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Board approves variance and development plan to allow window changes and rear overhead door at 17 N. 10th St.
Summary
The Board of Zoning Adjustment and the Planning Commission approved a variance and accompanying development plan to replace second-story windows and install an overhead rolling door at a mixed-use building in the Garrison form-based code area, with staff conditions.
The Fort Smith Board of Zoning Adjustment and Planning Commission on April 8 approved a variance and an accompanying development plan allowing replacement of second-story windows and installation of an overhead rolling door at 17 North Tenth Street, in the Garrison form-based code area.
City planning staff said the applicant, listed as D and D Tyler Investments LLC with Brett Abbott as agent, seeks to change existing upper-story windows to operational windows to satisfy building-code ingress and egress requirements and to install an overhead rolling door on the rear façade to provide off-street loading for a mixed-use retail and residential redevelopment.
Staff noted form-based code provisions (sections cited in the staff report) generally require preservation of original window shape and wood sash and discourage altering upper-story window shapes, but concluded the proposed windows are similar in style and shape and that the proposed overhead door replaces an existing façade opening on the rear of the structure. Staff recommended approval subject to construction complying with the submitted development plan and limited amendments per the UDO section 27-3-307.
The Board of Zoning Adjustment voted 7-0 to approve the variance. The Planning Commission then voted 7-0 to approve the development plan, each by roll-call vote. The applicant was present and no opposition was recorded at the hearing.
Staff advised that a neighborhood meeting was held on March 25; one neighboring property owner attended with no objections. Construction must comply with the submitted plans and any permitted amendments must remain within the limits described in the UDO.
