CITY OF SILOAM SPRINGS BOARD OF ADJUSTMENT AGENDA I

CITY OF SILOAM SPRINGS BOARD OF ADJUSTMENT

(Special-Called)

Tuesday, March 14, 2016 at 4:00 p.m. City Administration Building

400 N. Broadway

AGENDA

I. Board of Adjustment A. Call to Order B. Roll Call C. Approval of Minutes of the special-called Meeting on December 13, 2016 D. Variance Permit Approval

1. Sign Variance Development Permit, BOA17-01

3551 Hwy 412 E. Owner: Vaquero Siloam Springs Partners, LP (Cotton Patch Café, Inc.) Agent: Cotton Patch Café, Inc—Jacob Lee, General Manager / Coast Sign—Jasyn Peckham

2. Driveway Variance Development Permit, BOA17-02

1000 Block of Cheri Whitlock Dr. / Hwy. 43 Owner: Scarbrough Family Trust (land owner) / PB General Holdings, LLC (project owner) Agent: Bartlett Architecture, Inc – Dan Bartlett, AIA, NCARB, ICC & Global Surveying Consultants – Paxton R. Singleton, President, PLS.

E. Recommendation to Board of Directors on new Board of Adjustment meeting day and time F. Adjourn the Board of Adjustment

MINUTES OF THE SPECIAL-CALLED MEETING OF THE BOARD OF ADJUSTMENT OF THE

CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD DECEMBER 13, 2016

The Board of Adjustment of the City of Siloam Springs, Benton County, Arkansas, met in a special-called session at the City Administration Building, December 13, 2016. The meeting was called to order by Chairman Mounger. Roll Call: Nation, Mounger, Driscoll, Smith, Song, Blakely – Present. Engle – Absent. City Clerk, Renea Ellis; City Planner, Ben Rhoads; City Engineer, Justin Bland; City Attorney, Jay Williams; all present. A copy of the November 22, 2016 regular minutes had previously been given to each Commissioner. A motion was made by Smith and seconded by Nation to accept the minutes. Mounger called for a voice vote. Motion passed unanimously. The first agenda item was a Variance Development Permit, BOA16-06, 1084 Hwy 412 E., Mike McGooden. Ben Rhoads, City Planner, briefed the item. Mike McGooden of 212 S. Prospect and SueEllen Coleman-Chase of 13995 Inverness Lane on behalf of the property owner addressed issues with the original closing of the East drive. Lengthy discussion between Commissions regarding the pros and cons of reopening the drive followed. After questions and concerns were addressed by staff, a Motion to approve was made by Smith and seconded by Nation. Motion passed with a 5-1 vote, with Blakely voting Nay. There being no further business, a Motion was made by Smith and seconded by Blakely to adjourn. A voice vote was taken. All ayes. Meeting Adjourned. ATTEST: APPROVED: _________________________ ______________________________ Renea Ellis, City Clerk Karl B. Mounger, Chairman (SEAL)

3/10/2017 P.N. 03-05487-000. BOA17-01 1

STAFF REPORT

TO: Board of Adjustment FROM: Ben Rhoads, AICP, Senior Planner Cc: Don Clark, Community Services Director DATE: March 10, 2017 RE: Sign Variance Development Permit, BOA17-01 Recommendation: City staff does not provide recommendations for variances. City staff concurs that there is a legitimate hardship in this case. Background: APPLICATION REVIEW DATES Special-Called Board of Adjustment Review: March 14, 2017 APPLICANT AND AGENT Applicant/Owner: Vaquero Siloam Springs Partners, LP (Cotton Patch Cafe, Inc.) Agent: Cotton Patch Cafe, Inc.– Jacob Lee, General Manager / Coast Sign –Jasyn Peckham SUBJECT PROPERTY ADDRESS 3457 Hwy. 412 East. PROJECT INTENT The applicant desires TO ILLUMINATE A FREESTANDING MONUMENT SIGN BY DIRECT ILLUMINATION IN A C-2 (ROADWAY COMMERCIAL) ZONE. This is a direct Code violation of Section 81-39.2 and 81-39.2(1) of the Municipal Code. INTERNET MAP INFORMATION Planning staff has created a map made with Google My Maps. Attribution: Map data ©2017 Google Imagery ©2017, Arkansas GIS, DigitalGlobe, Landsat, State of Arkansas, USDA Farm Service Agency Washington County. Please click on the following link to access. This link will only operate if reading this report digitally. https://drive.google.com/open?id=11pU9jSEQR4p1xM1AposIWwWY0VQ&usp=sharing

https://drive.google.com/open?id=11pU9jSEQR4p1xM1AposIWwWY0VQ&usp=sharing

3/10/2017 P.N. 03-05487-000. BOA17-01 2

EXISTING LAND USES AND ZONING

EXISTING LAND USE EXISTING ZONING Commercial - Restaurant C-2 District (Roadway Commercial)

SURROUNDING LAND USE SURROUNDING ZONING North: Commercial – Retail North: C-2 District (Roadway commercial) South: Commercial – Restaurant/Retail South: C-2 District (Roadway commercial) East: Commercial – Restaurant East: C-2 District (Roadway commercial) West: Commercial – Restaurant West: C-2 District (Roadway commercial)

APPLICABLE CODE REQUIREMENTS Sec. 81-39.2(1) of the Siloam Springs Municipal Code. Excerpt from Section 81-39.2 Monument Signs:

“ * * * *

Monument signs shall be permitted only in the A, R, C, G-I, and H zoning districts, and shall meet the following standards:

(1) Illuminated monument signs shall use indirect lighting only; * * * *”

APPROVAL CRITERIA Unlike traditional permit applications that are reviewed by the Planning Commission, variances do not receive a staff recommendation. Approval of variances are based on the Board of Adjustment’s determination as to if there is a legitimate hardship. Hardships cannot be caused by the applicant and/or be financial in nature. The requirements necessary for the approval of a sign variance vary slightly from those requirements normally associated with Board of Adjustment variance review. For a sign variance, the Board of Adjustment is charged with deciding whether the strict enforcement of the sign code would cause practical difficulties due to the unique circumstances of the individual sign rather than finding an undue hardship related to the characteristics of the subject property. The Sign Code Section 81-41(2) states:

The board of adjustment shall have the following powers and duties: To hear requests for variances from the provisions of this chapter (Sign Code) in instances where strict enforcement of this chapter would cause extraordinary practical difficulties due to circumstances unique to the individual sign under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of this chapter.

STAFF DISCUSSION The applicant desires to construct a new freestanding monument sign at the location of the Cotton Patch Café restaurant. This sign is to replace the restaurant’s current “lollypop” styled sign, see attachment No. 3. This application is nearly identical to ones reviewed by the Board of Adjustment in late 2015 for the Bank of the Ozarks and Cobb-Vantress to allow for internally lit monument signs.

3/10/2017 P.N. 03-05487-000. BOA17-01 3

Monument signs are defined as free standing signs that do not use a pole, or similar structure, to erect the sign facing. These signs are generally made of natural materials, such as brick or stone, and are set lower to the ground. The applicant is requesting that the sign have direct illumination. The Sign Code specifies that monument signs cannot be internally lit, or that illumination be indirect, which means an exterior light source is directed to shine on the sign’s surface, similar to older styled signs that have exterior lights that hang over the face and illuminate the sign’s area below. The applicant’s agent makes the following statement, “Externally lit signs require ground lighting / landscaping which in our experience is more difficult to maintain and keep in good repair.” The applicant goes on to say that, “the proposed sign design coordinates with our building design and will not damage any property value.” Staff believes these statements meet the test relating practical difficulties due to circumstances unique to the individual sign under consideration. In the next Sign Code update, staff intends to allow for internally lit monument signs due to the frequency of variances received for this kind of sign lighting, the subject variance being the third one submitted since this section was added to the Sign Code. The previous two variances for this issue were approved by the Board of Adjustment on the general grounds that internally lit signs could improve safety, by preventing high wattage spotlights from shining errant light onto the motorists as they travel along the roadway. Staff believes arguments can be made on either side of the issue. It is assumed that the Code restricts lighting to indirect only primarily for aesthetic purposes, but given the preponderate signage along Hwy. 412, an internally lit sign will not be out of character with the neighborhood, or detrimentally impact surrounding properties. Due to the Sign Code limitations aforementioned, staff believes the applicant has legitimate hardships. LEGAL NOTICE Staff received no information that: the proposal interferes with the reasonable peace or enjoyment of the neighboring properties; the property values will be substantially damaged; the proposal is not adequately supported by infrastructure.

Site posted: February 02, 2017. Newspaper legal notification: February 19, 2017 (Arkansas Democrat Gazette). Letter legal notification: February 16-19, 2017. Staff received one phone call of a questioning nature and no correspondence on the request.

Fiscal Impact None Attachments

Statement of Hardship Sign Exhibit Existing Sign General Area Map

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Product Number:

Date: Project Name:

Coast Sign Description (short):

Customer Description (if applicable):

Scale:

Drawn:

This is an original unpublished drawing created by Coast Sign, Inc. It is submitted for your personal use in conjunction with a project being planned for you by Coast Sign, Inc., And shall not be reproduced, used by or disclosed to any firm or corporation for any purpose whatsoever without written permission.

No. ECO Description Engineer Date

11 X 17 TEMPLATE VERSION 1.0

of

Client Approval:Sales: Date:File Location: ECO Level:

4

5

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1

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3 COPC-MONU-00002

W:\COTTON PATCH\ENGINEERING\

4

GILBERT

JASYN P.

COTTON PATCH CAFÉ (SILOAM SPRINGS, AR)03-06-2017

8’-4” X 7’-6” CUSTOM D/F MONUMENT

0000

NOTED

1

1.) UPON DELIVERY INSPECT AND TEST LIGHT SIGN, NOTIFY COAST SIGN IMMEDIATELY OF ANY PROBLEMS.2.) EXCAVATE FOUNDATION AND ELECTRICAL CONDUIT, SET REBAR CAGE AND ANCHOR BOLTS IF REQUIRED, REMOVE EXCESS SOIL.3.) SET COLUMN PLUM AND LEVEL, POUR CONCRETE AND ALLOW (7) DAYS TO CURE.4.) SET SIGN COLUMN COVER AND SIGN HEAD USING HARDWARE PROVIDED.5.) MAKE ALL ELECTRICAL CONNECTIONS AND TEST LIGHT. *INSTALLATION OF ALL WIRING AND ELECTRICAL CONNECTIONS MUST CONFORM WITH NATIONAL ELECTRICAL CODES AND ALL ELECTRICAL CONNECTIONS MUST BE MADE BY PERSONNEL QUALIFIED BY LOCAL CODE REQUIREMENTS. * SIGN AND STRUCTURE MUST BE PROPERLY GROUNDED PER NATIONAL ELECTRICAL CODES AND LOCAL APPLICABLE CODES. * ALL UNDERGROUND ELECTRICAL CONNECTIONS MUST BE IN ACCESSIBLE AND APPROVED WATERPROOF ELECTRICAL BOXES. * MAKE CERTAIN THAT SERVICE TRUCK EQUIPMENT IS PROPERLY GROUNDED BEFORE SERVICING SIGN. * DO NOT TEST LIGHT SIGN WITH SERVICE TRUCK GENERATOR.6.) CLEAN CABINET, FACES AND TOUCH UP WITH PAINT PROVIDED7.) CLEAN SITE OF ALL DEBRIS.8.) INSTALLATION MUST COMPLY WITH NATIONAL ELECTRICAL CODES AND ALL LOCAL ELECTRICAL CODES.

INSTALLATION INSTRUCTIONS FOR PYLONS AND MONUMENTS:

1.) THIS SIGN IS INTENDED TO BE INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 600 OF THE NATIONAL ELECTRICAL CODE AND/OR OTHER APPLICABLE LOCAL CODES. THIS INCLUDES PROPER BONDING & GROUNDING OF THE SIGN2.) BRANCH CIRCUIT: A.) ALL BRANCH CIRCUITS FOR SIGNS MUST BE TOTALLY DEDICATED TO SIGNS (INCLUDING DEDICATED GROUND AND DEDICATED NEUTRAL PER CIRCUIT). B.) SIGN CIRCUITS MUST NOT BE SHARED WITH OTHER LOADS SUCH AS LIGHTING, AIR CONDITIONING AND OTHER EQUIPMENT. C.) PROPERLY SIZED GROUND WIRE THAT CAN BE TRACKED TO THE BREAKER PANEL MUST BE PROVIDED.3.) U.L. AND DATA LABELS REQUIRED4.) SIGN LABEL TO INDICATE SIGN SUITABLE FOR WET, DAMP, OR DRY LOCATION5. ) SIGN SATISFIES ALL REQUIREMENTS OF TITLE 24.6. ) OUTDOOR SIGNAGE TO EMPLOY EITHER PHOTOCELL OR OUTDOOR ASTRONOMICAL TIMER

GENERAL NOTES:

FACES:............... .177” THK. WHITE POLYCARBONATE GRAPHICS:........ FULL COLOR DIGITAL PRINT ON TRANSL. WHITE VINYL RETURNS:......... .090” THK. ALUMINUM RETAINER:........ 2” X 2” X 1/8” THK. ALUM. ANGLE ILLUMINATION:.. 72” QWIK STIK D/S PW LEDS

LOGO CABINET:

ELECTRICAL SPECIFICATIONS:(6) 72” QWIK STIK D/S LEDS (PL-QS72-PW-DS)(2) PL-120-12U POWER SUPPLIES @ 2.2 AMPS EA.(1) CUSTOMER PROVIDED 120V/20A/60HZ DEDICATED CIRCUIT REQUIRED TOTAL CIRCUIT LOAD:

4.4 AMPS @ 120 VAC

GENERAL SPECIFICATIONS:

ONON

COLOR SPECIFICATIONS:

PAINT : T/M SHERWIN WILLIAMS SW7040 SMOKEHOUSE, SATIN FINISH

3M VINYL: #7725-12 BLACK OPAQUEPAINT: BLACK, SATIN FINISH

.177” THK. WHITE POLYCARBONATE

11

FRONT VIEW @ D/F MONUMENTScale: 1/2”=1’-0”

GRADE

8’- 4

”

4”

2’ -

0”

8’- 0

”

6’- 0

”

2”

2”

5’ -

8”

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2-1

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7’- 3-3/4”CONC. PAD

2’ -0”CONC. PAD

2’ -0”CONC. PAD

6’- 0” 1’- 6”

1’- 7

”

1’- 6”

1’- 7”

1’- 4

-1/2

”

2’- 0

”

1’- 4-1/2”

1’- 7”

2”

6’- 0

”4”

2’ -

0”

L-SIDE VIEW R-SIDE VIEW

TOP VIEW

TOGGLE SWITCH& PHOTOCELL

PAINT LOGO CABINET RETURNS& RETAINERS BLACK, SATIN FINISH

EXPOSED CONCRETE

PAD

HARDIE PANEL-COVEREDBACKGROUND CABINET(CEDARMILL) PAINT T/M SHERWIN WILLIAMS SW7040 SMOKEHOUSE, SATIN FINISH

FULL COLOR DIGITAL PRINTON TRANSLUCENT WHITE VINYL

Product Number:

Date: Project Name:



Scale:

Drawn:




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0000

NOTED

22

12

(NEW) CONCRETE PAD DETAILScale: 1/2”=1’-0”

8’- 4

”

6’ - 0” 1’ - 6”

6’- 0

”

4”

8’- 0

”

2’- 0

”

GRADE

1’ - 4-1/2”LOGO CABINET

ONON

L-SIDE SECTION R-SIDE SECTION

7’ - 3-3/4”(NEW POUR CONRETE PAD)

4” X 4” TUBE STEEL(EXISTING)

CUT DOWN SIZE TO8’- 3-5/8” FROM

GRADE

LOGO CABINET DETAILS ON PAGE 3

FABRICATED BACKGROUNDCABINET DETAILS

ON PAGE 3

SECTION DETAILS ON PAGE 3

1’ - 7”BKGD. CABINET

SECTION DETAILS ON PAGE 3

10”

2’ - 0”(NEW POUR CONRETE PAD)

2’ - 0”(NEW POUR CONRETE PAD)

(2) #4’S TOP& BOTTOM

Product Number:

Date: Project Name:



Scale:

Drawn:




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NOTED

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5’- 1

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5’- 11-9/16”ANGLE FRAME

2’- 0

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4-1/4”CLEARANCE

2’- 0-1/4”3’ -7-1/16”

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13

FRONT STRUCTURAL/ELECTRICALScale: 3/4”=1’-0”

1-1/2” X 1-1/2” X 3/16” THK.ALUM. ANGLE FRAME

(LOGO CABINET)

2” X 2” X 3/16” THK.ALUM. ANGLE FRAME

(BACKGROUND CABINET)

.090” THK. ALUM. RETURNS(LOGO CABINET)

.090” THK. ALUM. SKIN(BACKGROUND CABINET)

TOGGLE SWITCH& PHOTOCELL

(6) 72” QWIK STIK D/S LEDS(PL-QS72-PW-DS)



1/2” BOLT

LIFT NUTHERE

13”LED

12”LED

12”LED

12”LED

12”LED

6-5/16”LED

4-1/4”LED

LIFT NUTHERE

1’ - 10”

1’ - 3-3/4”ANGLE FRAME

11-5/16”ANGLE FRAME

1’- 4-13/16”ANGLE FRAME

L-SIDE SECTION R-SIDE SECTION

3/8” BOLT

1/4”GAP2” X 2” X 1/8” THK.

ALUM. ANGLE RETAINER

.177” THK. WHITEPOLYCARBONATE FACE

RETAINER THIS SIDEREMOVABLE

FOR SERVICE

4” X 4” TUBE STEEL(EXISTING)

CUT DOWN SIZE TO8’- 3-5/8” FROM

GRADE

4”

4” EXPOSEDCONCRETE PAD

Product Number:

Date: Project Name:



Scale:

Drawn:




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NOTED

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PLAN SECTION (BACKGROUND CABINET)Scale: 1”=1’-0”



4-1/4”CLEAR

3’ - 6-5/8” 2’ - 1-1/8”

11-5

/16”

AN

GLE

F

RA

ME

2500 (MIN.) PSICONCRETE PAD

-BY OTHERS

2” X 2” X 3/16” THK.ALUM. ANGLE FRAME

.090” THK. ALUM. SKIN

(2) LAYERS OF5/16” THK. HARDIE BOARD

WITH EXTRA STRIP@ TOP & BOTTOM

3-3/4” 1-1/2”

24

PLAN SECTION (HARDIE BOARD PATTERN)Scale: 1”=1’-0”

3-3/4”

1-1/2”1-1/2”

3”

1-1/2”

3-3/4” 3-3/4”

1-1/2”1-1/2”

3”

1-1/2”

3-3/4”

1-1/2”

3-3/4”

1’ - 5-3/4”

1’ -

6”

3-3

/4” 1-1

/2”

1-1

/2”

3-7

/8”

3-7

/8”

1-3

/4”

1-3

/4”

1’ -

0-1

/2”

1-3

/4”

1-3

/4”

1-1

/2”

3-3

/4”

3-3

/4”

4

THIS SIDEREMOVABLE FOR ELECT. ACCESS

BOA17‐01 – Cotton Patch Café SignExisting Sign

A-1

C-2 C-2C-2

R-4I-1

R-4

ROW

RU

I-1C-2 I-2C-2

R-4

RURALRURAL

C-2

C-2 C-2

C-2 C-2

R-2

C-2

R-4C-2

C-2

C-2

R-4

C-2

C-2

C-2

R-4RURAL

C-2

RURALR-4

I-2

C-2

C-2

C-2

I-1

R-4

-4

R-4

R-4R-4

R-4

R-4

R-4

R-4

R-4

R-4R-4

R-4

R-4R-4R-4R-4R-4R-4

R-4

4

4

2

Sign Variance BOA17-01 ´

0 0.085 0.170.0425 Miles

GENERAL AREA MAP

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3/10/2017 P.N. 0303047-000. BOA17-02 1

STAFF REPORT TO: Board of Adjustment FROM: Ben Rhoads, AICP, Senior Planner Cc: Don Clark, Community Services Director DATE: March 10, 2017 RE: Variance Development Permit, BOA17-02 Recommendation: City staff does not provide recommendations for variances. Background: APPLICATION REVIEW DATE Special–Called Board of Adjustment Review: March 14, 2017 APPLICANT AND AGENT Applicant/Owner: Scarbrough Family Trust Future Applicant/Owner: Prairie Land Holdings, LLC* Agent: Bartlett Architecture, Inc. – Dan Bartlett, AIA, NCARB, ICC /

Global Surveying Consultants, Inc. – Paxton R. Singleton, President, PLS * The land ownership is proposed to be changed from the current owner to the future owner upon approval of the significant development permit. SUBJECT PROPERTY ADDRESS 1000 Block of Cheri Whitlock Dr. INTERNET MAP INFORMATION Planning staff has created a map made with Google My Maps. Attribution: Map data ©2017 Google Imagery ©2017, Arkansas GIS, DigitalGlobe, Landsat, State of Arkansas, USDA Farm Service Agency Washington County. Please click on the following link to access. This link will only operate if reading this report digitally. https://drive.google.com/open?id=1blLbBU5aAITLlm8kT-gUiJNlRFw&usp=sharing PROJECT INTENT The applicant desires to ESTABLISH A DRIVEWAY THAT ENCROACHES 37.5 FEET INTO THE 75 FOOT DRIVEWAY TO RIGHT-OF-WAY SETBACK ON AN COLLECTOR STREET, on property in the C-2 (Roadway Commercial) zone. This is a direct code violation of §102-78(2)(b) of the Siloam Springs Municipal Code.

https://drive.google.com/open?id=1blLbBU5aAITLlm8kT-gUiJNlRFw&usp=sharing

3/10/2017 P.N. 0303047-000. BOA17-02 2

REFERENCE APPLICATIONS The following planning application is in reference to this application: SD17-03 (Significant Development Permit). The application will be heard at the regular meeting of the Planning Commission on March 14, 2017 EXISTING LAND USES AND ZONING

EXISTING LAND USE EXISTING ZONING Vacant Lot C-2 District (Roadway Commercial)

PROPOSED LAND USE PROPOSED ZONING Commercial—Retail Convenience Store No zoning change is proposed

SURROUNDING LAND USE SURROUNDING ZONING North: Single-family Residential/

Institutional/Office North: R-2 (Residential, medium)

South: Single-family Residential South: R-3 (Residential, two-family) East: Vacant East: C-2 District (Roadway Commercial) West: Single-family Residential/

Vacant West: R-2 (Residential, medium)/

R-3 (Residential, two-family) APPLICABLE CODE REQUIREMENTS §102-78(2)(b) of the Siloam Springs Municipal Code. Excerpt from Section 102-78(2) Collector streets:

“ * * * *

b. 75 feet from the boundary of the right-of-way any other street which intersects the same collector street; and

* * * * ” APPROVAL CRITERIA Unlike traditional permit applications that are reviewed by the Planning Commission, variances do not receive a staff recommendation. Approval of variances are based on the Board of Adjustment’s determination as to if there is a hardship based on the following criteria shown in Section 54-34 of the Municipal Code.

(1) The board’s determination of whether there is “undue hardship unique to the property” should reflect whether, and the degree to which, the applicant has convincingly demonstrated that:

a. The need for the variance arises from a uniqueness of the property not frequently occurring in the zone; and that b. The uniqueness of the property was not caused, allowed, or known prior to purchase,

by the owner, or has existed for a minimum of 15 years. (See the attached Statement of Hardship form for the applicant’s argument for a hardship.

Hardships cannot be financial in nature.)

(2) The board’s determination of whether approval of the development permit would be “in keeping with the spirit and intent of the Code” shall reflect whether, and the degree to which, the applicant has convincingly demonstrated that the proposed variance:

3/10/2017 P.N. 0303047-000. BOA17-02 3

a. Will not substantially damage, without fair recompense, any property value in the

neighborhood; b. Will not substantially impair the neighborhood’s quality of life, including without

limitation, sound and traffic levels, pedestrian and vehicular access, visual presentment, and character;

c. Will not, by the nature of the variance, tend to burden the present or future use of neighboring properties in accordance with current zoning standards; and

d. Is mitigated in impact by permanent characteristics of the lot or adjacent uses of land including, without limitation, natural features or permanent easements.

(3) Conditions. The development permit allowing variance from land regulations may require, as

a material condition essential to any authorization it confers, that any lots and any construction be located and designed in a manner which best:

a. Provides safe and convenient traffic flow; b. Maximizes the effectiveness of all drainage patterns and facilities; and c. Remains compatible with neighborhood architecture and layout, and with city growth

and planning. The applicant’s failure to fully perform the conditions shall render the development permit void and invalid and of no further effect, and the use shall immediately be conformed to the applicable regular zoning standards of this Code without any period of nonconformity.

STAFF DISCUSSION The applicant is requesting permission to open a new driveway located at the 1000 block of Cheri Whitlock Dr. for the benefit of Dollar General Store. The store currently is under review as a significant project; see reference applications section of this report. The applicant’s Statement of Hardship argues that opening the proposed subject drive will improve traffic flow on the property. The City supports this argument. The applicant desires to provide the safest possible traffic scheme for the new store. The new drive will allow westbound egress traffic to take advantage of the existing signal at Hico and Cheri Whitlock Dr. By adding the drive, vehicles will not be forced to use the principal ingress/egress drive, which will be shared with the lot to the east of the site. The drive will be a right-in and right-out drive, to avoid additional traffic congestion at the drive and intersection. Furthermore, the removal of westbound traffic from the main Cheri Whitlock drive will prevent vehicles from attempting a difficult left turn being so close to the Hico/Cheri Whitlock Dr. intersection, not to mention potential conflicts with vehicles entering Cheri Whitlock Dr. via Inglewood St., to the north of the project site. The applicant is physically unable to add the Hico St. drive onto the site without encroachment into the drive setback from the Hico/Cheri Whitlock intersection. It is impossible due to the City requirement for on-site storm water detention, which must be situated at the southwest corner of the lot. Shifting the building, parking lot, and drive south to meet the required drive setback would mean that the drainage area would be compromised. Furthermore, the corner is unique in that the Cheri Whitlock Dr. right-of-way angles in, cutting into the northwest corner of the lot, curtailing lot space that is typical at an intersection. The physical geometry of the intersection is a common one, in that the streets are perpendicular, so the right-of-way widening at this location is unique, and does not frequently occur in the C-2 zone. Staff believes the applicant has demonstrated unique aspects of the property regarding the right-of-way configuration and the limited space on the property that is not the result of the recently approved lot split on the same property. As seen in the approval criteria section of this report, determining unique characteristics on the property, leading to a hardship, qualifies the approval of variance. Additionally, the applicant’s request meets the first condition for variances as shown in regulation (3)(a) in that the proposal “provides safe and convenient traffic flow”.

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Finally, it should be disclosed that the City strongly encouraged the applicant to seek approval of this variance, as City staff believes the overall plan will be greatly improved by the secondary drive. The original plan did not include the Hico drive outlet; the applicant added it at the City’s request due to the reasons already stated in this report. In summary, staff believes the applicant has a legitimate hardship and is in support of the variance. LEGAL NOTICE Site posted: February 20, 2017. Newspaper legal notification: February 26, 2017 (Arkansas Democrat Gazette). Letter legal notification: February 23-25, 2017. Staff received no phone calls or correspondence on the request.

Fiscal Impact None Attachments Statement of Hardship Site Plan Bird’s Eye View General Area Map

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0 0.085 0.170.0425 Miles

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Documents

CITY OF SILOAM SPRINGS BOARD OF ADJUSTMENT AGENDA I