easily park 7 cars off the street, and out our drive. It should be noted that our neighbors to the North,
whom we share a driveway with, have a right of way for our driveway and even with 7 parking spaces,
we will not be hindering their access.
We respect the aims of our city planners. However, a literal interpretation of our frontage
requirements would absolutely cause hardship to us due to the irregular nature of our lot. We are at the
end of Cherry Lane, so granting this variance really has no way of affecting our neighbors. Additionally,
granting this variance would maintain the spirit of zoning RSF-4 as we are simply adding onto our existing
home, a single family unit. Right now, our home is 979 SF with two beds, one bath, surrounded by two
unoccupied homes and about 20 open acres. I believe being able to add onto our 979 SF home would
actually reinforce the RSF-4 spirit by creating a moderate and more desirable sized home that is
functional to a larger population of families in Fayetteville.
We also do know, thanks to an unfortunate false alarm, that a fire truck can fit into our drive
with ample space to turn around. The garbage, recycling, and utility vehicles are also regularly in our
drive. We believe granting this one variance would improve our lot at 691 S Cherry while retaining the
purposes for which RSF-4 was coded, granting us no additional privilege other than what is already
granted to homeowners in Fayetteville and allowing us to invest in our own property.
Thank you for your time and consideration.
Jenny and Jeremiah Harenza
691 S Cherry Lane
Board of Adjustments
April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
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Board of Adjustments
April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
Umberger, Ryan
From: Michael Andrews <mandrews123@gmail.com>
Sent: Wednesday, March 29, 2023 1:09 PM
To: Umberger, Ryan
Subject: 691 S Cherry Lane - BoA Variance
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Ryan,
We own the property at 797 S Cherry Lane which abuts 691 Cherry on the rear North/South property line.
Our future plan is to develop our 1.01 acres, zoned RIU to its fullest & best use.
We do not oppose this variance so long as it will in no way hinder or limit our future development of our
property. One of the concerns the Planning Commission brought up during our rezoning was the narrow
width of Cherry. Widening of Cherry might be in the City's long range plan, so any frontage variance needs to
take this into consideration.
Currently, there is no turnaround at the end of Cherry, so this needs to be factored into any variance decisions
as well.
Thank you and we look forward to your reply.
Michael Andrews
Executive Broker & Office Manager
Arkansas Accociates Realty
License #EB66483
C: 479.530.3606
Board of Adjustments
April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
BOA-2023-0002
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Board of Adiustments
April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
BOA-2023-0002
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April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
BOA-2023-0002 691 S. CHERRY LN
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board of Adiustments
April 3, 2023
Agenda Item 2
BOA-2023-0002 (HARENZA)
CITY OF
FAYETTEVILLE
ARKANSAS
BOARD OF ADJUSTMENTS MEMO
TO: Board of Adjustment
FROM: Jessie Masters, Development Review Manager
MEETING DATE: April 3, 2023
SUBJECT: BOA-2023-0003: Board of Adjustment (2600 S. SCHOOL AVE/TFI,
LLC, 639): Submitted by BLEW AND ASSOCIATES for property located
at 2600 S. SCHOOL AVE. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 0.45 acres. The request is for
a variance to the setback requirements.
RECOMMENDATION:
Staff recommends approval of BOA-2023-0003, based on the findings outlined within this staff
report.
RECOMMENDED MOTION:
"I move to approve BOA-2023-0003."
BACKGROUND:
The subject property is in south Fayetteville at the southeast corner of S. School Avenue and W.
26t" Street. Containing 0.45 acres and zoned C-2, Thoroughfare Commercial, the property is
developed with an automotive body shop and garage. County records indicate that the structure
was built in 1957. No overlay districts currently govern the property and it is outside of the Hillside
Hilltop Overlay District. Surrounding land uses and zoning are listed in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
C-2, Thoroughfare Commercial
South
Commercial
C-2, Thoroughfare Commercial
East
Single-FamilyResidential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Tyson Plant
1-2, General Industrial
DISCUSSION:
Request: The applicant requests a variance to the front setback requirement in the C-2,
Thoroughfare Commercial zoning district for an existing non -conforming structure. The C-2 zoning
district requires a front setback of 15 feet when parking is not provided in between the structure
and the street. The applicant is proposing to renovate an existing structure within the setback, an
11.18' encroachment at the farthest point.
Table 2
Variance Request
Variance Issue
Requirement
Proposed Setback
Variance
Front (north) building setback
15 feet
3.82 feet
11.18 feet
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayettevi Ile-ar.gov
Board of Adjustments
April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLC)
Per 164.12(A)(11), a non -conforming structure may be brought into conformity by way of an
approved variance from the Board of Adjustment. Repairs to non -conforming structures are
permitted, but interior alterations are triggering the need for the applicant to seek a variance.
Public Comment: Staff has not received any public comment on this request.
RECOMMENDATION: Staff recommends approval of BOA-2022-0003. 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: April 3, 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 that the applicant has met the requirement to keep the existing
non -conforming structure encroaching in the building setback. The
structure under consideration with this request was constructed in 1957,
long before the creation of the current zoning regulations governing the site.
Under 164.12, the applicant has the right to continue to maintain the existing
non -conforming structure, and the right to reconstruct up to 50% of the non -
Board of Adjustments
April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLC)
conforming structure, provided it is not increased in volume, area, or
footprint; the granting of this variance will bring the existing non -conforming
structure into compliance. Under 164.12(A)(11), alternative remedies may
include altering the structure to meet the standards of the zoning district, or
pursuing a rezoning action. Staff finds that pursuing a rezoning action in this
case may be infeasible and may just transfer the non -conformity into a
separate district's guidelines. For example, a form -based district such as CS
or UT would still put the structure out of compliance, since both still require
a 10-foot setback. Finding no other remedy through either an appropriate
rezoning action, or reconstructing the structure, the applicant has requested
to bring the structure into conformity through a Board of Adjustment action.
(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 the zoning ordinance. Allowing the structure to remain
within the setback requirements grants the applicant continued use of the
land and structure as an automotive garage and shop. The stated purpose
of the C-2 district is to encourage the functional grouping of commercial
properties to highway travelers. The development pattern of commercial
properties along the S. School corridor are not appreciably different and
granting the variance does not pose a risk of undermining that stated intent.
(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
April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLC)
Attachments:
• Unified Development Code:
o §161.23 District C-2, Thoroughfare Commercial
o §164.12 Nonconforming Structures, Uses And Lots
• Request Letter and Applicant Exhibits
• One Mile Map
• Close-up Map
• Current Land Use Map
Board of Adjustments
April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLC)
161.23 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build -to zone and
minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
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 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
Small scale production
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 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed
50 feet
between the right-of-way and the
building
(Supp. No. 28)
Created: 2023-03-23 14:01:24 [EST]
Page 1 of 4
Board of Adjustments
April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLC)
Side
None
Side, when contiguous to a
residential district
15 feet
Rear
20 feet
Urban Form 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 6 stories*
* If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from side boundary line of an adjacent residential district. The amount of additional
setback for the portion of the building over two (2) stories shall be equal to the difference between the total
height of that portion of the building, and two (2) stories.
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08;
Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; 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, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 6, 7, 4-2-19; Ord. No.
6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6521 , §5, 1-18-22)
164.12 Nonconforming Structures, Uses And Lots
It is the intent of this section to regulate nonconforming structures, uses or lots that are created when zoning
designations or regulations are created or changed such than an existing lawfully established structure, use, or lot no
longer conforms to the regulations of the Unified Development Code. It is also the intent of this section to permit
nonconformities to continue as they exist presently and to guide future uses and development to be consistent with
the city's planning policy and regulations.
(A) Nonconforming Structures.
(1) Nonconforming structures are permitted to exist for continued and creative reuse to contribute to the
surrounding character, diversity, and services in the neighborhood until such structures are removed.
(2) Repairs to nonconforming structures or portions thereof are permitted, so long as the nonconforming
portion of the structure is not enlarged in volume, area or footprint.
(3) Reconstruction of nonconforming structures or portions thereof amounting to less than 50% of the
existing square feet are permitted so long as the nonconforming portion of the structure is not enlarged in
volume, area or footprint.
(Supp. No. 28)
Created: 2023-03-23 14:01:24 [EST]
Page 2 of 4
Board of Adjustments
April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLC)
(4) Voluntary removal, damage or destruction of a nonconforming structure or portion thereof amounting to
50% or more of the existing square feet shall require either complete removal of the structure or its
reconstruction in conformance with existing regulations.
(5) Involuntary damage to or destruction of a nonconforming structure (from fire, winds or other calamity)
shall permit the owner to rebuild, reconstruct or restore the structure on the same footprint of the original
structure plus any addition or expansion that is allowed by the underlying zoning district. Such
reconstruction is permitted as long as it begins within eighteen (18) months of the loss and complies with
all other applicable zoning, development and building codes.
(6) For nonconforming structures located in a zoning district utilizing conventional building setbacks, building
additions/expansions are permitted so long as the addition is in compliance with all current setbacks,
building area and building height requirements of the underlying zoning district, along with all other
applicable zoning and development ordinances.
(7) For nonconforming structures located in zoning districts utilizing build -to zones and requirements for a
minimum buildable street frontage, all new construction that increases the existing building(s) footprint or
volume of habitable space by 50% or more shall comply with the standards of the underlying zoning
district. Building additions/expansions that increase the existing building(s) footprint or volume of
habitable space on a property by less than 50% may be located outside of the build -to zone, so long as
they are compliant with all other applicable zoning and development ordinances.
(8) Should a nonconforming structure be moved for any reason for any distance whatever, it shall thereafter
conform to the regulations for the district in which it is located after it is moved.
(9) A structure or portion thereof within any zoning district may be altered to decrease its nonconformity.
(10) Owners of nonconforming structures are encouraged to keep such structures in good condition by regular
maintenance and prompt repairs when necessary. If the city's Building Official notifies the owner of any
unsafe or unlawful condition of the building, the owner must repair such unsafe or unlawful condition
promptly. The Building Official may impose a reasonable time limit for the repairs to be complete. Failure
of the owner to promptly and satisfactorily complete the necessary repairs may result in the City Council
ordering a raze and removal of the structure.
(11) A nonconforming structure may be brought into conformity by way of an approved variance from the
Board of Adjustment, a rezoning action, or by altering the structure to comply with the standards of the
underlying zoning district. A structure constructed unlawfully shall not be considered a nonconforming
structure for the purposes of this chapter and is a prohibited structure unless it is brought into compliance
as provided herein.
(B) Nonconforming Uses. Nonconforming uses are declared by the underlying zoning district to be incompatible
and are regulated to further restrict actions that would make the uses more permanent in their location or
expand their nonconformity.
(1) Nonconforming uses of Land, Structures or of Structures and Land in Combination. Where a permitted or
otherwise lawful use of land or of structure and land in combination exists which would not be permitted
by subsequent regulations imposed by the Unified Development Code, the use may be continued as long
as it remains otherwise lawful, subject to the following provisions.
(a) Enlargement. No use of land or an existing structure devoted to a use not permitted in the district in
which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally
altered except in changing the use of the land or structure to a use permitted in the district in which
it is located or as required by other ordinances.
(b) Extending Use. Any nonconforming use may be extended throughout any parts of the building
which were manifestly arranged or designed for such use, but no such use shall be extended to
occupy any land outside such buildings.
(c) Change of Use. Any nonconforming use of land, structure, or structure and land in combination may
as a conditional use be changed to another nonconforming use provided that the Planning
Commission, either by general rule or by making finding in the specific case, finds that the
proposed use is equally appropriate or more appropriate to the district than the existing
nonconforming use. In permitting such change the Planning Commission may require appropriate
conditions and safeguards in accord with the provisions of the Unified Development Code.
(Supp. No. 28)
Created: 2023-03-23 14:01:25 [EST]
Page 3 of 4
Board of Adjustments
April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLM
(d) Conditional Use Provisions Not Nonconforming Uses. Any use which is permitted as a conditional
use in a district under the terms of this chapter and has been approved by the Planning
Commission (other than a change through Planning Commission action from a nonconforming use
to another use not generally permitted in the district) shall not be deemed a nonconforming use in
such district, but shall be without further action considered a conforming use.
(e) Superseded by Permitted Use. Any land, structure, or structure and land in combination, in or on
which a nonconforming use is superseded by a permitted use, shall thereafter conform to the
regulations for the district, and the nonconforming use may not thereafter be resumed.
(f) Abandonment of Use. When a nonconforming use of land, a structure, or structure and land in
combination is discontinued or abandoned for six (6) consecutive months, (except where
government action impedes access to the premises), the land, structure, or structure and land in
combination, shall not thereafter be used except in conformity with the regulations of the district in
which it is located.
(g) Destruction. Removal or destruction of a structure with a nonconforming use shall eliminate the
nonconforming status of the land. Destruction for the purpose of this subsection is defined as
damage to an extent of more than 50% of the existing gross square feet of the structure.
(2) A nonconforming use may be brought into conformity through a rezoning action by the City Council or by
Conditional Use Permit by the Planning Commission, as applicable. A use established unlawfully shall not
be considered a nonconforming use for the purposes of this chapter and is a prohibited use unless it is
brought into compliance as provided herein.
(C) Nonconforming Lots. Lots that do not fully meet the requirements of the Unified Development Code to be
considered a conforming lot for development, and thus are considered nonconforming lots, may be utilized for
development in accordance with the following provisions:
(1) A proposed structure must meet all applicable building setbacks, height and lot coverage requirements
and other applicable zoning and development codes, with the specific exception of the reason for which
the lot is nonconforming.
(2) Such lot shall have frontage onto a public street, and water and sewer shall be provided to the lot at the
time of development.
(3) Such lot shall have at least 50% of the required lot width and area of the underlying zoning district.
(4) A nonconforming lot that does not meet the provisions above may be brought into conformity by way of
an approved variance from the Board of Adjustment, a rezoning action, or by combining a lot(s) in order
to meet the standards of the underlying zoning district. A lot that was established unlawfully shall not be
considered a legal lot of record for the purposes of this chapter and no building or development permit
may be granted until the lot is legally established as provided herein.
(Code 1965, App. A., Art. 4(1), (2), (4)—(7); 5(8); Ord. No. 1747, 6-29-70; Ord. No. 1806, 7-16-71; Ord. No. 1891, 12-
5-72; Ord. No. 2126, 7-14-75; Ord. No. 2505, 2-20-79; Ord. No. 1918, 5-15-83; Ord. No. 3114, 9-3-85; Ord. No. 3124,
9-17-85; Ord. No. 3130, 10-1-84; Code 1991, §§160.135-160.142; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4930, 10-03-06; Ord. No. 5312, 4-20-10; Ord. No. 5453, 10-18-11)
(Supp. No. 28)
Created: 2023-03-23 14:01:25 [EST]
Page 4 of 4
Board of Adjustments
April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLM
BLEW & ASSOCIATES, PA
CIVIL ENGINEERS & LAND SURVEYORS
March 13, 2023
City of Fayetteville
113 W. Mountain Street
Fayetteville, Arkansas
SUBJECT: 2600 S. School Avenue
Building Setback Variance
To Whom It May Concern:
The Property Owner / Developer is requesting a variance to the building setback for the existing building to bring it
into conformance with City Code. The Existing Building extends 11.2' into the 15' Setback based on the C-2 Zoning
Classification.
The proposed project includes and Existing Structure of 2,167.97 sf in size and a proposed addition of 720.00 sf. The
developer is currently proposing 3 parking spaces for the site.
The requested variance is for an existing building on the site that was built prior to the current zoning regulations.
To meet current requirements would mean a reduction of useable building space and a financial impact to the
developer in making changes to the building that would not have been required prior to the changes to the setback
requirements. This structure has been in place for many years, prior to the current property owner purchasing the
property.
Sincerely,
Jorge Du Quesne
Blew & Associates
5102 SOUTH PINNACLE HILLS PKWY • ROGERS / ARKANSAS • 72758
PHONE: 479-443-4506 I,AX: 479-582-1 883
Board of Adjustments
April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLC)
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3825 N. Shiloh Drive ♦ Fayetteville, Arkansas 72703 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax
Board of Adjustments
April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI. LLM
BOA-2023-0003
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April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLC)
BOA-2023-0003
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April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLC)
April 3, 2023
Agenda Item 3
BOA-2023-0003 (TFI, LLC)