HomeMy WebLinkAboutOrdinance 4529 ORDINANCE NO, 4529
AN ORDINANCE APPROVING VAC 03- 11 .00 TO VACATE A
PORTION OF A UTILITY EASEMENT ALONG LOT 51 OF THE
BROOKBURY SUBDIVISION AS DEPICTED ON THE
ATTACHED MAP AND LEGAL DESCRIPTION.
WHEREAS, the City Council has the authority under A.C.A. §14-54- 104 to vacate public
grounds or portions thereof which are not required for corporate purposes, and
WHEREAS, the City Council has determined that the following described utility easement
is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City of Fayetteville, Arkansas hereby vacates and abandons all of
its rights together with the rights of the public generally, in and to the following described utility
easement.
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
PASSED and APPROVED this the 18'h day of November, 2003 .
` 10EryE '`*
APPROVED:
LL ;
o By:
DAN COODY, Mayor
ii
SONDRA SMITH, City Clerk
I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID : 006814140002 TVDe : REL
Recorded : 12/29/2003 at 10 : 01 : 46 AM
Fee Amt : $11 . 00 Pace 1 of 2
Washington county . AR
Bette stamos circuit Clerk
FS1e2003-00064826
EXHIBIT "A"
VAC 03-11,00
A PART OF LOT NUMBERED FIFTY-ONE (5 1 ) OF BROOKBURY WOODS SUBDIVISION, PHASE
II, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF
THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT
THE NORTHWEST CORNER OF SAID LOT FIFTY-ONE (51 ); THENCE N77°00'00"E ALONG THE
NORTH LINE OF SAID LOT FIFTY-ONE (51 ) 22.74 FEET; THENCE S13°00'00"E 8.87 FEET TO
THE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF THE ROOF
OVERHANG; THENCE N77°25 '33"E ALONG THE NORTHERNMOST ROOF OVERHANG 69. 10
FEET TO THE NORTHEAST CORNER OF SAID ROOF OVERHANG; THENCE S12°34'27"E
ALONG THE EASTERNMOST ROOF OVERHANG 0.62 FEET TO A POINT ON THE TEN ( 10)
FOOT UTILITY EASEMENT LINE WHICH IS PARALLEL WITH THE NORTH LINE OF SAID LOT
FIFTY-ONE (51 ); THENCE S77°00'00"W ALONG SAID UTILITY EASEMENT LINE 65 .30 FEET
TO THE INTERSECTION OF THE NORTH UTILITY EASEMENT LINE AND WEST UTILITY
EASEMENT AND BUILDING SETBACK LINE; THENCE S20°30'00"E ALONG THE WEST
UTILITY EASEMENT AND BUILDING SETBACK LINE 36.01 FEET; THENCE SIO°00'00"E
ALONG THE WEST UTILITY EASEMENT AND BUILDING SETBACK LINE 12. 14 FEET TO A
POINT ON THE SOUTH SIDE OF AN EXISTING DECK; THENCE S77°25 ' 33"W 7.22 FEET TO THE
SOUTHWEST CORNER OF SAID DECK; THENCE N12°34'275'W ALONG THE WEST SIDE OF
SAID DECK 30.70 FEET TO THE SOUTH EDGE OF A ROOF OVERHANG; THENCE S77°25 '33"W
1 .00 FEET TO THE SOUTHWEST CORNER OF SAID ROOF OVERHANG; THENCE N12°34'27"W
ALONG THE WEST EDGE OF SAID ROOF OVERHANG 18.20 FEET TO THE POINT OF
BEGINNING, CONTAINING 357 SQUARE FEET, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
1212912003 10:01 :46 AM
and recorded in Real Estate
File Number 2003-00064826
Bette Stamps . Circuit Clerk \
by
NAME OF FILE: Ordinance No, 4529
CROSS REFERENCE:
Item # Date Document
1 10/31 /03 memo to mayor & city council
draft ordinance
memo to planning commission
Itr to Jeremy Pate
copy of survey description
copy of parcel information
copy of building permit application
zoning information
copy of lot
copy of perimeter
copy of COZC
copy of Close Up View
copy of One Mile View
staff review form for 11 /18/03 mtg
2 11/21/03 memo to Dawn Warrick
3 11 /24/03 Affidavit of Publication
NOTES:
4 12/29/2003 filed at the Wash. Co. Courthouse
a�
City Council Me*g of November 18, 2003 /iA/
Agenda Item Number ySLy
CITY COUNCIL AGENDA MEMO 46 0- 1141/P?ra-OL
�,
�r�p0�
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director( .
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
U19-
Date: October 31 , 2003
Subject: Vacation of a portion of a utility easement at 2721 Shadybrook Cove
(VAC 03- 11 Salazar)
RECOMMENDATION
Staff recommends approval of an ordinance vacating a portion of a utility easement
located at 2721 Shadybrook Cove (lot 51 , Brookbury Subdivision) where a portion of a
single family home encroaches the easement.
BACKGROUND
Property description: The subject property is located at 2721 Shadybrook Cove. The
property is zoned RSF-4, Residential Single-family, 4 units per acre. This lot is located in
the Brookbury Subdivision and is surrounded by single family homes in the RSF-4
zoning district. The rear of the subject property contains a 25 ' utility easement and
setback. There is a sunroom and deck structure constructed at the rear of the house which
encroach this easement area. The overhang on the north side of the home also encroaches
a utility easement by one foot.
History: Staff has researched this property to determine the cause for this encroachment.
The encroachment of the roof overhang on the north side of the home appears to have
been a contractor's error when the structure was originally sited on the lot. A building
permit was issued in July of 1996 for the single family home. The site plan and setback
information for that building permit do not reflect the sunroom and deck addition (a 32'
rear setback was reported by the applicant at that time). In June of 2000, a permit was
issued for the construction of an in-ground swimming pool on the property. This action
did not modify any existing site conditions or reflect structural changes.
The applicant has stated that when she signed a contract for the home, it was under
construction. At that time, the sunroom and deck were also being constructed. The
applicant has learned during the past two years of occupying the structure that there was
no permit issued which properly reflected the sunroom and deck.
1
• City Council Me*g of November 18, 2003
Agenda Item Number
Proposal: The applicant had a survey performed recently for the purpose of refinancing
the home which revealed an encroachment. No development proposals are currently
being considered for this property.
Request: The request is to vacate that portion of the utility easement which has been
encroached into by the sunroom and deck at the rear of this single family home.
DISCUSSION
No objections were voiced by any city divisions or franchise utilities. The Planning
Commission voted 7-0-0 to approve this request on the consent agenda at the October 27,
2003 Planning Commission meeting.
Note: A variance of the required 25 ' building setback that was platted with this
subdivision may only be granted by the Board of Adjustment. Should the applicant wish
to seek a variance in order for the structure to be considered legal and conforming, a
separate application needs to be processed.
A building permit for the sunroom and deck portion of this structure needs to be obtained
by the applicant in order for the City to have record of that construction activity. A
variance must be sought first and double permitting fees will be required in order for the
permit to be issued retroactively. Staff will work with the applicants to ensure that they
understand the processes required to seek resolution of this situation.
BUDGET IMPACT
None.
2
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 03- 11 .00 TO VACATE A PORTION OF
A UTILITY EASEMENT ALONG LOT 51 OF THE BROOKBURY
SUBDIVISION AS DEPICTED ON THE ATTACHED MAP AND LEGAL
DESCRIPTION.
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public
grounds or portions thereof which are not required for corporate purposes, and
WHEREAS, the City Council has determined that the following described utility easement
is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City of Fayetteville, Arkansas hereby vacates and abandons all of
its rights together with the rights of the public generally, in and to the following described street
right of way:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit `B" shall be filed in the office of
the Recorder of the County and recorded in the Deed Records of the County.
PASSED AND APPROVED this day of 2003.
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Sondra Smith, City Clerk
EXHIBIT "A"
VAC 03-11.00
A PART OF LOT NUMBERED FIFTY-ONE (5 1 ) OF BROOKBURY WOODS SUBDIVISION, PHASE
II, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF
THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF SAID LOT FIFTY-ONE (51 ); THENCE N77°00'00"E ALONG THE
NORTH LINE OF SAID LOT FIFTY-ONE (51 ) 22.74 FEET; THENCE S13°00' 00"E 8.87 FEET TO
THE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF THE ROOF
OVERHANG; THENCE N77°25 '33"E ALONG THE NORTHERNMOST ROOF OVERHANG 69. 10
FEET TO THE NORTHEAST CORNER OF SAID ROOF OVERHANG; THENCE S12134'27"E
ALONG THE EASTERNMOST ROOF OVERHANG 0.62 FEET TO A POINT ON THE TEN ( 10)
FOOT UTILITY EASEMENT LINE WHICH IS PARALLEL WITH THE NORTH LINE OF SAID LOT
FIFTY-ONE (51 ); THENCE S77°00'003'W ALONG SAID UTILITY EASEMENT LINE 65.30 FEET
TO THE INTERSECTION OF THE NORTH UTILITY EASEMENT LINE AND WEST UTILITY
EASEMENT AND BUILDING SETBACK LINE; THENCE S20°30'00"E ALONG THE WEST
UTILITY EASEMENT AND BUILDING SETBACK LINE 36.01 FEET; THENCE S10°00'00"E
ALONG THE WEST UTILITY EASEMENT AND BUILDING SETBACK LINE 12. 14 FEET TO A
POINT ON THE SOUTH SIDE OF AN EXISTING DECK; THENCE S77°25 '33"W 7.22 FEET TO THE
SOUTHWEST CORNER OF SAID DECK; THENCE N12°34'27"W ALONG THE WEST SIDE OF
SAID DECK 30.70 FEET TO THE SOUTH EDGE OF A ROOF OVERHANG; THENCE S77°25 ' 33"W
1 .00 FEET TO THE SOUTHWEST CORNER OF SAID ROOF OVERHANG; THENCE N12°34'27"W
ALONG THE WEST EDGE OF SAID ROOF OVERHANG 18.20 FEET TO THE POINT OF
BEGINNING, CONTAINING 357 SQUARE FEET, MORE OR LESS.
0 0
FAYETTEVILLE PC Meeting of October 27, 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
FROM: Matt Casey P.E. Staff Engineer
DATE: October 20, 2003
VAC 03-11.00: Vacation (Salazar, pp 294) was submitted by Michael and Jill Salazar for
property located at 2721 Shadybrook Cove. The property is zoned RSF-4, Residential Single-
family, 4 units per acre. The request is to vacate a portion of a utility easement along lot 51 of
the Brookbury Subdivision.
Findings: See the attached maps and legal descriptions for the exact locations of the requested
utility easement vacation. The request is to vacate only the portion of the easement that is
encroached upon by the existing structure.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections.
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW Bell No Objections.
Cox Communications No Objections.
City of Fayetteville:
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No objections
ft 0
Recommendation: Approval of the proposed utility easement vacation 03- 11 .00 subject to the
following conditions.
Conditions of Approval:
1 . Any relocation of existing utilities will be at the owner' s expense.
2. Encroachment upon building setbacks by the existing structure requires a separate
action and approval by the Board of Adjustment.
PLANNING COMMISSION ACTION: yes Required
J Approved Denied
conscri
Date: 10- t.1 -
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: / /
10/70/09 THU 11 : 46 FAX 479 973 8099 STATE FARM SERVICE CTR fciJ002
i •
October 30, 2003
Jeremy Pate
Associate Planner
City of Fayetteville
RF: 2721 Shadybrook Cove
U_a 51 Brookbiuy Woods subdivision)
Dear Mr. Pate,
As requested, we arc writing to you to explain the need for the vacationivariance on our property located at
2721 Shadyhrook Cove in Fayetteville, Arkmsas. The builder was rtmnmg behind on complerbtg a number
of items by the closing date. it was later determined that a portion of the structure was in the setback.
Apparently the builder did not have a survey completed prig to construction, flue to the lowering of
interest rates we had the house refinanced. We had a survey done which confirmed the encroachment'
Please let us know if you need additional mformatiot>. We appreciate your consideration.
Sincerely,
Wke & Full Salam
E
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Real Estate Parcel Informatio • Page 1 of 2
Record 1 of I Last Updated 10/30/03
Parcel Number: 765-19893-000 Prev. Parcel Number: 765-13283 & 13292 Type: RI
Location: 2721 N SHADYBROOK CV
Owner Name: ALMON, GERALDINE
Mailing Address: 2721 SHADY BROOK COVE
FAYETTEVILLE AR
72703
Lot: 051 Block:
S -T -R: 31-17-29
Addition: BROOKBURY WOODS
School District: FAYETTEVILLE SCH,
FAY
Tax District: 011
City: FAYETTEVILLE
Legal:
Current Year A79 Credit Status: F
Last Appraised: 2001
Appraised Value
Taxable Value
Land
40,000
7,400
Improvement
253,150
41,270
Total
293,150
48,670
Tax History
Year Taxable Va orem Dist. Timber Voluntary
Total Tax Total Tax
A79 A79 Payment
Value Tax Tax Tax
Tax
Paid
Credit Status Status
2002 48,670 $2,228.89 $0.00 $0.00
$0.00
$2,228.89 $2,228.89
$300 F PAID
2001 48,670 $2,228.89 $0.00 $0.00
$0.00
$2,228.89 $2,228.89
$300 F PAID
2000 45,090 $2,367.23 $0.00 $0.00
$0.00
$2,367.23 $2,367.23
O PAID
1999 45,090 $2,308.61 $0.00 $0.00
$0.00
$2,308.61 $2,308.61
PAID
1998 45,090 $2,313.12 $0.00 $0.00
$0.00
$2,313.12 $2,313.12
PAID
1997 37,560 $1,926.83$0.00 $0.00
$0.00
$1,926.83$1,926.83
PAID
1996 7,400 $0.00 $0.00 $0.00
$0.00
$0.00 $0.00
PAID
Available Tax Payment Receipt(s)
Ad Imp.
Year Receipt Payment Valorem Dist. Timber Voluntary Penalty Payment
# Date Tax Tax Tax Tax Tax
2002 15812 4/30/2003 $2,228.89 $0.00 $0.00 $0.00 $0.00 $2,228.89
2001 35999 5/7/2002 $2,228.89 $0.00 $0.00 $0.00 $0.00 $2,228.89
2000 2682 4/17/2001 $2,067.23 $0.00 $0.00 $0.00 $0.00 $2,067.23
1999 6706 4/3/2000 $2,308.61 $0.00 $0.00 $0.00 $0.00 $2,308.61
Deed History
Deed Sale Revenue
Date Book Page Granteel Grantee2
Type Amount Amount
ALMON, MICHAEL
11/15/2001 2001 153115 GERALDINE SHANE & JILL TD 0 0.00
JEAN; LYNN
SALAZAR,
DMF 2001-153115 TD NO REV
SALAZAR,
3/1/1997 97 73234 MICHAEL & GERALDINE J. WD 0 0.00
JILL; ALMON,
LPW 97-73234 WD NO REV - NO DAY DATE ON DEED - ONLY
http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?BS=N&HN=1 &LU= 10... 10/31/2003
Real Estate Parcel Information • Page 2 of 2
MONTH & YEAR
SALAZAR,
1/13/1997 97 2647 MICHAEL & GERALDINE J. WD 261,000 861.30
JILL; ALMON,
LRR 97-2674 WD 861.30 (261 M)
SCHMITT, NEIL &
6/20/1996 96 40858 ROBERT N.; CAROLYN WD 37,000 122.10
SCHMITT,
ALP - 96-40858 WD $122.10 (37M)
DUNNERSTOCK AN ARKANSAS
711/1994 94 40959 DEVELOPMENT, CORPORATION 0 0.00
INC.,
94-63616 SEE 765-13283-000 & 13292-000 FOR PREVIOUS TITLE
First Total
StNructurer Occupancy Construction Floor Living Constr ca
Ae or Year Basement
ted
Type Type g Area
Area
I SF MV 2612 3060 3
WD
Sketch: L0-L.� MN
(2612)
2 30
5
22 62, MFA 2
L, 4 1 [670) 3
10L20J
Next Item I Previous Item I Parcel Map I Return to Search Results I Modify Search I New Search
http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?BS=N&HN=I &LU=10... 10/31/2003
ED
L3JILLIING PERMIT APPLICATION
Cy of Fayanevdle Inspection Olnslon
_ 113 W. Mountain Street
Fayetteville, AR 72701
Phone 575-6233
Date: 9fr
SITE ADD..ESS:_ a-'.?' SOADYtCcC. tool C. N
Lot:_ SI Block:- Subdivision:
Sec-Twn-Rng: 31-17-29 Plat: 9L Plan Check:_Y — Y N
Ownercr. --- Mailing AOEmssi
Review Routing & Approval
Gontractnr My i idiesi- --- _ — Yrp --- =-1 p�rle
Renew contact Phone: [State Contratdefs Lcenu ■ Espues
Work
Resident al:
04NEW _'.UDITION -_ALTERATION -REPAIR _MOVING —DEMOLITION OTHER
_ FOOTING ONLY _ EXTERIOR ONLY _ TENANT FINICH _ DESIGL/BUILD
SI ole Fami Muttd,. mil number of units Townhouse
Valuation of Work
B.wing Information
Structural
S 25 LPLAlC
a of Stories
(
Sum Total Area
sq. R
Electrical
$ I OOO
Height:
9
Total Heated/Cooled.
'� �SZ'i sq. ft
Plumbing
$ Te D'0O
Length :
I
fp�
Total Unheated:
G 00 sq. h
Mechanical
S_,y _D1tY'L7
Width:
ygr'
Add./Alt Area:
q. It
$
Slab Floor.
_X Y ___N
Public Sewer
a _N
luilding will comply with Arkansas Energy Code Requirements (Yes/NA): YE S -
Are you responsible for other buildings in this subdivision? (Yes/No): _ Engineering Division Approval:
:DESCRIP fiON OF WORK:
Use of Building: Previous Use:
NOTICE Const. Type
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL. PLUMBING Mar Dec. Load:
MECHANICAL. THOS PERMIT BECOMES NULL AND VOID G WORK! Pro tection (hr5):
CONSTRUCTION AUTHORIZED IS NOT COMM rNCED WITHIN 6 MONTHS.
OR IF WORKWCONSTRUCTION IS SUSPENDED OR ABANDONED FOR A
PERIOD OF 6 MONTHS AT ANY TOME AFTER WORK IS COMMENCED.
IH ereby cad y that I Mn read and a mined Ot application and Mine the sane to
be true and correct AO piovisic s of laws and ordinances governing this typo of wok
will be complied with whet er spelled herein or not The wanting of a patmil does
not presume to Pie authority to vio W e or cancel the rovisions of any alter stab a
local taw regulating construction or the pe Drina of
of wnsactor or authorized )l
Note: Inspection of permitted work may reveal codr: viola
Oct. Group:
Fire Zone:
Sprinkled: _Y_N
C
ZONING INFORMATION
ADDRESS aitt ww(eKmic Ca✓E
ZONING DISTRICT
PLOT PLAN The applicant must provide a drawing showing proposed buildings, additions to
existing buildings. off-street parking. driveways, and other proposed permanent improvements
like pools, hot tubs, hewing or A C. units, decks, carports, etc. The distance from any
proposed structure to property lines must be clearly indicated. If the building has an
overhang, you must show the distance from the overhang to the property line. NOTE:
Property lines can be accurately determined, only by survey. The street i 't the front
property line
Bilil DING SETBACKS
North,
South
East
West
Proposed Minimum Comments
lu'
It I"
17
72'
2cr
HEIGHT The height of the proposed building will be
ADDITIONAL REVIEW REQUIREMENTS
Board of Adjustment_ Large Scale Development
Planning Commission Lot Split
IMPROVEMENTS REQUIRED BY THE CITY
u tic Sidec:& A sidewalk is required along a). A- of s»w±ya0C coQE
scree s all be a minimum of 4 feet in width for residential and 5 feet for commercial,
constructed in accordance to specifications in the City Street and Sidewalk Ordinance,
House Numb No permanent water meter will be set until permanent house numbers
visi. 1 the street and at least 4" high) are installed on the building. House numbers
may not be changed without approval from the Water Department.
RI
H?CVED DRIVEWA AND PARKING AREAS These must be paved with double chip and
alt or portland cement.
( Drivewa ust be surfaced for a minimum of I2 feet into the property.
(b) Off -Street Parking The parking area(s) must be striped into a minimum of
le
•,. v ''
. .. . . 1-. `•:
:. .
u�
L
cgs
0 P
Y -
it
_ Y
w '
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b'
21 ` w�r�2
Flow
_
�R11�
I4'
Fayetteville City Codes Inspector,
measured the building setbacks from the ro erty lines I
establishied at 2%2)44.AlI.of the buildings'
exterior perimeter is shown on the drawing below and meets
setbacks.
Signuurc Date
2b
C
NY
Si
E
corzx lob -i3
APPLICATION FO!CERTIFICATE OF ZONIN6#COMPLIANCE
The applicant must provide a site plan, drawn to scale, showing setbacks and measurements from overhangs on all proposed
structures, existing structures, utility easements, off-street parking, driveways, landscaping and other proposed permanent
improvements like pools, hot tubs, heating or a.c. units, decks, carports, etc. The distance from any proposed structure to property
lines must be clearly indicated. Floor plans may be required for certain uses to verify zoning complisom NOTE: Property lines can
be accurately determined only by survey. The street is not the front property line.
ZONING REQUIREMENTS:
•PROPERTY ZONED: p- I
'PROPERTY OWNER
'PROPERTY OWNER'S ADDR
'BUILDING SETBACKS
•SCALE: / r20
•PROPOSE ILDI HEIGHT:_
•NOTES �pOl
'NUMBER OF DWELLING UNITS:I
'PUBLIC SIDEWALK a sidewalk is required
accordance to specifications in the City's Street i
'HOUSE NUMBERS no permanent water meter will be set until permanent house numbers (visible from thestr emt and at least 4" high) arc
installed on the building. House numbers may not be changed without approval from the Water Department
•DRIVEWAYS _MUST BE PAVED with hot mix asphalt or concrete and must be surfaced for a minimum of 1 ,x feet into the property.
=sOFTLSTREE PARKING: The-parking-erea(s) most -be striped into a minimum of - spaces of size, of these spaces,
shall be ADA accessible including for van accessibility, and shall include accessible ramps where needed. You ranust also provide curbs,
bumper guards or wheel stops so that no part of a parked vehicle extends beyond the boundary of the parking lot_
Spaces Required: Spaces Provided:
•DO YOU SHARE PARKING WITH ANY OTHER BUSINESS? YES NO If yes, please explain in..writing.
J
Board of Adjustments:
Planning Commission:
•BUSINESS NAME:
•LESSEE NAME:
•LESSEE ADDRESS:
'PROPOSED USE•
•IS THE STRUCTURE VACANT? YES NO If yes,
•IS THE BUSINESS A HOME OCCUPATION? YES
•DOES THE USE REQUIRE AN AIR PERMIT FROM THE
If yes, please provide a copy of the permit.
'DOES THE USE PRODUCE AN ODOR? Y Ni
•NUMBER OF EMPLOYEES:
'OUTDOOR STORAGE OF MATERIAL /OR EQUIPMENT? Y NO
If yes, please describe:
'SQ. FT. OF BUILDING - TOTAL: SQ. FT. OF BUSINESS:
REVIEWS/DATE:
_ Large Scale Development:
_ Lot Split:
S PHONE:
PHONE:
SI<'ATE:_ ZIP -
as the structure been vacant?
;, provide: permit ID #: P• C approval date:
DEPARTMENT OF ENVIRONMENTQUkLITY! YES NO
If yes,ase describe the
IT.
FOR OFFICE ZONED; LY' nr�l. g �n
PROPERTY ZONED; PARCEL NUMBER:'2�- _17�� -_ - R: -f QQ .
PLAT PAGE: LOT: BLOCK: P{-�-♦/�SE: — SUBDIVISION: Alm ' C
USE UNIT: (e INCLUDED USE(S):- Fr)
§161.02 CERTIFICATE OF ZONING COMPLIANCE NONCONFORMING SECTIONS:
NOTES:
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XDATE
VAC03-1 1.00SALAZAR
Close Up View
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Overview Legend Boundary
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s Overlay District ti Freeway/Expressway
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Feet
STAFF 1VIEW FORM - NON -FINANCIAL U,UGATION
AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM:
Dawn Warrick
Name
Planning
Division
ACTION REQUIRED: Ordinance Approval.
SUMMARY EXPLANATION:
November 18.2003
CP&E
Department
VAC 03-11.00: Vacation (Salazar, pp 294) was submitted by Michael and Jill Salazar for property located at
2721 Shadybrook Cove (Lot 51). The property is zoned RSF-4, Residential Single -family -4 units per acre.
The request is to vacate a portion of a utility easement along lot 51 of the Brookbury Subdivision.
STAFF RECOMMENDATION:
Staff recommended approval and on October 27, 2003 the Planning Commission voted on consent, 7-0-0, to
recommend approval of this Vacation by the City Council.
Division Head Dite
11()103
City Attorney Date
4,- J/ v7
Department Director Date
it -3-o3
Finance & Internal Services Dir. Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
Date
New Item:
ale
3 /Date
Yes No
3,03
FAYETTEVI LLE
THE CITY OF FAYETTEVIEEE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: November 21, 2003
Re: Ord. No. 4529
Attached is an executed copy of the above ordinance, approved by the City Council on November
18, 2003, authorizing the utility easement vacation request of Mr. & Mrs. Salazar for VAC 03-
11.00.
This ordinance and attachments will be recorded in the city clerk's office and microfilmed. The
ordinance will also be filed at the courthouse. If anything else is needed please let the clerk's
office know.
/cbp
attachments
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
RECEIVED
Nov252003
2 5 2003
Ci N CLERK'S OF ICE
AFFIDAVIT OF PUBLICATION
, do solemnly swear that I am
Lea -lark of the ca as Dem crat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
1NC\tc x-152`3 was inserted in the regular editions on
Po#
** Publication Charge: $
Subscribed and sworn to before me this
u��}a day of ltbovlQwnb€r ,2003.
Notary Public
My Commission Expires:
** Please do not pay from Affidavit.
An invoice will be sent.
Official Seal
SEAN -MICHAEL ARGO
Notary Public -Arkansas
WASHINGTON COUNTY
My Commission Expires 07-25-2013
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
•
RECEIVED
Nov 252003
T �OLERK' OFFICE
ORDINANCE APPROVING VAC 03-11.00 TO VACATE A
7TION OF A UTILITY EASEMENT ALONG LOT 51 OF THE
DOKBURY SUBDIVISION AS DEPICTED ON THE
ACHED MAP AND LEGAL DESCRIPTION.
IEREAB, the City Council has the authority under ACA. City of Fayefeville
-54-104 to vacate public grounds or portions thereof which
not required for corporate purposes. and
IBRBAS, the City Courd has determined that the following described iiUty easeme t is not
Bred fa corporate purposes, -
W, TNiREEORB, Be R ORDAINED BY THE CT' COUNCIL OF THE CRY OF FAYET-
MLLE, ARNNISA&
tpn 1. That the city of Fayetteville. Arkaisav hereby vacates and abandons all of Its rights together
i the rights of the pubic generally. in and to the folo+4rg described wily easement.
E#Wit'Aattached hereto end made a part hereof.
That a copy of the Ordinance duly cersfiel by the City Clerk along whin the map attached
labeled Exhbit'B' Snail be filed in the office of the Recorder of the Canty and recorded in
iecords of this County..
RABEED and APPROVED this the IBM day of Nanaibay 2003.
EXHIBIT •A"
VAC 03.11.00
CLERK AND EX-OFRCIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PAR-
TICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT
RFTY-ONE (51); THENCE N77m00'00'E ALONG THE NORTH UNE OF SAID LOT FIFTY-0NE (51) 22.74
FEET; THENCE S13s00'0TE 8.87 FEET TO THE POINT OF' BEGINNING, SAID POINT BEING THE
NORTHWEST CORNER OF THE ROOF OVERHANG: THENCE N77m2533'E ALONG THE NORTH-
ERNMOST ROOF OVERHANG 69.10 FEET TO THE NORTHEAST CORNER OF SAID ROOF OVER-
HANG; THENCE S12m3427E ALONG THE EASTERNMOST ROOF OVERHANG 0.62 FEET TO A
POINT ON THE TEN (10) FOOT UTILITY EASEMENT UNE WHICH IS PARALLEL WITH THE NORTH
LINE OF SAID LOT FIFTY-ONE (51); THENCE S77m '00YJ ALONG SAID U ILI1Y EASEMENT UNE
65.30 FEET TO THE INTERSECTION OF THE NORTH UTILITY EASEMENT UNE AND WEST URUTY
EASEMENT AND BUILDING SETBACK UNE; THENCE S20..3000E ALONG THE WEST UTILRY
EASEMENT AND BUILDING SETBACK-UNE 36.01 FEET; THENCE Si0-00'00'E ALONG THE WEST
UTILITY EASEMENT AND BUILDING SETBACK UNE 12.14 FEET TO A POINT ON THE SOUTH SIDE
OF AN EXISTING DECK; THENCE S77m25'33'W 7.22 FEET TO THE SOUTI-MEST CORNER OF SAID
DECK; THENCE N12w3427'W ALONG THE WEST SIDE OF SAID DECK 30.70 FEET TO THE SOUTH
EDGE OF A ROOF OVERHANG; THENCE S7? -25'33'W 1.00 FEET TO THE SOUTHWEST CORNER
OF SAID ROOF OVERHANG; THENCE N12m3427VN ALONG THE WEST EDGE OF SAID ROOF
OVERHANG 18.20 FEET TO THE POINT OF BEGINNING„CONTAINING 357 SQUARE FEET, MORE OR
LESS.