Zoning Adjustment Board OKs nonconforming lots
The Board of Zoning Adjustments gave its approval for a pair of nonconforming lots at 2690 Oldham Road, just off U.S. Highway 71, during its regular meeting on Oct. 17.
A lot split, which had the Planning Commission’s approval, would result in two lots that would not conform to city code, because they are zoned C-4 (Commercial) but do not meet the three-acre minimum size for that zoning designation, associate planner Sarah Bingham explained. That minimum, she said, was set in the most recent zoning update, and several lots in this general area are zoned C4 without meeting that minimum.
Chris Suneson, director of Community Development Services, said that city staff supports granting this waiver.
“I think the basic issue that the board is looking at and considering this application is whether extending a nonconformity makes sense,” he said. “This entire area that we’re talking about is all C-4 properties…. We’re supportive as a staff of the application simply because it extends that development pattern.”
According to the review criteria in the city’s staff report, failing to grant this waiver could result in the property owners being denied rights that other property owners enjoy — specifically, other properties have a C4 designation and use on similarly-sized lots, including nearby lots.
“We believe that the code is placing an undue burden on the applicant,” Suneson said.
Chairman Chuck Whittenberg said he wanted to be sure there would be adequate access.
“I’m concerned about that because now you’ve got three buildings served by Dr. Yoos’ parking lot,” he said. “I’m concerned about the safety of all the people using those lots.”
The board agreed to add a condition to the approval that a 25-foot-wide easement would need to be placed and centered on the new property line to allow for a 24-foot wide driveway with six inches of drainage on either side.
Additionally, the board included the staff-recommended conditions that the revised plat be accepted by the owners, utilities and City Council.
“I know this is a laborious process,” Suneson said. “This is going to stand up in court if anyone ever wants to appeal it. You all have deliberated it properly.”
The board also discussed changing the board’s meeting time and location. Currently, the board meets the third Thursday of the month at 7 p.m. in City Hall.
Suneson said providing a time that people can attend is important to be fair to the applicants.
The board agreed to meet at 5:30 p.m. on the same day, and move the venue to Bella Vista’s new court facility. If the city council moves to a Tuesday — for a holiday, for instance — the board will move to Thursday to avoid scheduling conflicts. The new schedule will take effect starting January 2018.